1.1 Tomlinson
Law (“we”, “us”,
“our”, “the
firm”) is committed to protecting
the privacy of our clients, prospective
clients, website visitors, job
applicants, and other individuals
whose personal information we
hold. This Privacy Policy explains
how we collect, use, store, disclose,
and protect personal information
in accordance with the Privacy
Act 2020, as amended by the Privacy
Amendment Act 2025 (“the
Act”), including the thirteen
Information Privacy Principles
(“IPPs”) and new IPPA
3A relating to the direct collection
of personal information.
1.2 In this
Privacy Policy, “Personal
Information” (defined in
section 7 of the Act) means information
about an identifiable individual.
Tomlinson Law collects and stores
Personal Information for the purpose
of conducting Tomlinson Law’s
business, to meet our legal obligations,
and to market Tomlinson Law’s
services.
1.3 This Privacy
Policy applies to all Personal
Information collected and stored.
However, nothing in this Privacy
Policy limits or overrides our
obligations of confidentiality
and legal professional privilege
owed to clients, or any rights
or obligations we have under other
legislation such as the Lawyers
and Conveyancers Act 2006.
2. Collecting
Personal Information
2.1 Generally,
Tomlinson Law will collect Personal
Information from you directly
by email, phone, virtual meetings,
or face-to-face meetings. Depending
on the nature of your relationship
with Tomlinson Law, the Personal
Information we will collect from
you may include, but is not limited
to:
(a) Your full legal name;
(b) Your residential address,
email address and phone number;
(c) Your date of birth and country
of birth;
(d) Your occupation;
(e) Evidence of source of funds
/ source of wealth; and
(f) Any other information which
assists us in conducting our business,
and providing you with legal services.
2.2 Tomlinson
Law may also collect Personal
Information from:
(a) third parties (e.g. Companies
Office register) where this information
is publicly available; and
(b) third parties (e.g. your accountant
/ your lawyer) where this information
relates directly to being able
to act for you.
2.3 From 1 May
2026, in accordance with IPP 3A,
where we collect your personal
information from a source other
than you, we will take reasonable
steps, as soon as practicable
to notify you of this. However,
we may not notify you of indirect
collection where an exception
under IPP 3A applies, including
where:
(a) you have already been made
aware of the relevant matters
(including through this Privacy
Policy or our terms of engagement);
(b) notification would prejudice
the purpose of collection, or
the maintenance of the law (including
the prevention, detection, investigation,
prosecution, or punishment of
offences);
(c) notification is not reasonably
practicable in the circumstances;
(d) the information will not be
used in a form that identifies
you;
(e) notification would breach
an obligation of confidence, or
would reveal information that
is legally privileged;
(f) the information is collected
under an information matching
agreement or another statutory
exception applies;
(g) non-compliance is necessary
to avoid prejudice to your interests
or would involve disproportionate
effort.
2.4 In some instances,
if you do not provide Tomlinson
Law with the required Personal
Information, Tomlinson Law may
not be able to act for you.
3. Use
of Personal Information
3.1 Tomlinson
Law will always use and disclose
your Personal Information in accordance
with this Privacy Policy and the
Act.
3.2 Tomlinson
Law will use your Personal Information
to verify your identity, determine
ownership and liability, provide
services to you, undertake credit
checks (if necessary), bill you
and collect money that you owe
us (which may, if necessary, include
disclosing your Personal Information
to debt collectors), to respond
to communications from you, and
for any other purpose authorised
by you or the Act.
3.3 To the extent you provide
us with an email address, you
agree that Tomlinson Law may send
you unsolicited electronic messages.
4. Sharing
Personal Information
4.1 Tomlinson
Law will not sell, rent, or lease
your Personal Information to third
parties. There are, however, limited
situations where your Personal
Information may be disclosed to
certain third parties (e.g. regulatory
authorities or law enforcement
agencies) under another enactment.
5. Protecting
Information, Storage and Security
5.1 Tomlinson
Law will take all reasonable steps
to keep your Personal Information
safe from loss, unauthorised access
or other misuse.
5.2 All Personal
Information is stored physically
(in secured premises) or electronically
in cloud storage (requiring logins
and passwords). Only Tomlinson
Law staff are permitted to access
the Personal Information we hold.
5.3 In the event
of a privacy breach that has caused,
or is likely to cause, serious
harm to any person, Tomlinson
Law will notify the Office of
the Privacy Commissioner and the
individual(s) affected, as required
by Part 6 of the Act, unless an
exception applies (including where
notification would reveal legally
privileged information).
6. Internet
Use
6.1 Our website
may use cookies and analytics
tools to understand how visitors
use the site and to improve its
performance. We do not use this
information to identify individual
visitors except where you voluntarily
provide Personal Information (for
example, through our website online
enquiry form).
6.2 If you provide us with Personal
Information through our website
online enquiry form, that Personal
Information is sent to Stephen
Tomlinson of Tomlinson Law. While
Tomlinson Law takes reasonable
steps to maintain secure internet
connections, if you provide us
with Personal Information over
the internet, the provision of
that information is at your own
risk. Do not include any sensitive
Personal Information in online
submission forms.
7. Third
Party Websites
7.1 Our website
contains hyperlinks to third party
websites. Tomlinson Law is not
responsible for the content of
such websites, or the manner in
which those websites collect,
store, use or distribute any Personal
Information.
8. Accessing
and Correcting Your Personal Information
8.1 You have
the right to access all your Personal
Information that Tomlinson Law
holds, subject to certain grounds
for refusal set out in the Act,
and to request that your Personal
Information be updated or corrected.
9. Contact
9.1 If you would
like access to your Personal Information,
advise Tomlinson Law of any changes
to your Personal Information,
or you have any concerns about
the way in which Tomlinson Law
collects, stores or uses your
Personal Information, please contact
our Privacy Officer (Dawn Holland)
at office@tomlinsonlaw.co.nz or
on 03-377-9900. You will need
to provide evidence of who you
are to access your Personal Information.
9.2 If you are not satisfied with
our response, you may complain
to the Office of the Privacy Commissioner:
(a) Website: www.privacy.org.nz
(b) Phone: 0800 803 909
(c) Post: PO Box 10 094, Wellington
6140
10.
Policy Changes and Review
10.1 This Privacy
Policy may be updated at any time
to reflect changes in law (including
any further amendments to the
Act) or our practices. The current
version will always be available
on our website and on request.
