This Privacy Policy details how Pointon Partners Pty Ltd (ACN 106 066 406) (referred to in this Privacy Policy as “Pointon Partners”, “we”, “us”, “our”) protects the privacy of your personal information.

This Privacy Policy and all personal information collected and otherwise dealt with by Pointon Partners is subject to the Privacy Act and the Australian Privacy Principles (“APP”) contained in Schedule 1 of the Privacy Act, as amended from time to time.

If you are based in the European Union or United Kingdom (“UK”) during your interactions with us (other than when you are in the European Union or UK solely for travel purposes) (“EU Individual”) then please refer to end of this agreement.

  1. Scope

This Privacy Policy explains how Pointon Partners collects, uses, holds and discloses personal information provided about individuals to Pointon Partners through the use of www.pointonpartners.com.au (“the website”), social media pages or other applications related to Pointon Partners and any services offered or provided by Pointon Partners (“services”). In this Privacy Policy we also explain how you can contact us if you have a query about any personal information that we may be holding about you.

  1. Acknowledgement

By using or continuing to use the website and/or services of Pointon Partners or providing us with instructions, you acknowledge that you have had the opportunity to read and understand this Privacy Policy and consent to Pointon Partners collecting, holding, using and disclosing personal information supplied by you.

If you provide us with personal information of a third party individual, you will be responsible for informing the individual of the existence of this Privacy Policy and obtaining the individual’s consent for their personal information to be provided to Pointon Partners for the purposes indicated in the corresponding sections of this Privacy Policy or as otherwise indicated at the time of collection.

  1. Personal Information

In this Privacy Policy, “personal information” has the same meaning as defined by section 6 of the Privacy Act:

information or an opinion about an identified individual, or an individual who is reasonably identifiable:

  1. whether the information or opinion is true or not; and
  2. Whether the information or opinion is recorded in a material form or not.

Personal information may include your name, address, contact telephone and fax number(s), email addresses and/or other information that is necessary for the delivery of our goods or services to you.

  1. Collection

In the course of regular business activity and in order to use the website and/or our services, Pointon Partners will from time to time collect, require and deal with your personal information.

Pointon Partners collects personal information from individuals in numerous ways, including for example when an individual:

  • provides instructions Pointon Partners to provide legal advice or in relation to a matter;
  • visits our websites or social media channels;
  • subscribes to a practice group newsletter or mailing list;
  • emails Pointon Partners for any reason, including inquiries, comments and complaints;
  • telephones Pointon Partners;
  • provides Pointon Partners with personal information, including for example by providing a business card or allowing information on social media to be shared with us;
  • makes payment of an invoice;
  • registers for or attends an event or seminar run by Pointon Partners and/or a third party;
  • allows any information on social media to be shared with us; or
  • has business dealings with us, such as a supplier, regulator or in the context of a transaction.

We may also collect personal information about you from third parties or where Pointon Partners is required to do so by law.

Pointon Partners does not generally take steps to:

  • verify personal information about any individual disclosed to it; or
  • seek additional personal information about any individual on the basis of information disclosed to it,

except in circumstances where it is reasonably necessary for Pointon Partners to do so or as may be required by law.

When collecting information from you – whether it be via our websites, email, hardcopy, face-to-face or any other services – we will take reasonable steps to inform you of why we are collecting the information, the purposes for which we intend to use that information and to whom it may be disclosed.

We note that in certain circumstances, if you do not consent to the use of your personal information as outlined in this Privacy Policy or at the time of collection, you may not have access to our services and we might not be able to provide you with our services.

  1. Use and disclosure

Any personal information collected by Pointon Partners will be used for the purposes for which it was given to Pointon Partners, for purposes which are related to those purposes, for purposes which you have otherwise consented to, or any other purposes in accordance with the Privacy Act, and applicable laws.

Pointon Partners may use your personal information for purposes such as the following:

  • to verify your identity, personal information, authenticate payments and/or process orders;
  • to provide you with our services; to notify you of Pointon Partners events that may be of interest to you and to process and make arrangements for an event;
  • to send you information and updates pertaining to our services;
  • to send you related service information;
  • to send you promotional, marketing or other information about our services and/or events through email, postal mail or some other means unless you otherwise instruct us to cease or refrain from sending you such information;
  • to send you communications in connection with our services and other events;
  • providing and contacting you in relation to our subscription services, where you have subscribed to our practice group newsletter or mailing list ;
  • to contact you about our events through email, postal mail or some other means;
  • to conduct research about our services;
  • to monitor and improve our services;
  • to allow Pointon Partners to personalise our services;
  • to process any inquiries you have about the Pointon Partners, our services or events;
  • to respond to your feedback or complaints;
  • to endeavour to protect against, identify and prevent fraud and other unlawful activity, claims and other liabilities;
  • communicating with you before and after an event;
  • internal accounting and administration; or
  • regulatory reporting and compliance.

We may disclose your personal information we hold, including to:

  • our directors, officers, employees and other associated companies within our corporate group;
  • other related and non-related organisations including your company or organisation if you use our services under a corporate account;
  • service providers or contractors who help us provide services (for example, barristers, counsel or forensic investigation teams);
  • credit-reporting and fraud-checking agencies;
  • debt collection agencies, in the event of your default in payment of monies owed to us;
  • government, regulatory and law enforcement agencies where the disclosure is required or authorised by law;
  • our professional advisors, including our accountants, auditors and lawyers;
  • our related entities;
  • third party suppliers of services which you have selected;
  • third parties when we contract out some of our services; or
  • to a law enforcement agency if we are requested to do so by that agency in relation to suspected unlawful activity.

Where applicable, we may handle or disclose personal information relying on applicable exemptions under the Privacy Act, including but not limited to, the related bodies corporate exemption and the employee exemption.

  1. Overseas disclosure

We may disclose personal information to overseas recipients in order to provide or assist with legal services and for administrative or other business management purposes. In each case, we will comply with the requirements of the Privacy Act that apply to cross border disclosures of personal information.

  1. Subscription to Pointon Partners

We may provide you with information regarding our services through different means, such as by post, email, or any other equivalent means of communication, using the contact details which you provide to us for the purposes of receiving such information from us.

You can unsubscribe or opt-out of receiving such marketing communications from us at any time by following the information we provide to you or contacting Pointon Partners using the details provided below.

  1. Cookies

To ensure we are meeting the needs and requirements of our websites users, and to continue to develop our online services, we may collect aggregated information through the use of cookies. We may use cookies to collect data about your visit and to allow you to navigate from page to page without having to reload each time.

You may control, refuse and/or delete cookies by using the appropriate setting on your browser as you wish, however, if you do so you may not be able to access portions of our website.

  1. Storage and Security

Pointon Partners takes reasonable steps to protect the personal information we hold from misuse, interference, loss and unauthorised access, modification or disclosure. Pointon Partners stores your personal information physically and/or electronically and has processes in place to endeavour to ensure the security of your personal information.

In addition, all Pointon Partners employees are required, as a condition of employment or by law, to treat personal information held by Pointon Partners as confidential.

  1. Access to personal information

If you would like access to your personal information please contact our Privacy Officer directly via the contact details found below under “Contact”.

Pointon Partners will respond to a request for access to personal information within a reasonable period after the request is made.

  1. Correction of personal information

In the event Pointon Partners holds personal information about you and you believe that any of the information we hold about you is inaccurate, out of date, incomplete, irrelevant or requires correction, please make a request to our office for correction. Contact details can be found below.

  1. Links – External Websites

Please note that our website may contain links to other external websites. These links are provided as a convenience to you. Pointon Partners is not affiliated with these websites and accordingly has no control over, and is not responsible for, their content, activities, privacy practice or other policies. Links to external websites are not covered by this Privacy Policy.

  1. Changes to Privacy Policy

This is our current Privacy Policy. Please note that we reserve our right to amend, remove or vary this Privacy Policy at any time without notice. You should check this page regularly to take notice of any changes we may have made to this Privacy Policy.

To obtain a current version of our privacy policy, please contact our Privacy Officer via the contact details below.

  1. Contact

If you have any questions or concerns about how Pointon Partners handles personal information, or if you wish to contact Pointon Partners in relation to personal information we hold about you, please contact Pointon Partners or make a request in writing to:

Mail:      Pointon Partners, Level 14, 565 Bourke Street, Melbourne, Victoria Australia 3008

Please attention the Privacy Officer

Email:    general@pointonpartners.com.au

Phone: +61 3 9714 7707

If you decide to contact us for any of the reasons above, we request that you please provide us with sufficient details regarding your reason for getting in touch with us.

  1. Privacy complaints

If you wish to make a complaint about a matter relating to privacy please contact our Privacy Officer using the details set out above (refer to “Contact”).

Any complaint received by Pointon Partners will be investigated and considered by Pointon Partners in due course, and a response will be provided to the complainant within a reasonable period.

If you are not satisfied with the way in which we handle your enquiry, have a complaint about any practice, procedure or action taken in regard to your personal information, you can contact the OAIC. Current contact details for the OAIC are available on the OAIC’s website at http://www.oaic.gov.au/about-us/contact-us-page.

Last Updated: 1 December 2021

GDPR compliance

If you are a resident of the European Union (or following Brexit, you are a resident of the UK and the UK has laws equivalent to the General Data Protection Regulation 2016/679 (“GDPR”)  in effect) you have certain rights and protections under the GDPR (or the UK equivalent) regarding the processing of your personal data. This section sets out the additional information that we are required to provide to you under the GDPR. Please note that references to the GDPR also includes references to any UK equivalent.

Where the GDPR applies, the meaning of “personal information” has the same meaning as “personal data” under the GDPR.

For the purposes of the GDPR we will either be the “data processor” or “data controller” for any personal information you provide to us in connection with our relationship. The precise role we will be assuming is dependent on the context of our relationship with you and the purpose of the processing being undertaken.

Under the GDPR, use of personal information must be based on a legal basis and we are required to provide you with information about this use. We rely on lawful means of processing your personal data, including the following:

  • where it is necessary to fulfil a contract with you. This includes where we collect your personal data to enable us to send you our goods or provide you with our services;
  • where you have given us valid consent to use your personal data. We will rely on that consent and only use the personal data for the specific purpose for which you have given consent;
  • where it is to further our legitimate interests which could include usage statistics, analytics and internal analysis so we can improve our services to you.

We note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. If you need details about the specific legal ground Pointon Partners is relying on to process your personal data, please contact our Privacy Officer.

A. Your rights as an European Union of UK resident

Under certain circumstances or if you are a resident of the European Union or UK, you have various rights under the GDPR in relation to your personal information, including the:

  • right to be informed;
  • right of access;
  • right to rectification;
  • right to object/ withdraw consent;
  • right to restriction of processing;
  • right to erasure or to be forgotten;
  • right to data portability; and
  • right not to be subject to automated processing.

To exercise any of these rights please contact Privacy Officer via the contact details set out above under “Contact”.

B. Withdrawing your consent

You can withdraw your consent to our collection or processing of your personal data. You can do so by contacting us or by opting out of email newsletter communications by following the instructions in those emails or by clicking unsubscribe. If you withdraw your consent to the use of your personal data, you may not have access to our services and we might not be able to provide you with our services. In some circumstances, where we have a legal basis to do so, we may continue to process your information after you have withdrawn consent. For example, if it is necessary to comply with an independent legal obligation or if it is necessary to do so to protect our legitimate interest in keeping our services secure.