We are bound by and comply with the Australian Privacy Principles derived from the Privacy Act 1988 (Cth). This privacy policy expressly enumerates how we collect, use and disclose information in the provision of legal services. 

1. Types of Information Collected

1.1 Personal information is information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether true or not, and whether recorded in a material form or not. In general, the type of personal information we collect and hold includes but is not limited to: names, birth dates, addresses, contact details, occupations, qualifications, financial and tax records, family situations, other information which assists us in providing legal services and allows us to ensure we meet our legal obligations. 

1.2 Sensitive information is a sub-set of personal information and includes information about a person's racial or ethnic origin, political affiliation, religious affiliation, medical history and treatment, disability, trade union or other professional or trade association membership, sexual preferences and criminal record. We will only collect sensitive information about you with your consent or when permissible under Australian law and will only use this information for a legitimate purpose where it is reasonably necessary.

2. Collection of Information

2.1 Where possible, we collect information directly from you during the course of providing legal services. Where it is not practicable or reasonable to collect information directly from you, we may collect it from third parties including but not limited to: governmental, statutory and regulatory authorities, law enforcement authorities, health professionals, accountants and financial advisers.

3. Purpose of Collection

3.1 We collect information for the purposes of:

3.1.1 Assessing and processing inquires and requests for the provision of legal services.

3.1.2 Providing legal services.

3.1.3 Complying with legal obligations imposed on us.

4. Disclosure

4.1 Subject to our professional obligations, we may disclose information to:

4.1.1 Any person or entity where necessary or desirable in connection with the provision of legal services including but not limited to governmental, statutory and regulatory authorities, law enforcement authorities, courts and tribunals, barristers, accountants and financial advisers, experts, valuers and financial institutions.

4.1.2 Third party service providers including but not limited to Infotrack and Property Exchange Australia (PEXA) as part of providing legal services. 

4.2 We may be compelled to disclose information we hold about you by law. This may occur as a result of a court order or statutory notices to produce documents under laws pertaining to social security, taxation, bankruptcy, anti-money laundering, counterterrorism and the management of incorporated entities.

4.3 Where information is disclosed, disclosure will occur in accordance with the Australian Privacy Principles and/or with your consent if required. 

5. Security

5.1 We hold information in paper-based and electronic files with reasonably appropriate measures in place to protect against misuse, loss and unauthorised access, modification or disclosure.

5.2 At the conclusion of legal matters, we are required to retain information for a minimum period of 7 years. When we no longer require information, paper-based files are securely destroyed and electronic files are deleted from our systems.

5.3 Whilst we have reasonably appropriate measures in place to protect the security of information we hold, we make no representation or warranty as to the security of information we hold and do not accept liability if, despite our efforts, loss or damage arises from a failure to maintain privacy. 

6. Access and Correction

6.1 Pursuant to Australian Privacy Principles 12 and 13, you have a right to access and seek correction of information about you that we hold. Please address all requests for access and correction of information to The Privacy Officer Mitchell Cronin Solicitor Po Box 339 Nelson Bay NSW 2315. 

6.2 We reserve the right to recover our reasonable costs for providing access to, and correcting any information that we hold.

7. Enquiries and Complaints

7.1 If you have any enquiries or complaints about this privacy policy, our handling of your information or our compliance with obligations imposed by Australian privacy law, please address your correspondence to The Privacy Officer Mitchell Cronin Solicitor Po Box 339 Nelson Bay NSW 2315. The Privacy Officer will endeavour to respond to you within a reasonable time (normally, fourteen (14) days after receipt of your correspondence). If after receiving the Privacy Officer’s response your enquiry or complaint has not been resolved you may refer your enquiry or complaint to the Office of the Australian Information Commissioner on 1300 363 992 or enquiries@oaic.gov.au.

8. Definitions

8.1 In this privacy policy the following are defined terms:

8.1.1 Us / We / Our means David A Vitnell Property Lawyer.

8.1.2 This Website means http://www.davidavitnellpropertylawyer.com.au and any subsidiary pages.

8.1.3 Information means personal information as defined in 1.1 of this privacy policy and sensitive information as defined in 1.2 of this privacy policy.