Privacy,
in plain English

Privacy,
in plain English

What we keep, who sees it and for how long. The short version first, then every answer in full.

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Who opens your file

Only your two lawyers open your file

Eleanor Hart, partner
Ben Harlow, associate

Eleanor Hart, partner

Ben Harlow, associate

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The whole policy,
question by question

Who are we?

Mardon Lawyers is a law practice on Level 14, 333 Collins Street, Melbourne VIC 3000. In this policy, “we” and “us” mean Mardon Lawyers and everyone who works here.

This policy explains how we handle personal information under the Privacy Act 1988 (Cth) and the Australian Privacy Principles. As lawyers we also owe you a duty of confidentiality, which goes further: what you tell us about your matter stays confidential while we act for you, after your matter ends, and even if we never act for you at all.

What do we collect?

Only what we need to help you. Usually that’s:

  • your name and how to reach you: phone, email and postal address;

  • what has happened and what you need, including any documents you send us;

  • the names of the other people involved, so we can check we’re free to act;

  • proof of identity, where the law requires it;

  • billing and payment details.

Some matters involve sensitive information, such as health details in a family or employment matter. We only collect it when you give it to us for your matter, or with your consent. You can ask us a general question without giving your name, but we need to know who you are before we can act for you.

How do we collect it?

Mostly from you: when you call, write, use the form on our contact page or meet us. Sometimes from other people, such as the other side’s lawyers, a court, a government register or an expert we brief for you. When we collect information about you from someone else, we’ll tell you if it’s reasonable to.

Why do we use it?

To advise you and act in your matter; to check for conflicts before we take a matter on; to confirm who you are where the law requires it; to bill you and keep the accounts the law requires; and to meet our duties to courts and regulators.

We don’t use your information for anything you wouldn’t expect, and we don’t send marketing. If we ever start a newsletter, you’ll only get it if you ask for it.

Who else sees it?

Inside the firm: the partner and associate on your matter, and our practice manager for billing. Nobody else opens your file.

Outside the firm, only people your matter needs or the law requires:

  • barristers, experts and other professionals we brief for you;

  • courts, tribunals and the other side, as part of your matter;

  • our IT and document-storage providers, who hold data for us and can’t use it for anything else;

  • regulators, when the law requires it.

We never sell, rent or trade personal information.

Does it leave Australia?

Your file and our email are kept with providers in Australian data centres. Our website runs on Framer, a platform based in the Netherlands, so messages sent through our contact form pass through its servers before they reach us. We take reasonable steps to make sure anyone who holds information for us protects it as the Australian Privacy Principles require.

How do you keep it safe?

Files sit in a document system that only the people on your matter can open, and everyone at the firm signs in with two steps. Paper files are kept in locked storage on Level 14. When we no longer need information, usually seven years after your matter closes, we destroy it securely or remove anything that identifies you.

What if something goes wrong?

If information we hold is lost or accessed without permission in a way that’s likely to cause you serious harm, we’ll tell you and the Office of the Australian Information Commissioner as quickly as we can, and say what we’re doing about it. That’s what the Notifiable Data Breaches scheme requires, and it’s what we’d want if it were our information.

Does this website use cookies?

No advertising or tracking cookies. We count visits with analytics that don’t use cookies and can’t identify you, so we can see which pages help people. When you use the contact form, we receive what you type and nothing else from your browser.

Can I see or correct it?

Yes. Ask for a copy of the personal information we hold about you, or for anything wrong, out of date or incomplete to be corrected. We’ll reply within 30 days. Access is free; if copying a large file takes real time, we’ll tell you the cost before we start.

In rare cases the law lets us refuse, for example where access would breach someone else’s privacy or legal professional privilege. If so, we’ll explain why in writing.

How do I complain?

Write to our privacy officer, Daniel Kerr, at privacy@mardonlawyers.com.au. We’ll acknowledge your complaint within five working days and answer it in writing within 30 days.

If you’re not satisfied, you can complain to the Office of the Australian Information Commissioner at oaic.gov.au or on 1300 363 992. Concerns about how a lawyer has acted can go to the Victorian Legal Services Board + Commissioner at lsbc.vic.gov.au.

Will this policy change?

Sometimes, when the law or the way we work changes. The date beside the contents shows when it was last updated. If a change affects how we use information you’ve already given us, we’ll tell you directly.

Daniel Kerr, privacy officer

Privacy officer

Questions about your information?

Write to Daniel Kerr. He replies within five working days.

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