Privacy Policy

Last Updated: 16 February 2025

1. Introduction

Trade Marks Office is operated by Nicholas Weston Lawyers & Trade Marks Attorneys  ABN 21  926 131 693 (“we”, “us”, “our”) is committed to protecting your privacy and maintaining the confidentiality of your personal information. As both a law practice and trade marks attorney practice, we are bound by:

• The Privacy Act 1988 (Cth) (“Privacy Act”) and the Australian Privacy Principles
• Legal professional obligations and privilege requirements
• The Code of Conduct for Trans-Tasman Patent and Trade Marks Attorneys 2018
• Professional standards of the Legal Profession Uniform Law in Australia
• Other applicable regulatory requirements

This Privacy Policy sets out in detail how we collect, use, store and disclose personal information, including information collected through our website, during the provision of our legal and trade marks attorney services, and in our general business operations.

2. Personal Information We Collect

2.1 Client Information

When you engage our services, we collect:

• Full legal name and any business/trading names
• ACN, ABN, and other business identifiers
• Contact details including physical address, postal address, email addresses and phone numbers
• Business structure and ownership details
• Details of authorised representatives and signatories
• Trade mark portfolio information
• Brand usage and commercialisation details
• Evidence of trade mark use
• Financial information for billing purposes
• Communication preferences
• Records of our interactions and advice

2.2 Trade Mark Specific Information

For trade mark services, we collect:

• Details of trade marks 
• Trade mark search results and watch notices
• Information about goods and services
• Evidence of use in trade and commerce
• Details of trade mark disputes, oppositions or adverse examination reports
• International registration information
• Priority claim documentation
• Assignment and licensing details
• Information about related designs and copyright

2.3 Identity and Due Diligence Information

To meet our regulatory obligations, we collect:

• Identification documents (passport, driver’s license)
• Company extracts and business registration details
• Evidence of authority to act
• Professional or industry memberships
• Director and shareholder information
• Partnership or trust details
• Source of funds information (where required)
• Background check results

2.4 Website and Technical Information

Through our website and online services, we collect:

• IP addresses and device identifiers
• Browser type and version
• Operating system information
• Pages accessed and links clicked
• Time and duration of visits
• Files downloaded
• Form submission data
• Error messages
• Location data (where enabled)

2.5 Marketing and Communications

For marketing purposes, we may collect:

• Event attendance history
• Seminar and webinar registrations
• Newsletter subscriptions
• Content preferences
• Industry sector information
• Areas of legal interest
• Referral source information
• Feedback and survey responses

3. How We Collect Information

3.1 Direct Collection

We collect information directly when you:

• Engage our services
• Complete our client intake forms
• Provide instructions about your matter
• Communicate with our staff
• Submit documents or evidence
• Register for events or updates
• Use our website or online services
• Complete surveys or provide feedback

3.2 Automated Collection

We automatically collect information through:

• Website analytics tools
• Cookie technology
• Server logs
• Practice management software
• Document management systems
• Client relationship management systems

3.3 Third Party Sources

We may collect information from:

• IP Australia and international IP offices
• ASIC and other regulatory bodies
• Public registers and databases
• Credit reporting agencies
• Your authorised representatives
• Opposition parties and their representatives
• Court and tribunal records
• Professional search providers
• Social media platforms
• Industry directories

4. Use of Personal Information

4.1 Core Business Purposes

We use personal information to:

• Provide trade marks attorney and legal services
• Conduct trade mark searches and watches
• File and prosecute applications
• Manage portfolios and renewals
• Respond to adverse examination reports from IP Australia
• Handle oppositions and disputes
• Maintain accurate client records
• Issue invoices and process payments
• Comply with regulatory obligations

4.2 Professional Obligations

We use information to:

• Conduct conflict checks
• Verify client identity and KYC obligations
• Meet trust account obligations
• Maintain professional indemnity insurance
• Comply with anti-money laundering laws
• Fulfil continuing professional development requirements
• Respond to audits and regulatory reviews

4.3 Client Service

We use information to:

• Communicate about your matters
• Provide status updates
• Send renewal reminders
• Share relevant legal updates
• Improve our services
• Respond to inquiries
• Handle complaints
• Train our staff

4.4 Marketing and Business Development

With your consent, we use information to:

• Send newsletters and updates
• Invite you to events and seminars
• Share industry insights
• Conduct client satisfaction surveys
• Analyse service usage
• Develop new services
• Maintain relationships

5. Disclosure of Information

5.1 Required Disclosures

We may need to disclose information to:

• IP Australia and international IP offices
• Courts and tribunals
• Government agencies
• Law enforcement bodies
• Regulatory authorities
• External auditors
• Professional indemnity insurers

5.2 Service Providers

We share information with service providers located both within and outside of Australia including:

• IT service providers
• Cloud storage providers
• Practice management software providers
• Payment processors
• Marketing service providers
• Document management services
• Professional search firms
• External archive services
• Security services

5.3 Professional Advisers

We may share information with:

• Barristers and expert witnesses
• Foreign trade marks agents and attorneys
• Accountants and tax advisers
• Other professional advisers
• Mediators and arbitrators

5.4 Client-Authorised Disclosures

With your approval, we may disclose to:

• Your other professional advisers
• Related companies and businesses
• Authorised representatives
• Business partners
• Financiers
• Purchasers or investors

5.5 International Disclosures

We may disclose information internationally when:

• Filing foreign trade mark applications
• Engaging overseas associates
• Using cloud-based services
• Required for your matter

Before sending information overseas, we take reasonable steps to ensure recipients have appropriate privacy protections in place.

6. Data Security

6.1 Security Measures

We protect personal information through:

• Physical security controls
• Restricted access to offices
• Secure file storage
• Password protection
• Encryption
• Firewalls
• Anti-virus software
• Multi-factor authentication
• Regular security updates
• Staff training
• Information handling policies
• Confidentiality agreements
• Secure disposal methods

6.2 Data Retention

We retain information for:

• The duration required by law
• Professional indemnity purposes
• As long as needed for your matters
• According to our retention policy

6.3 Data Breaches

If a data breach occurs, we will:

• Contain the breach
• Assess the risks
• Notify affected individuals if required
• Report to regulators if necessary
• Take steps to prevent recurrence

7. Website and Online Services

7.1 Cookies

Our website uses cookies to:

• Remember your preferences
• Analyse website traffic
• Improve user experience
• Customize content
• Monitor performance

7.2 Types of Cookies

We use:

• Session cookies
• Persistent cookies
• First-party cookies
• Third-party cookies
• Analytics cookies
• Functional cookies

7.3 Cookie Control

You can:

• Accept or reject cookies
• Delete existing cookies
• Set browser preferences
• Opt out of analytics

7.4 Online Security

While we use security measures, we cannot guarantee:

• Complete security of online information
• Security of email communications
• Protection from all cyber threats

8. Access and Correction

8.1 Access Rights

You may request:

• Access to your personal information
• Copies of records
• Information about our practices
• Details of disclosures

8.2 Access Process

To request access:

1. Contact our Privacy Officer
2. Verify your identity
3. Specify information requested
4. Pay any reasonable fees

8.3 Correction Rights

You may request:

• Correction of inaccurate information
• Updates to out-of-date details
• Addition of missing information
• Deletion of irrelevant information

8.4 Response Times

We will:

• Acknowledge requests within 7 days
• Respond within 30 days
• Notify you if we need more time
• Explain any refusal

9. Complaints

9.1 Complaint Process

If you have a privacy concern:

1. Please contact our Privacy Officer in writing
2. Provide complaint details
3. Allow 30 days for response
4. Escalate if dissatisfied with the response

9.2 External Review

You may complain to:

• Office of the Australian Information Commissioner
• Victorian Legal Services Commissioner
• Trans-Tasman IP Attorneys Board

10. Marketing Communications

10.1 Consent

We will seek consent before:

• Adding you to mailing lists
• Sending marketing materials
• Sharing your information
• Using information for promotion

10.2 Opt-Out

You can opt out by:

• Using unsubscribe links
• Contacting our Privacy Officer
• Updating preferences online
• Requesting removal

11. Changes to this Policy

11.1 Updates

We may update this policy:

• To reflect law changes
• To improve practices
• To address new issues
• When otherwise needed

11.2 Notice

We will:

• Post updates on our website
• Notify current clients
• Update date of policy
• Maintain previous versions

12. Legal Professional Privilege

Privilege does not apply to any of the services offered online by Trade Marks Office. Where our law firm is engaged we maintain privilege over applicable:

• Legal advice
• Client communications
• Work product
• Confidential information

13. Contact Us

Privacy Officer, Trade Marks Office, Nicholas Weston Lawyers & Trade Marks Attorneys,  Level 4, 90 William Street Melbourne VIC 3000 Email: [email protected]

Tel: 1300 132 551