Privacy Policy

The information we collect depends upon the nature of our dealings with you. We aim to collect your personal information directly from you during the course of our business relationship. However, where it is not reasonable or practicable to collect information directly from you, we obtain it from other sources.

Personal information we may collect, hold, use and disclose includes, but is not limited to:

• information about contacting you including your name, addresses, telephone numbers, email address;
• details of the services you have purchased, considered or enquired about, and any additional information necessary to deliver those services and respond to your queries;
• any personal information in instructions or comments provided by you;
• occupation information including your organisation and your role;
• business or company information, including your relationships with third parties and shareholdings;
• information provided by or on behalf of you or businesses looking to form a relationship with us;
• information regarding dealings of people with us or our clients;
• for employees, including prospective employees, police checks or working with children checks, and photos and videos of you;
• payment information and financial information including bank account details;
• government related identifiers such as Australian Business Numbers, Australian Company Numbers and Tax File Numbers;
• information required to verify your identity including your date of birth, driver’s licence and passport information; and
• any other personal information you provide to us from time to time, or required by us to provide our services.

We generally do not collect sensitive information. Notwithstanding this, if in the ordinary course of our business activities we collect sensitive information, we will only use or disclose such information:

• for the purpose for which it was provided or another directly related purpose; or
• as allowed by law.

We only collect, hold, use or disclose personal information about you if it is reasonably necessary for us to do so to perform our business functions.

We collect personal information for the purposes of:

• providing you with legal services and advice and any related or incidental matters;
• managing our relationship with you;
• carrying on our business functions, including volunteering and system training purposes;
• maintaining ongoing contact with you by providing you with our communications;
• managing, developing and improving our services, websites and applications;
• inviting you to events and activities from time to time; and
• complying with our legal and regulatory obligations and assisting government, law enforcement agencies or regulators. This includes compliance with Australia’s Anti-Money Laundering and Counter-Terrorism Financing (AML/CTF) regime.

We will only use your personal information for the purposes described in this Privacy Policy or with your express permission.

We collect personal information from you in various circumstances including:

• when meeting with you, either face to face or online;
• when you communicate with us by e-mail, telephone or in writing;
• when you obtain a service from us, including seeking or receiving advice;
• as required by law, including as required to verify your identity. This includes to enable compliance with Australia’s Anti-Money Laundering and Counter-Terrorism Financing (AML/CTF) regime;
• in correspondence with you or third parties (such as government agencies or courts);
• when you use our website;
• when you request to receive information from us;
• when you provide or offer to provide a product or service to us;
• in respect of employment with us;
• when you enter into a contract with us;
• when you attend our presentations, conferences or events; and
• when third parties, including our suppliers and providers of services, share it with us.

We hold personal information within electronic records within our technology systems, either managed by our firm or through trusted external service providers. Kain Lawyers takes reasonable steps to ensure that those external service providers comply with the APPs when they handle personal information about you and are authorised only to use personal information that we provide to them for the purposes specified in our agreement with them. All information is stored securely within Australia.

We will take reasonable steps to protect the security of personal information. This includes taking reasonable steps to protect personal information from misuse, interference or loss, and from unauthorised access, modification or disclosure. These processes and systems include:

• maintaining secure, controlled access to our technology infrastructure and systems using modern security practices;
• security measures are implemented to assess and handle potential external and internal threats;
• all staff members are bound by confidentiality duties; and
• some personal information is on a restricted access basis within our systems and is limited to specific staff members.

We may be required to disclose client and employee personal information and data to third parties. These third parties may include but are not limited to:

• other parties involved in a matter;
• other law firms;
• other entities (such as barristers, experts, conveyancers and/or valuers) as part of providing our services to you;
• professional advisers and insurers;
• government departments such as the Australian Securities and Investments Commission, the Australian Competition and Consumer Commission or any relevant land title office;
• regulators including AUSTRAC, courts, tribunals, government agencies and law enforcement agencies or as otherwise required by law.

We may disclose your personal information to entities or individuals in a foreign country who assist us in providing services or who perform functions on our behalf (such as third party service providers, specialist consultants and barristers) or to anyone else to whom you authorise us to disclose it.

Cookies

When you visit our website, a small file called a “cookie” may be saved on your device.

We use cookies to provide you with an improved experience when you access our website. You can restrict, block or delete cookies by adjusting your browser settings.

Click Stream Data

Our website’s host may collect and record non-personal information when you visit and browse our website. We will not attempt to identity any click stream that may make you identifiable unless we are required to do so by law.

Our website host may automatically collect the following click stream data:

• your IP address;
• your browser type;
• the date, time and duration of your visit to the website;
• your top-level domain name (e.g. .com); and
• every click, page navigation, and interaction within our website;
• the pages you view and the links you click within our website;
• the website or source you came from (the referrer);
• your approximate geographic location, derived from your IP address;
• your device type, operating system and browser type;
• the date, time and duration of your visit; and
• your interactions with our website, such as scrolling, file downloads, site searches, form interactions and clicks on outbound links.

The extent to which we collect this data is defined by your browser settings.

Generative artificial intelligence (GenAI) tools may be used to support the efficient delivery of legal services. Any use of GenAI is subject to strict protocols to protect client confidentiality and privilege and to ensure compliance with our duties as solicitors.  Confidential or sensitive client information is only processed using private, enterprise-grade systems with appropriate security safeguards that meet our client requirements and obligations.

If you would like to access or correct your personal information, or if you have any enquiries, concerns or complaints about this Privacy Policy, our conduct, the handing of your personal information or our compliance with the Privacy Act, the APPs or any related Act or any related codes, please contact us in any of the following ways:

• Email:  info@kainlawyers.com.au
• Write to: Chief Risk Officer, Kain Lawyers, Level 27, Chifley Tower, 2 Chifley Square Sydney NSW 2000

You can obtain more information about the Privacy Act and the APPs from the Australian Information Commissioner. You can contact the Australian Information Commissioner at https://www.oaic.gov.au/