Privacy

11 14, 2012 Privacy Principles Maurice J Kerrigan & Associates Pty Ltd

In our dealings and communications with you, we will safeguard your privacy by adhering to the following principles:

Principle 1 – Collection
Maurice J Kerrigan & Associates will only collect personal information that is necessary for our business activities.

Maurice J Kerrigan & Associates will only collect personal information by lawful and fair means and not in an unreasonably intrusive way.

At or before the time Maurice J Kerrigan & Associates collects personal information from you (or, if that is not practicable, as soon as practicable thereafter), Maurice J Kerrigan & Associates will take reasonable steps to ensure that you are aware of:

  • Maurice J Kerrigan & Associates identity and how to contact it
  • The fact that you are able to gain access to the information
  • The purposes for which the information is collected
  • The conditions under which Maurice J Kerrigan & Associates will disclose information to other parties
  • Any law that requires the particular information to be collected
  • The main consequences (if any) for you if all or part of the information is not provided where it is reasonable and practicable to do so, Maurice J Kerrigan & Associates will collect personal information directly from you.

Principle 2 – Use
Maurice J Kerrigan & Associates will only use personal information for the following purposes:

  • The uses that you have agreed to
  • Where Maurice J Kerrigan & Associates reasonably believes that the use is necessary to lessen or prevent a serious and imminent threat to an individual’s life or health
  • To enhance internet interaction
  • Where the use is required or specifically authorised by law

Principle 3 – Disclosure
Maurice J Kerrigan & Associates will only disclose personal information if:

  • You have consented to the disclosure
  • Maurice J Kerrigan & Associates reasonably believes that the disclosure is necessary to prevent or lessen a serious and imminent threat to an individual’s life or health
  • The disclosure is required or specifically authorised by law

Principle 4 – Data Quality
Maurice J Kerrigan & Associates will take reasonable steps to make sure that the personal information it collects, uses or discloses is accurate, complete and up to date.

Principle 5 – Data Security
Maurice J Kerrigan & Associates will take reasonable steps to protect the personal information it holds from misuse and loss and from unauthorised access, modification or disclosure.

Maurice J Kerrigan & Associates will take reasonable steps to destroy or permanently “de-identify” personal information if it is no longer needed for any purpose as allowed by law.

Principle 6 – Openness
Maurice J. Kerrigan & Associates will have clearly expressed policies on its management of personal information and these will continue to be readily available.

Maurice J. Kerrigan & Associates will take reasonable steps to let you know broadly, what sort of personal information it holds, for what purposes, and how it collects, uses, and discloses that information.

Principle 7 – Access and Correction
Where Maurice J. Kerrigan & Associates holds personal information about you, it will provide you with access to the information on request, in a form or manner suitable to your reasonable needs, except to the extent that:

  • Providing access would pose a serious and imminent threat to the life or health of any individual; or
  • Providing access would have an unreasonable impact upon the privacy of other individuals; or
  • The request for access is frivolous or vexatious; or
  • The information relates to existing legal dispute resolution proceedings between Maurice J. Kerrigan & Associates and you, and the information would not be accessible by the process of discovery in those proceedings; or
  • Providing access would reveal the intentions of Maurice J. Kerrigan & Associates in relation to negotiations with the individual in such a way as to prejudice those negotiations; or
  • Providing access would be unlawful; or
  • Denying access is specifically authorised by law; or
  • Providing access would be likely to prejudice an investigation of possible unlawful activity; or
  • Providing access would be likely to prejudice:
    • the prevention,
    • detection,
    • investigation,
    • prosecution or
    • punishment of: criminal offences; or
  • Breaches of a law imposing a penalty or sanction;
  • The enforcement of laws relating to the confiscation of the proceeds of crime;
  • The protection of the public revenue;
  • The prevention, detection, investigation or remedying of Seriously Improper Conduct; or
  • Preparation for, or conduct of, proceedings before any court or tribunal, or implementation of its orders; by or on behalf of an enforcement agency; or
  • an enforcement agency performing a lawful national security function asks Maurice J. Kerrigan & Associates not to provide access on the basis that providing access would be likely to cause damage to the national security of Australia.

Where providing access would reveal evaluative information generated within Maurice J. Kerrigan & Associates in connection with a commercially sensitive decision-making process, Maurice J. Kerrigan & Associates may give the individual an explanation for the decision rather than direct access to the information.

If Maurice J. Kerrigan & Associates has given you such an explanation and you believe that direct access to the evaluative information is necessary to provide a reasonable explanation of the reasons for the decision, Maurice J. Kerrigan & Associates will, at your request, undertake a review of the decision. The review will be undertaken by an independent, other than the original, decision maker.

Wherever direct access by you is impractical or inappropriate, Maurice J. Kerrigan & Associates and you should consider whether the use of mutually agreed intermediaries would allow sufficient access to meet the needs of both parties.

If Maurice J. Kerrigan & Associates levies charges for providing access to personal information, those charges:

  • Will not be excessive; and
  • Will not apply to lodging a request for access.

If Maurice J. Kerrigan & Associates holds personal information about you and you are able to establish that the information is not accurate, complete and up to date, Maurice J. Kerrigan & Associates will take reasonable steps to correct the information so that it is accurate, complete and up to date.

If you and Maurice J. Kerrigan & Associates disagree about whether the information is accurate, complete and up to date and you ask Maurice J. Kerrigan & Associates to associate with the information a statement claiming that the information is not accurate, complete or up to date, Maurice J. Kerrigan & Associates will take reasonable steps to do so. Maurice J. Kerrigan & Associates will provide reasons for denial of access or correction.

Principle 8 – Identifiers
Maurice J. Kerrigan & Associates will not adopt as its own identifier, an identifier that has been assigned by a government agency (or by an agent of, or contractor to, a government agency acting in its capacity as agent or contractor).

Maurice J. Kerrigan & Associates will not use or disclose an identifier assigned to an individual by a government agency (or by an agent of, or contractor to, a government agency acting in its capacity as agent or contractor) except where paragraphs (d) to (g) of Principle 2 or paragraphs (c) to (f) of Principle 3 apply.

Principle 9 – Anonymity
Whenever it is lawful and practicable, you will have the option of not identifying yourself when dealing with Maurice J. Kerrigan & Associates.

Principle 10 – Transborder data flows
Maurice J. Kerrigan & Associates will not transfer personal data outside Australia unless:

  • Maurice J. Kerrigan & Associates reasonably believes that the recipient of the information is subject to a statute, binding scheme or contract which effectively upholds principles for fair information handling that are substantially similar to these rules; or
  • You consent to the transfer; or
  • The transfer is necessary for the performance of a contract between the you and Maurice J. Kerrigan & Associates, or for the implementation of pre-contractual measures taken in respect of your request; or
  • The transfer is necessary for the conclusion or performance of a contract concluded in your interest between Maurice J. Kerrigan & Associates and a third party; or
  • The transfer is for your benefit; and It is not practicable to obtain your consent to that transfer; and
  • If it were practicable to obtain such consent, the subject of the information would give it; or
  • Maurice J. Kerrigan & Associates has taken reasonable steps to ensure that the information, which it has transferred, will not be collected, held, used or disclosed by the recipient of the information inconsistently with these rules.

Principle 11 – Sensitive Information
Maurice J. Kerrigan & Associates will not collect personal information revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, or details of health, disability or sexual activity or orientation unless:

  • You have consented; or
  • The collection is required or specifically authorised by law; or
  • The collection is necessary to prevent or lessen a serious and imminent threat to the life or health of any individual, where the subject of the information is physically or legally incapable of giving consent.