1. Our Commitment
Coulter Roache Lawyers Pty Ltd (ACN 158 939 514) and its related entities (“Coulter Roache”) are committed to maintaining the privacy and confidentiality of our client’s (“you”) personal information.
Coulter Roache is an ‘APP entity’ within the meaning of the Privacy Act 1988 (Cth) (“Privacy Act”), which means it is obliged to adhere to the Australian Privacy Principles when collecting, using and disclosing personal information.
2. Your Personal Information
Personal information is information or an opinion about an identified or reasonably identifiable individual (“Personal Information”).
Coulter Roache respects the importance of your privacy and acknowledges that when you provide your Personal Information, you do so, on the provision that unless you give Coulter Roache permission Coulter Roache will only collect, use and disclose your Personal Information in accordance with the Privacy Act.
3. Your Sensitive Information
Coulter Roache will not collect Sensitive Information about you except with your consent or only where it is reasonably necessary to collect such information or required by law. Coulter Roache will notify you as soon as practicable should it obtain or require Sensitive Information about you.
The type of Sensitive Information Coulter Roache may collect from you includes your criminal history (if any) and medical information.
4. Collection and Storage
Coulter Roache collects Personal Information about individuals, where the information is necessary to conduct its business.
4.1 Kinds of Personal Information collected
The type of personal information Coulter Roache collects is the following details about you:
(b) residential address;
(c) date of birth;
(e) bank details;
(f) employment or business;
(g) associations and affiliates, including trusts and companies;
(h) contact details, including email address and telephone numbers;
(i) relationships with individuals, including family members, friends and professionals;
(j) financial information;
(k) information about your legal matter;
(l) information collected via electronic communications and cookies, which may include internet protocol addresses, the time, date and place of the communication.
4.2 Collection of Personal Information
The Personal Information is collected when you:
(a) provide it to Coulter Roache;
(b) visit and browse Coulter Roache’s website;
(c) interact with Coulter Roache electronically, via social media (including Facebook, Instagram and Twitter); or
(d) contact Coulter Roache by email, telephone or facsimile.
4.3 Collection from third parties
Coulter Roache may collect Personal Information from a third party where:
(a) the third party is Coulter Roache’s Related Bodies Corporate (as defined in the Corporations Act 2001 (Cth)), business partners, employees, contractors, credit reporting bodies, or your representatives; or
(b) you have consented to the collection of the information; or
(c) Coulter Roache is required, or authorised under Australian law, court/ tribunal, to do so; or
(d) it is unreasonable or impracticable to obtain the information from you; or
(e) the information is publicly available.
5. Purpose of collection
Coulter Roache will collect the Personal Information for its Primary and Secondary Purposes.
Coulter Roache will not use your Personal Information for a purpose other than the Primary and Secondary Purposes, unless permitted by you or the law.
6. Use and Disclosure
Coulter Roache will only use your Personal Information for the Primary and Secondary Purposes, unless otherwise required by law.
In particular, Coulter Roache may:
(a) use the Personal Information to verify your identity;
(b) use the Personal Information to provide its products or services to you, to assist you with enquiries, or to provide you with better customer service;
(c) use the Personal Information to administer and manage the products and services Coulter Roache provides to you, to charge and bill you for them, and to collect any amounts you may owe Coulter Roache;
(d) reproduce and store the Personal Information for the Primary or Secondary Purposes; or
(e) share your Personal Information internally, or to Related Bodies Corporate, or with its contractors or other service providers, for the Primary and Secondary Purposes.
Coulter Roache may use your Personal Information to send you marketing. When you receive Coulter Roache’s marketing, Coulter Roache will provide you with an option to opt out of receiving future direct marketing. If you do not elect to opt out of receipt of future marketing, Coulter Roache may continue to send you marketing until you opt out.
9. Data Quality and Security of your Personal Information
Protecting your Personal Information is a priority for Coulter Roache. Coulter Roache may hold your Personal Information in electronic and physical files or on secure servers, storage and archive systems, including the Cloud, and take reasonable steps to ensure that your Personal Information is protected.
It is important to Coulter Roache that the Personal Information it maintains and uses is accurate, complete and up-to-date. If at any time your Personal Information changes, contact the Privacy Officer on the details below so that it can update Coulter Roache’s records.
The Personal Information Coulter Roache holds about you is treated confidentially and is only accessed when necessary. Whilst Coulter Roache takes caution to protect your Personal Information, no data transmission over the internet or electronically can be completely secure. Once Coulter Roache has received your Personal Information, Coulter Roache will take all appropriate measures to use procedures, programs and passwords to ensure that the information on its systems is secure. Coulter Roache will take reasonable steps to protect the Personal Information it retains from misuse, loss and from unauthorised access, modification or disclosure.
Coulter Roache will not be liable for any loss, corruption, delay or loss of confidentiality arising from any data or information transmitted electronically if it has followed appropriate virus checking and privacy procedures.
You may also assist Coulter Roache to keep your Personal Information secure by ensuring appropriate back-up, security and virus check procedures are in place for any data or information provided to or received from Coulter Roache electronically. Please use your discretion and exercise caution when providing your Personal Information.
Coulter Roache will not retain any of your information for any longer than it is required by us or the law. Coulter Roache may also de-identify your information where applicable.
10. Accessing, Correcting and Deleting Your Personal Information
You may request access to Personal Information that Coulter Roache holds about you at any time. However, this right of access is subject to some exceptions permitted by law. To make a request, please put your request in writing to the Privacy Officer using the contact details below.
In normal circumstances Coulter Roache will give you full access to the Personal Information held about you as soon as practicable, subject to and in accordance with the Privacy Act. However, in some circumstances Coulter Roache may require proof of identity, impose a charge or deny your request if it would be unreasonable to provide you with access, or would impact on the privacy of another person.
Coulter Roache reserves the right to charge a fee for searching for and providing access to your Personal Information. In the event Coulter Roache refuses you access to your Personal Information, Coulter Roache will provide you with an explanation for that refusal.
You may deal with Coulter Roache anonymously where it is lawful, practicable and reasonable to do so.
You can request that information about you be corrected or deleted. However, Personal Information may be retained in certain files in order to resolve disputes or for auditing purposes. Some Personal Information may also be retained in Coulter Roache’s technical systems in accordance with its data security procedures.
11. Changes to this Policy
If you believe there has been a breach of your privacy, you may make a complaint by advising the Privacy Officer in writing, using the contact details below. Coulter Roache will respond to your complaint within a reasonable period of time.
If the complaint cannot be resolved, you may refer your complaint to the Office of the Australian Information Commissioner.
13. Governing Law
15. Contact Details of Privacy Officer
Privacy Officer: Tom White
Address: Level 1, 235 Ryrie Street, Geelong, Victoria, Australia 3220
Phone: 03 5273 5271
16. Glossary of Terms
Primary Purposes means conducting the business of Coulter Roache, including supplying its products and services to you.
Secondary Purposes means matters incidental to conducting the business of Coulter Roache, including:
(a) business marketing;
(b) data use and collection for internal business purposes;
(c) storage and security of the information;
(d) debt collection;
(f) complying with the law.
Sensitive information means information or an opinion about an individual’s:
(a) racial or ethnic origin;
(b) political opinions;
(c) membership of a political association;
(d) religious beliefs or affiliations;
(e) philosophical beliefs;
(f) membership of a professional or trade association;
(g) membership of a trade union;
(h) sexual orientation or practices;
(i) criminal record;
(j) health information;
(k) genetic information; or
(l) biometric information or templates.