1. Introduction

 

Crampton & Co Lawyers ("we", "us", "our") is committed to protecting your privacy and maintaining the confidentiality of information entrusted to us.

 

As a legal practice, we are subject not only to the Privacy Act 1988 (Cth) and the Australian Privacy Principles, but also to professional obligations of confidentiality and duties relating to legal professional privilege.

 

This Privacy and Confidentiality Policy explains how we collect, use, store, disclose and protect personal information and confidential information obtained in the course of providing legal services.

 

By using our website, contacting us, or engaging our services, you acknowledge that your information may be collected, used and disclosed in accordance with this Policy.

 

2. Personal Information We Collect

We may collect personal information, including:

• name, address and contact details;

• date of birth;

• identification documents and verification information;

• employment and financial information;

• information concerning family relationships;

• information relevant to legal disputes or proceedings;

• court documents and correspondence;

• information relating to criminal, civil, family, employment, commercial or other legal matters;

• information provided by third parties relevant to a matter; and

• any other information reasonably necessary for the provision of legal services.

 

We may also collect sensitive information, including:

• health information;

• criminal history information;

• information relating to allegations, investigations or court proceedings;

• biometric or identification information where required for verification purposes; and

• other sensitive information relevant to legal services.

 

Sensitive information will only be collected where reasonably necessary for the provision of legal services, with consent where required, or as otherwise permitted or required by law.

 

3. Confidential Information and Legal Professional Privilege

 

Information provided to us may be confidential and may also attract legal professional privilege.

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Legal professional privilege may apply to communications and documents created for the dominant purpose of:

• obtaining legal advice;

• providing legal advice; or

• existing or anticipated litigation or legal proceedings.

 

Crampton & Co Lawyers takes reasonable steps to preserve and protect confidential and privileged information.

 

Nothing in this Policy is intended to waive, limit or affect any legal professional privilege that may attach to communications or documents.

 

Where information is subject to legal professional privilege, we will seek to maintain that privilege and will not intentionally disclose privileged information except:

• with the client's authority;

• where necessary to carry out the client's instructions;

• where disclosure is required or authorised by law; or

• where otherwise permitted by law.

 

4. How We Collect Information

 

We may collect information:

• directly from clients;

• from prospective clients;

• through our website;

• by telephone, email, video conference or written correspondence;

• from authorised representatives;

• from courts, tribunals and government agencies;

• from police and law enforcement agencies;

• from barristers, experts, witnesses and investigators;

• from opposing parties and their legal representatives;

• from publicly available records; and

• from other persons where authorised by the client or permitted by law.

 

5. Why We Collect Information

 

We collect information for purposes including:

• providing legal advice and legal representation;

• conducting conflict checks;

• verifying identity;

• communicating with clients and third parties;

• preparing court documents and legal correspondence;

• negotiating and resolving disputes;

• complying with professional, ethical and legal obligations;

• managing billing and trust accounting obligations;

• recovering unpaid fees;

• improving our legal services; and

• any purpose reasonably connected with the conduct of our legal practice.

 

6. Disclosure of Information

 

Crampton & Co Lawyers recognises that information obtained from clients is often confidential and sensitive.

 

We will only disclose information where:

• authorised by the client;

• reasonably necessary to provide legal services and carry out the client's instructions;

• required to engage barristers, experts or consultants;

• required for court proceedings or dispute resolution processes;

• required by law;

• permitted by law; or

• necessary to protect our legal rights.

 

Depending upon the nature of the matter, information may be disclosed to:

• courts and tribunals;

• government agencies;

• law enforcement agencies;

• barristers;

• expert witnesses;

• mediators;

• process servers;

• consultants;

• financial institutions;

• opposing parties and their legal representatives; and

• technology and document management service providers.

 

Where practicable, disclosures will be limited to information reasonably necessary for the relevant purpose.

 

7. Storage and Security

 

We take reasonable steps to protect information against misuse, interference, loss, unauthorised access, modification or disclosure.

 

Security measures may include:

• secure electronic document management systems;

• encrypted communications;

• password protection and multi-factor authentication;

• secure cloud-based legal practice management systems;

• restricted staff access;

• secure storage of physical files; and

• secure destruction of information when no longer required.

 

Despite these measures, no method of electronic transmission or storage can be guaranteed to be completely secure.

 

8. Overseas Storage and Service Providers

 

Some electronic service providers used by Crampton & Co Lawyers may store information on servers located outside Australia.

 

Where overseas storage or processing occurs, we will take reasonable steps to ensure that service providers maintain appropriate security measures and confidentiality protections.

 

9. Website, Cookies and Analytics

 

Our website may use cookies and similar technologies to:

• improve website functionality;

• monitor website performance;

• analyse website traffic; and

• enhance user experience.

 

Users may disable cookies through their browser settings, although some website functionality may be affected.

 

Our website may contain links to third-party websites. We are not responsible for the privacy practices or content of those websites.

 

10. Access and Correction

 

Subject to applicable law and professional obligations, you may request access to personal information held by us and request correction of inaccurate information.

Requests should be made in writing.

 

Access may be refused where permitted by law, including where legal professional privilege, confidentiality obligations, court orders or other legal restrictions apply.

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11. Retention of Client Files and Records

 

We retain client files and records in accordance with legal, regulatory and professional obligations.

 

Following completion of a matter, records may be retained for the period required by law and professional standards before being securely destroyed or de-identified.

 

Clients should note that original documents may be returned to them during or after the course of a matter.

 

12. Complaints

 

If you have concerns regarding our handling of personal information or confidential information, please contact us in writing.

 

We will investigate complaints promptly and endeavour to provide a written response within a reasonable time.

 

If you remain dissatisfied, you may contact the Office of the Australian Information Commissioner or any other appropriate regulatory body.

 

13. Changes to this Policy

 

We reserve the right to amend this Policy from time to time.

 

The current version will be published on our website.

 

14. Contact Us

 

Crampton & Co Lawyers

Email: admin@cramptons.com.au

Website: cramptons.com.au

 

Privacy and Confidentiality Disclaimer

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This Policy is intended to describe the general manner in which Crampton & Co Lawyers manages personal information and confidential information.

 

Nothing in this Policy creates contractual rights or obligations beyond those imposed by law.

 

Nothing in this Policy is intended to waive, limit or affect any legal professional privilege, duty of confidentiality, or other legal protection that may attach to information provided to or held by Crampton & Co Lawyers.

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Liability limited by a scheme approved under Professional Standards Legislation.

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