Privacy

  1. We respect your privacy

TM Solicitor Pty Ltd t/as TM Legal Atelier® (TM Legal Atelier®, we, us, our) respects your right to privacy and is committed to safeguarding the privacy of our clients and website visitors. We adhere to the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) and, where applicable, the Notifiable Data Breaches scheme. This Privacy Policy explains how we collect, use, disclose, store and treat your personal information and the rights and options you have in this respect.

We are also subject to obligations under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) (AML/CTF Act), the Anti-Money Laundering and Counter-Terrorism Financing Rules 2025 (Cth) (AML/CTF Rules) and guidance issued by the Australian Transaction Reports and Analysis Centre (AUSTRAC) (together, the AML/CTF Framework) where we provide, or reasonably anticipate providing, certain services designated under the AML/CTF Act (Designated Services). This Privacy Policy also explains how we handle personal information we collect, use and disclose for the purposes of, or in connection with, our obligations under the AML/CTF Framework. 

‘Personal Information/Data’ is the information we hold that is identifiable as being about you.

2. Our AML/CTF obligations

We are a law practice that provides, or may provide, Designated Services within the meaning of the AML/CTF Act. These may include: assisting clients to plan or execute the purchase, sale or transfer of a business; assisting with the creation or restructuring of a body corporate or legal arrangement (such as a company or trust); and receiving, holding, controlling or managing client money or property while assisting with, or acting in, a transaction.

Where we prepare to provide, provide, or reasonably anticipate that we may provide, a Designated Service, we are required by law to collect and verify certain information before and during the provision of that service (KYC Information). KYC Information may include: your identity (including your name, date of birth, residential address and government-issued identification documents); the identity of any person on whose behalf you are receiving the service, or who is acting on your behalf (including their authority to act); if you are not an individual, the identity of your beneficial owners; whether you, a beneficial owner or a person acting on your behalf is a politically exposed person or a person designated for targeted financial sanctions; information about your source of funds and source of wealth; the nature and purpose of the business relationship or transaction; and any other matter specified in the AML/CTF Rules.

Under APP 2, you generally have the option of interacting with us anonymously or by using a pseudonym where it is lawful and practicable to do so. However, this is not possible where we are required to verify your identity under the AML/CTF Framework.

3. Collection of Personal Information/Data

TM Legal Atelier® will, from time to time, receive and store the personal information you enter on our website, provide to us directly, or provide in other forms. We will only collect personal information that is reasonably necessary for us to provide services to you or that we are required or authorised by law to collect, including under the AML/CTF Framework.

You may provide basic information such as your name, job title, postal address, including your home address, business address, telephone number, mobile phone number, and email address, as well as relevant business information necessarily processed in a client matter, such as instructions given, payments made and so on.

Where we provide, or reasonably anticipate providing, Designated Services, we are required by law under the AML/CTF Act to collect and verify KYC Information, and we may be prohibited from providing those services if we cannot do so. We may also collect sensitive information, such as information about an individual’s criminal record, or biometric information used for the purpose of automated identity verification, where this is required for compliance with the AML/CTF Framework or is otherwise permitted by law. We may conduct ongoing monitoring of transactions and client information to comply with our AML/CTF obligations, and we may infer information about you from your engagement with us and your activities.

If legally required for compliance purposes, information about relevant and significant litigation or other legal proceedings against you or a third party related to you and interaction with you, which may be relevant for antitrust purposes.

Where practicable, we will collect personal information directly from you. If we collect personal information about you from a third party, we will take reasonable steps to notify you in accordance with APP 5.

Additionally, we may also collect any other information you provide whilst interacting with us. This includes personal information you provide to us when creating comments, tweets, posts, reviews, testimonials or other user-generated content or information (User Content). Please be aware that User Content you post publicly may contain personal information that will be visible to others. We recommend you exercise caution when posting personal information in public forums.

4. How we collect your Personal Information/Data

We may collect personal information from you in a variety of ways, including when you or your organisation interacts with us electronically or in person; when you or your organisation seek legal advice from us or use any online client services; or when you or your organisation browse, makes an enquiry or otherwise interacts on our website.

In some circumstances, we collect personal data about you from a third-party source. For example, we may collect personal data from your organisation, other organisations with whom you have dealings, government agencies, a credit reporting agency, and/or an information or service provider or from a publicly available record.

If we use a credit reporting body or other electronic identity verification service to verify your identity for the purposes of the AML/CTF Framework, we will obtain your express consent before doing so and will offer you an alternative means of verification (for example, certified copies of your identification documents). We will provide you with a collection notice at or before the time we collect your personal information for AML/CTF purposes or, if that is not practicable, as soon as practicable afterwards.

5. Are you required to provide Personal Information/Data?

As a general principle, you will provide your personal data voluntarily. There are circumstances in which we cannot take action without certain of your personal data, for example, because this personal data is required to process your instructions or orders, provide services to you, or to provide you with access to a blog or our electronic Atelier Briefings emails, or to carry out a legally required compliance screening. In these cases, it will unfortunately not be possible for us to provide you with what you request without the relevant personal data, and we will notify you accordingly.

In particular, if you do not provide the KYC Information we request, or we are unable to verify your identity as required under the AML/CTF Framework, we may be unable to provide you with Designated Services and/or to comply with our legal obligations.

6. Use of your Personal Information/Data

We may use Personal Information/Data collected from you to provide you with information, updates and services, including the following purposes (Permitted Purposes): 

  • Providing legal advice or other services or things you may have requested, including on-line services or solutions as instructed or requested by you or your organisation;

  • Managing and administering your or your organisation's business relationship with us, including processing payments, accounting, auditing, billing and collection;

  • Compliance with our legal obligations (such as record keeping obligations), compliance screening or recording obligations (e.g. under antitrust laws purposes);

  • Complying with our obligations under the AML/CTF Framework, including undertaking initial and ongoing customer due diligence, verifying identity, monitoring transactions, keeping records and making reports to AUSTRAC;

  • To analyse and improve our services and communications to you;

  • For insurance purposes;

  • For monitoring and assessing compliance with our policies and standards;

  • To comply with court orders and exercises and/or defend our legal rights;

  • To communicate with you to keep you up to date on the latest legal developments, including subscribing you to our Atelier Briefings emails;

  • For our own marketing purposes; and

  • For any purpose related and/or ancillary to any of the above or any other purpose for which your personal data was provided to us.  

Where we collect sensitive information for the purposes of the AML/CTF Framework, we will only use or disclose it for the primary purpose for which it was collected, or for a secondary purpose that is directly related to the primary purpose and that you would reasonably expect, or as otherwise required or authorised by law.

With regard to direct marketing communications, you have the right to opt-out at any time by contacting us at support@tmlegalatelier.com.au or by using the unsubscribe mechanism provided in our marketing communications. We will process your opt-out request within 7 days of receipt.

Additionally, if you post your User Content with any personal information, including identifying information such as location or name, you consent to us using that information with your User Content for advertising and promotional purposes, or other related business purposes. You may withdraw this consent at any time by contacting us at support@tmlegalatelier.com.au.

7. Disclosure of your Personal Information/Data

We may disclose your Personal Information/Data in the following circumstances:

  • If you are a client, we may disclose your personal data to Barristers, other legal specialists (including mediators), consultants or experts engaged in your matter.

  • If we have collected your personal data in the course of providing legal services to any of our clients, we may disclose it to that client, and, where permitted by law, to others for the purpose of providing those services.

  • We may share your personal data with companies providing services for money laundering checks, credit risk reduction and other fraud and crime prevention purposes and companies providing similar services, including financial institutions, credit reference agencies and regulatory bodies with whom such personal data is shared. This may include contracted service providers that support our customer due diligence and identity verification processes associated with complying with our obligations under the AML/CTF Framework. We will take reasonable steps to ensure such providers protect your personal data appropriately and do not use or disclose it for any other purpose (other than as required by law).

  • We may disclose your personal data to AUSTRAC and other government agencies without your knowledge or consent where we are required or authorised to do so under the AML/CTF Framework, including where we form a suspicion about a matter or transaction. We are prohibited by law from notifying you of certain disclosures made to AUSTRAC (including suspicious matter reports), and may be prohibited from notifying you of disclosures to other government agencies or authorities.

  • We may share your personal data with courts, law enforcement authorities, regulators or attorneys or other parties where it is reasonably necessary for the establishment, exercise or defence of a legal or equitable claim, or for the purposes of a confidential alternative dispute resolution process.

  • We may disclose your personal data to any of our employees, officers, insurers, professional advisers, agents, suppliers or contractors insofar as reasonably necessary for the purposes set out in this Privacy Policy.

  • Otherwise, we will only disclose your personal data when you direct us or give us permission, when we are required by applicable law or regulations or judicial or official request to do so, or as required to investigate actual or suspected fraudulent or criminal activities.

Nothing in this Privacy Policy limits our duties of confidentiality or client legal privilege. However, there may be circumstances in which we are compelled to disclose confidential information to AUSTRAC or other government agencies under the AML/CTF Framework.

Information that we collect may from time to time be stored, processed in or transferred to countries outside of Australia, depending on our service providers. Where we disclose personal information to overseas recipients, we will take reasonable steps to ensure the overseas recipient does not breach the APPs in relation to that information, which may include ensuring they are subject to law or binding schemes substantially similar to the APPs, or obtaining your consent to the disclosure after informing you that APP 8.1 will not apply. We remain accountable for any breaches of the APPs by overseas recipients unless an exception under APP 8.1 or 8.2 applies.

If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer, to the extent permissible at law, our user databases, together with any personal information and non-personal information contained in those databases. Where reasonably practicable, we will notify you before your personal information is transferred and becomes subject to a different privacy policy. This information may be disclosed to a potential purchaser under an agreement to maintain confidentiality and comply with privacy obligations equivalent to those in this Privacy Policy. The purchaser will be required to continue to handle your personal information in accordance with the APPs. We would seek to only disclose information in good faith and where permitted by law.

By providing us with personal information, you consent to the terms of this Privacy Policy and the types of disclosure covered by this Privacy Policy. Where we rely on your consent, you may withdraw your consent at any time by contacting us at support@tmlegalatelier.com.au. When we disclose your personal information to third parties, we will take reasonable steps to ensure that the third party is bound by obligations to protect your personal information in accordance with the APPs.

8. Personal data about other people that you provide to us

If you provide personal data to us about someone else (such as one of your directors or employees, or someone with whom you have business dealings, or a beneficial owner or a person acting on your behalf for the purposes of our KYC Information requirements) you must ensure that you are entitled to disclose that personal data to us and that, without our taking any further steps, we may collect, use and disclose that personal data as described in this Privacy Policy. In particular, you must ensure the individual concerned is aware of the various matters detailed in this Privacy Policy, as those matters relate to that individual, including our identity, how to contact us, our purposes of collection, our personal data disclosure practices (including disclosure to overseas recipients), the individual's right to obtain access to the personal data and make complaints about the handling of the personal data, and the consequences if the personal data is not provided (such as our inability to provide services).

9. Keeping personal data about you secure

TM Legal Atelier® is committed to ensuring the information you provide to us is secure. We will take appropriate technical and organisational measures to keep your personal data confidential and secure, in accordance with our internal procedures covering the collection, storage, use, disclosure, and access to personal data. Personal data may be stored in our systems, our contractors' systems, or internal hard copy files. These measures include staff education and training on privacy obligations, administrative and technical controls that restrict access to personal data to those who need it, and technological security measures, including firewalls, encryption and anti-virus software.

The transmission and exchange of information is carried out at your own risk. We cannot guarantee the security of any information that you transmit to us or receive from us. Although we take reasonable steps to safeguard against unauthorised disclosures of information in accordance with APP 11.1, we cannot provide absolute assurance that personal information will never be disclosed in an unauthorised manner. In the event of a data breach that is likely to result in serious harm to any individuals whose personal information is involved, we will comply with our obligations under the Notifiable Data Breaches scheme, including notifying affected individuals and the Office of the Australian Information Commissioner as required by law.

10. Access to, and updating, your Personal Information/Data

You may request access to personal information that we hold about you in accordance with APP 12 and the provisions of the Privacy Act 1988 (Cth). We will respond to your request within a reasonable period (usually within 30 days). We will not charge you for making a request, but may charge a reasonable fee for giving access if a substantial amount of time is required to locate, compile or provide the information. We will notify you of any applicable charges before processing your request. If you would like to access the personal information we hold about you or believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us at support@tmlegalatelier.com.au.

We may refuse to provide you with access to your personal information in certain circumstances as set out in the Privacy Act 1988 (Cth), including where: (a) giving access would be unlawful; (b) denying access is required or authorised by law; (c) giving access would be likely to prejudice law enforcement activities, legal proceedings, or negotiations; (d) giving access would reveal our commercially sensitive decision-making processes; (e) giving access would be likely to prejudice enforcement activities; or (f) giving access would pose a serious threat to life, health or safety. If we refuse your request for access, we will provide you with written reasons for the refusal (except to the extent it would be unreasonable to do so) and inform you of the mechanisms available to complain about the refusal.

11. Complaints about privacy

If you have any complaints about our privacy practices, please sent details of your complaints to us by email at support@tmlegalatelier.com.au. We take complaints very seriously and will acknowledge receipt of your complaint within 7 days and investigate and respond to your complaint within a reasonable period (usually within 30 days). If you are not satisfied with our response, you have the right to make a complaint to the Office of the Australian Information Commissioner (OAIC) by calling 1300 363 992, visiting www.oaic.gov.au, or writing to GPO Box 5218, Sydney NSW 2001.

12. For how long do we retain your Personal Information/Data?

Your Personal Information/Data will be deleted after a 7 year period when we are not legally required to retain it. In particular, KYC Information and records relating to Designated Services and related transactions are retained for at least seven years after the end of the relevant business relationship or the completion of the relevant transaction (as applicable), as required by the AML/CTF Framework. When we consider that personal information is no longer needed for any purpose for which it may be used or disclosed under this Privacy Policy, and we are not required by law or a court order to retain it, we will take reasonable steps to destroy or de-identify that information.

We will, in particular, retain your personal data where required for us to assert or defend against legal claims until the end of the relevant retention period or until the claims in question have been settled.

13. Changes to Privacy Policy

Please be aware that we may change this Privacy Policy in the future. We may modify this Privacy Policy at any time, in our sole discretion. Where changes are material and may affect how we handle your personal information, we will take reasonable steps to notify you in accordance with APP 1.5, which may include posting a prominent notice on our website, sending you an email notification, or other appropriate means. Material modifications will be effective 30 days after we provide notice of the changes. For non-material administrative changes, modifications will be effective immediately upon posting on our website. We will update the ‘Last Updated’ date at the bottom of this Privacy Policy when changes are made. Please check back from time to time to review our Privacy Policy.

If you require a copy of this Privacy Policy in a particular form (for example, large print or an accessible PDF), please contact us at support@tmlegalatelier.com.au and we will take reasonable steps to provide it free of charge.

14. When you visit our Website

When you access our website, www.tmlegalatelier.com.au, we may collect information including, but not limited to, your browser type, operating system, the website you visited prior to ours, IP address, pages accessed, time and date of visit, and other technical details. This data may be gathered through cookies, web beacons, and similar technologies. Although this information may not personally identify you when viewed independently, it may be considered personal information under the Privacy Act 1988 (Cth) if capable of being linked to you. We use this information in an aggregated form to analyse site usage, enhance our services, and improve user experience.

15. Cookies

Our website may occasionally use cookies, which are small files that help identify you upon returning to our site and store details about your usage. Cookies are not harmful programs that access or damage your system. Most browsers automatically accept cookies, but you can opt to reject them by modifying your browser settings, which may affect your ability to use our website fully. Cookies may be used to analyse web traffic and improve the visitor experience. Additionally, cookies might be used to serve relevant advertisements through third-party services like Google Ads. These ads may be displayed on our website or other websites you visit..

16. Third-party sites

Our website may include links to third-party websites not owned or controlled by us. These links are provided for your convenience and do not imply sponsorship, endorsement, or approval of these sites. Be aware that TM Legal Atelier® is not responsible for the privacy practices of other websites. We advise users to read the privacy policies of each site that collects personally identifiable information when leaving our website.

Last updated 11 July 2026.