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Clark Whyte Property Lawyers is committed to meeting the required standards of the Privacy Act 1988 (Cth) and the national privacy principles contained in the Privacy Amendment (Privacy Sector) Act 2000 (Cth).


1.                   COLLECTION

Clark Whyte will not normally collect any information about you unless you have given authority for us to do so.  We will only collect information necessary for providing services to our clients or for the operation of our business.


In most cases we will collect the information directly from you.  However, if information about you is provided by your financial institution, that information will be used where required.  In some cases, information may be collected from your real estate agent, financial broker, accountant, bank or other third party.


We will ensure that your personal information is collected by fair and lawful means.


2.                   USE & DISCLOSURE

Personal information we collect will usually only be used for the primary purpose for which it is collected.


Should we use your information for a secondary purpose, your express consent will be obtained unless we informed you of that secondary purpose at the time of collecting your personal information or the secondary purpose is permitted under the National Privacy Principles.


3.         DATA QUALITY

Clark Whyte will take steps to ensure that personal information
          collected, used and disclosed is accurate and complete.


 4.             DATA SECURITY

Clark Whyte maintains procedures to protect your personal information from misuse, loss, unauthorised access, modification or disclosure.  We also use secure methods to destroy or de-identify information we no longer require as soon as the law permits.


 5.             OPENNESS

This statement sets out Clark Whyte’s policy on managing personal information.  At your request, we will take reasonable steps to tell you what sort of personal information we hold, the purpose we hold it and why it is collected, used and disclosed.


6.             ACCESS & CORRECTION

At your request, we will give you access to your
          personal information, except where:

(a)                 the request is frivolous or vexatious; or

(b)                 providing access impacts the privacy of others; or

(c)                 providing access is unlawful; or

(d)                 providing access would prejudice commercial negotiations between the individual and Clark Whyte.


If requested, we will make the necessary amendments to correct personal information we hold about you.


 7.             IDENTIFIERS

Clark Whyte will not identify individuals by an

 identifier assigned by a government agency eg

tax file number.


8.         ANONYMITY

Where it is lawful and practicable, individuals will have the option of remaining anonymous in their transactions with Clark Whyte.



Clark Whyte will not transfer personal information

 outside of Australia unless:

(a)                 the individual consents to the transactions;

(b)                 Clark Whyte believes that the overseas recipient is subject to similar privacy laws to Australia;

(c)                 the transfer is necessary for the performance of a contract by the individual; or

(d)                 the transfer is for the benefit of the individual and it is not practicable to obtain the individual’s consent to the transfer.


10                 SENSITIVE INFORMATION

Clark Whyte will not collect personal information about an individual’s race, religious beliefs, political opinions, trade union membership, details of health, disability or sexual activity unless that individual has consented or unless collection of that information is necessary to establish, exercise or defend a legal or equitable claim, on behalf of Clark Whyte or one of its clients.


You can obtain copies of the Privacy Act and the National Privacy Principles at the Privacy Commissioner’s website at or at


If you wish to contact us about personal information we hold about you or about this privacy statement, please contact our privacy officer on (08) 9325 4100, by fax on (08) 9221 2264 or by email at

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