FORTITUDE LEGAL PRIVACY POLICY

 

About Fortitude Legal

Fortitude Legal is an Australian law firm operating as an incorporated legal practice.  References to “we”, “us” or “our” are references to Fortitude Legal.

We are committed to protecting the privacy of individuals.

This Privacy Policy explains how we may collect and use and handle information that we obtain from you and about you, and your rights in relation to that information. Your use of our online services or your provision of information to us constitutes your acknowledgment of the terms of this Privacy Policy. Please do not send us any of your information if you do not want it to be used in the ways described in this Privacy Policy.

Your use of this website is subject to our Fortitude Legal Terms of Use.

 

Collection

We collect information from you in many ways during our dealings with you, including but not limited to:

(a) If you engage us as your lawyers, we may collect upon your instruction information from the following sources:

  • Directly from you when you provide personal information to us;
  • From medical practitioners and allied health providers;
  • From Government agencies, including but not limited to the Australian Taxation Office, Centrelink, Child Support Agency, Health Insurance Commission/Medicare, WorkSafe, Transport Accident Commission, National Disability Insurance Agency, Victoria Police;
  • Insurance companies and other organisations;
  • Banks, Financial Institutions, Accountants and Financial Advisors;
  • When you use our website or other social media platforms.

(b) If you apply for a position of or obtain employment with us we may collect information:

  • Directly from you when you provide personal information to us;
  • From previous employers or colleagues for the purpose of reference checking.

(c)  If you make contact with us before you have engaged us to act via communications including but not limited to telephone, email, social media, or bots:

  • Directly from you when you provide that personal information to us

Types of Information

Because of the nature of the legal advice we provide, the types of information we collect may include but not be limited to:

(a) If you engage us as your lawyers, we may collect upon your instruction information of the following nature:

  • Your name, any previous names, date and place of birth;
  • Your contact details;
  • Passport or other identification details.
  • Occupation, education and employment history;
  • Information pertaining to family members;
  • Detailed medical information including clinical notes and reports;
  • Details of Centrelink, Child Support Agency, Medicare, insurance policies and/or other memberships;
  • Detailed medical information including clinical notes and reports;
  • Income, taxation and bankruptcy details, benefits received from government agencies, claims lodged with agencies, criminal history;
  • Details of other legal actions claims or settlement;
  • Banking details and loan applications.

(b) If you apply for a position of or obtain employment with us we may collect information of the following nature:

  • Your name, any previous names, date and place of birth;
  • Your contact details;
  • Identification details;
  • Occupation, education and employment history;
  • Your engagement, training, disciplining or resignation;
  • Termination of your employment;
  • Terms and conditions of your employment;
  • Your personal and emergency contact details;
  • Your performance or conduct;
  • Your hours of employment;
  • Your salary or wages;
  • Your membership of a professional or trade association;
  • Your trade union membership;
  • Your recreation, long service, sick, personal, maternity, paternity or other leave; and
  • Your taxation, banking or superannuation affairs;
  • Your previous claims history.

(c)  If you make contact with us before you have engaged us to act via communications including but not limited to telephone, email, social media, or bots:

  • Your name, any previous names, date and place of birth;
  • Your contact details;
  • Information pertaining to family members;
  • Details of other legal actions claims or settlement.

Purpose of Collection

We will collect information where it is reasonably necessary for the purpose of representing you or employing you.  The purpose for which we collect this information may include but not be limited to:

(a) If you engage us as your lawyers, the purpose for which we may collect this information could include:

  • Confirming your identity;
  • Contacting you;
  • Providing you with legal advice or information;
  • Acting for you in your claim or in litigation;
  • Developing or improving our services.

(b) If you apply for a position of or obtain employment with us, the purpose for which we may collect this information could include:

  • Confirming your identity;
  • Assessing your application;
  • Carrying our reference checks;
  • Compliance with employment obligations.

(c)  If you make contact with us before you have engaged us to act via communications including but not limited to telephone, email, social media, or bots:

  • Confirming your identity;
  • Contacting you;
  • Providing you with legal advice or information;
  • Acting for you in your claim or in litigation;
  • Developing or improving our services.

Use and Disclosure

We may use or disclose this information for the purpose for which it was collected.  The use and disclosure can include but not be limited to use and disclosure for:

(a) If you engage us as your lawyers, the purpose for which we may disclose this information could include:

  • Providing legal advice;
  • Pursuing your claim and/or conducting litigation;
  • Obtaining disbursement funding;
  • Obtaining opinions from 3rd parties including barristers, medical practitioners, allied health practitioners, occupational therapists, accountants, engineers, cost consultants or our other advisors or consultants;
  • Third party service providers we use in conducting our business, subject to confidentiality provisions as we deem appropriate (including without limitation, insurers, external photocopying or document production providers, legal outsourcing providers, billing or data storage services, providers of case management systems, email filtering, virus scanning and other technological service providers and archival service providers.
  • Complying with any obligation at law or by Court or Tribunal order.

(b) If you apply for a position of or obtain employment with us, the purpose for which we may collect this information could include:

  • Assessing your application;
  • Carrying out reference checks;
  • Compliance with employment or other legal obligations.

(c)  If you make contact with us before you have engaged us to act via communications including but not limited to telephone, email, social media, or bots:

  • Providing initial legal advice;
  • Third party service providers we use in conducting our business, subject to confidentiality provisions as we deem appropriate (including without limitation, insurers, external photocopying or document production providers, legal outsourcing providers, billing or data storage services, providers of case management systems, email filtering, virus scanning, automated legal bots, in particular Josef Legal and other technological service providers and archival service providers.
  • Complying with any obligation at law or by Court or Tribunal order.

Storage

We take reasonable steps to hold information securely in electronic or physical form and to prevent unauthorised access, modification or disclosure. We store information in access-controlled premises or in electronic databases requiring logins and passwords. All partners, staff and third-party providers with access to confidential information are subject to confidentiality obligations.

The transmission of information via the internet is not completely secure. We cannot guarantee the security of your data transmitted to our online services; any transmission is at your own risk.

 

Your Information

You have the right to request access to or correction of personal information held by us.  If you require access, please contact our Privacy Officer, Katalin Blond, at admin@fortitudelegal.com.au or on 1300 020 618.

 

Complaints

If you have any questions or concerns about our Privacy Policy with respect to collection, use or disclosure, or if you believe we have not complied with our Policy, please contact our Privacy Officer, Katalin Blond, at admin@fortitudelegal.com.au or on 1300 020 618.

We will investigate your complaint to determine whether any breach has occurred and what action, if any, is to be taken.

We will aim to resolve your complaint within 30 days and request your cooperation during this time to enable a thorough investigation.

If you remain dissatisfied, you can also make a formal complaint with the Office of the Australian Information Commission which can be contacted on 1300 363 992 or at www.oaic.gov.au

23 November 2023