Privacy Policy

1. The Kinds of Personal Information We Collect

We collect various types of personal information to provide our legal services effectively. This may include:

• Contact Details: Your name, role or position, address, email address, mobile number, and landline number.

• Circumstantial Information: Details relating to your circumstances and affairs relevant to the matters in which we are instructed.

• Legal Interests and Requirements: Information about your legal needs and the services you wish to engage.

• Communication Records: Information regarding our communications with you and your attendance at seminars and promotional events.

• Employment Information: If you are an employee or prospective employee, information about your qualifications, skills, and work experience.

• Supplier Information: If you are a supplier or prospective supplier, information about your business skills, services, products, and prices.

• Website and Social Media Usage: Statistical information regarding your views, access, and usage patterns of our website and social media platforms.

We collect this personal information to assist us in conducting our business, providing and marketing our services, and meeting our legal obligations.

Sensitive Information

In some cases, we may collect sensitive information, such as details about your:

• Membership of a professional or trade association

• Criminal record

• Health information

We only collect sensitive information with your consent and when it is reasonably necessary for our functions or activities or as otherwise permitted by the Privacy Act.

Consequences of Not Providing Personal Information

If we are unable to collect your personal information, including sensitive information where applicable, we may be unable to provide you with adequate legal services.

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2. How We Collect Personal Information

2.1 Direct Collection

We collect personal information directly from you in various ways, including when:

• You contact us with a question or inquiry.

• You subscribe to our newsletter or legal updates.

• You attend a seminar or event we are hosting or presenting.

• You instruct us to act for you, at which point we open a file and conduct a conflict check.

• You visit our website.

2.2 Indirect Collection

In some instances, we may collect personal information about you from third parties, such as:

• Clients providing information relevant to the advice or services we are providing.

• Third-party information providers.

• The courts or tribunals.

• Persons responding to our questions or inquiries.

2.3 Legal Obligations

We are required by the Solicitors Rules under the Legal Profession Uniform Law (NSW) 2015 to collect the full name and address of our clients. Accurate name and address information is also necessary to comply with trust account record-keeping requirements and our duties to the courts.

2.4 Consequences of Not Providing Information

If you do not provide us with accurate personal information, including your name and address, we may not be able to act for you or achieve the purpose for which the information was sought.

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3. The Purposes for Which We Collect, Hold, Use, and Disclose Personal Information

We collect, hold, use, and disclose your personal information to:

• Respond to Your Inquiries: Address any questions or concerns you may have.

• Provide Legal Services: Effectively manage and represent you in legal matters.

• Employ Personnel: Recruit and manage competent and diligent staff.

• Improve Our Services: Monitor and enhance the use and satisfaction with our legal services.

• Inform You About Services: Notify you of legal developments, our expertise, and services that may interest you.

Use and Disclosure

We may use and disclose your personal information:

• To Carry Out Your Instructions: Share information with parties related to your matter as necessary.

• With Your Consent: When you have given us permission to do so.

• For Support Services: Subject to confidentiality, when using services that support our legal practice.

• As Required by Law: In response to legal obligations, such as a subpoena or court order.​

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4. Parties to Whom Your Personal Information May Be Disclosed

Subject to our confidentiality obligations, we may share relevant personal information with:

• Related Parties: Individuals or entities involved in your matter, government authorities, and service providers.

• Email Marketing Providers: For sending newsletters, invitations, and legal updates (only with your consent).

• Third-Party Service Providers: Entities that assist with archival, auditing, accounting, legal, business consulting, website, or technology services.

We will disclose your personal information if required by law or in circumstances permitted by the Privacy Act, such as when unlawful activity is suspected.

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5. Non-Personal Information

We may collect non-personal information about your interactions with our website through:

5.1 Web Browser

Our internet service provider may record:

• Your server address and domain name

• The date and time of your visit

• Pages viewed and information downloaded

5.2 Cookies

We use cookies to collect information such as:

• Browser type

• Time spent on the website

• Pages visited

• Language preferences

Managing Cookies: You can refuse cookies by adjusting your browser settings. However, this may affect your website experience.

5.3 Tracking Technologies

We may use pixel tags, web beacons, or similar technologies to:

• Measure the effectiveness of our marketing campaigns

• Compile statistics about website usage and response rates

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6. Third-Party Sites and Services

Our website may contain links to third-party websites or services. This privacy policy does not apply to those websites, and we are not responsible for their privacy practices. We encourage you to review the privacy policies of any third-party sites you visit.

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7. Disclosure of Information Outside Australia

We do not disclose personal information to overseas recipients. If this changes, we will update this privacy policy accordingly and ensure compliance with cross-border disclosure requirements.

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8. Opting Out of Marketing Communications

We may send you newsletters, invitations, and legal updates about our services. You can opt out at any time by:

• Clicking the "unsubscribe" link at the bottom of any marketing email

• Contacting us using the details in the "Contact Us" section below

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9. Security of Personal Information

We take reasonable physical, technical, and administrative measures to protect your personal information from:

• Misuse, interference, and loss

• Unauthorized access, modification, or disclosure

Security Measures:

• Secure offices and servers

• Restricted access to personal information

• Use of encryption, firewalls, and secure technologies

While we strive to protect your information, we cannot guarantee absolute security.

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10. Access to and Correction of Personal Information

10.1 Access

You have the right to request access to the personal information we hold about you. To do so, please contact us using the details in the "Contact Us" section below. We will respond within a reasonable time, usually within 30 days.

Access Refusal:

We may refuse access in certain circumstances, such as:

• If giving access would be unlawful

• If it poses a serious threat to health or safety

• If it unreasonably impacts the privacy of others

• If it reveals our intentions in negotiations with you

• If it is likely to prejudice legal proceedings or enforcement activities

If we refuse access, we will provide written reasons and information on how to complain.

10.2 Correction

If you believe any personal information we hold is incorrect, please contact us to request a correction. We will take reasonable steps to amend your records.

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11. Changes to This Privacy Policy

We may update this privacy policy from time to time. Any changes will be effective immediately upon posting on our website.

Notification of Changes:

We encourage you to review this policy periodically. Continued use of our services constitutes acceptance of any changes.

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12. Complaints and Contact Us

If you have any questions, concerns, or complaints about this privacy policy or our handling of your personal information, please contact us at:

Kirkman Family Law

Attention: Fiona Kirkman

Email: support@kirkmanfamilylaw.com

We will investigate your complaint and respond within 30 days. If you are not satisfied with our response, you may contact the Office of the Australian Information Commissioner (OAIC):

Website: https://www.oaic.gov.au/privacy/privacy-complaints

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13. Definitions

• Personal Information: Information or an opinion about an identified individual, or an individual who is reasonably identifiable.

• Sensitive Information: A subset of personal information that includes details about racial or ethnic origin, political opinions, religious beliefs, sexual orientation, criminal record, health information, and more.

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14. Acknowledgment

By providing us with your personal information, you consent to the collection, use, storage, and disclosure of that information as described in this privacy policy.

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This Privacy Policy was last updated in October 2024.