Privacy and Confidentiality Policy
Nicholas O’Donohue & Co | NODCO | as lawyers acknowledges and respects the privacy and confidentiality of individuals and businesses. We are also bound by and comply with the Australian Privacy Principles derived from the Privacy Act 1988 (Commonwealth).
This policy explains how we collect and use personal and sensitive information | Information |we receive to initiate and conduct our legal services. This policy applies to all information that we collect.
Type of Information Collected
The type of information that we collect includes personal information concerning clients, potential clients who contact us as well as suppliers, consultants, employees and applicants for employment.
Personal information is information that allows us to identify individuals, such as names, contact details and dates of birth. Personal information also includes any fact or opinion provided that is connected to an enquiry.
We may also need to collect sensitive information. Sensitive information is a subset of personal information, such as information or opinion concerning racial or ethnic origin, political opinions, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a profession or trade association, membership of a trade union, sexual orientation and practice, criminal record or health information.
Purpose of Collection
We will not collect personal or sensitive information unless such information is reasonably necessary for the primary purposes of:
We collect personal information from individuals at the pre-client stage when a legal enquiry is made so that we can identify and assess whether we are able to act on that individual’s behalf. We will not consider acting for any individual who does not properly identify themselves as this could lead to a conflict of interest developing between our clients in the future.
In some instances, we may also need to collect sensitive information at the initial stage of an enquiry if it is directly relevant to the advice being sought. For our internal business purposes, we retain and safely store the personal and sensitive information that is provided to us at the pre-client stage as this enables us to respond more efficiently and to inform such persons of our other legal services or developments that may be of interest to them at a later stage.
We also collect Information provided to us by our clients who have commenced instructing us to act in their matter. We collect all Information necessary to effectively conduct legal matters. Information is stored on our computer systems or as a paper document in safe custody packet for the client.
At the conclusion of legal matters, we are required to keep the legal files for a minimum period of 7 years from the closure of a legal file. In some cases, circumstances may require us to retain documents for a longer period of time (e.g. anticipated litigation over a Will).
Method of Collection
The Information is collected usually through completed questionnaires and/or forms returned to us, and our notes of an interviews or telephone conversation.
To provide our legal services we will also collect Information from external sources (ie. Statutory bodies, health professionals, financial advisors, accountants, other legal parties and their legal advisors). With the exception of Information obtained from related parties to the legal matter, this Information will be obtained under our clients’ express authority and retained securely stored on their electronic file.
All Information is converted to electronic media and stored on our computer system. This Information includes copies of documents held in safe custody, anticipated or existing Court exhibits, transaction documents requiring paper signatures. We keep all Information safe by taking all reasonable precautions to protect Information from misuse from unauthorised access, modification, disclosure or loss. Our security measures include: cyber protection protocols that are regularly tested, secured password access, on site security with independent off site backups with staff training for client confidentiality awareness and privacy training, anti virus protection used for our IT and communications. At all times the client must be confident that we have effective control of their Information. NODCO and its Service providers are required comply with the Australian Privacy Principles.
How we handle Client Information
We will not disclose Information to third parties, without consent, unless it becomes necessary to lessen or prevent a serious and imminent threat to life, health or safety or unless otherwise compelled by law.
Compulsory Disclosure by Law
We may be compelled to disclose Information by law, for example, under court orders or statutory notices to produce documents under laws relating to social security, taxation, bankruptcy, anti-money laundering, counter terrorism and the management of incorporated entities.
Information accessed by non legal staff and Service Providers
Information may be accessed by non legal staff who are bound by the same confidentiality laws and standards
that govern the legal profession within Australia and comply with the Australian Privacy Principles.
Effective management of our business to provide legal services will at times require disclosure by us to third party professionals and service providers (e.g. barristers, document management providers, IT systems and Accounting staff). We have contractual arrangements in place with all of our service providers to protect personal and sensitive Information up to the same standards as if we stored the Information ourselves and to prevent them from using the Information for any purposes other than our own. We also conduct annual, monthly and daily checks to ensure compliance with the Australian Privacy Principles
From time to time we may send out information related to the other legal services that we offer. We do however respect the wishes of individuals who wish to ‘opt-out’ from receiving this material by implementing procedures for that purpose. Our Privacy Officer can also address any questions or concerns at firstname.lastname@example.org or on: +61 3 9607 8100.
Improving Client Services
We seek client feedback to assure q high standard of legal service. Our Client Services team will invite clients to participate in client feedback surveys conducted internally or by an external consultant. We first obtain client consent to disclose Information if external consultants are engaged to oversee or analyse the client feedback data..
Information Quality, Access and Correction Processes
At times we will take steps to update or verify personal information by collecting personal information from publicly available resources, for example: telephone directories or electoral rolls to improve the integrity of the personal information that we hold.
Individuals may access their personal Information and seek corrections to any inaccuracies.
Clients should contact their NODCO contact for access and correction to their personal information. Potential clients (i.e. people who made an enquiry but did not instruct us to act for them) and Clients dissatisfied with the response from their legal practitioner can request access and correction to their personal Information by contacting our Privacy Officer at email@example.com or on 9607 8100 9.00am-5.00pm Monday to Friday.
In certain circumstances, we are permitted to deny the request for access, or limit the access that we provide. For example, we are entitled to withhold a legal file unless and until a satisfactory arrangement has been agreed concerning the payment of outstanding legal costs.
Contact us about Privacy
Our Privacy Complaints Handling Policy sets out our approach to resolve any privacy complaint in a fair and expeditious manner. For an existing client, we recommend your privacy related complaint is made directly to your NODCO Contact person – often a telephone call is all that is needed to resolve concerns. For all other complaints see our Privacy Complaints Handling Policy.
Privacy Complaints Policy
Australian Privacy Principles
Nicholas O’Donohue & Co complies with the Australian Privacy Principles in the Privacy Act 1988 (Commonwealth). Our Privacy and Confidentiality Policy is available on our website, or you can obtain a copy by contacting 03 9607 8100. The Privacy Complaints Handling Policy is to be read in conjunction with the Privacy and Confidentiality Policy.
This policy sets out our approach to resolving complaints from individuals about the way we have dealt with their personal information, and outlines what people can expect when they make a complaint.
Management of privacy complaints
Privacy complaints are managed by the Privacy Officer.
The Privacy Officer will:
The written complainant should include:
The complaint can be emailed to firstname.lastname@example.org or posted to:
The Privacy Officer
Nicholas O’Donohue & Co GPO Box 4596 MELBOURNE VIC 3001
We can only accept complaints from the individual client, or their authorised representative. If the
Complainant is acting on behalf of another person, they must provide evidence of their authority to do so.
Nicholas O’Donohue & Co respects your privacy and treats confidentiality seriously.
A cookie is a small file of letters and numbers which we put on your computer whilst you are browsing. These cookies allow us to distinguish you from other users of our website, helping us to enhance your experience during your visit and also allowing us to improve our site.
Nicholas O’Donohue & Co | NODCO | use a number of authorised suppliers who set cookies on the www.nodco.com.au website so we can deliver the services they are providing.
Our Cookie Use
Cookies set by Third Party sites
To support our site and the information we are posting, we sometimes embed photos and video content from websites such as YouTube and Flickr. As a result, when you visit a page with content embedded from, for example, YouTube or Flickr, you may be presented with cookies from these websites. NODCO does not control the dissemination of these cookies. You should check the relevant third party website for more information about these.
Analytical cookies allow us to recognise and count the number of visitors and see how visitors interact with the site. This enables us to ensure that users are finding the information that they are looking for more effectively.
If you wish to restrict or block the cookies which are set when visiting the www.nodco.com.au website, or indeed any other website, you can do this through your browser settings. Please note that restricting cookies may impact on the functionality of the site and also your user experience.
We also use conversion tracking data to assist us with measuring the success of our online marketing campaigns via Twitter and Facebook. More information on Twitter conversion tracking can be found here [ https://support.twitter.com/groups/58-advertising/topics/249-advertiser-policies/articles/20171365# ]and more information facebook advertising guidelines can be found here [ https://www.facebook.com/ad_guidelines.php ] .
You should read the Terms carefully and contact us with any questions before using the website. You can contact us during business hours by phone +61 3 96078100 or by email email@example.com
By using the website, you acknowledge and agree you have had sufficient chance to read and understand these Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the website.
1. Website User Licence
1.1. NODCO grants you a non-exclusive, world-wide, non-transferable licence to use the website upon these Terms.
1.2. You may access and use the website (including any incidental copying that occurs as part of that use) in the normal manner. You may also access any links to our Facebook, Twitter, Linkedin and any other of our social media pages contained on our website provided you abide by our these Terms and we reserve the right to terminate your use and access to the website and our social media pages at our complete discretion.
1.3. You must not add any content to the website:
1.3.1 unless you hold all necessary rights, licences and consents to do so;
1.3.2 to cause you or us to breach any law, regulation, rule, code or other legal obligation;
1.3.3 which is or could reasonably be considered to be obscene, inappropriate, defamatory,
disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
1.3.4 to bring us, or website, into disrepute; or
1.3.5 to infringe the intellectual property or other rights of any person.
1.4. The website contains links to other websites as well as content provided to us by people other than ourselves. We do not endorse, sponsor or approve any such user generated content on the website or any content available on any linked website. You acknowledge that you enter third party websites and use information shown on them at your own risk and NODCO is not responsible for these.
1.5. You acknowledge and agree:
1.5.1 NODCO retains complete editorial control over the website and may alter, amend or cease the operation of the website at any time in its sole discretion; and
1.5.2 Website will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes);
1.5.3 you will be legally bound by these Terms;
1.5.4 you will not use frames to present to a link;
1.5.5 you will not use the name ‘Nicholas O’Donohue & Co’, any NODCO branding or similar name or branding or any content on the Website for any purpose other than for your personal and non-commercial use;
1.5.6 you will not gather, extract, reproduce and/or display on any other website or other online service, any material on or from the website;
1.5.7 All content on the website is subject to copyright or other intellectual property rights and may not be used except as expressly permitted in these Terms; and
1.5.9 NODCO makes no representation or warranty that the material on the website is free from viruses or other defects. [We recommend performing a virus check before using any downloaded file].
2.1. Website purpose is to provide you with information about the legal services NODCO provides.
2.2 The communication of information from this site does not and should not be taken by you to give rise to a Lawyer-Client relationship between you and us or any other party.
3. User Obligations
You must comply with these Terms at all times and NODCO has the right to terminate your access
to the website if at any time you fail to abide by these Terms.
3.2. Personal Use
You may view, print or download a copy of any content featured on website to your computer, provided you use it only for personal use.
3.4. No links to Other Websites
You must not link our website to any other Website.
3.5. NODCO Intellectual Property Rights
You must not alter, delete, deface, hide or otherwise damage or breach any copyright symbol, trademark or other proprietary rights notice on our website.
4. Disclaimer of warranties and limitation of liability
4.1 NODCO shall not be liable by reason of the failure in the performance of obligations under these Terms due to strike, civil commotion, riots, fire, explosion, acts of God, acts of terrorism, governmental action or any other cause which is beyond NODCO’s reasonable control.
4.2. While we take all reasonable care, we do not warrant:
4.2.1 access to or use of the website will be uninterrupted or error free or website or material on or accessible through the website is free from errors or viruses, Trojan horses or other harmful components.
4.2.2 anything about the content of the website, completeness of search results, safety, legality, reliability, ownership, accuracy, completeness, timeliness, quality, physical state or suitability for a particular purpose of any information or material on or accessible through the website; and NODCO excludes all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms. For the avoidance of doubt, any recommendations made on or accessible through the website are nonbinding recommendations only.
4.3. These Terms are to be read subject to any legislation which prohibits or restricts the exclusion,
restriction or modification of any implied warranties, conditions or obligations. If such legislation applies, we limit our liability in respect of any claim to the extent provided for under the Competition and Consumer Act 2010 (Cth).
4.4. Whilst we will make every effort to keep the information and other material on our website up-to-date, there may be delays, errors or omissions as a result of the rapid changes which occur in many of the practice areas which are the subject matter of our website.
4.5 The content and information on the website and any publications referred to on the website is general information and provided as a guide only. It is not intended to be legal advice and must not be relied upon. We advise you to seek professional legal advice before acting or relying upon the information on the website, or any of our publications.
5. Recommendations, endorsements and comments
5.1. NODCO has the right to ask users for recommendations, endorsements and comments in relation to the website, any of its content and any of its services by sending their recommendations, endorsements or comments by email to our email address firstname.lastname@example.org. NODCO reserves the right to exclude any recommendations, endorsements or comments which it considers to be inappropriate for the website. NODCO gives no warranty as to the accuracy or truth of any recommendation, endorsement or comment.
5.2. You warrant that in providing your recommendations, endorsements or comments, you have not breached any laws or regulations or these Terms.
5.3. You agree to accept the full responsibility for any recommendations, endorsements or comments you make available on our website and you agree that NODCO will not be liable for any such recommendations, endorsements or comments made available on our website.
5.4. NODCO cannot be taken as having endorsed any recommendations, endorsements or comments made by you, which NODCO makes available on the Website.
6.1. You agree to indemnify, defend and hold NODCO harmless from any and all claims, liability,
damages, costs and expenses arising from your use of the website, any content on the website and any information contained in any publications or documents downloaded from the website, or your failure to comply with these Terms or from your violation of any applicable law.
7. Intellectual Property Rights
7.1. Nothing in these Terms constitutes a transfer of any intellectual property rights. You
acknowledge and agree that, as between you and NODCO, NODCO owns all intellectual property rights in the website, any content on the website and any information contained in any documents printed or downloaded from our Website and together with all rights in the services and any material provided to you as part of the services and also any material downloadable from the website.
7.2. By posting or adding any content onto the website, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.
7.3. You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
7.4 The licence in clause 1.1 will survive any termination of these Terms.
7.5.You represent and warrant to NODCO that you have all necessary rights to grant the licences and consents set out in clause 1.3.
7.6. The information, text, materials, graphics, logos, button icons, images, video and audio clips, trade marks (whether registered or not) advertisements, layout, arrangement, graphical user interface, look and feel of the website, any content featured on the website, any of the above items which are comprised in any materials provided to you, and, also any materials which are downloaded from the website are protected by copyright and other intellectual property laws.
7.7. NODCO also owns the copyright and other intellectual property rights in its social media pages and on Twitter, Facebook, Linkedin and any other website pages whether they are specifically referred to on the website or not.
8.1NODCO reserves the right to terminate this contract with you at any time at its sole discretion, if you have breached these Terms in any way.
9.1. You represent and warrant to NODCO you have the legal capacity to enter into these Terms.
9.2. While NODCO takes reasonable care, the Website is provided by NODCO on an “as is” basis without express or implied warranty of any kind.
10.1. To the full extent permitted by law, NODCO excludes all liability in respect of loss of data, interruption of business or any consequential or incidental damages.
10.2. You accept all risks and responsibility for all loss, damages, costs and other consequences resulting from using the website or the material on or accessible though the website.
11.1. You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms.
11.2. If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
11.3. Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.
11.4. This Agreement is governed by the laws of Victoria and each party submits to the jurisdiction of the courts of Victoria.
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