Privacy Policy
Johnson Winter Slattery ABN 70 843 523 318 and Johnson Winter Slattery (SA) ABN 48 455 961 217 (referred to as "JWS", "we" and "us") act as solicitors for the applicants in the class actions in the Federal Court of Australia against Hyundai Motor Company Australia Pty Limited and Hyundai Motor Company (Action no. NSD 131 of 2023) and against Kia Australia Pty Ltd and Kia Corporation (Action no. NSD 132 of 2023) (“Actions”) and operate this website (“Website”).
This privacy policy is specific to personal information collected through this Website, and through other means from applicants in the Actions. For information on our privacy practices in general please contact us using the contact details below.
We recognise that the privacy of your personal information is important to you and are committed to protecting the privacy of any personal information they collect from you. Unless you give us your consent to do otherwise, we will only collect, use and disclose your personal information in accordance with this Privacy Policy.
JWS abide by the Australian Privacy Principles ("APPs") under the Privacy Act 1988(Cth). This Privacy Policy outlines how we will handle and manage your personal information. You can obtain information about the Australian Privacy Principles (“APPs”) and your privacy rights at the website of the Office of the Australian Information Commissioner at https://www.oaic.gov.au/privacy.
1. What information do we collect?
Through the Website, we may collect personal information that is necessary for us to act as solicitors for the applicants, and in the interests of group members, in the Actions. Personal information is any information that can be used to identify you and may include:
• your name, address, occupation and contact details (address, telephone numbers and email address);
• information about motor vehicles owned, leased or otherwise acquired by you which may be the subject of the Actions (your “Vehicle”);
• other personal information you may disclose to us when you give us instructions or request a service from us, or which is contained in communications between you and us.
Where relevant we, or third parties engaged by us, may ask you for other information, for example, further information about your Vehicle, in the course of acting for the applicants in the Actions or corresponding with you in relation to one or other of the Actions.
2. How do we collect and hold your personal information?
We usually collect personal information in the following ways:
• Directly from you, either in person, in documents, by email or via the this Website;
• From third parties, such as your family members, business associates, business counterparties or your employer; and
• From publicly available resources.
We hold personal information in hard copy and electronic files.
3. Collection of information from the Website
When using the Website you may voluntarily disclose personal information to us. The server hosting the Website may automatically record details such as your internet address, domain name if applicable, and the date and time of your visit to our website. This information is used for internal purposes only, including statistical purposes.
We will not try to identify users or their browsing activities except as necessary to investigate or report any suspected unlawful activity, as required or authorised by law or as reasonably necessary for the activity of an enforcement body.
The Website uses cookies, which may collect personal information. Cookies are pieces of data stored on your browser that record information on your use of the Website, such as details of your server and your browsing activity, and send the information to the server. We use these cookies to monitor usage of the Website only. You may be able to change the settings of your browser so that cookies are not accepted generally or that you are provided with options to accept or reject them as they are sent to your browser. You might not be able to use the full functionality of the Website by refusing the use of cookies.
4. Why do we collect personal information and what are the consequences of not providing us with the information requested?
Through this Website, we collect personal information about you in order for us to act as solicitors for, to provide services to, and to meet our obligations to, the applicants in the Actions and to the court.
5. How do we use your personal information?
We use personal information primarily to provide legal and associated services to the applicants in the Actions. We may also use personal information to:
• communicate with you in relation to the Actions;
• act as solicitors for the applicants in the Actions (including to instruct experts who may be retained to give evidence in the Actions);
• meeting any relevant legal requirements in relation to the Actions and otherwise; and
• for other purposes related to the matters set out above.
6. To whom do we disclose personal information?
We will only disclose personal information for the purpose for which it was collected or in the following circumstances:
• internally to partners and staff of our firm;
• subject to our obligations to clients, to any person where necessary or desirable in connection with the provision of our services in and related to the Actions, such as to the applicants and experts where required for the purposes of progressing the Actions;
• to external service providers so they can provide us services related to our business, for example mailing services, IT services, website hosting services, data storage or archive services, in relation to the Actions;
• to barristers and other legal representatives involved in the Actions;
• to the funder of the Actions, Woodsford, on a confidential basis;
• where required or authorised by law;
• where you consent to the disclosure.
Where applicable we may rely the related bodies corporate exemption that isavailable to us under the Privacy Act when using or disclosing personal information.
7. Cross-border disclosure of personal information
We use the services of various service providers to collect and store personal information including service providers located overseas. For example, your personal information will be collected via the Website which is hosted by our service provider located in the USA, and your data will be held by another service provider located in the USA. Both of these service providers use third party data storage services using servers located in various countries around the world from time to time.
We have an obligation ("the Obligation") to take reasonable steps, in the circumstances, before disclosing personal information to an overseas recipient to ensure that the overseas recipient does not breach privacy laws in relation to that information. Accordingly, we have sought to include appropriate provisions in our agreements with our service providers.
8. How secure and accurate is your personal information?
We will take reasonable steps to ensure that all personal information we hold is:
• accurate, complete, up-to-date, relevant and not misleading;
• stored in a secure environment; and
• protected from misuse, interference and loss as well as unauthorised access, modification or disclosure.
Our staff with access to such information are subject to obligations of confidentiality.
If any of your details change, please let us know as soon as possible by using the contact details below so we can maintain the accuracy of your personal information.
9. How can you access and correct your personal information?
You have a right to access personal information we hold about you. We will comply with any request to access your personal information that you send us by email at privacy@jws.com.au except where the Privacy Act 1988 (Cth) (including the APPs) allow us to refuse to do so. There is no fee for making a request to access your personal information but we may charge a fee for giving you access to your personal information in a mutually agreed format, usually by sighting the accessible information held on file. You also have the right to ask us to correct information about you that is inaccurate, incomplete, out-of-date, irrelevant or misleading. If we refuse to correct your personal information as requested, we must:
• notify you in writing of the reasons for the refusal (unless it would be unreasonable to do so) and how to complain of the refusal; and
• upon request from you that we associate a statement that the information is inaccurate, incomplete, out-of-date, irrelevant or misleading, take such steps are as reasonable in the circumstances to associate such a statement so that it will be apparent to users of the information.
10. Sensitive information
We do not intend to collect any personal information that is "sensitive information"through the Website. Sensitive information includes: information relating to a person’s racial or ethnic origin, political opinions, membership of a political association, religious beliefs or affiliations, philosophical beliefs, trade union or other professional or trade association membership, sexual preferences and criminal record that is also personal information; health information and genetic information about an individual.
11. Links to other websites
Sometimes the Website may contain a link to third party websites. We are not responsible for the content or material contained in, or obtained through, any third party website or for the privacy practices of the third party website. We suggest that you review the privacy policy of each website that you visit.
12. How can I contact JWS?
If you have any questions or complaints about how we handle your personal information, you can contact our Privacy Officer on 02 8274 9553 during business hours, email (privacy@jws.com.au) or in writing at the address below.
Johnson Winter Slattery
Level 14, 50 Bridge Street
SYDNEY NSW 2000
We will consider and respond to any requests and any complaint notified to us within 21 days. We will always endeavour to resolve any complaint to your satisfaction.
13. Australian Information Commissioner
If you are not satisfied with the way in which we handle your enquiry or complaint, you can contact the Office of the Australian Information Commissioner on Tel: 1300 363 992 or email: enquiries@oaic.gov.au.
14. Changes to this Privacy policy
This is our current Privacy Policy for this Website. This Policy replaces any other privacy policy published by us to date on this Website. We may vary this policy from time to time. We encourage you to review this Website regularly to ensure that you are aware of our current Privacy Policy.