Version 2.0 | Applicable from March 2017
1.1 Lawcadia Pty Ltd (ACN 607 954 843) (“we, us, our“) assists corporate and government clients to manage all aspects of legal procurement, and assists law firms with business development and management services. Our services are provided via our web-based platform – Lawcadia.com.
1.2 Lawcadia.com can be used for three different types of engagement:
(a) an “Open Tender” – which allows companies to find law firms, and then engage law firms using our procurement process
(b) a “Panel Tender” – which allows companies to obtain tenders from selected law firms (through a formal panel arrangement or otherwise); and
(c) a “Direct Engagement” – which allows companies that have engaged a particular law firm for a matter to register that matter on Lawcadia.com to assist with scope control, financial management and evaluation.
1.3 Lawcadia.com is incorporated in and operated from Australia. We are bound by the Australian Privacy Principles set out in the Privacy Act 1988 (Cth), which regulate how we may collect, use, disclose and store personal information and how individuals may access and correct personal information that we hold about them.
1.5 By using Lawcadia.com, every individual (“you, your“) is agreeing to this Policy.
1.6 If you do not agree to this Policy, do not follow any prompts to accept this Policy and do not access or use Lawcadia.com.
2.1 This Policy sets out the following information:
(a) What is personal information?
(b) How do we collect information?
(c) What information do we collect?
(d) How do we use personal information?
(e) With whom do we share personal information?
(g) What security standards do we implement to protect your personal information?
(h) How do we update information?
(i) How to contact us.
3. What is personal information?
3.1 “Personal information” is any information or an opinion, in any form and whether true or not, about an identified individual or an individual who is reasonably identifiable. Examples include an individual’s name, address, contact number and email address.
3.2 “Sensitive information” is a special category of personal information. Sensitive information includes health information and information about a person’s race, ethnic origin, political opinions, membership of political, professional or trade associations, religious or philosophical beliefs, sexual preferences and criminal history.
4. How do we collect information?
4.1 We will only collect personal information about you by lawful and fair means. The primary way in which we collect personal information about you is when you give it to us. For example, we collect your personal information, such as contact details and profile information, when you:
(a) enquire about Lawcadia.com or our services;
(b) visit Lawcadia.com;
(c) register or apply to use Lawcadia.com or any of our services, whether in your own capacity or on behalf of a company, law firm or other legal entity;
(d) contact us by telephone, mail, e-mail or online;
(e) submit a tender or an engagement request;
(f) submit a request for a law firm to clear conflicts or respond to a company’s request to clear conflicts on a particular matter;
(g) register a matter or ask for a matter to be registered on Lawcadia.com;
(h) ask for support in connection with Lawcadia.com or any of our services;
(i) make a complaint about Lawcadia.com or any of our services;
(j) make a complaint about a company or law firm or any other user of Lawcadia.com;
(k) ask for access to the personal information that we hold about you.
4.2 We also collect your personal information provided by other users who undertake any of the activities described above. For example, if you are a partner at a law firm who is listed as being the lead partner for a matter that is registered on Lawcadia.com, your client will be asked to submit ratings about your law firm’s performance using our Ratings System.
4.3 Sometimes we may collect personal information about individuals at companies and law firms from a third party or a publicly available source, such as the internet, for the purposes of marketing and promoting Lawcadia.com and our services or identifying and contacting individuals who may be interested in our work or industry.
4.4 We use social networking services such as Twitter, Facebook and Linked-In to communicate with the public about Lawcadia.com and our services. When you communicate with us using these services we may collect your personal information, but we will only use it to help us to communicate with you and the public. The social networking service will also handle your personal information for its own purposes. These sites have their own privacy policies.
4.5 We collect your email and, if you provide it, other contact details when you subscribe to our email lists. We will use this information to send you updates for which you have subscribed and to contact you to market and promote Lawcadia.com and our services.
4.6 If you want to know how we obtained your personal information, please contact our Privacy Officer using the details provided below and we will let you know unless it is impracticable or unreasonable to do so.
5. What information do we collect?
5.1 We try only to collect personal information about you that we need for the operation of Lawcadia.com and our services, and to market and promote Lawcadia.com and our services. The kinds of personal information that we collect and hold about you may depend on the circumstances in which the information is collected. For example:
(a) if you are registered on Lawcadia.com on behalf of a corporate or government client or on behalf of a law firm, then we will collect certain information about you on our profile page that will include your name, position, contact details and certain other information that you may wish to complete using the functionality available on Lawcadia.com;
(b) if you are a partner at a law firm who wishes to submit tender responses to a company who is procuring legal services using Lawcadia.com then, in addition to your profile information, we will also collect information about your qualifications and experience;
(c) if you are a partner at a law firm who is listed as being the lead partner for a matter on Lawcadia.com that has been registered on Lawcadia.com, then we will collect ratings information about your law firm which will attach to your Lawcadia profile in accordance with our Ratings Policy; and
(d) if you are a representative for a company who has engaged a law firm on a matter that is registered on Lawcadia.com, then we will collect information about your views and opinions on the performance of the law firm engaged for the matter on Lawcadia.com in accordance with our Ratings Policy.
5.2 Any personal information that you provide via Lawcadia.com or our contact numbers and addresses will be collected and stored by us.
5.3 If you provide personal information to any third party via Lawcadia.com (for example, to another user for the purposes of using any of our services), that information will be collected and managed by those third parties as well as by us. Such third parties may have their own privacy policies that set out how they collect and use personal information and you should ensure that you familiarise yourself with any such privacy policies before deciding whether you wish to provide them with your personal information.
5.4 We may monitor and record calls and other electronic communications that you make to us in certain circumstances. For example, calls to us may be monitored and recorded for training and customer service purposes.
5.5 You may wish to provide us with personal information concerning certain other individuals when you use Lawcadia.com or any of our services. For example, you may want to provide us with personal information about a colleague who may work with you on a particular matter that is registered on Lawcadia,com. If you provide us with information about any other individual, you must obtain that person’s permission to give us the information and inform them of this Policy.
5.6 If we are not able to collect your personal information, we may not be able to provide you with access to Lawcadia.com or our services or do business with you or the organisation with which you are connected.
5.7 We do not require any of your sensitive personal information for the proper operation of Lawcadia.com or any of our services and Lawcadia.com is not designed to request such information. We request that you do not submit any such information onto Lawcadia.com. If however you do submit such information on Lawcadia.com, then it shall be treated in the same way as other personal information that you are able to submit onto Lawcadia.com.
6. How do we use information?
6.1 We use personal information for a variety of reasons including:
(a) to provide access to Lawcadia.com and our services;
(b) to answer your enquiries and deliver customer service;
(c) to tell you about Lawcadia.com and our services that we think might be of interest to you;
(d) to maintain and improve Lawcadia.com and our services;
(e) to meet our legal and regulatory obligations;
(f) to manage and resolve any complaints;
(g) to consider job applicants for current and future employment;
(h) to manage our relationships with companies, law firms and other users of Lawcadia.com;
(i) to carry out internal functions including training;
(j) to conduct market research and analysis; and
(k) to undertake activities for which we have obtained your consent (whether written, oral or implied from your conduct).
6.2 If you are a registered user of Lawcadia.com, from time to time we may contact you with information about our services, which we think may be of interest to you. When we contact you it may be by mail, telephone, email or SMS. We will generally give you the opportunity to express a wish not to receive direct marketing communications. Your consent to receive direct marketing communications will be deemed to have been given if you do not opt out of receiving direct marketing communications from us, and will remain current for an indefinite period of time unless and until you advise us otherwise.
7. With whom do we share information?
7.1 We disclose personal information to:
(a) our contractors, agents and service providers – in particular, Lawcadia.com is hosted by Amazon Web Services and we store personal information on their servers, located in Australia;
(b) other users of Lawcadia.com as permitted by the functionality of Lawcadia.com or the settings that we have made available on Lawcadia.com – including:
(i) the names, contact details, expertise and experience of law firm partners to any companies to whom they submit a tender response;
(ii) the names and contact details of company representatives will be disclosed to any law firm partners who are requested by that company representative to provide a Proposal (either through an Open Tender or a Panel Tender); and
(iii) ratings information about law firms and partners will be disclosed to companies and other users in accordance with our Ratings Policy;
(c) such third parties as expressly permitted in our Terms and Conditions for Law Firms, in the event that you are a law firm user, or in our Terms and Conditions for Corporate and Government Clients, in the event that you are a company or government user;
(d) any person that you consent to us disclosing your personal information; and
(e) governmental or regulatory authorities, whether in Australia or elsewhere, having jurisdiction over us, Lawcadia.com or any of our services, or any companies, law firms or other users of Lawcadia.com or any of our services.
7.2 We may disclose personal information overseas in order to provide our services and we will generally do so only where we need to disclose such information to third parties as listed above.
8.1 We use a range of tools provided by third parties, including our web hosting company Amazon Web Services and Google, to collect or view website traffic information. These sites have their own privacy policies.
8.3 We also collect and analyse information on an anonymous or non-attributable basis to allow us to gain insights into the behaviour and business practices of companies, law firms and users which may be valuable to companies and the legal industry. Much of this information will help us to provide useful information and advice to companies, law firms and others of behaviours in relation to the procurement and provision of legal services.
8.4 When you visit Lawcadia.com, we may collect information about your visit for statistical purposes, including:
(a) server address;
(b) top level domain name (for example, .com.au, .gov.au, etc);
(c) the date and time of your visit;
(d) the pages you accessed and documents downloaded during your visit;
(e) the length of your visit;
(f) the country, state and city you are in when accessing Lawcadia.com;
(g) the previous site you visited;
(h) search terms that you have used to find Lawcadia.com from search engines including Google and Bing;
(i) if you’ve visited Lawcadia.com before; and
(j) the type of browser used.
8.5 We record this data to maintain our information technology systems and to improve our services.
8.6 If any links to third party websites are included on Lawcadia.com, we are not responsible for the content or practices of these third party websites. Any links are provided for your convenience or by companies, law firms or other users of Lawcadia.com for their own purposes, and do not represent our endorsement of any linked third party website. We recommend that you check the privacy policies of such third party websites before providing them with your personal information.
9. What security standards do we implement to protect your information?
9.1 We will take reasonable steps to ensure that your personal information is protected from misuse, interference and loss and from unauthorised access, modification or disclosure. This includes a range of information security measures to protect your personal information.
10. How do we update information?
10.1 It is very important to us that we maintain accurate and up-to-date personal information for the proper operation of Lawcadia.com and our services and for conducting our business generally. If you believe that your personal information is inaccurate or out-of-date, or irrelevant or misleading, please contact our Privacy Officer using the details provided below and we will take reasonable steps to correct that information.
10.2 Our Ratings Policy sets out how and when we may amend ratings information about particular partners and law firms that is submitted using our Ratings System.
11. How can you access and correct your personal information?
11.1 Under the Privacy Act 1988 (Cth), you have the right to ask for access to personal information that we hold about you, and ask that we correct that personal information. You can ask for access or correction by contacting us and we must respond within 30 days. If you ask, we must give you access to your personal information, and take reasonable steps to correct it if we consider it is incorrect, unless we are permitted or required not to do so under applicable law.
11.2 We will ask you to verify your identity before we give you access to your information or correct it. If we refuse to give you access to or correct your personal information, we will notify you and give you reasons why.
11.3 If we make a correction and we have disclosed incorrect information about you to others, you can ask us to tell them about the correction. We will do so unless there is a valid reason why not to do so.
11.4 If we refuse to correct your personal information, you can ask us to associate with it (for example, attach or link) a statement that you believe the information is incorrect and why.
11.5 You can request access to personal information that we hold about you by contacting our Privacy Officer using the details provided below and we will generally provide you with access, subject to certain exceptions permitted by law.
11.6 We may refuse access to your personal information in various circumstances, including where:
(a) providing access would have an unreasonable impact on the privacy of others;
(b) the request is frivolous or vexatious;
(c) the information relates to existing or anticipated legal proceedings and would not be accessible by the process of discovery in those proceedings;
(d) giving access would reveal our intentions in relation to negotiations with you in such a way as to prejudice those negotiations;
(e) providing access would be unlawful;
(f) denying access is required by or under Australian law;
(g) we have reason 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 and giving access would be likely to prejudice the taking of appropriate action in relation to the matter;
(h) giving access would be likely to prejudice enforcement related activities conducted by or on behalf of an enforcement body;
(i) providing access would be likely to prejudice enforcement related activities conducted by an enforcement body
(j) giving access would reveal evaluative information generated within our organisation with a commercially sensitive decision-making process.
12. How to contact us
If you want to send us notices or service of process, please contact us:
(a) online at: [email protected]
(b) by mail at: PO Box 12822, George Street, Brisbane QLD 4003, Australia
(a) “Lawcadia.com” means our online website made available at Lawcadia.com and includes all associated websites, microsites, databases, software and back end systems;
(b) “Ratings Policy” means our ratings policy available at Lawcadia.com/Ratings Policy
(c) “Terms and Conditions for Companies” means our terms and conditions applicable to companies that are registered to use Lawcadia.com and are available on request: [email protected]
(d) “Terms and Conditions for Law Firms” means our terms and conditions applicable to law firms that are registered to use Lawcadia.com and are available on request: [email protected]