Privacy Policy

L.A. Property Law & Conveyancing is a division of Linda Ashley Law ABN 13 635 642 054. In this Privacy Policy, “LAL”, “we”, “us” and “our” refer to Linda Ashley Law.

This Privacy Policy explains how we collect, hold, use, disclose, secure and dispose of personal information obtained through our legal services, website, applications, social media accounts and other business activities.

We manage personal information in accordance with the Privacy Act 1988 (Cth), the Australian Privacy Principles (APPs), our professional obligations and other applicable laws. Information about the APPs is available from the Office of the Australian Information Commissioner (OAIC) at www.oaic.gov.au.

“Personal information” means information or an opinion about an identified individual or an individual who is reasonably identifiable, whether or not the information is true or recorded in a material form.

Personal information includes information that identifies a person directly or indirectly, such as their name, contact details, signature, date of birth, photograph, financial details, IP address or location data.

Depending on our relationship with you, we may collect:

(a) your name, residential or business address, email address and telephone number;
(b) your date of birth, age, marital status and anniversary details;
(c) employment, professional, business and company information;
(d) ABNs, ACNs and trust information;
(e) property ownership, transaction and settlement information;
(f) financial information, bank account details and payment information;
(g) preferences, opinions, survey responses and feedback;
(h) website and social media account details;
(i) identity documents and government-issued identifiers;
(j) information required to verify your identity and authority;
(k) communications and documents relevant to your matter; and
(l) any other personal information requested by us or provided by you or a third party.

“Sensitive information” includes information about a person’s racial or ethnic origin, political opinions or associations, religious or philosophical beliefs, professional or trade associations, trade union membership, sexual orientation or practices, criminal record, health, genetics and certain biometric information.

We will only collect sensitive information where it is reasonably necessary and:

(a) you consent to its collection;
(b) it is required or authorised by law; or
(c) another exception under the Privacy Act applies.

Sensitive information will generally only be used:

(a) for the purpose for which it was collected;
(b) for a directly related secondary purpose;
(c) with your consent; or
(d) as required or authorised by law.

We may collect personal information through:
(a) meetings, telephone calls, video conferences, emails and post;
(b) recorded or transcribed calls;
(c) online enquiries, quote requests, intake forms, booking forms and document uploads;
(d) our website, applications and social media platforms;
(e) surveys, searches, contracts and transaction documents;
(f) identity-verification (ARNECC Verification of Identity Standard) and Anti-Money Laundering compliance (AML/CTF) providers, platforms and onboarding forms, payment and settlement processes; and
(g) your other dealings with us.

Where reasonable and practicable, we will collect personal information directly from you.

We may collect personal information from:
(a) authorised representatives and family members;
(b) clients and other parties to a matter;
(c) lawyers, conveyancers, barristers, accountants and financial advisers;
(d) real estate agents, mortgage brokers and lenders;
(e) courts, tribunals, government bodies, statutory authorities and land registries;
(f) public records, websites and publications; and
(g) professional advisers and service providers.

Where required by the APPs, we will take reasonable steps to notify you that personal information has been collected from a third party. We are not responsible for the privacy practices of an independent third party.

If we receive personal information that we did not request, we will determine whether we could lawfully have collected it. If not, we will destroy or de-identify it as soon as reasonably practicable, unless it must be retained by law or as part of a legal or client file.

We may collect, hold and use personal information to:
(a) respond to enquiries and consultation or quote requests;
(b) conduct conflict checks and assess whether we can accept instructions;
(c) provide legal, conveyancing and related services;
(d) verify identity, authority, ownership and transaction details;
(e) communicate with you and others involved in a matter;
(f) manage contracts, searches, lodgements, deadlines and settlements;
(g) process payments and perform accounting, billing and administration;
(h) prevent fraud and protect our systems;
(i) manage complaints, claims, insurance and risks;
(j) comply with legal, regulatory and professional obligations;
(k) operate, analyse and improve our website and services; and
(l) provide legal updates and information about relevant services.

We will not use or disclose personal information for an unrelated purpose unless you consent or the use or disclosure is required or permitted by law.

You are not required to provide personal information merely by browsing our website. However, if you do not provide requested information, we may be unable to:
(a) respond to an enquiry;
(b) provide a quote;
(c) verify your identity or authority;
(d) accept instructions;
(e) comply with our obligations; or
(f) provide some or all requested services.

Providing information to us does not, by itself, create a solicitor-client relationship or mean that we have accepted instructions.

When you use our website, we or our service providers may collect:

(a) the date and time of your visit;
(b) your IP address and approximate location;
(c) device, browser and network information;
(d) pages accessed and documents downloaded;
(e) page views, session statistics and browsing behaviour;
(f) referral and acquisition sources;
(g) search queries; and
(h) error and performance information.

Our website may use cookies, pixels, web beacons and similar technologies for:

(a) record keeping;
(b) website functionality;
(c) website and information security;
(d) analytics; and
(e) website administration and improvement.

Cookies do not necessarily identify users personally. Browser settings may be used to block or delete cookies, but this may affect website functionality.

We are subject to professional duties of confidentiality and, where applicable, legal professional privilege. Personal information will be handled consistently with those duties.

Submitting information does not automatically make it privileged. Communications with a prospective client may be protected by legal professional privilege in some circumstances, but this cannot be guaranteed. Sensitive or confidential information should not be submitted unless requested through an approved communication method.

We may disclose personal information, on a confidential basis where appropriate, to:

(a) clients, authorised representatives and other parties to a matter;
(b) real estate agents, mortgage brokers, lenders and financial institutions;
(c) lawyers, conveyancers, barristers, accountants, experts and professional advisers;
(d) courts, tribunals, councils, land registries, government agencies, regulators and statutory authorities;
(e) electronic conveyancing, settlement, search and identity-verification (ARNECC Verification of Identity Standard) and Anti-Money Laundering compliance (AML/CTF) providers;
(f) information technology, telecommunications, cloud storage, web-hosting, server, cybersecurity and document-management providers;
(g) accounting, administrative, transcription and business-management providers;
(h) payment providers, insurers, auditors and debt collectors;
(i) marketing, advertising and analytics providers;
(j) artificial intelligence and generative artificial intelligence providers; and
(k) any other person where you consent or disclosure is required or authorised by law.

We may use a controlled and firm-managed artificial intelligence, generative artificial intelligence and automated tools in the provision of our services.

If a website user, prospective client, client or other person enters, uploads or otherwise provides any communication, document or information relating to LAL or a legal matter to an artificial intelligence or automated tool not approved and managed by LAL, that information may not be secure and doing so may waive, or otherwise adversely affect, legal professional privilege or confidentiality.

LAL does not consent to any communication, document, advice, work product or other material created by or provided by LAL being entered into, uploaded to, used to train, or otherwise processed by any artificial intelligence or automated tool that has not been approved and managed by LAL.

If credit card payments are accepted, complete card details will generally be processed and securely held by the selected payment provider rather than stored by us.

Where permitted by law, we may use personal information to send:
(a) legal updates;
(b) news;
(c) invitations; and
(d) information about services that may be relevant to you.

You may opt out at any time by:
(a) using the unsubscribe facility in a communication; or
(b) contacting us.

Opting out of marketing will not prevent communications concerning:
(a) an existing matter or service;
(b) a legal or regulatory obligation; or
(c) a data breach or security incident.

Personal information may be stored or processed outside Australia by:
(a) technology providers;
(b) cloud storage providers;
(c) administration and communications providers;
(d) artificial intelligence providers; and
(e) other external service providers.

Personal information may also be disclosed overseas where an international element is relevant to your matter.

The countries involved may vary according to the provider or matter. Further information about likely overseas locations may be requested from us.

Where required by the Privacy Act, we will take reasonable steps to ensure an overseas recipient handles personal information consistently with the APPs, unless:
(a) you provide informed consent;
(b) an exception under the Privacy Act applies; or
(c) the disclosure is otherwise required or authorised by law.

We take reasonable steps to protect personal information from misuse, interference, loss and unauthorised access, modification or disclosure. These measures may include:
(a) antivirus and cybersecurity software;
(b) password protection;
(c) multi-factor authentication;
(d) access controls;
(e) secure transfer and storage systems;
(f) data backups;
(g) personnel confidentiality obligations; and
(h) service-provider security requirements.

No internet transmission or storage system is completely secure, and absolute security cannot be guaranteed.

If an eligible data breach occurs, we will:
(a) assess and respond to it promptly;
(b) take reasonable steps to contain and remediate it; and
(c) notify affected individuals and the OAIC where required under the Notifiable Data Breaches scheme.

We take reasonable steps to ensure personal information is accurate, complete, current and relevant. You should notify us promptly if your information changes or appears incorrect.

You may request:
(a) access to personal information we hold about you; or
(b) correction of information that is inaccurate, out of date, incomplete, irrelevant or misleading.

Requests must be made in writing with sufficient details, and we may require proof of identity.

Access or correction may be refused where permitted by law. If a request is refused, we will provide written reasons and information about the available complaint process where required.

There is no fee for making or assessing a request. A reasonable administrative fee may be charged for:
(a) retrieving information;
(b) preparing copies;
(c) providing information securely; or
(d) responding to a complex request requiring third-party assistance.

We retain personal information for as long as reasonably necessary for:
(a) providing our services;
(b) our business and administrative functions;
(c) legal and professional obligations;
(d) taxation, accounting and auditing requirements;
(e) insurance requirements; and
(f) risk-management purposes.

Client files and related personal information are generally retained for at least seven years after a matter is completed or the engagement ends. Information may be retained longer where required by law or professional obligations.

When information is no longer required, we will take reasonable steps to:
(a) destroy it securely; or
(b) permanently de-identify it.

Privacy enquiries, access or correction requests and complaints may be directed to:

Privacy Officer
L.A. Property Law & Conveyancing
A division of Linda Ashley Law
ABN 13 635 642 054
Telephone: (03) 8617 2600
Email: hello@lapropertylaw.com.au

We will:

(a) investigate privacy complaints promptly and confidentially; and
(b) endeavour to provide a substantive response within 30 days.

If you are dissatisfied with our response, you may contact:

Office of the Australian Information Commissioner
GPO Box 5218
Sydney NSW 2001
Australia
Telephone: 1300 363 992
Website: www.oaic.gov.au

We may update this Privacy Policy to reflect changes to:

(a) our practices;
(b) technology; or
(c) applicable laws and professional obligations.

The current version will be published on our website and will apply from its stated effective date.

Linda Ashley Law is dedicated to delivering high-quality legal services and is committed to protecting your personal information. This Privacy Policy sets out our ongoing obligations regarding the management of your personal information.

We comply with the Australian Privacy Principles (APPs) as set out in the Privacy Act 1988 (Cth). These principles regulate the collection, use, disclosure, storage, security, and disposal of personal information. For further information, the Australian Privacy Principles are available on the website of the Office of the Australian Information Commissioner at https://www.oaic.gov.au/.

By providing your personal information to us, you acknowledge and consent to our collection, storage, use, and disclosure of your personal information in accordance with this Privacy Policy. While you are not required to provide personal information, failure to do so may impact your ability to access or use this website and the services or products offered through it.

We reserve the right to amend this Privacy Policy at any time by publishing the updated policy on our website. Continued use of our website or services following any changes constitutes your acceptance of those changes.

Personal information is defined as information or an opinion about an identified individual, or an individual who is reasonably identifiable, regardless of whether the information or opinion is true or recorded in a material form. This includes, but is not limited to, information that directly or indirectly identifies you.

In the course of providing our legal services or through your use of our website, we may collect a range of personal information, including:

We may also collect “sensitive information” as defined under the Privacy Act 1988 (Cth), which includes information or opinions about your sexual orientation, political affiliations, religious beliefs, criminal record or health information. Sensitive information will only be collected with your consent or as otherwise required or permitted by law. We will use your sensitive information only in the following circumstances:

We generally collect personal information through the following means:

Our website may use cookies, which are small data files transferred to your computer’s hard drive for record-keeping purposes. Most web browsers accept cookies by default; cookies do not personally identify users.

We may require your personal information for the following purposes:

We will not use or disclose your personal information for any purpose other than that for which it was collected, except with your consent, where such use or disclosure is permitted under the Privacy Act 1988 (Cth), required by law, or otherwise authorised by you.

We are subject to professional obligations of confidentiality and legal professional privilege. We will continue to treat and protect all personal information in accordance with these obligations.

We may use and disclose your personal information to inform you of legal updates, news, or services that may be relevant to you. If you do not wish to receive such communications, you may opt out at any time by notifying us or by using any opt-out mechanism provided in our communications.

Where it is reasonable and practicable, we will collect your personal information directly from you. However, in certain circumstances, we may receive personal information about you from third parties. In such instances, we will take reasonable steps to ensure that you are informed of the information provided to us by the third party. Your Personal Information may be disclosed in a number of circumstances to third parties where you consent to the use or disclosure and where required or authorised by law.

We store your personal information in a manner that takes reasonable steps to protect it from misuse, loss, unauthorised access, modification, or disclosure.

For client files, the majority of personal information is retained for a minimum period of seven (7) years after which it is destroyed permanently. If we are legally obliged to retain your personal information for a longer period, we will comply with those obligations. During any retention period, we will ensure that your personal information is limited to what is necessary and will implement appropriate measures to safeguard its privacy and security.

You are entitled to access your own personal information we hold and to request its correction or update, subject to certain exceptions permitted by law and provided your identity is verified. If you wish to access your personal information, please submit your request to us in writing along with full particulars of the specific information you require. We do not charge a fee for processing access requests; however, an administrative fee may be charged to cover the cost of providing copies of your personal information.

Where appropriate and practicable, we will inform you of the reasons for collecting your personal information and how it will be used at the time of collection. This Policy may change from time to time and is available on our website.

We are committed to ensuring that your personal information remains accurate, complete, and up to date at all times. We will take reasonable steps to verify and maintain the accuracy of the information we hold. If you become aware that any personal information we hold about you is incorrect or outdated, please notify us as soon as possible so that we can update our records and continue to provide high-quality services. We implement reasonable safeguards to protect your personal information from loss, misuse, unauthorised access, modification, or disclosure. Our security measures include the use of anti-virus software, password protection, multi-factor authentication, and the enforcement of confidentiality obligations on staff through employment agreements and internal policies. All information you provide to us, whether via our website, software applications, phone system, or through your engagement with us, is securely transferred to our systems. By contacting or engaging us, you consent to your personal information being managed in accordance with this Privacy Policy. While we take all reasonable steps to protect your information, please be aware that the internet is not a completely secure environment. We engage service providers who offer appropriate security measures; however, we cannot guarantee the absolute security of your personal information. Your information may be stored in locations outside our direct control, including outside Australia. If you are not comfortable with this, you should refrain from providing your personal information. Should a security breach affecting your personal information occur, we will notify you as soon as practicable.

We may disclose your personal information to external service providers, including IT service providers, for the purpose of enabling them to provide services to us. Where external service providers are engaged, we take reasonable steps to ensure their compliance with the Australian Privacy Principles (APPs). If you use a credit card for payment, we do not store your credit card details. Instead, your credit card information may be encrypted and securely stored by our chosen payment provider.

We may use email to send you general information and updates that may be of interest. You have the option to opt out of these communications at the time of engagement or at any time thereafter by following the instructions provided in our emails. Please note that opting out of marketing communications will not prevent you from receiving notifications regarding data breaches, where relevant.

We may disclose personal information to overseas recipients for the purpose of providing legal services, administrative, or business management functions. Prior to any overseas disclosure, we take reasonable steps to ensure that the recipient complies with the APPs or is subject to a comparable privacy regime, unless you have consented to the disclosure or it is otherwise required or permitted by law.

Generally, we will only disclose your personal information for the purpose of providing legal services, and such disclosure will be on a confidential basis or as otherwise required by law. This may include disclosure to:

Please review this Privacy Policy carefully. By providing personal information to us, you acknowledge and agree to the collection, holding, use, and disclosure of your personal information as described herein. You are not obliged to provide personal information; however, failure to do so may affect our ability to provide services to you.

Our website may contain links to external websites. We do not control, and are not responsible for, the privacy practices or content of those websites. Any personal information you provide while visiting such websites is not governed by this Privacy Policy.

We take privacy complaints seriously and will address them promptly and confidentially. If you have any queries or complaints regarding our Privacy Policy, please contact us. You will be informed of the outcome of your complaint within 30 days of our investigation. If you are dissatisfied with our response, you may refer your complaint to the Office of the Australian Information Commissioner.