1.    Our Commitment

Coulter Legal Pty Ltd (ACN 158 939 514) and its related entities (“Coulter Legal”) are committed to maintaining the privacy and confidentiality of our client’s (“you”) personal information.

Coulter Legal 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 Legal 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 Legal permission Coulter Legal will only collect, use and disclose your Personal Information in accordance with the Privacy Act.

3.    Your Sensitive Information

Coulter Legal 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 Legal will notify you as soon as practicable should it obtain or require Sensitive Information about you.

The type of Sensitive Information Coulter Legal may collect from you includes your criminal history (if any) and medical information.

4.    Collection and Storage

Coulter Legal 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 Legal collects is the following details about you:

(a)  name;

(b)  residential address;

(c)   date of birth;

(d)   gender;

(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 Legal;

(b)   visit and browse Coulter Legal’s website;

(c)   interact with Coulter Legal electronically, via social media (including Facebook, Instagram and LinkedIn); or

(d)   contact Coulter Legal by email, telephone or facsimile.

4.3  Collection from third parties

Coulter Legal may collect Personal Information from a third party where:

(a)   the third party is Coulter Legal’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 Legal 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 Legal will collect the Personal Information for its Primary and Secondary Purposes.

Coulter Legal 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 Legal will only use your Personal Information for the Primary and Secondary Purposes, unless otherwise required by law.

In particular, Coulter Legal 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 Legal provides to you, to charge and bill you for them, and to collect any amounts you may owe Coulter Legal;

(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.

7.    Marketing

Coulter Legal may use your Personal Information to send you marketing. When you receive Coulter Legal’s marketing, Coulter Legal 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 Legal may continue to send you marketing until you opt out.

If you require further information in relation to opting out of Coulter Legal’s marketing, please contact Coulter Legal’s Privacy Policy Officer (details provided below).

8.   Cookies

A cookie is a file used to store information about your website visit. The cookies Coulter Legal uses do not identify individual users. Coulter Legal may use cookies for targeted online advertising. Most internet browsers are set to accept cookies. If you prefer not to receive them, you can adjust your internet browser to reject cookies, or to notify you when they are being used. For more information check your browser settings or visit Google – Opt-outs for the web.

9.    Data Quality and Security of your Personal Information

Protecting your Personal Information is a priority for Coulter Legal. Coulter Legal 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 Legal 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 Legal’s records.

The Personal Information Coulter Legal holds about you is treated confidentially and is only accessed when necessary. Whilst Coulter Legal takes caution to protect your Personal Information, no data transmission over the internet or electronically can be completely secure.  Once Coulter Legal has received your Personal Information, Coulter Legal will take all appropriate measures to use procedures, programs and passwords to ensure that the information on its systems is secure.  Coulter Legal will take reasonable steps to protect the Personal Information it retains from misuse, loss and from unauthorised access, modification or disclosure.

Coulter Legal 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 Legal 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 Legal electronically. Please use your discretion and exercise caution when providing your Personal Information.

Coulter Legal will not retain any of your information for any longer than it is required by us or the law. Coulter Legal 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 Legal 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 Legal 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 Legal 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 Legal reserves the right to charge a fee for searching for and providing access to your Personal Information. In the event Coulter Legal refuses you access to your Personal Information, Coulter Legal will provide you with an explanation for that refusal.

You may deal with Coulter Legal 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 Legal’s technical systems in accordance with its data security procedures.

11.  Changes to this Policy

Coulter Legal may in its absolute discretion review and change this Privacy Policy from time to time. The amended Privacy Policy will be published on Coulter Legal’s website and will apply whether or not Coulter Legal has given you specific notice of any change.  Check the Privacy Policy on Coulter Legal’s website periodically if you would like to monitor any changes.

12.  Complaints

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 Legal 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

This Privacy Policy and use of Coulter Legal’s website are governed by the laws of Australia. If a dispute arises under this Privacy Policy, you agree to attempt to resolve the dispute under those laws.

14.  Access to Privacy Policy

If you require a copy of Coulter Legal’s Privacy Policy in another form, please contact the Privacy Officer using the details below.

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 Legal, including supplying its products and services to you.

Secondary Purposes means matters incidental to conducting the business of Coulter Legal, including:

(a)   business marketing;

(b)   data use and collection for internal business purposes;

(c)   storage and security of the information;

(d)   debt collection;

(e)   credit-reporting;

(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.