This website contains general information about law and legal practice.  The information is not advice, and should not be treated as such.

The legal information on this website is provided without any representations or warranties, express or implied.  We make no representations or warranties in relation to any legal information on this website.

Without prejudice to the generality of the foregoing paragraph, we do not warrant that:

1. the legal information on this website will be constantly available, or available at all; or
2. the legal information on this website is complete, true, accurate, up-to-date, or non-misleading.

You must not rely on the information on this website as an alternative to legal advice from your lawyer or other professional legal services provider.  If you have any specific questions about any legal matter you should consult your lawyer or other professional legal services provider.  You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information on this website.  Please contact us if you require our assistance.

Nothing in this legal disclaimer will:

1. limit or exclude our liability for death or personal injury resulting from negligence;
2. limit or exclude our liability for fraud or fraudulent misrepresentation;
3. limit any of our liabilities in any way that is not permitted under applicable law; or
4. exclude any of our liabilities that may not be excluded under applicable law.

In relation to the supply of goods or services, certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) and similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. To the extent permitted by law, and that the availability of this website and any content of this website may be considered to constitute “services” (which is denied), our liability for breach of any implied warranty or condition that cannot be excluded is restricted, at our option to: the re-supply of services or payment of the cost of re-supply of services; or the replacement or repair of goods or payment of the cost of replacement or repair. To the extent permitted by law, we specifically exclude and limit any liability to you or any third party for any consequential, indirect, exemplary or punitive loss or damage, including but not limited to loss of profit, loss of revenue, loss of goodwill, loss to reputation, depreciation of assets or increase of liabilities, loss of use of or value of property.

COPYRIGHT

The copyright in this website and the material on this website (including without limitation the text, computer code, artwork, photographs, images, music, audio material, video material and audio-visual material on this website) is owned by Landerer & Company and our licensors.

We grant to you a worldwide non-exclusive royalty-free revocable licence to:

1. view this website and the material on this website on a computer or mobile device via a web browser;
2. copy and store this website and the material on this website in your web browser cache memory; and
3. print pages from this website for your own personal and non-commercial use.

We do not grant you any other rights in relation to this website or the material on this website.  In other words, all other rights are reserved.

For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast or show or play in public this website or the material on this website (in any form or media) without our prior written permission.

The automated and/or systematic collection of data from this website is prohibited.

You may request permission to use the copyright materials on this website by writing to info@landerer.com.au or by post to PO Box A237 Sydney South NSW 1235.

We take the protection of our copyright very seriously.

If we discover that you have used our copyright materials in contravention of the licence above, we may bring legal proceedings against you seeking monetary damages and an injunction to stop you using those materials.  You could also be ordered to pay legal costs.

If you become aware of any use of our copyright materials that contravenes or may contravene the licence above, please report this by email to info@landerer.com.au or by post to PO Box A237 Sydney South NSW 1235.

If you become aware of any material on our website that you believe infringes your or any other person’s copyright, please report this by email to info@landerer.com.au or by post to PO Box A237 Sydney South NSW 1235.

VIRUS WARNING

Landerer & Company does not warrant that the servers that make this website available will be error, virus or bug free and you accept that it is your responsibility to make adequate provision for protection against such threats.  We recommend scanning any files before downloading..

In no event will Landerer & Company be liable to you or to any other person for any incidental, indirect, consequential, punitive or special damages of any kind, or any other damages whatsoever, including, without limitation, those resulting from loss of profit, loss of contract, loss of reputation, goodwill, data, information, income, anticipated savings or business relationships, whether or not Landerer & Company has been advised of the possibility of such damage, arising out of or in connection with the use of this website or any linked websites.

LIMITED LIABILITY

In respect of legal services provided in New South Wales, liability is limited by a scheme approved under Professional Standards Legislation.  Landerer & Company is a solicitor corporation under the Legal Profession Uniform Law (NSW).

PRIVACY POLICY

This is the Privacy Policy of Landerer & Company Legal Services Pty Limited ABN 22 159 179 978 (“we”, “us” and when relating to us, “our”).

We are committed to protecting the privacy of our contacts, customers, suppliers and employees (“you” and when relating to you, “your”) and complying with the Australian Privacy Principles set out in the Privacy Act 1988 (Cth) (Privacy Act). This Privacy Policy details in general terms how we collect, store, use and disclose your personal information under the Australian Privacy Principles.

Landerer & Company Legal Services Pty Limited, with its registered address in Level 31, 133 Castlereagh Street, Sydney NSW 2000, Australia, collects, stores, and uses your personal information as a data controller in connection with the use of our legal services (“Services”) according to this privacy policy (Privacy Policy).

For questions and information about Privacy Policy and your rights, please contact us via email at email address: info@landerer.com.au.

We reserve the right to modify this Privacy Policy. Your continued use of Services will signify your acceptance of the changes to this Privacy Policy. The Privacy Policy as amended from time to time is available on this website.

In this policy we describe how we manage your personal information.

1. The kinds of personal information we collect in respect of services to clients or potential clients

   
   The kinds of personal information that we collect include:
   1. contact details such as name, role or position, address, email address, mobile number, landline number and fax number;
   2. information relating to your circumstances and affairs relevant to the matter/s in which we are instructed;
   3. information about your legal interests and requirements and the legal services that you may wish to purchase;
   4. information regarding our communications with you and your attendance at seminars and promotional events held by us;
   5. if you are an employee or prospective employee, information about your qualifications, skills and work experience;
   6. if you are a supplier or prospective supplier, information about your business skills, services, products and prices.

2. Other information we collect generally includes:

   1. Website Browsing Information. When you visit our website, we track information to assist us administering the website and analysing website usage. This information includes:
      1. your Internet Protocol (IP) address;
      2. the state or country from which you access the website;
      3. date and time of your visit to the website;
      4. the kind of browser or computer you use;
      5. name of your Internet service provider;
      6. web pages from which you link to our website or go to from our website;
      7. the webpages within our website you view when visiting our website;
      8. Geolocation if you access our website via a mobile device. You will have the option to turn off geolocation on your mobile device, but certain features in our mobile apps may not then work properly for you. As part of website browsing tracking processes described above, we use third-party technology, namely Google Analytics. We do not knowingly provide Google with any personal information as part of using Google Analytics. Further information about the Google Analytics privacy principles can be found at: https://www.google.com/intl/en/analytics/learn/privacy.html.
   2. Cookies
      We use cookies to personalise or enhance your user experience and to facilitate the tracking of session and cross session activities. A cookie is a small text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.
      One of the primary purposes of cookies is to provide a convenience feature to save you time. For example, if you personalise a web page, or navigate within a website, a cookie helps the site to recall your specific information on subsequent visits. Hence, this simplifies the process of delivering relevant content and eases website navigation by providing and saving your preferences and login information as well as providing personalised functionality.
      The type of information that may be stored in a cookie includes non-personal information about you. Some examples may include a randomly assigned user or session identification number, the country where you are located, and your first name to welcome you back to the site. We reserve the right to share aggregated website statistics with third parties, but will not allow other companies to place cookies on our website unless there is a temporary, overriding customer value (such as merging into our webite another site that relies on third-party cookies)
      You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you reject cookies by changing your browser settings, then be aware that this may affect the functionality of our website.

3. How we collect personal information

   1. We collect personal information by various means including when:
      1. you contact us with a question or inquiry;
      2. you subscribe to our newsletter or legal updates service;
      3. you attend a seminar or event where we are hosting or presenting;
      4. you seek to instruct or instruct us to act for you and we open a file and conduct a conflict check;
      5. our clients provide information relating to related and adverse parties relevant to the advice or services we are providing;
      6. we undertake a search or investigation;
      7. you are commissioned or briefed or contracted by us;
      8. you visit our website and submit an enquiry.
   2. Where practicable we collect personal information about you directly from you. However, we may have collected information about you from a third party such as a client, a third party information provider, the courts or a person responding to our questions or inquiries.
   3. We are required to collect the full name and address of our clients by the Solicitors Rules made under the Legal Profession Uniform Law (NSW). Accurate name and address information must also be collected in order to comply with the trust account record keeping requirements in the Legal Profession Uniform General Rules 2015, including the Legal Practice (Solicitors) Rules 2015 and Conduct Rules 2015, and to comply with our duty to the courts.
   4. If you are a client and do not provide us with name and address information we cannot act for you.
   5. If you do not provide us with accurate personal information we may not be able to carry out our instructions or achieve the purpose for which the information has been sought.

4. The purposes for which we collect, hold, use and disclose personal information

   1. We collect, hold, use and personal information in order to:
      1. respond to your enquiries;
      2. provide legal services;
      3. employ competent and diligent personnel;
      4. monitor or improve the use of and satisfaction with our legal services; and
      5. let you know about legal developments, our expertise and legal services that may be of interest to you.
   2. We disclose personal information:
      1. in order to carry out the instructions of our clients; and
      2. subject to our confidentiality obligations, when using services in support of our legal practice.

5. The parties to whom your personal information is disclosed

   1. Subject to our confidentiality obligations, we may share some relevant personal information with:
      1. parties related to a matter you have with us, government authorities and service providers as reasonably required to carry out your instructions;
      2. our e-mail marketing provider for the purposes of providing you our newsletter, invitations and legal updates; and
      3. third party service providers who assist us with archival, auditing, accounting, legal, business consulting, website or technology services.
   2. We also will disclose your information if required by law to do so or in circumstances permitted by the Privacy Act – for example, where we have reasonable grounds to suspect that unlawful activity, or misconduct of a serious nature, that relates to our functions or activities has been is being or may be engaged in, in response to a subpoena, discovery request or a court order

6. Disclosure of information outside the jurisdiction of collection

   1. We do not disclose personal information to overseas recipients, unless you have authorised or otherwise instructed us, whether expressly or impliedly, to do so.
   2. When you provide personal information, the information/ data may be sent to servers located in Australia.

7. Opting out of marketing communications

   
   We may, from time to time, send you newsletters, invitations and legal updates about our services. You can opt out of receiving further such communications by notifying us using our contact details below by clicking the “unsubscribe” option at the bottom of any marketing e-mail received from us.

8. Security and Data Retention

   1. We take reasonable physical, technical and administrative safeguards to protect your personal information from misuse, interference, loss, and unauthorised access, modification and disclosure. For example, we maintain our files in secure offices and limit access to personal information to individuals with a need to know.
   2. We process any personal information data in accordance with the Australian Privacy Principles, and follow generally accepted industry standards to maintain appropriate technical and organisational security measures.
   3. We use reasonable safeguards to help prevent loss, misuse and unauthorised access, disclosure or modification of personal information provided to us. However, because no method of transmitting via, or storing electronic data on, the internet is ever completely secure, we cannot guarantee that such information will never be accessed, used, or released in a manner that is inconsistent with this Privacy Policy.
   4. We retain collected data for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law. We have specific obligations regarding the retention of client information pursuant to solicitors’ rules as well as applicable laws. Thereafter we delete all aforementioned data in its possession within a reasonable timeframe. Please note that some data may be further retained if necessary to resolve disputes, enforce or comply with technical and legal requirements and constraints related to the security, integrity and operation of our business.

9. Access/correction/updating personal information

   1. You can contact us to access, correct or update your personal information. Unless we are subject to confidentiality obligation or some other restriction on giving access to the information and we are permitted to refuse you access under the Privacy Act, we will endeavour to make your information available to you within 30 days. Examples of circumstances where we may refuse to give you access to your personal information include where:
      1. giving access would be unlawful;
      2. we reasonably believe that giving you access would pose a serious threat to the life, health or safety of any individual or to public health or public safety;
      3. giving access would have an unreasonable impact on the privacy of others;;
      4. the information could reveal the intentions of a party in negotiations;
      5. giving access could prejudice the taking of appropriate action in relation to unlawful activity;
      6. giving access could reveal evaluative information in a commercially sensitive decision making process.
   2. If you request to correct your personal information, we will correct, or, if we consider more appropriate, note your request for amendment of the information on your record.
   3. We will not charge you to make a request to access your record but we may charge you to actually provide access depending on the costs associated with obtaining and providing the material.
   4. These actions can usually be taken by contacting a customer relations representative using the contact information on the “Contact Us” section below.

10. Changes

    
    If we decide to change our Privacy Policy, we will post a copy on our website. We reserve the right to revise and amend any of the above legal notices from time to time and any revised version will be deemed to be applicable from the first date of publication on this website.

11. Complaints / Contact us

    
    If a breach of this Privacy Policy occurs, a complaint may be made to us by sending it to:

    By mail:	Landerer & Company PO Box A237 Sydney South NSW 1235 Australia
    Attention:	John Landerer
    Or by calling:	+ 61 2 9261 4242
    Or by email:	info@landerer.com.au

    
    We will endeavour to respond to any complaint within 30 days. If you are not satisfied with our response to your complaint you may seek a review by contacting the Office of the Australian Information Commissioner using the information available at https://www.oaic.gov.au/privacy/privacy-complaints.

12. Governing Law

    
    This Privacy Policy is governed by Australian law, including the Privacy Act 1988 (Australia) and the Australian Privacy Principles.