Privacy statement

1 - Your rights in relation to privacy

Hall & Wilcox ABN 58041376985 and its associated entities (being Francis Gillman Pty Ltd as trustee for the Francis Gillman Service Trust, Francis Gillman Finance Pty Ltd as trustee for the Francis Gillman Finance Trust, Francis Gillman Holdings Pty Ltd, H&W Nominees Pty Ltd, Francis Gillman International Pty Ltd and Francis Gillman International Inc.) (Hall & Wilcox) understands the importance of protecting the privacy of an individual's personal information. This statement sets out how Hall & Wilcox aims to protect the privacy of your personal information, your rights in relation to your personal information managed by Hall & Wilcox and the way Hall & Wilcox collects, holds, uses and discloses your personal information.

In handling your personal information, Hall & Wilcox will comply with the Privacy Act 1988 (Cth) (Privacy Act) (including the 13 Australian Privacy Principles) and Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) (AML/CTF Act) and the Anti-Money Laundering and Counter-Terrorism Financing Rules 2025 (Cth) (AML/CTF Rules). This privacy statement may be updated from time to time.

2 - What kinds of personal information does Hall & Wilcox collect?

Personal information is information or an opinion about an identified, or reasonably identifiable, individual. During the provision of its services, Hall & Wilcox may collect your personal information.

Generally, the kinds of personal information Hall & Wilcox collects are:

contact and professional information such as your name, business or personal addresses, email addresses, phone and fax numbers and job title;
other information (including sensitive information, collected with your consent or where the collection is required or authorised by Australian law) relevant to the type of legal services being provided which may include information about assets and finances, property interests or titles, income, directorships, your employment, health conditions, family relationships and tax file numbers;
where Hall & Wilcox has reasonably concluded that it is required to conduct customer due diligence in line with our obligations under the AML/CTF Act (AML/CTF obligations), dates of birth, residential addresses, identification document details (such as passport or driver’s licence number and date of expiry), and information relevant to assessing AML/CTF risk. This may also include information about beneficial owners of a client entity, politically exposed persons, and sources of wealth or sources of funds; and
where Hall & Wilcox has reasonably concluded it is reasonably necessary to comply with its AML/CTF obligations, Hall & Wilcox may collect sensitive information. For example, Hall & Wilcox may collect information about your membership of a political association, which may be relevant to determining whether you are a politically exposed person. Where Hall & Wilcox collects biometric information for AML/CTF purposes, it will only do so with your consent. Where Hall & Wilcox collects other sensitive information for AML/CTF purposes, it will do so with your consent or where the collection is required or authorised by Australian law (including the AML/CTF Act or AML/CTF Rules).

Where we collect your personal information and/or sensitive information for the purpose of complying with the AML/CTF Act and/or the AML/CTF Rules, we will limit collection to what is reasonably necessary for that purpose.

In some circumstances, Hall & Wilcox may also hold other personal information provided by you.

If you apply for a job, Hall & Wilcox will collect information such as your name, contact details, qualifications, employment history and contact details of referees. Where Hall & Wilcox is required under the AML/CTF Act to conduct staff due diligence in respect of you we may collect additional personal information or sensitive information (such as a National Police Check).

3 - How does Hall & Wilcox collect personal information?

Generally, Hall & Wilcox collects your personal information directly from you through:

exchanges and discussions with you, whether in person or via telephone, video conference, email, fax or post; and
Hall & Wilcox's website, including the completion of online forms, registering or subscribing to any of our services, submitting material or information or otherwise requesting further information or services.

There may be other occasions (for example, when Hall & Wilcox collects personal information for AML/CTF customer or staff due diligence purposes) when Hall & Wilcox collects your personal information from other sources such as from an information services provider, a publicly maintained record including publicly available information on social media or similar sites, other professional advisors or an insurance company or authority in connection with a claim related to you or a company for whom you work.

Generally, Hall & Wilcox will only collect your personal information from sources other than you if it is unreasonable or impracticable to collect your personal information from you.

4 - Why does Hall & Wilcox need your personal information?

Hall & Wilcox collects, holds, uses and discloses your personal information where it is reasonably necessary for the purposes of:

providing you or an entity with which you are connected, or otherwise in connection, with legal advice and associated services;
accounting, billing and other internal administrative purposes;
developing and facilitating a business relationship with you or an entity with which you are connected;
determining your eligibility and suitability for employment with Hall & Wilcox;
inviting you to events, functions or training events and providing you with updates and publications;
identifying and informing you of services that may be of interest to you;
any other legal requirements including any prescribed by the relevant legal profession legislation in the state or territory in which you reside (or in which the majority of the legal services will be performed, in the case of overseas persons);
complying with Hall & Wilcox’s AML/CTF obligations;
to assist us with continual improvement, asking you to participate in surveys conducted by us, or third party providers on our behalf, about our service and your experience with us.

Where we use or disclose personal information, we take steps reasonable in the circumstances to ensure the personal information is relevant to the purpose for which it is to be used or disclosed. Hall & Wilcox limits its collection, use and disclosure of personal information to what is reasonably necessary for its functions and activities, including its AML/CTF obligations. You are under no obligation to provide your personal information to Hall & Wilcox. However, without certain information from you, Hall & Wilcox may not be able to establish your identity or provide its services to you. In particular, if you do not provide the personal information required for:

customer due diligence under the AML/CTF Act, Hall & Wilcox may not be able to provide you (or the person you are acting on behalf of) with certain designated services; or
staff due diligence under the AML/CTF Act, Hall & Wilcox may not be able to progress your application for employment.

5 - To whom does Hall & Wilcox disclose your personal information?

Hall & Wilcox discloses your personal information for the purpose for which Hall & Wilcox collects it. That is, generally, Hall & Wilcox will only disclose your personal information for the purpose of providing legal services or other purposes set out at paragraph 4 including complying with Hall & Wilcox’s AML/CTF obligations. This may include disclosing your personal information to associated entities or third parties engaged to perform administrative or other business management services. This disclosure is always on a confidential basis or otherwise in accordance with law. Hall & Wilcox may also disclose your personal information with your consent or if disclosure is required or authorised by law.

To comply with its AML/CTF obligations, Hall & Wilcox may disclose your personal information to:

AUSTRAC (the Australian Transaction Reports and Analysis Centre), as required by the AML/CTF Act, including in connection with suspicious matter reports and other reports required by law;
law enforcement and regulatory bodies, where required or authorised by law; and/or
third-party service providers who assist Hall & Wilcox with its AML/CTF obligations, including identity verification services, screening and monitoring services, and data storage providers.

Where Hall & Wilcox is required or authorised to use or disclose personal information under the AML/CTF Act or AML/CTF Rules, it is permitted to do so without your consent. Hall & Wilcox will not disclose information where doing so would be inconsistent with its obligations under the AML/CTF Act.

6 - Overseas disclosure

Hall & Wilcox may disclose personal information to overseas recipients in order to provide necessary legal services and for administrative or other business management purposes.

These recipients may include:

the legal and administrative support staff of our associated entity in the Philippines (or any other overseas jurisdiction in which we may establish operations in the future);
associates, agents or other legal or professional service providers in overseas jurisdictions;
government bodies and other authorities; and
other service providers who are located overseas such as expense management service providers.

Before disclosing any personal information to an overseas recipient, Hall & Wilcox takes steps reasonable in the circumstances to ensure the overseas recipient complies with the Australian Privacy Principles or is bound by a substantially similar privacy scheme unless you consent to the overseas disclosure or it is otherwise required or permitted by law. Where the disclosure is required or authorised by the AML/CTF Act or AML/CTF Rules, Hall & Wilcox will not be responsible for the overseas recipient’s handling of that information.

7 - Direct marketing

Hall & Wilcox may use and disclose your personal information in order to inform you of products and/or services that may be of interest to you. Where legally required (including under the General Data Protection Regulation (EU) 2016/679), Hall & Wilcox will only provide these communications to you after you have opted to receive them and will provide you with the opportunity to opt out of receiving them at any time if you do not want to receive further marketing-related communications from us. Where a specific 'opting in' process is not legally required, you can opt out at any time if you do not wish to receive further marketing-related communications from us. In either case, you can opt out by contacting Hall & Wilcox via the contact details set out in paragraph 10 or through any opt-out mechanism contained in a marketing communication to you.

8 - Security of your personal information

Hall & Wilcox takes steps reasonable in the circumstances to ensure that the personal information it holds is protected from misuse, interference and loss and from unauthorised access, modification or disclosure. Hall & Wilcox holds personal information in both hard copy and electronic forms in secure databases on secure premises, accessible only by authorised staff. Hall & Wilcox implements technical and organisational security measures including access controls, multi-factor authentication, audit logs and monitoring, and staff training to protect personal information, particularly information collected for AML/CTF purposes which may be sensitive in nature and held for retention periods in line with the AML/CTF Act requirements.

Hall & Wilcox will destroy or de-identify personal information in circumstances where it is no longer required for any purpose for which the information may be used or disclosed under the Privacy Act, unless Hall & Wilcox is otherwise required or authorised by law to retain the information. Where Hall & Wilcox holds personal information for AML/CTF record-keeping purposes, it will retain that information for the period required by the AML/CTF Act (generally 7 years following the end of the relevant business relationship or 7 years after the date of the last occasional transaction). Hall & Wilcox does not retain copies of full identification documents (such as passports or driver’s licences) for AML/CTF record-keeping purposes where it is not necessary to do so. Instead, Hall & Wilcox records only the personal information from identification documents that is reasonably necessary to demonstrate compliance with its customer due diligence or staff due diligence obligations.

Hall & Wilcox has a data breach response plan in place. In the event of a data breach involving personal information held for AML/CTF purposes that is likely to result in serious harm, Hall & Wilcox will notify affected individuals and the Office of the Australian Information Commissioner in accordance with the Notifiable Data Breaches scheme under the Privacy Act, except to the extent that notification would be inconsistent with any secrecy provisions in the AML/CTF Act or the prohibition against tipping off under the AML/CTF Act.

9 - Can you access and correct the personal information that Hall & Wilcox holds about you?

Hall & Wilcox takes steps reasonable in the circumstances to ensure personal information it holds is accurate, up-to-date, complete, relevant and not misleading. Under the Privacy Act, you have a right to access and seek correction of your personal information that is collected and held by Hall & Wilcox. Hall & Wilcox may also review and update personal information it holds about you as part of its ongoing customer or staff due diligence obligations under the AML/CTF Act.

If at any time you would like to access or correct the personal information that Hall & Wilcox holds about you, or you would like more information on Hall & Wilcox's approach to privacy, please contact Hall & Wilcox via the contact details set out in paragraph 10 below. Hall & Wilcox will grant access to the extent required or authorised by the Privacy Act or other law and take steps reasonable in the circumstances to correct personal information where necessary and appropriate.

To obtain access to your personal information:

you will have to provide proof of identity to ensure that personal information is provided only to the correct individuals and that the privacy of others is protected; and
Hall & Wilcox requests that you be reasonably specific about the information you require.

Hall & Wilcox can provide you with a copy of your personal information in our current records free of charge. If Hall & Wilcox provides access to non-current records, Hall & Wilcox may charge you a reasonable administration fee, which reflects the cost to Hall & Wilcox for providing access in accordance with your request.

Hall & Wilcox may refuse access to personal information in certain circumstances, including where providing access would be unlawful (for example, where it may constitute tipping off under the AML/CTF Act), where there is reason to suspect that unlawful activity or serious misconduct has been, is being, or may be engaged in and providing access would be likely to prejudice appropriate action, or where providing access would be likely to prejudice enforcement-related activities conducted by or on behalf of an enforcement body.

If Hall & Wilcox refuses your request to access or correct your personal information, Hall & Wilcox will provide you with written reasons for the refusal and details of complaint mechanisms, except to the extent that providing such reasons would be inconsistent with Hall & Wilcox’s obligations under the AML/CTF Act (including the prohibition against tipping off).

Hall & Wilcox will take steps reasonable in the circumstances to provide you with access in a manner that meets your needs and the needs of Hall & Wilcox.

Hall & Wilcox will endeavour to respond to your request to access or correct your personal information within 30 days from your request.

10 - How to contact us

For further information or enquiries regarding your personal information, or if you would like to opt-out of receiving any promotional or marketing communications, please contact Hall & Wilcox's Privacy Compliance Officer at:

Level 31, Queen & Collins Tower 376-390 Collins Street Melbourne VIC 3000 Australia

T: +61 3 9603 3555

E: privacy@hallandwilcox.com.au

11 - Privacy complaints

Please direct all privacy complaints to Hall & Wilcox's Privacy Compliance Officer. At all times, privacy complaints:

will be treated seriously;
will be dealt with promptly;
will be dealt with in a confidential manner; and
will not affect your existing obligations or affect the commercial arrangements between you and Hall & Wilcox.

Hall & Wilcox's Privacy Compliance Officer will commence an investigation into your complaint. You will be informed of the outcome of your complaint following completion of the investigation.

If you are dissatisfied with the outcome of your complaint, you may refer the complaint to the Office of the Australian Information Commissioner.