This Privacy Policy applies to all personal information collected by Elawquent Pty Ltd trading as Michele Davis Estate Law (We/Us/Our) including information collected via:

What is ‘personal information’?

The Privacy Act 1988 (Cth) currently defines “personal information” as meaning information or an opinion about an identified individual or an individual who is reasonably identifiable:

  • whether the information or opinion is true or not; and
  • whether the information or opinion is recorded in a material form or not.

If information do not disclose your identity or enable your identity to be ascertained, it will in most cases not be classified as “personal information” and will not be subject to this privacy policy.

What information do we collect?

The kind of personal information that we collect from you will depend on how you engage with us or use our website. The personal information which We collect and hold about you may include:

  • Your name, age, date of birth, contact details;
  • Credit card or payment details;
  • Client feedback and testimonial information
  • Additional personal information you provide to us; and
  • Any other personal information requested by us and/or provided by you or a third party such as Google or our third party payment processor.

How we collect your personal information

We may collect personal information from you whenever you input such information into our Website. We may collect information from you through the use of Microsoft Forms to enable easier delivery of information from you to us.

We also collect cookies from your computer which enable us to tell when you use the website and also to help customise your website experience. As a general rule, however, it is not possible to identify you personally from our use of cookies.

Purpose of collection

The purpose for which we collect personal information is to provide you with the best service experience possible when you engage with us or use our website.

We customarily disclose personal information only to our service providers who assist us in operating the website. Your personal information may also be exposed from time to time to maintenance and support personnel acting in the normal course of their duties.

By providing us with personal information, you consent to the receipt of direct marketing material. We will only use your personal information for this purpose if we ha e collected such information direct from you, and if it is material of a type which you would reasonably expect to receive from use. In We do not use sensitive personal information in direct marketing activity. Our direct marketing material will include a simple means by which you can request not to receive further communications of this nature.

Using your personal information

We may collect, hold, use and disclosure personal information for the following purposes:

  • To engage you to access our services and use our website;
  • To contact and communicate with you;
  • For internal record keeping, administrative purposes, invoicing and billing purposes;
  • For analytics, market research and business development;
  • For advertising and marketing;
  • To comply with our legal obligations and resolve any disputes that we may have; and
  • To consider an employment application.

Disclosure of personal information to third parties

We may disclose personal information to:

  • Third party service providers for the purpose of enabling them to provide their services;
  • Our employees or contractor;
  • Our existing or potential agents or business partners;
  • Sponsors or promoters of any competition we run;
  • Anyone to whom our business or assets (or any part of them) are, or may (in good faith) by, transfserred;
  • Credit reporting agencies, courts, tribunals and regulatory authorities, in the event you fail to pay for goods and services we have provided to you;
  • Courts, tribunals, regulatory authorities and law enforcement officers, as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defence our legal rights;
  • Third parties, including agents or sub-contractors, who assist us in providing information products, services or direct marketing to you. This may include parties located, or that store data, outside of Australia; and
  • Third parties to collect and process data, such as Google Analytics or other relevant business. This may include parties that store data outside of Australia.

By providing us with personal information, you consent to the disclosure of your information outside of Australia and acknowledge that we are not required to ensure that overseas recipients handle that personal information in compliance with the Privacy Act and the Australian Privacy Principals (APPs).

Access and correction

Australian Privacy Principle 12 permits you to obtain access to the personal information we hold about you in certain circumstances, and Australian Privacy Principle 13 allows you to correct inaccurate personal information subject to certain exceptions. If you would like to obtain such access, please contact us as set out below.

Storage and security

We are committed to ensuring that your personal information we collect is secure.  In order to prevent unauthorized access or disclosure, we have put in place suitable internal procedures to safeguard and secure the personal information and protect it from misuse, interference and unauthorized access, modification and disclosure.

We cannot guarantee the security of any information that is transmitted to or by us over the internet. The transmission and exchange of information is carried out at your own risk. Although we take measures to safeguard against unauthorized disclosures of information, we cannot assure you that the personal information we collect will not be disclosed in a manner that is inconsistency with this privacy policy.

Complaints procedure

If you have a complaint concerning the way we maintain the privacy of your personal information, please contact us as set out below. All complaints will be considered by Michele Davis and we may seek further information from you to clarify your concerns. If we agree that your complaint is well founded, we will, in consultation with you, take appropriate steps to rectify the problem. If you remain dissatisfied with the outcome, you may refer the matter to the Office of the Australian Information Commissioner.

Overseas transfer

Your personal information may be transferred to an overseas jurisdiction with have data protection laws, such as the United States of America, the United Kingdom or countries within the European Union (EU). These countries have data protection laws which protect personal information in a way which is at least substantially similar to the Australian Privacy Principles, and there will be mechanisms available to you to enforce protection of your personal information under that overseas law. In the circumstances, we do not require the overseas recipients to comply with the Australian Privacy Principles and we will not be liable for a breach of the Australian Privacy Principles if your personal information is mishandled.

European Union General Data Protection Regulation (GDPR)

In some circumstances, the European Union General Data Protection Regulation (GDPR) provides additional protection to individuals located in Europe. Where this is the case, there may be additional rights and remedies available to you under the GDPR if your personal information is handled in a manner inconsistent with that law.

How to contact us about privacy

If you have any queries, or if you seek access to your personal information, or if you have a complaint about our privacy practices, you can contact us on 0407 052 097 or by email at md@micheledavis.com.au