Privacy Policy

This is the Privacy Policy of our company Tyndall & Co. Limited – Company No. 09110737 (England & Wales) which owns and operates this web page in conjunction with Tyndall & Co. Pty Ltd (ACN 678 200 256) (Australia). Tyndall & Co. ® is a registered Trade Mark licensed to the company for use.

Tyndall & Co. Limited (UK) and Tyndall & Co. Pty Ltd (Australia) operate under the Tyndall & Co. brand and may jointly collect, use, disclose and manage personal information in connection with the operation of this website and the provision of services. For the purposes of the UK GDPR and EU GDPR, the entities may act as Joint Controllers. For the purposes of the Australian Privacy Act 1988 (Cth), each entity complies with the Australian Privacy Principles in relation to personal information it handles.

We are a multidisciplinary company: an Australian Solicitor, world-wide Australian immigration lawyer and a management consultant.

We are committed to protecting the privacy of our contacts, customers, suppliers and employees and complying with the EEA/EU with the General Data Protection Regulation (GDPR); the UK’s Data Protection Act 2018 (DPAUK); and the Australian Privacy Principles set out in the Privacy Act 1988 (Cth) (APP).

We acknowledge and adhere to the principles established in the Universal Declaration of Human Rights (UDHR) that “Privacy” is a fundamental human right. Article 12 states: ‘No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks. We take your privacy as a human right very seriously.

In this policy we describe how we manage your personal information.

1. Kinds of Personal Information We Collect

The kinds of personal information that we collect include:

1. Contact details such as name, role or position, address, email address, mobile number, landline number and fax number.
2. Information relating to your circumstances and affairs relevant to the matters in which we are instructed.
3. Information about your legal interests and requirements and the legal, migration or business consulting services that you may wish to purchase.
4. Information regarding our communications with you and your attendance at seminars and promotional events held by us.
5. If you are an employee or prospective employee, information about your qualifications, skills and work experience.
6. If you are a supplier or prospective supplier, information about your business skills, services, products and prices.
7. Our website collects statistical information for third parties which may include Google Analytics, Twitter, Facebook, LinkedIn and other social media regarding views, access and use by our customers but not regarding identified or identifiable individuals. This website may use cookies and similar technologies to analyse website traffic and improve user experience. Users can control cookie settings through their browser. However, you can handle them and not accept them at your option through your own browser settings. Where required by law, we will seek your consent before placing non-essential cookies on your device.
8. SMS Disclosure: By providing a telephone number and submitting the Enquire Now form on our website you are consenting to be contacted by SMS text message. Message & data rates may apply. You can reply STOP to opt-out of further messaging. No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All other categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

2. How We Collect Personal Information

2.1 We collect personal information by various means including when:

1. You contact us with a question or inquiry.
2. You subscribe to our newsletter or legal, migration or management updates service.
3. You attend a seminar or event where we are hosting or presenting.
4. You instruct us to act for you and we open a file and conduct a conflict check.
5. Our clients provide information relating to related and adverse parties relevant to the advice or services we are providing, or those related parties provide that information and share it with us.
6. We undertake a search or investigation.
7. You visit our website and visit social media links.

2.2

Where practicable we collect personal information about you directly from you. However, we may have collected information about you from a third party such as a client, another party to the retainer, a third-party information provider, the courts or a person responding to our questions or inquiries.

2.3

We are required to collect the full name and address of our clients by the Solicitors Rules made under the Legal Profession Uniform Law. Accurate name and address information must also be collected in order to comply with the trust account record keeping requirements in the Legal Profession Regulation 2005 (NSW) and to comply with our duty to the courts.

2.4

We are also required by best practice principles to identify our clients with Know Your Client or “KYC” identification documentation, and collect that information in accordance with applicable Anti-Money Laundering and Counter-Terrorism Financing legislation and professional obligations.

2.5

If you are a prospective client and do not provide us with name and address information or KYC identification documentation we cannot act for you.

2.6

If you do not provide us with accurate personal information, we may not be able to carry out our instructions or achieve the purpose for which the information has been sought.

3. The Purposes for Which We Collect, Hold, Use and Disclose Personal Information

3.1 We process personal data where:

1. You have given consent.
2. Processing is necessary to perform a contract or take steps at your request before entering a contract.
3. Processing is necessary to comply with a legal obligation.
4. Processing is necessary to protect vital interests.
5. Processing is necessary for the establishment, exercise or defence of legal claims.
6. Processing is necessary for our legitimate interests, provided those interests are not overridden by your rights and freedoms.

Specifically, we collect, hold, use and disclose personal information in order to:

1. Process personal information where necessary for the establishment, exercise or defence of legal claims.
2. In some circumstances, we may process special category or sensitive personal information to provide legal, migration or consulting services. Such processing will only occur where permitted by applicable law and subject to appropriate safeguards.
3. Respond to your enquiries.
4. Provide legal, migration or business consulting services.
5. Employ competent and diligent personnel.
6. Monitor or improve the use of and satisfaction with our legal, migration or business consulting services.
7. Let you know about legal developments, our expertise and legal, migration or business consulting services that may be of interest to you.

3.2 We disclose personal information:

1. In order to carry out the instructions of our clients.
2. Subject to our confidentiality obligations, when using services in support of our legal practice including legal services, migration and/or business consulting services.

4. The Parties to Whom Your Personal Information Is Disclosed

4.1

Subject to our confidentiality obligations, we may share some relevant personal information with:

1. Parties related to a matter you have with us, government authorities and service providers as reasonably required to carry out your instructions.
2. Our e-mail marketing provider for the purposes of providing you our newsletter, invitations and legal updates.
3. Third-party service providers who assist us with archival, auditing, accounting, legal, business consulting, data storage or transmission, website or technology services.

4.2

We also will disclose your information if required by law to do so or in circumstances permitted by the Privacy Act – for example, where we have reasonable grounds to suspect that unlawful activity, or misconduct of a serious nature, that relates to our functions or activities has been, is being or may be engaged in, in response to a subpoena, discovery request or a court order.

5. Disclosure of Information Outside the Jurisdiction of Collection

1. Some of the third parties described above, including our service providers and related bodies corporate, may be located outside the jurisdiction in which the information was collected. We may transfer personal data to countries in which we or our service providers operate. Where personal data is transferred outside the United Kingdom, European Economic Area or Australia, we will take reasonable steps to ensure appropriate safeguards are in place, including adequacy regulations, standard contractual clauses approved by the European Commission or UK authorities, or other lawful transfer mechanisms.
2. Personal information may be disclosed to recipients located in the United Kingdom, Australia, Hong Kong and other jurisdictions where our service providers operate. Australian clients acknowledge that personal information may be transferred overseas in accordance with the Australian Privacy Principles.

6. Right to Withdraw Consent

Where processing is based upon consent, you may withdraw your consent at any time. Withdrawal of consent will not affect the lawfulness of processing undertaken prior to withdrawal.

7. Opting Out of Marketing Communications

We may, from time to time, send you newsletters, invitations and legal, migration or business consulting services updates about our services. You can opt out of receiving further such communications by notifying us using our contact details below or by clicking the “unsubscribe” option at the bottom of any marketing e-mail received from us.

8. Security

We take reasonable physical, technical and administrative safeguards to protect your personal information from misuse, interference, loss, and unauthorised access, modification and disclosure. For example, we maintain our files in secure offices and locations and limit access to personal information to individuals with a need to know.

9. Access, Correction and Updating Personal Information

9.1

You can contact us to access, correct, and to rectification, erasure, restriction, objection, data portability, withdrawal of consent or update your personal information. Unless we are subject to confidentiality obligation or some other restriction on giving access to the information and we are permitted to refuse you access under the Privacy Act, we will endeavour to make your information available to you within 30 days. Examples of circumstances where we may refuse to give you access to your personal information or follow your directions include where:

1. Giving access would be unlawful.
2. We reasonably believe that giving you access would pose a serious threat to the life, health or safety of any individual or to public health or public safety.
3. Giving access would have an unreasonable impact on the privacy of others.
4. The information could reveal the intentions of a party in negotiations.
5. Giving access could prejudice the taking of appropriate action in relation to unlawful activity.
6. Giving access could reveal evaluative information in a commercially sensitive decision-making process.

9.2

If you request to correct your personal information, we will correct, or, if we consider more appropriate, note your request for amendment of the information on your record.

9.3

We will not charge you to make a request to access your records, but we may charge you to actually provide access depending on the costs associated with obtaining and providing the material.

9.4

These actions can usually be taken by contacting a customer relations representative using the contact information on the "Contact Us" section below.

10. How Long Is Your Data Held?

Under the GDPR we maintain duties to you as our client to retain and store your data no longer than is necessary for the purposes of which the information is processed. If necessary, your information will be stored for a period of time for archiving purposes. We will ensure that the record is protected by security safeguards to restrict unauthorised access, modification, disclosure or misuse. Client files may be retained for a period determined by legal, regulatory, professional indemnity and business requirements. Where specific retention periods cannot be stated, we use criteria including legal obligations, the nature of the engagement and limitation periods applicable to potential claims.

11. Notification of Changes

If we decide to change our Privacy Policy, we will send you a copy of our revised policy or post a copy on our website.

12. Complaints / Contact Us

If a breach of this Privacy Policy occurs, a complaint may be made to us by sending it to:

Alternatively:

We will endeavour to respond to any complaint within 30 days. If you are not satisfied with our response, you may lodge a complaint with the Information Commissioner's Office (ICO) in the United Kingdom using the information available at ICO.

You may also have the right to lodge a complaint with your local data protection authority.

Terms of Use of Website

13. General Disclaimer

This website is provided for general information purposes only and does not constitute legal, migration, tax, business, or other professional advice. The legal services described on this website principally relate to Australian law, migration and associated international matters. Unless expressly stated otherwise, no advice is provided regarding the laws of any other jurisdiction. Viewing this website does not create a professional relationship. Professional advice should be obtained for individual circumstances. This is not an offer to provide legal services, migration advice or business consulting services.

The articles and content of our website are provided for general information only and research purposes. This is not intended as advice. The legal articles published contain comment only and not legal advice, for which you should retain a solicitor. No responsibility is accepted for the accuracy of contents. We suggest that you obtain individual advice from qualified persons in your jurisdiction.

14. Governing Law

These Terms of Use are governed by the laws of New South Wales, Australia.

15. Copyright

Unless otherwise stated, all content on this website, including articles, text, graphics, logos, images, design elements and other materials, is owned by or licensed to Tyndall & Co. and is protected by applicable copyright, trade mark and intellectual property laws.

You may view, download and print material from this website for your personal, non-commercial use, provided that all copyright and proprietary notices are retained. No part of this website may be reproduced, distributed, modified, published or transmitted without our prior written consent, except as permitted by law.

Tyndall & Co.® is a registered trade mark and may not be used without permission.