Privacy Policy
This Privacy Policy explains how Duncan Cotterill may collect, store, use, and disclose any Personal Information that you provide to us. Your engagement or continued use of this website provides your acknowledgement of this Privacy Policy and your consent to us collecting, storing, using, and disclosing your personal information in the manner set out below.
The terms of this Privacy Policy may change from time to time.
Collection
In this Privacy Policy, ‘Personal Information’ means information relating to an individual which can be used to identify that individual. Duncan Cotterill may collect your Personal Information (including, without limitation, your name, email address, phone number, and postal address, and areas of interest). Duncan Cotterill collects Personal Information in order to conduct its business, to provide and market its services and to meet its legal obligations. If you do not provide Personal Information, we may not be able to provide services to you.
Cookies – automated collection
When you visit this website, Duncan Cotterill may use automated technology (such as usage monitoring software, cookies, and sessions) to collect and store certain information about your visit, including without limitation:
- The IP address and domain name used by your device to connect to the Internet;
- The operating system and the browser your device uses, and any search engine used to access this website;
- The date and time you are visiting;
- The pages you visit; and
- Any other information you expressly provide (such as your name and areas of interest). We use cookies to retain your name and areas of interest if you provide this information on the homepage of this website. These are first-party, persistent cookies. The areas of interest cookie has an expiry time of 30 days.
This information will be used to customise this website for your use and in aggregate (anonymised) form to analyse how this website is being used. Except for the reasons set out in this privacy policy, we will not disclose any such information except in aggregate form.
Use and disclosure
We will always use and disclose your Personal Information in accordance with this Privacy Policy, the Privacy Act 2020 and other applicable privacy law.
We will only use or disclose Personal Information that you have provided to us, or which we have obtained about you:
- If you have authorised us to do so;
- If we have given you notification of the intended use or disclosure and you have not objected to that use or disclosure;
- If we believe that the use or disclosure is reasonably necessary to assist a law enforcement agency or an agency responsible for national security in the performance of their functions;
- If we believe that the use or disclosure is reasonably necessary to enforce any legal rights we may have, or is reasonably necessary to protect the rights, property and safety of us, our customers, or others; or
- If we are authorised, required or permitted by law to disclose the information.
We may use or disclose Personal Information that you have provided to us, or which we have obtained about you, for any of the following purposes:
- to provide our legal services and client services;
- to process your Personal Information for our own internal business purposes;
- to carry out firm and trust account transactions, such as client billing and payments, firm creditors, employee transactions and client trust account transactions;
- to undertake credit management activities;
- for debt recovery purposes, which may also include disclosing information to debt collectors;
- for dealing with commercial or legal conflicts;
- to provide promotional information and newsletters in hard copy or electronic form, or information that we believe may be of interest;
- to communicate with clients, potential clients, suppliers, staff, contractors and others;
- to purchase products and services; or
- to comply with our legal obligations, and to meet our reporting obligations as required by law.
We will not sell, rent, or lease your Personal Information to third parties.
We will only disclose your Personal Information to third parties who have agreed to treat your Personal Information in a manner consistent with this Privacy Policy.
By providing us with your Personal Information, you consent to us using and disclosing your Personal Information for the purposes contemplated in this Privacy Policy.
Storage and security
Duncan Cotterill will ensure that the Personal Information we hold is protected (against loss, unauthorised access, unauthorised use, unauthorised modification, unauthorised disclosure, and other misuse) by such security safeguards as it is reasonable in the circumstances for us to take. This extends to Personal Information held or processed on our behalf (such as in a cloud environment).
Click here for additional information for European Economic Area (EEA) clients.
Rights of access and correction
You may request access to, or correction of, any personal information we hold about you by contacting us on privacy@duncancotterill.com. Please notify us of any changes to your Personal Information to ensure it is as up to date as possible.
Third party content
This website may contain hyperlinks to third party websites. We are not responsible for the content of such websites, or the manner in which those websites collect, store, use, and distribute any Personal Information you provide. When visiting a third party website from hyperlinks displayed on this website, we encourage you to review the privacy statements of those websites so that you can understand how the Personal Information you provide will be will collected, stored, used and distributed.
Unsolicited electronic messages – approval
To the extent you provide us with an email address, you agree that we may send you commercial electronic messages.
Additional information required under Australian privacy law
In some circumstances, Duncan Cotterill also has obligations concerning the collection, use, disclosure and storage of Personal Information under the Privacy Act 1988 (Cth) and other Australian State and Territory privacy laws (where applicable) (together, the Australian Privacy Laws). To the extent that the Australian Privacy Laws apply, the following provisions supplement (and apply in addition to) the rest of this Privacy Policy.
For the purposes of Duncan Cotterill’s obligations under the Australian Privacy Laws, the term ‘Personal Information’ (as used in these supplementary provisions as well as the rest of this Privacy Policy) also includes opinions (whether true or not) relating to an individual which can be used to identify that individual.
To whom do we disclose Personal Information?
While we do not sell, rent or lease your Personal Information, we may disclose your Personal Information to third parties in the circumstances listed below:
1. to your nominated representatives;
2. other organisations or individuals (such as external service providers) who assist us in providing products, events, services and programs to you or to administer our business or to otherwise provide services to us;
3. professional service providers and advisors who perform functions on our behalf, such as lawyers and accountants; and
4. Government, regulatory authorities or other organisations as required or authorised by law.
We may also disclose your Personal Information to a purchaser or potential purchaser in connection with the sale or potential sale of Duncan Cotterill, our business or any of our assets, including in insolvency, in circumstances which require the purchaser or potential purchaser to use such Personal Information consistently with this Privacy Policy.
When we disclose Personal Information to third parties, we make all reasonable efforts to ensure that we disclose only relevant information and that it is accurate, complete and up to date and that the third party will comply with the applicable Australian Privacy Laws in relation to the use, disclosure and storage of your information.
Disclosure of Personal Information outside Australia
We may disclose your Personal Information to recipients located outside Australia, including in New Zealand and the United States, for the purposes described in this Privacy Policy.
Where we disclose information outside of Australia, we will take reasonable steps to ensure that any such person to whom Personal Information is disclosed will deal with that information in a way that is consistent with the Australian Privacy Laws.
How can I make a complaint?
If you have a complaint or concern regarding our handling of your Personal Information or think that your privacy has been affected, you should contact us at privacy@duncancotterill.com to raise your complaint or concern.
We will consider your complaint and determine whether it requires further investigation. We will notify you of the outcome of this investigation and any subsequent internal investigation.
If you remain unsatisfied with the way in which we have handled your privacy complaint or concern, you may approach an independent advisor or contact the Office of the Australian Information Commissioner (OAIC). See the OAIC website for more information about how to make a complaint.