Privacy Policy

• 1. Policy Brief and Purpose

  This privacy policy applies to Tracey Brunstrom & Hammond Pty Ltd (ABN 73 008 444 700) (“TBH AU”) and any entity owned or controlled by TBH (“Related Entity”) in relation to TBH and its Related Entities’ (together, “TBH”) operations in Australia.

• 2. Scope

  This privacy policy (Policy) explains how TBH collects, uses, discloses, stores, protects and handles personal information. If you have any further questions in relation to this policy, please contact our Chief People Officer and Managing Director.

  This Policy sits alongside TBH’s Terms of Use.

• 3. Policy

  TBH collects and holds personal information from clients, customers, employees, contractors, and other individuals. We collect and hold this information when it is necessary for business purposes.

  Personal information has the meaning set out in the Privacy Act 1988 (Cth) (“Privacy Act”). In general terms, personal information is information (whether fact or opinion) about an individual who is identified or reasonably identifiable from that information or other information combined with that information.

  Some types of personal information are classified as ‘sensitive information’ and/or ‘health information’, which are subject to additional protection under the Privacy Act. Sensitive information may include information about your racial origin and health status, and health information may include information about a health-related service you have had or will receive, including test results and appointment details.

• 3.1 Collection of personal information

  The types of personal information TBH collects depends on the purpose for which the personal information is collected. Typically, this information includes:

  1. in the case of clients procuring our professional services – names, addresses, telephone numbers, e-mail addresses and job titles;
  2. technical information and general analytics, such as web browser type and browsing preferences, Internet service provider, referring/exit pages, date/time stamps, IP address, time zone and geolocation data (if applicable), some of which is collected automatically, arising from your use of our website, as well as information about your usage of our website when browsing;
  3. in the case of clients using our applications – location data (including the precise or approximate location information from your mobile phone device when it is running in the foreground or background), usage data on how you interact with the application and device data on how you interact with the application (including hardware models, device IP address or other unique device identifiers, operating systems and versions, software, advertising identifiers, device motion data and mobile network data);
  4. if you have requested to receive news about promotions or events from us – names, addresses, telephone numbers, e-mail addresses and job titles;
  5. if you have contacted us to make a complaint, provide feedback, submit an enquiry or request a call back – names, addresses, telephone numbers, e-mail addresses and job titles; and
  6. in the case of prospective employees or contractors – information contained in your application or résumé, recorded during any interview, or obtained through any pre-employment checks, and government-issued identifiers such as tax file numbers.

  We collect your personal information directly from you, including when we deal with you in face to face meetings, via email messages, via telephone conversations, when you access or use our website, when you subscribe to our newsletters, when you sign up to receive news, when you make inquiries about us or our services, or otherwise communicate with us by email or phone or in person, and when you apply to work with us or are engaged as a contractor.

  Where it is reasonable and practicable to do so, we will only collect personal information about you from you directly and not from third parties. In limited circumstances, we may collect personal information about you from third parties (such as mutual contacts) and your referees during the recruitment process if you apply for a job with us. We may also collect personal information through third parties such as our service providers or through promotional and marketing activities.

  You do not have to identify yourself or provide any personal information if you contact us. You can also notify us that you wish to deal with us using a pseudonym. Because of the nature of our business, it is generally impracticable for us to deal with individuals on an anonymous basis or through the use of a pseudonym, although sometimes this is possible (for example, when seeking staff or client feedback generally). If we cannot collect personal information about you or if you use a pseudonym, we may not be able to provide you with the information or assistance you require.

• 3.2 Use of personal information

  We use your personal information for purposes for which we collected it, including managing our business and providing services to you, including:

  1. to enable the proper operation and functionality of our services;
  2. to verify your identity, such as if you request access to the personal information we hold about you;
  3. to communicate with you, and to address any issues or complaints that we or you may have regarding our relationship and our services;
  4. to keep you informed of the services we offer and industry developments that may be of interest to you, and to notify you of service offerings, seminars and other events we are holding;
  5. to prevent, detect and investigate suspicious, fraudulent, criminal or other activity that may cause you, us or others harm, including in relation to our services;
  6. for general management and reporting purposes, such as invoicing and account management;
  7. for recruitment purposes;
  8. for direct marketing purposes; and
  9. to contact you regarding any of the above, including via electronic messaging, mail or phone or other lawful manner.

  We may also use or disclose your personal information for our administrative, marketing, planning, service development, and other purposes to which you have consented, or as otherwise permitted by law.

  Technical information and general analytics is used for the purpose of gauging visitor traffic, trends and delivering personalised content to you while you are using our website, and to improve our website and our services.

• 3.3 Disclosure of personal information

  TBH may disclose your personal information to third parties in connection with the purposes described above. This may include disclosing your personal information to the following types of third parties:

  1. our Related Entities;
  2. any potential third party acquirer of our business or assets, and advisors to that third party;
  3. our professional advisers (such as lawyers, accountants or auditors) and insurers;
  4. our employees, contractors and third party service providers who assist us in performing our functions and activities (e.g. financial institutions, cloud service providers, data storage providers, telecommunications providers and IT support services providers);
  5. organisations authorised by us to conduct promotional, research or marketing activities;
  6. third parties to whom you have authorised us to disclose your information (e.g., referees or account nominees); and
  7. any other person as required or permitted by law.

  We may also share de-identified and aggregated information with third party service providers to provide us with web analytics services. Except as set out in this policy, we do not sell to or trade personal information with third parties.

  If we disclose your personal information to third parties we will use reasonable commercial efforts to ensure that such third parties only use your personal information as reasonably required for the purpose of disclosure and in a manner consistent with applicable laws, for example (where commercially practical) by including suitable privacy and confidentiality clauses in our agreement with a third party service provider to which we disclose your personal.

• 3.4 Transfer of information outside Australia

  As part of a global network of TBH firms, TBH may transfer or store personal information overseas. Except where an exception applies under the Privacy Act or other relevant legislation, we will take commercially reasonable steps to ensure that overseas recipients to whom we disclose personal information do not breach the Privacy Act and the Australian Privacy Principles in relation to such personal information.

• 3.5 Privacy on our website and applications

  TBH uses the following technologies to collect technical information and general analytics.

  Cookies, which are small data files that are placed on your device and often include an anonymous, unique identifier, which allows a website to recognise a previous user and to observe how a user navigates within a website. Cookies are used as a standard by many websites. TBH uses cookies to improve the navigational experience of visitors to our websites and to make them easier to use.

  If you are concerned about cookies, you may disable your web browser from accepting cookies and other tracking technologies used to collect technical information and general analytics when browsing our website. If you do so, you can still access our website, but it may impact your user experience.

  In order to properly manage our websites and applications, we may use log files, which provide certain statistics about the users of the facilities, web beacons, tags, and pixels. None of this information specifically identifies an individual and it is used solely to ensure that our websites and applications present the best possible navigational experience for users.

  Whenever a registered member logs in to our websites or applications, they will be identified by their user name and password.

  While TBH maintains robust privacy practices, we are not responsible for the privacy practices of third parties, including if we provide links to third party websites. You should review each website’s privacy policy, especially if you intend to disclose any personal information via that site. A link to another non-TBH website is not an express or implied endorsement, promotion or warranty of the products or services offered by or accessible through that site or advertised on that site.

• 3.6 Storage and Security of Personal Information

  We store your personal information in [paper-based files and/or other electronic record keeping methods in secure databases. Personal information may be collected in paper-based documents and converted to electronic form for use or storage (with the original paper-based documents either archived or securely destroyed)]. We do [not] combine or link personal information we hold about you with other personal information about you from third party sources.

  TBH will endeavour to take all reasonable steps to keep secure your personal information from misuse, loss, theft and unauthorised access, modification or disclosure. We maintain [physical security over paper and electronic data stores, such as through locks and security systems at our premises. We also maintain computer and network security, for example, we use firewalls (security measures for the internet) and other security systems such as user identifiers and passwords to control access to our computer systems].

  However, particularly for electronic data stores and due to the fact that the Internet is inherently insecure, we cannot guarantee the security of transmission of personal information disclosed to us online. Accordingly, you transmit your personal information to us online at your own risk and are encouraged to exercise care in sending personal information via the internet. Please notify us immediately if you know or reasonably suspect that your personal information has been subject to any data breach, breach of security or other unauthorised activity.

  TBH generally retains your personal information for the period necessary for the purposes for which it was collected, unless a longer retention period is required by law or if it is reasonably necessary for us to comply with our legal obligations, resolve a dispute or maintain security. When personal information is no longer required, we will take reasonable steps to delete the personal information from our systems or de-identify the personal information.

• 3.7 Access to information

  We will provide you with access to any personal information we hold about you upon your request, except in the limited circumstances in which it is permitted for us to withhold this information (for instance, where granting access would infringe another person’s privacy).

  When you make a request to access personal information, we will require you verify your identity. In some cases we may also request an administrative fee to cover the cost of access.

  If at any time you want to know what personal information we hold about you, you may contact our Managing Director, Tracey Brunstrom & Hammond Pty Ltd, Level 17, 101 Miller Street, North Sydney NSW 2060.

• 3.8 Corrections and concerns

  If you believe that information we hold about you is incorrect, incomplete, inaccurate or out of date, or if you have concerns about how we are handling your personal information, please contact the Managing Director, Tracey Brunstrom & Hammond Pty Ltd, Level 17, 101 Miller Street, North Sydney NSW 2060, and we will try to resolve those concerns. Where we agree that the information needs to be corrected, we will update it. If we do not agree, you can request that we make a record of your correction request with the relevant information.

  We are committed to resolving any complaints reasonably and to ensuring that we are doing the right thing by our customers. We will make all reasonable inquiries and your complaint will be assessed with the aim of resolving any issue in a timely and efficient manner.

  If you wish to have your personal information deleted, please let us know and we will take reasonable steps to delete it (unless we need to keep it for legal, auditing or internal risk management reasons).

  If you have raised a complaint with us and you are unsatisfied with the outcome or have further concerns about the way we handle your personal information, under the Privacy Act, you may complain to the Information Commissioner at the Office of the Australian Information Commissioner, whose contact details are set out below:

  Office of the Australian Information Commissioner
  Address: GPO Box 5218, Sydney NSW 2001
  Phone: 1300 363 992
  Online: www.oaic.gov.au
  Email: [email protected]

• 4 Effect of Policy

  TBH operates in a dynamic business environment and we aim to review this policy annually to keep it current.

  TBH may update this privacy policy at any time by publishing an updated version on this website. You are responsible for reviewing this Policy periodically and informing yourself of any changes. We suggest that you check back regularly. The amended Policy will apply between us whether or not we have given you specific notice of any change.