Johnson Winter Slattery is the trading name used by two associated partnerships, namely Johnson Winter Slattery (ABN 70 843 523 318) and Johnson Winter Slattery (SA) (ABN 48 445 961 217). JWS Services Pty Limited ATF JWS Services Trust (ABN 73 829 311 676) is an associated services entity providing administrative and support services to the partnerships. Any reference in this notice to we, our, us, the firm or JWS is a reference to each of those associated partnerships and the associated service entity, that collectively operate a law firm and together comprise an AML/CTF reporting group. This privacy collection notice outlines, in respect of our client due diligence processes, why we collect your personal information, what information we collect, how we collect it and who we share it with.
Clients and any persons providing personal information to JWS on a client’s behalf must ensure to obtain all necessary consents from and provide all necessary notices to any individuals whose information will be provided to or collected by JWS, including promptly distributing this privacy collection notice to those individuals.
Why we need to collect your information
We collect your personal information to comply with the ‘Customer Due Diligence’ requirements in the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (AML/CTF Act). This includes to:
- establish and verify your identity before providing certain services to you or the person you beneficially own or are acting on behalf of;
- assess and manage potential money laundering, terrorism financing proliferation financing risks or related compliance risks associated with the provision of our services;
- make reports required by law under the AML/CTF Act; and
- meet record keeping obligations under the AML/CTF Act.
What personal information we collect
The personal information we collect to enable us to comply with our AML/CTF obligations differs from person to person depending on the circumstances and the type of identity documentation verified. We may collect the following types of personal information in connection with client due diligence:
- your full name, gender, date and place of birth, country of residence and nationality;
- your contact details (address, email and phone);
- current and prior businesses, industries, occupations, company affiliations, roles, titles, biography, education and unincorporated businesses;
- current and prior directorship details, including director ID numbers and any disqualification;
- your family and other relationships;
- photo ID and unique identifier such as a passport, national ID or driver’s licence number, relevant expiry dates and class where applicable, and other information identifiable from scanned ID documents such as photographs and organ donor status;
- information obtained from sanctions’ lists, politically exposed persons’ lists, monitoring services, screening services, fraud-prevention services and document verification services;
- services and transactions obtained, offered and supplied including usage history, including information about the time, place, and circumstances of our interactions with you;
- information regarding source of wealth, source of funds and the nature and purpose of the business relationship or transaction, as applicable; and
- other information about you available in public records or that you provide to us or our third party service providers.
We may also collect the following sensitive information in the process of verifying your identity or occupation or determining whether you are a politically exposed person:
- details of your political affiliations, opinions and exposure; membership of or involvement with political, professional or trade associations; religion and religious beliefs; sanctions and unlawful activities, including terrorism and other criminal activities.
We may infer information about you from your engagement with us and your activities. We may conduct ongoing monitoring of transactions and client information to comply with our obligations under the AML/CTF Act and regulations and rules under it.
How we collect your information
We will generally collect your personal information:
- directly from you, your employer, or the person or entity you beneficially own or are acting on behalf of;
- from global risk assessment firm Moody’s and its related entities via their corporate database Orbis and screening and risk monitoring database Grid. Moody’s privacy policy is available on its website;
- from third party identity verification and screening service APLYiD. APLYID’s privacy policy is available on its website;
- from government databases such registers of companies, trusts, or public records (such as court records, regulatory filings land registries; and
- from public search engines.
Who we may share your information with
We may disclose your personal information to third-parties to assist us and our related entities with AML/CTF obligations including screening, identity verification and storage. We may also disclose your personal information to third party external service providers so they can provide us with services related to our business, for example mailing services, IT services, cloud services, data analytics and risk assessment services, data storage/hosting or archive services. While JWS is an Australian firm, some of the aforementioned third parties may be located overseas, and your personal information may be disclosed to such overseas locations which may include but are not limited to New Zealand, countries of the European Union, the United Kingdom, Singapore, India, the United States of America, Canada, Japan, Philippines, South Africa, Mexico, Lebanon, Tunisia and Botswana.
Each or any of us may also share your personal information with AUSTRAC or another entity in our AML/CTF reporting group to meet our legal and regulatory obligations under the AML/CTF Act and any rules or regulations made under it.
What happens if we cannot collect your information
If you do not provide us with sufficient personal information, we may not be able to verify your identity, to comply with our obligations under the AML/CTF Act and to provide you (or your employer or the person you beneficially own or are acting on behalf of) with the services you have requested. The amount and type of information that is sufficient to verify your identity and/or enable us to comply with our AML/CTF obligations may differ depending on the particular circumstances.
Your privacy rights and our privacy policy
Our privacy policy contains further information about how we will handle your personal information and how you can access and correct your personal information. It also outlines how to lodge a complaint and how that complaint will be managed if you are concerned about how we have handled your information. A copy of that policy is available on our website at www.jws.com.au.
How to contact us about your privacy
If you have any questions or complaints about how we handle your personal information, you can contact our Privacy Officer on +61 2 8274 9553 during business hours, via email privacy@jws.com.au or in writing at the address below:
Johnson Winter Slattery
Attention: Privacy Officer
GPO Box 9831
Sydney NSW 2000.