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Burch & Co Pty (ACN 610 304 866) is committed to providing quality services to you and this policy outlines our ongoing obligations to you in respect of how we manage your Personal Information.
By visiting our website, using any of our services or otherwise providing us with your personal information (or authorising it to be provided to us by someone else), you agree to your personal information being handled as set out in this Privacy Policy, and, where appropriate, as set out in our client agreement with you.
We have adopted the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (the Privacy Act). The APPs govern the way in which we collect, use, disclose, store, secure and dispose of your Personal Information.
A copy of the Australian Privacy Principles may be obtained from the website of The Office of the Australian Information Commissioner at www.aoic.gov.au.
What is Personal Information and why do we collect it?
Personal Information is information or an opinion that identifies an individual. Examples of Personal Information we collect include: names, addresses, email addresses, phone numbers, information about your dealings with us, and information relevant to our work for you.
This Personal Information is obtained in many ways including correspondence, by telephone, by email, via our website www.burchcolawyers.com.au, from your website, from media and publications, from other publicly available sources and from third parties. We don’t guarantee website links or policy of authorised third parties.
You may be able to deal with us without identifying yourself in certain circumstances, such as when you use our website. However, we will not be able to provide legal services to you without identifying you or collecting your Personal Information.
We collect your Personal Information for the primary purposes of providing you with our services. We may also use your Personal Information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure. Examples of the purposes are:
- Providing you with our services, including communications about fees and billing;
- Improving and marketing our services, including internal management reporting, carrying out marketing campaigns, and maintaining a database of clients;
- Responding to your enquiries or providing you with assistance you requested;
- Processing information or application forms you have completed on our website;
- Quality assurance, IT security and operations, and security training;
- Personnel management including the recruitment of personnel (including through the Careers page on our website);
- Complying with our legal and professional obligations, including checking for conflicts of interest and undertaking client onboarding processes; and
- As otherwise required by legal professional conduct rules or other legislation in jurisdictions we operate.
You may unsubscribe from our mailing/marketing lists at any time by contacting us in writing or following the unsubscribe instructions contained in the relevant marketing communication.
When we collect Personal Information we will, where appropriate and where possible, explain to you why we are collecting the information and how we plan to use it.
Sensitive information
Sensitive information is defined in the Privacy Act to include information or opinion about such things as an individual’s racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.
Sensitive information will be used by us only:
- for the primary purpose for which it was obtained;
- for a secondary purpose that is directly related to the primary purpose;
- with your consent; or
- where required or authorised by law.
Third Parties
Where reasonable and practicable to do so, we will collect your Personal Information only from you. However, in some circumstances we may be provided with information by third parties, including from:
- insurance companies;
- a company in which you are a shareholder or officeholder;
- your employer;
- your family members, legal guardians, and anyone you have authorised to deal with us on your behalf; and
- anyone seeking our services in relation to their dealings with you.
Where appropriate, and subject to our professional obligations, will take reasonable steps to ensure that you are made aware of the information provided to us by a third party.
Disclosure of Personal Information
Your Personal Information may be disclosed in a number of circumstances including the following:
- third party service providers engaged by us to manage or provide services offered through us, (including cloud storage providers, IT services providers and insurers);
- your representatives or advisors, if you have provided consent for such disclosure; and
- government bodies, regulators, law enforcement agencies, and other entities as required or authorised by law.
Some of these entities may be located outside of Australia. Where possible, our contracts with these parties will include an obligation for them to comply with Australian privacy law and this Privacy Policy.
Security of Personal Information
Your Personal Information is stored in a manner that reasonably protects it from misuse and loss and from unauthorised access, modification or disclosure. This includes security procedures to access our building, our office space, online and IT security procedures such as 2FA, and mandatory confidentiality guidelines for all employees.
However, we cannot guarantee the security of your personal information and you must take care to ensure your Personal Information, and communication with us, is protected.
If you become aware of any security breaches relating to our website or our communications with you, you should notify us as soon as possible.
When your Personal Information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your Personal Information, subject to our professional obligations. However, most of the Personal Information is or will be stored in client files which will be kept by us for a minimum of 7 years.
Access to your Personal Information
You may access the Personal Information we hold about you and to update and/or correct it, subject to certain exceptions. If you wish to access your Personal Information, please contact us in writing.
Burch & Co Pty Ltd (ACN 610 304 866) will not charge any fee for your first access request, but may charge an administrative fee for providing a copy of your Personal Information, or in cases where information has already been provided to you and the request is excessive.
In order to protect your Personal Information we may require identification from you before releasing the requested information.
Maintaining the Quality of your Personal Information
It is an important to us that your Personal Information is up to date. We will take reasonable steps to make sure that your Personal Information is accurate, complete and up-to-date. If you find that the information we have is not up to date or is inaccurate, please advise us as soon as practicable so we can update our records and ensure we can continue to provide quality services to you.
Policy Updates
This Policy may change from time to time and is available on our website. Your continued use of our website or services, requesting our assistance or providing us further Personal Information to us (directly or indirectly) after this Privacy Policy has been updated, constitutes your acceptance of the updated Privacy Policy.
Privacy Policy Complaints and Enquiries
If you have any queries or complaints about our Privacy Policy, please contact us in writing at:
Burch&Co Lawyers
101 Moray St
South Melbourne VIC 3205
If you wish to make a complaint, you must provide us with sufficient details together with supporting evidence. We will investigate the issue and determine the steps that we may take to resolve your complaint. The outcome of our investigation will be notified to you in writing.
You may also direct complaints to the Australian Privacy Commissioner via www.oaic.gov.au.
