Black Bear Legal’s obligations under the Privacy Amendment (Enhancing Privacy Protection) Act 2012 is to comply with the Australian Privacy Principle 1.4 which requires us to set out our policies on the management of personal information in a clearly expressed document which is free of charge to anyone who asks for it.
Should there be, in any specific case, any inconsistency between this statement and the Act, this statement shall be interpreted, in respect of that case, to give effect to, and comply with the legislation.
The kind of Personal Information we collect and hold
Personal information means information the Service collects about you from which your identity is either apparent or can be reasonably determined.
The Service may collect non-personal information from you such as browser type, operating system, and web pages visited to help us manage our website.
How we collect and hold Personal Information
The Service logs the following information which is provided by your browser for statistical purposes only:
The Service collects directly from you the following as well as any other information type that we expressly ask you to enter and submit to the Service:
All this information is used by Black Bear Legal for aggregated statistical analyses or systems administration purposes only. No attempt will be made to identify users of their browsing activities, except where required by or under law.
A “cookie” is a packet of information that allows the Service to identify and interact more effectively with your computer.
When you access our Service, we send you a temporary or “session cookie” that gives you a unique identification number. A different identification number is sent each time you use our Service. Cookies do not identify individual users, although they do identify a user’s internet browser type and your Internet Service Provider. Shortly after you end your interaction with our Service, the cookie expires. This means it no longer exists on your computer and therefore cannot be used for further identification or access to your computer.
Without cookies certain personalised services cannot be provided to users of our Service, accordingly you may not be able to take full advantage of all of Black Bear Legals’ Service features if cookies have been disabled.
Links to Other Sites
The Black Bear Legal site may contain links to other sites. We are ultimately not responsible for the privacy practises or the content of such websites. We encourage you to read and understand the privacy policies on those websites prior to providing any information to them.
Search terms that you enter when using our search engine are collected but are not associated with any other information that we collect.
The purposes for which we collect, hold, use and disclose Personal Information
We use personal information you provide only for purposes consistent with the reason you provided it, or for a directly related purpose. Generally, we will not use your personal information to market to you unless we have either your implied or express consent but in situations where it is impractical to obtain your prior consent, we will ensure you have an ability to opt out of such future communications.
We do not share your personal information with other organisations unless you give us your express consent, or where sharing is otherwise required or permitted by law, or where this is necessary on a temporary basis to enable our contractors to perform specific functions.
Generally, Black Bear Legal will collect personal information directly from you, and only to the extent necessary to provide a Black Bear Legal product or service, or to carry out our internal administrative operations.
We may collect personal information from you when:
We use personal information collected through the Service to complete various actions:
You may also be able to transact with us anonymously where this is lawful and practicable.
We will collect personal information from you by lawful and fair means and not in an unreasonably intrusive way.
We will use your personal information only for the particular purpose that you provided it, or for a directly related purpose. We may otherwise use your personal information where that other use is:
Direct Marketing and your Privacy
From time to time we may use the personal information we collect from you to identify particular Black Bear Legal products and services which we believe may be of interest to you. We may then contact you to let you know about these products and services and how they may benefit you. We will generally only do this with your consent and we will always give you a choice to opt out of receiving such information in the future.
Where we use your personal information to send you marketing information via the post, we may do so with your implied consent or, if this is impracticable, we will ensure that you are provided with an opportunity to tick “opt out” box to ensure you do not receive such future communications. By not ticking a clearly displayed “opt out” box, we will assume we have your implied consent to receive similar marketing communications in the future.
Where we use your personal information to send you marketing information by e-mail, SMS, MMS or other electronic means, we may do so with your express or implied consent. You may give us your express consent by, for example, ticking a box on an electronic or paper form where we seek your permission to send you electronic or other marketing information. Consent may be implied from our existing business relationship or where you have directly or indirectly provided us with your electronic address.
Your Privacy Preferences and Choices
Every personalised marketing contact sent or made by Black Bear Legal will include a means by which customers may opt or receiving further marketing information. You may instruct us at any time to remove any previous consent you provided to receive marketing communications from us.
We have a strict duty to maintain the privacy of all personal information we hold about you. However, certain exceptions do apply. For example, where disclosure of your personal information is:
Use of Third Party Service Providers
When we temporarily provide personal information to companies who perform services for us, such as specialist information technology companies, mail houses or other contractors to Black Bear Legal we require those companies to protect your personal information as diligently as we do.
Updating your Information
It is inevitable that some personal information which we hold will become out of date. We will take reasonable steps to ensure that the personal information which we hold remains accurate and, if you advise us of a change of details, we will amend our records accordingly.
Access to your Personal Information
Black Bear Legal will, upon your request, and subject to applicable privacy laws, provide you with access to your personal information that is held by us. However, we ask that you identify, as clearly as possible, the type/s of information requested.
Black Bear Legal will deal with your request to provide access to your personal information in a reasonable time of receipt of your request.
Black Bear Legal will not charge you for lodging such a request but we may recover from you our reasonable costs incurred in supplying you with access to this information.
Your right to access your personal information is not absolute. In certain circumstances, the law permits us to refuse your request to provide you with access to your personal information, such as circumstances where:
Freedom of Information Laws
In addition to privacy laws, you may have rights to access your personal information contained in certain Black Bear Legal documents. Details on how to apply for access to these documents are contained in the Freedom of Information Act 1982 (FOI Act).
Complain about a Breach of Privacy
Black Bear Legal is committed to working with its customers to obtain a fair resolution of any complaint or concern about privacy.
To contact us with a compliment or complaint or a privacy question, you can:
Disclosure of Personal Information to Overseas Recipients
If Black Bear Legal transfers personal information to countries outside Australia, we will only do so in compliance with all applicable Australian data protection and privacy laws. Black Bear Legal will take reasonable steps to protect personal information no matter what country it is stored in or transferred to. We have procedures and data transfer contracts as appropriate to help ensure this.