1. This privacy statement sets out how Hillhouse Legal Partners Pty Ltd ACN 687 274 602 (Hillhouse) will manage your personal information and other information.

2. In this privacy policy, your information means your personal information, as defined under the Privacy Act 1988 (Cth) (Privacy Act). For parents, your child's information will be treated in the same manner as "your information" is treated throughout this Privacy Policy.

 

1. Information collected by Hillhouse

1.1 Depending on the particular circumstances, Hillhouse may collect and hold a range of different information about you and any relevant entity or person. This can include your:

(a) Identity information: name, date of birth, gender, signature, photographic identification, offices or directorships held, passport number, drivers licence number, a recording of your voice or face;

(b) Contact information: residential and postal addresses, email addresses, telephone numbers;

(c) Professional and business information: occupation, employer, job title, professional qualifications, business holdings and structures;

(d) Financial information: bank account details, billing information, payment card details, tax file numbers;

(e) Matter-related information: information relevant to your legal matter or the legal matter of our client;

(f) Transaction information: details of services provided to you or your organisation;

(g) Communication records: records of correspondence and communications with you;

(h) Website and technical data: IP address, browser type, device information, pages visited, cookies (see section 8);

(i) Recruitment information: employment history, qualifications, references, right to work status, background check results; and

(j) Sensitive information: including: sexual orientation, racial and ethnic origin, political beliefs, religious affiliation, criminal record, and health information.

1.2 The kinds of personal information we collect depends upon the nature of our relationship with you.

1.3 This policy does not apply to acts and practices that relate directly to the employee records of our current and former employees.

1.4 When we deal with corporations or agencies we may collect personal information about individual employees, directors or principals. If you are a corporation or agency and you provide us with personal information about such individuals, or you are aware that we have collected personal information about such individuals, we request that you refer those individuals to this Privacy Policy. You are responsible for ensuring that any personal information you provide is with the consent of the relevant individual.

1.5 We may be required to verify your identity and collect certain information under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) (AML/CTF Act) when we provide designated services. Identity documents might also be required for other services such as court matters, real property transactions and asset dealings. This includes collecting identification documents and information about the source of funds and beneficial ownership of entities.

 

2. How Hillhouse will collect your information

2.1 Hillhouse may collect your information in a number of ways, including:

(a) directly from you (such as where you provide information to Hillhouse when you retain our services or visit Hillhouse's website or contact Hillhouse with a query or request);

(b) by email with you or third parties;

(c) during telephone calls or virtual meetings with you or third parties (which may be recorded) from publicly available sources of information; and

(d) from Hillhouse's records.

2.2 We will also use the First AML platform to collect documents and information in connection with our obligations under the AML/CTF Act.

2.3 We may also collect information from other reporting entities and government agencies in connection with our obligations under the AML/CTF Act.

2.4 If you choose not to provide certain information about yourself, Hillhouse may not be able to provide you with the services or information you require.

 

3. How Hillhouse will hold your information

3.1 Hillhouse may store your information in hard copy or electronic format, in storage facilities that Hillhouse owns, or that are owned and operated by third party service providers.

3.2 Hillhouse may use third party service providers to record telephone calls and virtual meetings, store the recordings, transcribe the recordings and store the transcripts. Hillhouse and the third party service providers may use computer software to undertake such tasks. Hillhouse takes the privacy and security of your information seriously and Hillhouse is committed to maintaining the security of your information under Hillhouse's control.

3.3 Hillhouse uses a combination of technical solutions, security controls and internal processes protect your information from unauthorised access and disclosure.

3.4 While Hillhouse takes these steps to maintain the security of your information, you should be aware of the range of information security risks that exist today and take appropriate care to help safeguard your own information.

3.5 We will also use the First AML platform to hold documents and information in connection with our obligations under the AML/CTF Act that will be securely stored and handled by First AML as set out in its privacy policy.

 

4. Purposes for which Hillhouse will collect, hold and use your information

4.1 Hillhouse may collect, hold and use your information for a range of different purposes, including:

(a) to provide services to you, to provide you with information about those services, to assist you with enquiries, or to provide you with better customer service;

(b) to verify your identity;

(c) to generate transcripts of recorded audio and video and to review the accuracy of any such transcriptions;

(d) to administer and manage the services Hillhouse provides to you, to charge and bill you for them, and to collect any amounts you may owe Hillhouse;

(e) to improve or develop services, or to perform research and analysis; and

(f) ongoing Customer Due Diligence as required by the AML/CTF Act.

4.2 We will not collect personal information that would be unlawful, unnecessary or unrelated to our business.

 

5. When Hillhouse will disclose your information

5.1 Hillhouse may disclose your information:

(a) as required or authorised by law, including to law enforcement and national security agencies, and other government and regulatory authorities including to comply with our legal obligations to disclose information under the AML/CTF Act;

(b) to services providers (such as First AML) for the purpose of verifying your identity;

(c) to third parties who assist Hillhouse to manage or develop Hillhouse's business; or

(d) for the purposes of facilitating or implementing a transfer/sale of all or part of Hillhouse's assets or business

5.2 Hillhouse may not inform you that we have made a disclosure required by law if the law prevents us from doing so.

5.3 Hillhouse does not intend to disclose your information to third parties outside of Australia.

 

6. How Hillhouse will manage your credit information

6.1 We do not use an individual's personal information to assess their credit eligibility. However, during the course of providing the legal service to the individual, we may collect credit information that is necessary to provide them with the legal service.

 

7. What kinds of credit information Hillhouse may collect

7.1 The main kind of credit information we collect is an individual's identification information.

7.2 However, in the course of providing legal services to you, we may retain the following other kinds of credit information:

(a) information about any credit that has been provided to you;

(b) your repayment history;

(c) information about your overdue payments;

(d) if terms and conditions of your credit arrangements are varied;

(e) if any court proceedings are initiated against you in relation to your credit activities;

(f) information about any bankruptcy or debt agreements involving you;

(g) any publicly available information about your credit worthiness; and

(h) any information about you where you may have fraudulently or otherwise committed a serious credit infringement.

7.3 We do not collect your credit information from credit reporting bodies unless it is necessary to provide you with the legal service or you have expressly asked us to.

7.4 We may collect personal information that may affect your credit worthiness from other credit providers who have collected that information from a credit reporting body. The kinds of personal information we collect may include any of those kinds of personal information outlined herein.

 

8. How and when Hillhouse will collect credit information

8.1 In most cases we will only collect credit information about you if you disclose it to us and it is relevant in providing you with the legal advice.

8.2 Other sources we may collect the credit information from include:

(a) banks and credit providers;

(b) other individuals and entities via referrals;

(c) government bodies; and

(d) your suppliers and creditors.

8.3 However, in most cases you will be aware that this information is being collected as part of the legal service we are providing to you.

 

9. How Hillhouse will store and hold credit information

9.1 Hillhouse will hold and store your credit information in the same manner we hold your other information as outlined above.

 

10. Why Hillhouse collects your credit information

10.1 Our usual purpose for collecting, holding, using and disclosing credit information about you is to enable us to provide you with the legal service.

10.2 We may also collect your credit information to process payments.

 

11. Overseas disclosure of the credit information

11.1 We will not disclose your credit information to overseas entities unless you expressly advise us to, apart from the offsite storage of our information or to the extent that it is necessary or desirable to make such disclosure to obtain payment of money owed to us.

 

12. Cookies

12.1 Hillhouse's website may employ the use of cookies in order to monitor the usage levels relating to Hillhouse's website and to monitor which features of Hillhouse's website are most frequently accessed. Using cookies allows Hillhouse to constantly enhance its website in order to make it more user friendly.

12.2 Most web browser software allows you to block cookies if you choose to do so.

12.3 Your email Address and the Spam Act

12.4 Hillhouse is fully compliant with the Spam Act 2003 (Cth) and Hillhouse will not send you promotional material if you do not want it sent to you. Hillhouse will not forward your email address to any third parties without your express permission.

 

13. Social Media Messaging, Message Boards And Forums

13.1 Hillhouse's Websites or social media accounts may contain interactive features such as Facebook messaging or sharing, Twitter posts, LinkedIn posts, Instagram posts, message boards and forums. Whenever you post personal information in publicly accessible places such as Facebook, Twitter, Instagram, LinkedIn, message boards and forums on the Internet, this information becomes available to anyone with access to the Internet. This information can be collected and used by others, including to send you unsolicited communications. Therefore, Hillhouse recommends that you use your discretion and exercise caution when providing your personal information on Facebook, Twitter, LinkedIn, Instagram, message boards and forums. Hillhouse accepts no liability for any material or links posted on any Facebook post, Twitter post, LinkedIn post, Instagram Post, message boards or forums on the Hillhouse website.

 

14. How to access or correct your personal information or make a privacy complaint

14.1 If you wish to access any of your personal information that Hillhouse holds or would like to correct any errors in that information, please contact Hillhouse using the contact details set out at the contact page.

14.2 You may also use these contact details to notify Hillhouse of any privacy complaint you have against Hillhouse, including if you think that Hillhouse has failed to comply with the Australian Privacy Principles (APP)

14.3 Hillhouse will investigate any complaints received in writing and endeavour to respond to your complaint within 14 days of receipt of the complaint.

14.4 While Hillhouse will use its best endeavours to address any complaint that you may have, if you are unsatisfied in the manner in which Hillhouse deals with your complaint, you may also be able to lodge a complaint with a relevant regulator such as the Australian Information Commissioner (oaic.gov.au)

 

15. About this Statement

15.1 This Statement has been issued by Hillhouse, effective as at June 2019. From time to time, Hillhouse may need to change this Statement.

15.2 Hillhouse will post the updated version here and it will apply to all of your information held by Hillhouse at the time.

15.3 If you would like to complain about a breach of the APP, you may contact our Privacy Officer by emailing email@hillhouse.com.au or telephone (07) 3220 1144 and ask to speak to our Privacy Officer.