Privacy Policy
Section 1: Introduction
A. Definition of Counsel Partners
For the purposes of this Privacy Policy, Counsel Partners refers to Alex Mathey, Founding Principal practising and trading under the name of Counsel Partners, identified by ABN 45 684 732 291.
B. Regulatory Compliance
Counsel Partners is bound by the Australian Privacy Principles as stipulated in the Privacy Act 1988 (Cth). Additionally, we adhere to the General Data Protection Regulation (GDPR) for clients based in the European Union and the UK Data Protection Act for clients based in the United Kingdom. We are committed to safeguarding the privacy of all individuals who interact with our practice.
C. Scope of Policy
This Privacy Policy outlines the measures we take to protect your personal information. It applies to personal information you provide through our primary website (www.counsel.partners), as well as any other registered domains, subdomains, or online interfaces that may redirect to this primary site. The policy governs the collection, use, and disclosure of personal information for the purposes of:
Providing legal advice and professional consulting and advisory services to our clients;
Meeting our internal management needs;
Engaging in marketing activities.
Section 2: Collection, Use, and Disclosure, Data Quality, and Security
A. Compliance Statement
Counsel Partners respects your privacy and is committed to compliance with the Australian Privacy Principles contained in the Privacy Act 1988 (Cth). This document sets out our policies relating to the collection, holding, use, and disclosure of personal information.
Section 3: Personal Information
A. Definition
Personal information is defined as information or an opinion, whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent or can reasonably be ascertained from the information or opinion.
B. Types of Information Collected
The types of personal information that Counsel Partners collects include, but are not limited to, information regarding our clients, their customers, suppliers, consultants, personnel, and other individuals with whom we have or propose to have dealings.
Section 4: Sensitive Information
A. Definition
Sensitive information is defined as information or an opinion about an individual's racial or ethnic origin, genetic information that is not otherwise health information, political opinions, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual preferences or practices, or criminal record.
B. Health Information
The sensitive information Counsel Partners may collect includes health information, defined as personal information that includes information or an opinion about the health or a disability (at any time) of an individual, an individual’s expressed wishes about the future provision of health services, or a health service provided or to be provided to an individual. This also includes information regarding organ donation or intended organ donation.
Section 5: Treatment of Information
Whenever an individual provides personal, health, and/or sensitive information to Counsel Partners, we will treat that information in accordance with this Privacy Policy.
Section 6: Openness and Transparency
A. Policy Availability
Counsel Partners has outlined our policies on the management of personal information in this document. This document will be made available on our website and to anyone who requests it, free of charge.
Section 7: Access and Correction
A. Request for Information
Upon request by an individual for access to, or for correction of, personal information, Counsel Partners will respond accordingly.
Section 8: Policy Amendments
A. Right to Modify
Counsel Partners reserves the right to modify this Privacy Policy in whole or in part from time to time without notice. Amendments will be effective immediately upon posting on our website.
Section 9: Collection of Information
A. Necessity of Collection
Counsel Partners will not collect personal information unless it is necessary for one or more of the following primary purposes:
Providing professional services and advice to our clients;
Meeting our internal management needs;
Engaging in marketing activities.
B. Lawful Collection
Counsel Partners will collect personal information only by lawful and fair means, and not in an unreasonably intrusive manner.
C. Circumstances of Collection
Counsel Partners may collect personal information about an individual when the individual interacts with us in various ways, including through our website, at our offices, or when engaging our services.
D. Awareness at Time of Collection
At or before the time of collecting personal information, Counsel Partners will take reasonable steps to ensure the individual is aware of various matters, including our identity, how to contact us, and their rights to access and correct the information, among others.
E. Third-Party Information
If Counsel Partners collects personal information from third parties, we will take reasonable steps to ensure the individual is aware of the matters listed in Section 9D, except where a lawful exception applies.
F. Client Responsibilities
Counsel Partners requests that clients obtain the consent of individuals or otherwise comply with relevant privacy legislation before providing us with personal information about any other individual.
Section 10: Use and Disclosure of Personal Information
A. Primary Purpose
Counsel Partners may use and disclose personal information for the primary purpose for which it was collected, as outlined in Section 9A of this policy.
B. Secondary Purpose
Counsel Partners will not use or disclose personal information for a secondary purpose unless specific conditions are met, including but not limited to individual consent, legal requirements, or necessity for public safety.
C. Legal Requirements and Enforcement
Counsel Partners may be required to disclose personal information by law or for enforcement activities.
D. Record-Keeping
If Counsel Partners uses or discloses personal information under this section, a written note will be made of the use or disclosure.
E. Prior Notice
Ordinarily, prior notice will be given to the individual before making such disclosure, except where required or compelled by law not to do so.
F. Special Circumstances
Counsel Partners may also use or disclose personal information for specific reasons such as assisting in locating a missing person, legal claims, or confidential alternative dispute resolution processes.
G. Direct Marketing
If the information is not sensitive and is used for direct marketing, specific guidelines will be followed, including providing the individual with an option to opt-out.
H. Health Information
If the information is health-related, specific conditions must be met for its use or disclosure, including compliance with guidelines approved under section 95A of the Privacy Act.
I. Client Consent
By engaging us, clients consent to the disclosure of personal information where required in the course of representation, including to entities both in Australia and overseas.
J. Auditors and Service Providers
Counsel Partners may also be required to disclose personal information to our auditors and may share information with other service providers for administrative and security purposes.
Section 11: Data Quality and Security
A. Data Quality
Counsel Partners commits to ensuring that the personal information it collects is accurate, complete, and up-to-date. Any personal information used or disclosed will meet these standards.
B. Data Security
Counsel Partners will implement reasonable measures to protect personal information from misuse, interference, loss, and unauthorized access, modification, or disclosure.
C. Data Retention and Destruction
Unless legally required to retain information, Counsel Partners will take reasonable steps to destroy or permanently de-identify personal information that is no longer needed for the purposes outlined in Section 9C.
Section 12: Access and Correction of Personal Information
A. Access to Personal Information
Counsel Partners will provide individuals with access to their personal information upon request, subject to certain exceptions as outlined in applicable laws, including but not limited to the Australian Privacy Principles, GDPR, and UK Data Protection Act.
B. Exceptions to Access
Access may be denied under specific circumstances, such as threats to life or public safety, impact on others' privacy, or legal constraints. These exceptions are in line with both domestic and international privacy regulations.
C. Charges for Access
Counsel Partners may charge a reasonable fee for providing access to personal information, calculated based on the time and resources required to process the request.
D. Correction of Personal Information
If Counsel Partners holds inaccurate or incomplete personal information, reasonable steps will be taken to correct it. If there is disagreement about the accuracy of the information, an individual may request to associate a statement with the information, claiming its inaccuracy.
E. Denial of Access or Correction
In cases where access or correction is denied, Counsel Partners will provide reasons for the denial and include contact details for filing complaints with the Australian Privacy Commissioner.
Section 13: Use of Identifiers
A. Restrictions on Adopting Identifiers
Counsel Partners will not adopt identifiers assigned to an individual by governmental agencies or their agents, or by contracted service providers for governmental contracts.
B. Conditions for Use or Disclosure
The use or disclosure of such identifiers is permissible only under specific conditions, such as verifying an individual's identity for legal practice activities, or fulfilling obligations to governmental agencies.
C. Definition of Identifier
For the purposes of this policy, an identifier is a unique number assigned by Counsel Partners for its operational needs. Names and Australian Business Numbers (ABNs) are not considered identifiers.
Section 14: Anonymity and Pseudonymity
A. Options for Anonymity
Individuals have the option to remain anonymous or use a pseudonym when interacting with Counsel Partners, where it is lawful and practicable to do so.
B. Limitations on Anonymity
Counsel Partners will not represent or interact with an individual in a client capacity unless the individual's identity has been verified to a reasonable standard.
Section 15: Cross-Border Data Transfers
A. Conditions for International Transfers
Counsel Partners may transfer personal information to entities located in foreign countries under specific conditions:
The recipient is subject to laws or schemes that uphold privacy principles substantially similar to the Australian Privacy Principles, and there are enforceable mechanisms for individual redress.
Reasonable steps have been taken to ensure that the transferred information will be handled in a manner consistent with the Australian Privacy Principles.
The individual has been explicitly informed that their consent to the transfer will waive certain protections, and they have provided such consent.
B. Client Consent for International Transfers
By engaging our services, clients consent to international data transfers under the following circumstances:
The transfer is necessary for adequate representation.
The transfer is required for the performance of a contract between the individual and Counsel Partners, or for implementing pre-contractual measures at the individual's request.
The transfer is necessary for the conclusion or performance of a contract that benefits the individual, and is between Counsel Partners and a third party.
The transfer benefits the individual, it is impractical to obtain their consent, and it is likely that they would consent if it were practical.
Section 16: Sensitive Information
Counsel Partners will only collect sensitive information under the following conditions:
The individual has consented, and the information is essential for the law practice's activities.
The collection is mandated by law or court order.
The collection is necessary to prevent a serious threat to individual or public safety, and the individual is unable to give consent.
The law practice suspects unlawful activity related to its functions and needs the information for investigation or reporting.
The law practice believes the information is necessary for specific legal or dispute resolution processes.
Section 17: Health Information
Counsel Partners may collect health information for public health research, statistical compilation, or health service management. The collection will be de-identified where possible and will comply with relevant laws and professional guidelines.
Section 18: Website Data Collection
A. Statistical and Administrative Purposes
Our website collects data for statistical and administrative purposes.
B. Use of Cookies
Cookies may be used to enhance user experience. Users can opt-out.
C. Data Transmission Security
Data transmission over the internet is not entirely secure; users should exercise caution.
D. Responsibility for Third-Party Websites
Counsel Partners is not responsible for third-party websites linked to our site.
Section 19: Data Retention Period
Counsel Partners will retain personal and sensitive information for a period that is reasonable and necessary for the fulfilment of the purposes for which it was collected, or as required by applicable laws and regulations. The criteria used to determine this period include legal obligations, contract duration, and business necessity.
Section 20: Data Breach Response
In the event of a data breach that compromises the security, confidentiality, or integrity of personal or sensitive information, Counsel Partners will take immediate steps to identify and rectify the breach. Affected individuals and relevant authorities will be notified in accordance with applicable laws.
Section 21: Rights of the Data Subject
Individuals have the right to access, correct, or delete their personal information held by Counsel Partners. They also have the right to object to certain types of data processing and to request data portability. Requests can be made in writing to the contact details provided in this policy.
Section 22: Updates to the Privacy Policy
Counsel Partners reserves the right to update this privacy policy from time to time. Any changes will be communicated through appropriate channels, and individuals are encouraged to review the policy periodically.
Section 23: Complaints Procedure
Individuals who have concerns about how their personal information is being handled can lodge a complaint in writing. Counsel Partners will investigate and respond to complaints in a timely and transparent manner.
Section 24: Jurisdiction and Governing Law
This privacy policy is governed by the law in force in Victoria, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of Victoria, Australia, and all courts of appeal from them, for determining any dispute concerning this policy.
Section 25: Further Information
For more details on this policy, please contact Counsel Partners:
Email to privacy@counsel.partners
Mail and deliveries to PO Box ###
Daylesford VIC 3460
AustraliaTelephone: +61 3 5348 4048
Issue Date: 30 October 2023. Updated 4 July 2024
Limited Liability by a Scheme approved under Professional Standards Legislation.
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