The details of LK’s commitment to protecting the privacy of its clients, contacts and staff are set out below.
Who we are
LK is an investigative dispute resolution law firm. We assist clients to resolve disputes through litigation and arbitration throughout Australia, Asia, Europe, the Middle East and the Americas.
LK’s constituent law firms are:
- LK Law LLP in the United Kingdom; and
- LK Law Pty Ltd in Australia
The details of each separate legal entity are provided on our website www.lk.law and in the Legal Notice also provided on our website.
For LK to assess whether we can provide services to you, we must collect personal information from you. Once we agree to act for you, we must collect further personal information from you, and other parties related to the matter, to enable us to assist.
LK manages the personal information it collects, and the information flows associated with that personal information in each jurisdiction where is has offices, in accordance with the relevant privacy and data protection laws, regulations and guidelines, including: the Privacy Act 1988 (Cth), the Data Protection Act 2018 (UK) and the EU General Data Protection Regulation (“GDPR”).
LK’s Data Protection Officer’s details are as follows:
Telephone: +44 22 7400 2191
Kinds and Categories of Personal Information we Collect and Hold
In this Privacy Notice –
“personal information” has the same meaning as the term “personal data” and means information relating to an identified or identifiable individual; and
“data subject” means the identified or identifiable individual who is the subject of the personal information.
LK collects and holds personal information of the following kinds and categories:
- Personal details (including the data subject’s name, signature, date of birth, contact details (such as postal address(es), email address(es), telephone number(s)), nationality, occupation, employment history, educational qualification(s) and government-issued identifiers (such as Tax File Number, Company Registration Numbers or Australian Business Numbers));
- Information required for LK to meet its legal and regulatory obligations;
- Information received by LK in the course of providing legal services;
- Financial information, including for billing purposes;
- Information about the data subject’s interests in areas of legal practice or events; and
- Records of meetings and events attended at LK.
Where necessary, LK may also collect and hold sensitive information relating to the data subject’s health, racial or ethnic origin, religious affiliation(s), membership of a professional or trade association or trade union, and political opinion(s).
LK also collects and holds its web traffic information when you visit our website or communicate with us through a social network service such as Facebook or LinkedIn.
How we Collect, Hold and Protect Personal Information
LK generally collects personal information directly from its clients, contacts or staff, or through independent investigation, in the following ways:
- Information collected by LK in the course of providing legal services;
- Information collected via LK’s email and / or telephone; and
- Information collected via LK’s website.
LK holds personal information in secured electronic and physical form.
We take the protection of all information we hold very seriously and have appropriate technical and organisational processes and measures in place to protect it from misuse, interference and loss, and from unauthorised access, modification or disclosure. For example, we store information in access-controlled premises or in electronic databases with two-step login requirements.
LK also engage the services of a third party provider of technology services to store the personal information we collect. Our third party data storage providers are compliant with the relevant privacy and data protection laws and regulations, as well as the appropriate information security industry standards, in the way that we hold personal information.
All LK staff with access to confidential information are subject to confidentiality obligations. We also conduct regular security trainings.
LK has procedures in place to deal with any suspected data breaches and where legally required to do so, LK will notify you and the applicable regulators of any breach.
Purposes of Collecting, Holding, Using, Processing and Disclosing Personal Information
LK collects, holds, uses, processes and discloses personal information for the following purposes:
- To enter into agreements for the provision of legal services with our clients and to deliver these services;
- To manage, account for and improve our service to our clients;
- To ensure the physical security of LK’s systems, staff and premises (including the use of CCTV equipment and access passes);
- To meet LK’s legal, regulatory and ethical obligations (including in respect of managing potential conflicts of interest);
- With the consent of the data subject, to market LK’s services.
Lawful Bases for Processing Personal Information
LK’s lawful bases for processing personal data are any one or more of the following:
- The consent of the data subject to the processing of his or her personal information for one or more specific purposes. This consent may be revoked at any time, by emailing firstname.lastname@example.org;
- Performance of a contract to which the data subject is party or to take steps at the request of the data subject prior to entering into a contract;
- Fulfilment of LK’s legal obligations;
- Processing necessary for the performance of a task carried out in the public interest; and
- Processing necessary for the purposes of LK’s legitimate interests, except where these interests are overridden by the data subject’s interests or fundamental rights and freedoms.
For further details about the lawful bases upon which LK processes personal information, please email email@example.com.
Sources and Recipients of Personal Information
The sources of personal information collected, held and used by LK include clients, staff, intermediaries, third parties connected to the data subject (such as their business or personal associates, or employers), and open-source material (such as public records or other information freely available on the Internet).
The following is a list of potential recipients of personal information (in each case including respective employees, directors and officers):
- LK’s constituent law firms. Reasonable endeavours are made to ensure that personal information is only accessible by those who have a lawful basis or legitimate interest in processing it. Requests for restrictions on access should be made to firstname.lastname@example.org;
- Barristers or other solicitors we instruct to carry out work on our behalf;
- Experts or other professionals;
- Sub-contractors, agents or service providers of LK in the furtherance of the delivery of legal services;
- Courts or tribunals;
- Law enforcement agencies where considered necessary for LK to fulfil their legal obligations;
- Third party technological service providers;
- Third party document management services; and
- Regulators or other government or supervisory bodies with a legal right to the material or a legitimate interest in material.
Where LK enters into an engagement with a third party, we will ensure that the third party is compliant with the relevant privacy and data protection laws and regulations, including the GDPR, and that the personal information is disclosed on a confidential basis only. In the event that any such third party to which we transfer personal data is outside the European Union, we will ensure that all applicable data protection regulations are adhered to prior to effecting any such transfer.
Rights of Data Subjects
Data subjects to whom the GDPR or comparative legislation applies, have certain rights in respect of their personal data.
Data subject’s rights include the right to request access to and rectification and erasure of personal data, to object to and request the restriction of processing, and to data portability. Requests to exercise these rights should be sent to email@example.com.
Where a data subject chooses not to provide personal data or where they exercise their right to limit the processing of personal data LK may be unable to provide relevant services, or there may be a restriction on the services that can be provided.
Under the EU General Data Protection Regulations data subjects have a right to complain to the supervisory authority if they believe their personal data is being misused. In the United Kingdom this is the Information Commissioner’s Office (the “ICO”) and in Australia it is the Australian Information Commissioner.
Rights of Data Subjects
The data subject has certain rights in respect of his or her personal information, including:
- the right to be informed about the collection and use of their personal information;
- the right to request access to their personal information;
- the right to request rectification and / or the correction of their personal information;
- the right to request erasure of their personal information;
- the right to object to the processing of their personal information;
- the right to request the restriction of processing;
- the right to data portability;
- the right not to be subject to a decision based solely on automated processing, including profiling; and
- the right to lodge a complaint to the supervisory authority.
To request the exercise of these rights, please email firstname.lastname@example.org or call +61 8 8239 4600.
If LK holds personal information about the data subject, it will give the data subject access to the information on request by the data subject in accordance with the relevant privacy and data protection laws, regulations and guidelines, unless the laws, regulations and guidelines require or permit us not to do so. LK may charge a reasonable fee for the processing of any data access request.
LK will also take reasonable steps to correct, rectify or erase any personal information it holds, on request by the data subject and in accordance with the relevant privacy and data protection laws, regulations and guidelines, when satisfied that the current personal information of the data subject is inaccurate, out-of-date, incomplete, irrelevant or misleading, having regard to the purposes for which it is held.
Where a data subject chooses not to provide personal information, or where they exercise their right to limit the processing of personal information, LK may be unable to provide relevant services, or there may be a restriction on the services that can be provided.
If you would like to lodge a complaint about how we have handled your personal information, please first make a complaint in writing to email@example.com.
If we receive a complaint from you about how we have handled your personal information, we will determine what (if any) action we should take to resolve the complaint.
If we have not adequately responded to your complaint within a reasonable time, you can make a complaint to the following supervisory authorities:
Office of the Australian Privacy Commissioner
A complaint can be made via the website of the Office of the Australian Privacy Commissioner located here.
Information Commissioner’s Office
A complaint can be made via the channels set out by the Information Commissioner’s Office located here.
Retention of Personal Information
LK only keeps personal information for as long as necessary to fulfil the purposes for which it was collected. The retention periods are set out in the client’s letter of engagement. LK Law LLP’s policy is to retain personal information in relation to a client matter for 15 years from the conclusion of that matter. This is subject to certain exceptions. LK Law Pty Ltd’s policy is to retain personal information in relation to a client matter for 7 years from the conclusion of that matter.
To request information about our retention policy or the destruction of personal information, please write to firstname.lastname@example.org.
Disclosure of Personal Information to Overseas Recipients
LK may disclose personal information to its constituent law firms in Australia and the United Kingdom, as well as to other recipients located overseas (including Australia, Asia, Europe, the Middle East and the Americas), if we are required to do so to provide legal services. For example, where a party to a claim is based overseas or is related to an overseas entity.
If so, LK will take such steps as are reasonable in the circumstances to ensure that the constituent law firms and recipients located overseas handle the data subject’s personal information in accordance with the relevant privacy and data protection laws, regulations and guidelines, and make such persons accountable if they mishandle the information. LK will also ensure that there will be no subsequent transfer of the said information without our authorisation.
Web traffic information is disclosed to Google Analytics when you visit our website. Google stores information across multiple countries.
When you communicate with us through a social network service such as Facebook or Twitter, the social network provider and its partner may collect and hold your personal information.
You may withdraw your consent to receive marketing materials from LK at any time. An option to unsubscribe will be contained in every marketing communication we send. Alternatively, consent may be withdrawn at any time by writing to email@example.com.
Changes to this Privacy Notice
This Privacy Notice is regularly reviewed and updates will appear on our website at www.lk.law.
We last updated this Privacy Notice on 28 July 2021.
We invite comments on the effectiveness of this policy and will take into account any suggestions in reviewing this Privacy Note.
How to Contact Us
If you have any questions about this Privacy Notice or any personal information we hold about you, please contact firstname.lastname@example.org.