Privacy Policy

Last updated: February 2020

General

MDRN Pty Ltd trading as McCarthy Durie Lawyers ("we", "us" or "our") is committed to protecting the personal information collected. This policy outlines how the firm collects, uses, discloses and manages personal information.

The firm operates under the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs). This policy applies to all individuals for whom the firm currently holds or may collect personal information. It excludes employee records of current and former staff.

Permitted general situations under s16A of the Act include:

• Collection, use or disclosure reasonably necessary for establishing, exercising or defending legal or equitable claims
• Collection, use or disclosure reasonably necessary for confidential alternative dispute resolution processes

This policy applies to all dealings with the firm — in person, by telephone, email, correspondence or via our website (www.mdl.com.au).

Pseudonym / Anonymous

In limited, lawful and practical circumstances, individuals may use pseudonyms or remain anonymous when dealing with the firm. Examples include survey responses and feedback where identity is unnecessary. Most legal services require real names due to professional obligations.

What is Personal Information

"Personal Information" means information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information is true or not and whether recorded in a material form or not.

Management of Personal Information

The firm ensures officers, employees and subcontractors understand their obligations under the Privacy Act through training and internal policies designed to prevent improper collection, use, disclosure, retention, access or disposal of personal information.

Collection of Personal Information

Kinds of Personal Information

The firm may collect:

• Identification details (name, gender, date of birth, address, telephone, fax, email)
• Financial information (bank account details, credit card details, tax file numbers)
• Business and employment history
• Identity documents (driver's licence, Medicare card)
• Information required by law or professional obligations
• Information related to the services provided to you

Sensitive Personal Information

Depending on the legal matter, the firm may collect sensitive information including health records, criminal records, racial or ethnic origins, political opinions or memberships, religious beliefs, philosophical beliefs, union or professional association memberships, sexual preferences and genetic information.

Sensitive information is collected only when:

• Reasonably necessary for the services or functions provided
• You consent to its collection
• Required or authorised by law

Purpose of Collection

Generally, personal information is collected to:

• Provide legal services and process payment
• Verify your identity and establish authority for instructions
• Provide you with information about products, services or offerings (with the option to opt out)
• Share relevant business or expertise information
• Facilitate attendance at seminars and conferences
• Support internal business operations and legal compliance
• Assess prospective employee candidates
• Request testimonials
• Respond to website inquiries
• Comply with legal obligations

Method of Collection

Information is typically collected directly from you via forms, the internet, email, correspondence or conversation. Indirect collection may occur from:

• Related entities
• Third parties acting on your behalf (agents, brokers, advisors)
• Past or current employers
• Medical practitioners
• Government bodies
• Financial institutions

You will be notified of any indirect collection in advance or as soon as reasonably practicable.

Internet Users

Visitors to our website may have their IP addresses and domain names collected. The firm is not responsible for the privacy practices of linked websites.

Collection of Statistical Information via Website

Internet service provider records may include:

• Server address
• Top-level domain name (.com, .gov, .au, etc.)
• Visit date and time
• Pages accessed and documents downloaded
• Previously visited sites
• Browser type

Copying / Scanning of Identification

Copies of identification (paper or electronic) may be retained to demonstrate compliance with identity verification obligations, to confirm authority for instructions, for insurance purposes, or to provide evidence against fraudulent activities.

Failure to Provide Information

If you provide incomplete or inaccurate information, the firm may be unable to provide its services to you.

Use and Disclosure

MDRN Pty Ltd owns 100% of Warlow Scott Lawyers Pty Ltd. Both share common directors and may exchange personal information.

Generally, your information is used or disclosed only for the purpose it was collected or as authorised by law. Personal information may be disclosed to:

• Service providers (IT, cloud providers such as Postini, Google, Dropbox, Smart sheet)
• Purchasers of the firm's assets or operations (in going-concern transactions)
• Related entities
• Entities to which disclosure is legally compelled (Social Security Act, Financial Transactions Reports Act 1988, Anti-Money Laundering and Counter-Terrorism Financing Act 2006)
• Courts, opposing parties, parties to litigation, valuers, experts, barristers, accountants and insurers
• Government authorities where legally required
• Debt collection and credit reporting agencies (in relation to unpaid accounts)

Government-related identifiers (such as tax file numbers and driver's licence numbers) are used or disclosed only where required or authorised by law, by court or tribunal order, or to fulfil professional obligations.

Overseas Disclosure

Unless your matter necessitates overseas disclosure (and you are aware of it) or you have consented, the firm does not disclose personal information overseas except through IT service providers managing servers, networks and software — including cloud providers in the USA, UK or EU.

By engaging the firm, you acknowledge and consent to disclosure to overseas recipients as described, understanding that:

• Overseas entities may be required to comply with similar privacy laws, but this cannot always be confirmed
• Redress may not be available in overseas jurisdictions
• Overseas recipients are not required to comply with Australian privacy laws
• The firm is not liable for the handling of information by overseas recipients
• Foreign law may compel disclosure to third parties such as overseas authorities

Credit Information / Credit Reporting Policy

The firm does not assess credit eligibility using personal information. However, credit information necessary for service provision may be collected during the delivery of legal services.

Main Kinds of Credit Information Collected

• Identification information
• The fact that an application for service has been made
• Credit provider status (where billing terms exceed standard periods)

Other Credit Information Held

• Credit information provided to us
• Repayment history
• Overdue payment information
• Variations to credit arrangements
• Court proceedings related to credit activities
• Bankruptcy or debt agreement involvement
• Publicly available information about creditworthiness
• Information relating to fraudulent or serious credit infringements

Collection Sources

Credit information is collected from:

• Disclosure by you (in most cases)
• Banks and credit providers (only where necessary for service provision or account recovery)
• Other individuals or entities via referrals
• Suppliers and creditors

Purpose and Disclosure

Credit information is held to enable the provision of legal services and to recover unpaid accounts. It may be disclosed to credit reporting bodies, including:

• Veda Advantage, Level 15, 100 Arthur Street, North Sydney NSW 2060 — Ph: 1300 921 621
• NCI, Level 2, 165 Grenfell Street, Adelaide SA 5000 — Ph: 1800 882 820
• Dun & Bradstreet, Level 2, 143 Coronation Drive, Milton QLD 4064 — Ph: (07) 3360 0600

Notifiable Matters

• Credit information may be disclosed to credit reporting bodies
• Credit reporting bodies may include that information in reports provided to other credit providers
• Failed payment obligations or serious credit infringements may be disclosed
• You have rights of access, correction and complaint
• You may request that credit reporting bodies not use your information for pre-screening or direct marketing
• You may request non-use or non-disclosure if you reasonably believe you have been, or are likely to be, the victim of fraud

The firm does not hold an Australian Credit Licence and will not disclose Repayment History Information to credit reporting bodies.

Security

Personal information is stored in both paper and electronic form. The firm takes reasonable measures to prevent misuse, loss, unauthorised access, modification or disclosure through electronic and physical security. However, no system can absolutely guarantee against unauthorised access or disclosure.

Access to and Correction of Personal Information

Written requests for access will be acknowledged within 14 days and answered within 30 days. Reasonable processing fees may apply (no fee is charged simply for making a request). Identity verification is required.

Where reasonable and practicable, information will be provided in the manner you request.

Access may be declined in circumstances prescribed by the Privacy Act, with written notice detailing the reasons for refusal and the complaint mechanisms available.

If personal information is inaccurate, incomplete or out of date, please notify the firm immediately. Reasonable steps will be taken to correct it. If correction is refused, written notice will be provided detailing the reasons and complaint mechanisms.

If the firm disagrees about accuracy or completeness and you request that a statement be associated with your information claiming inaccuracy or incompleteness, the firm will take reasonable steps to do so.

Updates

This privacy policy may be updated. Please check the website regularly for updates. Last updated: February 2020.

By using the website and continuing to deal with the firm, you accept and agree to the collection, use and disclosure of personal information as described in this policy.

Feedback and Correcting or Updating Your Profile

For updates or corrections, contact the firm using the details below.

For queries, concerns or complaints about privacy handling, or about breaches of the Privacy Act, the Australian Privacy Principles, or any applicable privacy code, contact CEO Shane McCarthy:

• Postal address: PO Box 122, Capalaba QLD 4157
• Telephone: ·····
• Fax: (07) 3245 5150
• Email: ·····

The firm will investigate complaints and respond. If you are not satisfied with the response, you may lodge a complaint with the Office of the Australian Information Commissioner.

Analytics Cookies

We use Google Analytics to understand how visitors use our website. Analytics cookies are enabled by default and help us improve our services. You can opt out for your current browser session using the control at the bottom of this page. Your preference will last until you close this browser tab.

More Information

For general information about privacy, visit the Office of the Australian Information Commissioner website at www.oaic.gov.au.

Disclaimer

Material on this website is provided as a summary and general overview only. Content is subject to continuous change. The firm does not guarantee its currency or correctness due to possible delays, errors and omissions.

To the maximum extent permitted by law, McCarthy Durie Lawyers assumes no responsibility for any losses or damages arising from use of this website or its content, including the transmission of computer viruses. Conduct virus checks before downloading any files, photos or articles.

The firm provides links for convenience but does not guarantee the accuracy or currency of information on linked sites, nor does it endorse any referenced information, goods or services.

McCarthy Durie Lawyers authorises personal-use printing only. All other copying or reproduction is prohibited except as permitted by law.

Email Disclaimer Notice

Emails sent by the firm and any transmitted files are intended solely for the addressee. The content may be private, confidential or protected by client legal privilege.

If you are not the intended recipient, do not interfere with, print, forward, save or use the email. Notify the firm immediately by reply email or on ····· , then erase the email and any attached files.

Scan emails and attachments for viruses. MDRN accepts no liability for any losses, damages or consequences arising from attached files.

By participating in electronic communications with MDRN, both parties consent to electronic information provision under s11 of the Electronic Transactions (Qld) Act 2001.

Liability limited by a scheme approved under Professional Standards Legislation.