Potts Lawyers is a leading Queensland-based law firm. This Privacy Policy (Policy) outlines the way in which Potts Lawyers collects, holds, uses and discloses personal information.

Potts Lawyers is a leading Queensland-based law firm. This Privacy Policy (Policy) outlines the way in which Potts Lawyers collects, holds, uses and discloses personal information.

In this Policy, we, us and our means each member of the Potts Lawyers.

By using our websites, applications and services, or otherwise providing us with your information, you consent to us collecting, holding, using and disclosing your personal information as described in this Policy. If we are not able to collect, handle, use and disclose personal information about you as set out in this Policy, we may not be able to provide you with our services or with access to our websites or applications.

What personal information do we collect?

The information that we collect depends on the nature of your interactions with us. We collect both personal information and non-personal information. In this Policy, personal information has the meaning given to it in the Privacy Act 1988 (Cth), and includes information or an opinion, whether true or not, about an identified individual or an individual who is reasonably identifiable.

We may collect personal information about:

1. our clients, business associates, potential clients and their personnel;
2. other individuals in the course of acting for our clients;
3. our suppliers and their employees;
4. our employees, partners, contractors, former employees, former partners, former contractors or prospective employees, contractors or partners; and
5. other people who come into contact with a member of Potts Lawyers.

In general, the personal information we may collect, and hold includes name, date of birth, contact details (including email addresses), occupation, company name, username and password (as applicable), personal preferences, payment details (including your bank account details and/or credit/debit card details), employment history, education and qualifications, testimonials and feedback, and other information which assists us in conducting our business, providing and marketing our services and meeting our legal obligations. In some cases we may also collect ‘sensitive information’, such as information about an individual’s membership of a professional association, criminal record, witness accountants or your alleged behavior and conduct, documentary and other evidence with respect to your legal matter, employment records or health information including medical records and reports about your health.

We may ask for a copy of your drivers’ license or other official photographic document to verify your identification, as well as information and documents from you or another person nominated to pay for our services relating to directorships or financial position including bank statements, pay advices, tax documents and other financial records.  We often require this information as part of our client acceptance processes to comply with legal obligations with respect to avoiding proceeds or crime, money laundering and terrorism.

We may also collect information and process with respect to your dietary requirements, your mental and psychical health, disabilities and religion, if those matters are pertinent to the services we are providing.

We may also collect and process non-personal information provided to us by your browser when you visit our websites or use our applications, for example, the website you came from, your location information, IP address, web browser and/or device type and the time and date of access.

How do we collect and hold personal information?

We will generally collect personal information:

1. from you directly when you provide your details to us or where you expressly or impliedly authorise us to obtain information and documents from third parties, for example from health practitioners, referees or government agencies;
2. from you indirectly through emails, forms, face-to-face meetings, interviews, registration and attendance at seminars, business cards, online queries and telephone conversations, and through use of the services available through our websites, applications and social media channels (including our blogs and LinkedIn channels); and
3. from third parties in some instances, for example, we may use third parties to analyse traffic at our website, our blogs and social media channels, which may involve the use of cookies. You are able to control your browser settings to limit the collection of cookies by us; however, if you choose to disable cookies, you may not be able to use certain features of our websites. In some circumstances we may collect personal information about an individual from a third party, for example, a report provided by a medical professional or an employment reference from another person.

How do we protect personal information?

We will take reasonable steps to protect the security of personal information. Our personnel are required to respect the confidentiality of personal information and the privacy of individuals. We take reasonable steps to protect personal information held from misuse and loss and from unauthorised access, modification, or disclosure, for example by use of physical security and restricted access to electronic records.  Generally, your data will be retained for a minimum time in line with legal and regulatory retention periods which apply to the legal industry in Queensland.  Reasonable steps will be taken to destroy or de-identify personal information after the applicant retention period has passed and the information is no longer required to provide services to you.

Why do we collect, hold, use and disclose personal information?

In general, we may collect, hold, use and disclose your personal information for the primary purposes for which it was collected, including:

1. to conduct our business, including to provide you with legal services or legal information;
2. to market our products or services;
3. to communicate with you to provide or promote our products or services or to obtain feedback;
4. to purchase goods or services;
5. to help us manage, develop and enhance our services, including our websites and applications;
6. to consider the suitability of prospective employees;
7. to comply with our legal obligations; and
8. to administer, maintain, support, and provide upgrades to, our services and applications.

We may also use and/or disclose your personal information for other purposes which you consent to or which are required or permitted by law. This may include for a secondary purpose that is related to a purpose for which we collected it, and for which you would reasonably expect us to use or disclose your personal information.

If at any time you would like to unsubscribe from receiving future content, surveys, features or other marketing information or communications, we include in all electronic messages a statement to the effect that you, as the recipient, may send an unsubscribe message to us using the contact details provided in that electronic message. Otherwise, you can contact us at any time info@pottslawyers.com.au to unsubscribe or update your preferences.

Who do we disclose your personal information to?

We may disclose your personal information as necessary (including, in certain limited circumstances, your sensitive information) for the purposes for which it was collected (as described above) or where you have expressly or impliedly consented to its use or disclosure or in confidence to our own advisers and insurers or where such disclosure is authorised or required pursuant to Australian law to:

1. other members of Potts Lawyers, save for when we are precluded from doing so due to specific obligations in respect of confidentiality;

1. entities who assist us in providing our services or obtaining our own advice (including hosting and data storage providers, debt collectors. barristers, translators, accountants, tax advisers, financial planners, valuers, investigators, health professionals, insurers, lawyers appointed by ourselves or our insurers, external typists, computer to text message service providers, communications providers, social media platforms on which we have a presence, photocopy providers, document production companies, third party lawyers, government agencies and prosecutorial authorities, public Courts and Tribunals, and IT providers).

Are we likely to disclose your personal information overseas?

We may disclose your personal information to the following overseas recipients:

1. to other companies or individuals who assist us in providing services or who perform functions on our behalf (such as third party service providers, specialist consultants and barristers), including those located in the USA;
2. to courts, tribunals and regulatory authorities;
3. to anyone else to whom you authorise us to disclose it; and
4. to anyone else where we are required or authorised by law to do so.

Links to other websites

We may provide links to other websites operated by third parties. We make no representations or warranties in relation to the privacy practices of any third party website and we are not responsible for the privacy policies or the content of any third party website. If you visit these websites, they will be governed by their own terms of use (including privacy policies).

Notifiable Date Breaches

In the event that we become aware of any loss, or unauthorised access or disclosure of your personal information which is likely to result in serious harm to you, we will investigate and notify you and the Australian Information Commissioner as soon as practicable.

How can you access and correct your personal information?

Subject to the exceptions set out in the Privacy Act, you may seek access to and correction of the personal information which we hold about you by contacting our Privacy Officer at info@pottslawyers.com.au.  We will require you to verify your identity and to specify what information you require. If a fee is charged for providing access, you will be advised of the likely cost in advance.

How can you make a privacy related complaint

If you have any questions about privacy-related issues or wish to complain about a breach of your privacy or the handling of your personal information by us, please contact our Officer by any of the following methods:

info@pottslawyers.com.au

Call: (07) 5532 3133

Post:    Attn: Privacy Policy
Potts Lawyers
PO Box 455
Southport, QLD 4215
AUSTRALIA

We may ask you to lodge your complaint in writing. Any complaint will be investigated by the Privacy Officer and you will be notified of the making of a decision in relation to your complaint as soon as is practicable after it has been made, usually within 30 days.

If we are unable to satisfactorily resolve your concerns about our handling of your personal information, you can contact the Office of the Australian Information Commissioner:

GPO Box 5218
Sydney NSW 2001
Email: enquiries@oaic.gov.au
Tel: 1300 363 992

www.oaic.gov.au

Updates to this Policy

This Policy will be reviewed from time to time to take account of new laws and technology, changes to our operations and practices and the changing business environment. The most current version of this Policy is located at www.pottslawyers.com.au/privacypolicy and can also be obtained by contacting our Privacy Officer at info@pottslawyers.com.au .