Privacy Policy
- POF Group Privacy policy
- We are bound by the Privacy Act 1988 (Cth) (Privacy Act) and the Australian Privacy Principles (APPs). This policy explains how and why we collect, use, hold and disclose your personal information.
- “We”, “us” and “our” means all entities in the Phillips Ormonde Fitzpatrick Group including Phillips Ormonde Fitzpatrick (ABN 91 823 913 064), Phillips Ormonde Fitzpatrick Lawyers (ABN 52 585 818 643), and IP Organisers Pty Ltd (ACN 105 176 814) of Level 16, 333 Collins Street, Melbourne, Vic 3000.
- You consent to us collecting, holding, using and disclosing your personal information in accordance with this policy.
- What is personal information?
- Personal information is any information or an opinion about an identified individual or an individual who can be reasonably identified from the information or opinion. Information or an opinion may be personal information regardless of whether it is true.
- What personal information do we collect and hold?
- We collect information about you and your interactions with us, for example:
- when you instruct us to provide you with any of our services;
- attend in person or online any of our marketing events, seminars or CPD sessions;
- use any of our websites including pof.com.au or iporganisers.com.au;
- use any of our online platforms including IPSYS;
- when you apply for employment or register your interest to be employed by us;
- where you have consented to third parties sharing your personal information with us;
- call us or otherwise visit our website.
- We may at times collect your personal information from other sources such as your employer and other entities or organisations that you are involved in. Where your personal information is not obtained directly from you, we obtain the personal information in accordance with the law.
- The personal information we collect from you or about you may include:
- your full legal name;
- your date and place of birth;
- your physical address, email address, phone number or other contact details;
- your identity and details of you, your employer or your organisations related to the services that we are providing;
- banking and credit card details;
- use of our website through the collection of cookies;
- use of our services and details of enquiries or complaints you make.
- We may collect information about how you access, use and interact with the website(s). We do this by using a range of tools such as Google Analytics for POF Group websites and Matomo Analytics for IPSYS. This information may include:
- the location from which you have come to the site, the pages you have visited and the time and date of such visits; and
- technical data, which may include IP address, the types of devices you are using to access the website, location data, device attributes, browser type, language and operating system;
- in the case of IPSYS, search terms, search types, reports downloaded and detailed user information.
- We use cookies on the website. A cookie is a small text file that the website may place on your device to store information. We may use persistent cookies (which remain on your computer even after you close your browser) to store information that may speed up your use of our website for any of your future visits to the website. We may also use session cookies (which no longer remain after you end your browsing session) to help manage the display and presentation of information on the website. You may refuse to use cookies by selecting the appropriate settings on your browser. However, please note that if you do this, you may not be able to use the full functionality of the website.
- We generally do not collect sensitive information. Sensitive information is information, or an opinion, about your heath or genetic information, religious beliefs, race or ethnic origin, political opinions, trade union membership, criminal records, sexual orientation or practices. Sensitive information would only be collected with your direct consent and only to the extent that it is relevant for us to provide services to you.
- If you provide us with personal information that you have collected about or from someone else, you warrant to us that you have the consent of the individual to provide the information to us, that they have been made aware of this policy and agree to us using and disclosing their personal information in accordance with this policy.
- We collect information about you and your interactions with us, for example:
- Why do we collect, hold and use your personal information?
- We collect, hold and use your personal information so that we can:
- provide advice to you in relation to intellectual property and legal matters;
- file, prosecute and maintain intellectual property applications for designs, trade marks, patents, plant breeders rights or domain names in Australia, New Zealand and overseas;
- conduct patent and trade mark oppositions and plant breeders rights objections in in Australia, New Zealand and overseas;
- provide professional intellectual property and legal services;
- conduct intellectual property watches and searches;
- send you regular newsletters, alerts and correspondence;
- send marketing or promotional material or invite you to events that we believe may be of interest to you, unless you advise us that you’d prefer to opt out of receiving these;
- manage and customise our relationship with you;
- contact you, for example, to respond to your queries or complaints, or if we need to tell you something important;
- comply with our legal obligations and assist government and law enforcement agencies or regulators;
- identify and tell you about other services that we think may be of interest to you;
- in the case of prospective employees, consultants and contractors:
- to conduct reference checks to confirm your right to work;
- to assess the suitability of your application for a role with us;
- to pay any contractor or consultant entitlements that you may be owed such as wages or fees.
- If you do not provide us with your personal information, we may not be able to provide you with our services, communicate with you or respond to your enquiries.
- We collect, hold and use your personal information so that we can:
- How do we collect your personal information?
- We will collect your personal information directly from you whenever you interact with us.
- We may collect information from third parties such as:
- from your employer or an organisation, you have an association with;
- from recruiters that we have a professional relationship with if you are applying for a role with us;
- marketing companies or service providers that we engage to provide marketing services on our behalf.
- How do we store and hold personal information?
- We store most information about you in computer systems and databases operated by either us or our external service providers. Some information about you is recorded in paper files that we store securely.
- We implement and maintain processes and security measures to protect personal information which we hold from misuse, interference or loss, and from unauthorised access, modification or disclosure.
- These processes and systems include:
- the use of identity and access management technologies to control access to systems on which information is processed and stored;
- requiring all employees to comply with internal information security policies and keep information secure;
- requiring all employees to complete training about information security; and
- monitoring and regularly reviewing our practise against our own policies and against industry best practice.
- We will also take reasonable steps to destroy or de-identify personal information once we no longer require it for the purposes for which it was collected or for any secondary purpose permitted under the APPs.
- Who do we disclose your personal information to, and why?
- We may transfer or disclose your personal information to our related companies.
- We may disclose personal information to external service providers so that they may perform services for us or on our behalf.
- We may be required to disclose your personal information to third parties that may include:
- the courts of Australia, New Zealand and other jurisdictions;
- government offices and departments such as IP Australia in Australia, IPONZ in New Zealand, IPOPNG in Papua New Guinea and the World Intellectual Property Organisation in Switzerland;
- your other professional advisors such as agents, insurers, auditors or accountants;
- organisations overseas that assist us to deliver services to you including our agents and associates in foreign countries. We will only disclose personal information when instructed by our clients to do so in order to provide services to them;
- debt collection companies;
- companies that are engaged by us to provide marketing and promotional services.
- You acknowledge and agree that in the course of providing services to you, personal information disclosed to one of the third parties specified in clause 7.3(a), (b), or (d) may be used and disclosed by those third parties to other persons or government agencies, for example IP Australia may disclose your personal information for the purposes of opposition proceedings, foreign associates may disclose your personal information to their local government intellectual property offices as part of providing the services to you or to our clients.
- Where we disclose your personal information to our agents and associates in foreign countries, we will make such disclosures as instructed by you or as may be required by law. You agree that those third parties located overseas who receive the personal information from us may use and disclose the personal information subject to their respective privacy policy and/or applicable laws.
- By providing your personal information to us, you consent to us disclosing your personal information to government agencies responsible for administration of intellectual property rights for the purposes of obtaining, prosecuting, renewing or maintaining statutory registrations for intellectual property for you. You further consent to those government agencies:
- disclosing your personal information to the World Intellectual Property Organisation or other intellectual property offices located anywhere in the world for the purposes of international intellectual property rights, agreements, treaties or conventions;
- publishing your personal details in relevant official journals, registers or online databases in relation to your intellectual property rights.
- We may also disclose your personal information to others where:
- we are required or authorised by law to do so;
- you may have expressly consented to the disclosure or the consent may be reasonably inferred from the circumstances; or
- we are otherwise permitted to disclose the information under the Privacy Act.
- If the ownership or control of all or part of our business changes, we may transfer your personal information to the new owner.
- Do we disclose personal information to overseas recipients?
- We may disclose your personal information to recipients which are located outside Australia for the purposes of providing services to you.
- Those recipients could be located in any country in the world depending on your intellectual property rights but are likely to be located in the United States of America, the United Kingdom or Europe.
- Do we use your personal information for marketing?
- We will use your personal information to offer you products and services we believe may interest you, but we will not do so if you tell us not to. These products and services may be offered by us, our related companies, our other business partners or our service providers.
- Where you receive electronic marketing communications from us, you may opt out of receiving further marketing communications by following the opt-out instructions provided in the communication.
- Access to and correction of your personal information
- You may access or request correction of the personal information that we hold about you by contacting us. Our contact details are set out below. There are some circumstances in which we are not required to give you access to your personal information.
- There is no charge for requesting access to your personal information, but we may require you to meet our reasonable costs in providing you with access (such as photocopying costs or costs for time spent on collating large amounts of material).
- We will respond to your requests to access or correct personal information in a reasonable time and will take all reasonable steps to ensure that the personal information we hold about you remains accurate and up to date.
- Your rights under the EU GDPR
- To the extent that we collect personal information from EU residents, we will hold that information in accordance with the European Union (EU) General Data Protection Regulation (GDPR).
- Under the European Union (EU) General Data Protection Regulation (GDPR), as a data subject you have the right to:
- access your data;
- have your data deleted or corrected where it is inaccurate;
- object to your data being processed and to restrict processing;
- withdraw consent to having your data processed;
- have your data provided in a standard format so that it can be transferred elsewhere; and
- not be subject to a decision based solely on automated processing.
(collectively ‘Data Subject Rights’)
- We have processes in place to deal with Data Subject Rights requests. Our actions and responsibilities will depend on whether we are the controller or processer of the personal data at issue. Depending on our role as either a controller or processor, the process for enabling Data Subject Rights may differ, and are always subject to applicable law. Please refer to the Contact Details section of this policy if you would like to make a Data Subject Rights request.
- Complaints
- If you have a complaint about the way in which we have handled any privacy issue, including your request for access or correction of your personal information, you should contact us. Our contact details are set out below.
- We will consider your complaint and determine whether it requires further investigation. We will notify you of the outcome of this investigation and any subsequent internal investigation.
- If you remain unsatisfied with the way in which we have handled a privacy issue, you may approach an independent advisor or contact the Office of the Australian Information Commissioner (OAIC) (www.oaic.gov.au) for guidance on alternative courses of action which may be available.
- Contact details
- If you have any questions, comments, requests or concerns, please contact us at:
Phillips Ormonde Fitzpatrick
Attn: Privacy Officer
Level 16 333 Collins Street
Melbourne, Vic, 3000
Ph: +61 3 9614 1944
Email: info@pof.com.au
- If you have any questions, comments, requests or concerns, please contact us at:
- Changes to this policy
- From time to time, we may change our policy on how we handle personal information or the types of personal information which we hold. Any changes to our policy will be published on our website.
- You may obtain a copy of our current policy from our website or by contacting us at the contact details above.