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Disclaimer and Privacy Policy

The information on this page details the privacy policy of Davies Collison Cave, Patent and Trade Mark Attorneys and Davies Collison Cave Law  ("Davies Collison Cave") in relation to our privacy obligations to you as an individual and client or potential client.

Privacy Policy

The policy also governs our management of personal information about you which is collected by us or disclosed to us as a result of us acting for you or from you accessing our web site.

Personal information and your right to privacy

Protecting your privacy and the confidentiality of your "personal information" is very important to us. Personal information means information or an opinion (including information or an opinion forming part of a database) we hold about you from which we can determine your identity. For example, we will collect your name, address and other pertinent details when we take instructions from you in relation to a particular matter. Collecting and using this personal information ensures we can deliver our services to you as efficiently as possible. At Davies Collison Cave, we know that giving your personal information to us imposes a serious responsibility upon us. We are committed to protecting your personal information. Where your personal information may be disclosed, and to the extent that we can, we believe in giving you a choice as to whom we may disclose your personal information, who may use your personal information and how that personal information may be used. We believe that our Privacy Policy complies with the requirements of the Privacy Act 1988 (Cth).

How we collect your personal information

Generally, Davies Collison Cave will collect personal information directly from you, and only to the extent necessary to provide services to you. For example, we may collect personal information from you when you fill in a new client application form, deal with us over the telephone, provide us with instructions in relation to a matter or have contact with us in person. We might also obtain personal information about you from third parties with whom we are dealing on your behalf. We will collect personal information by lawful and fair means and not in an unreasonably intrusive way. The type of personal information we collect from you generally comprises name, address, gender, contact details (including phone, fax and e-mail) and information collected which is relevant to the service you require from us.

How we use and disclose your personal information

Generally, we collect your personal information in order to provide you with advice or a service you have requested from us. The personal information we collect from you ultimately allows us to provide you with more accurate advice and a better service.

We may also use or disclose your personal information for purposes related or ancillary to the main purpose for which we collect it and where such use or disclosure would be reasonably expected by you. Some examples are:

  • Helping us to build a relationship with you by, for example, providing you with newsletters or invitations to functions;
  • Internal accounting and administration;
  • Regulatory reporting and compliance;
  • Helping us to identify and inform you about other services which we could provide to you which may be of benefit to you.

Also, depending on the nature of the work we undertake for you we may instruct local or overseas specialists. For instance, foreign associates where an application for a foreign intellectual property right is concerned, or a local barrister in the case of litigation. In the course of doing this we may disclose your personal information, such as name and address details, to enable the specialist to perform the required function or determine whether a conflict exists.

Our Privacy Policy requires that these specialists be subject to obligations of confidentiality and are prohibited from using or disclosing your personal information for any purpose other than the reason it was provided to them. There are other situations where we are compelled by law to disclose your personal information. For instance, under certain circumstances we may be compelled to provide your personal information to law enforcement or other government agencies, or the Australian Taxation Office.

Our obligations of confidentiality and your consent

We have an obligation to keep confidential all personal information we hold about you. Generally, this obligation applies except where disclosure of your personal information is :

  • compelled by law - For example, disclosure to various government departments and agencies such as the Australian Taxation Office, and disclosure to courts under subpoena.
  • with your consent - Your consent may be implied or express and it may also be verbal or written.

You imply consent where we may reasonably conclude that you have given consent by the actions you take or do not take. For example, where you ask us to provide service, you consent to us storing, using, maintaining and disclosing your personal information to the extent necessary for us to provide that particular service to you in a complete, prompt and efficient manner.

If you do not consent to certain uses of your personal information we may not be able to provide that particular service to you. We reserve the right to make changes to our Privacy Policy and this Privacy Statement from time to time or as required by law.

Future contact and your privacy

From time to time we may use the personal information we collect from you to identify particular services or developments which we believe may be of interest and benefit to you. We may then contact you to let you know about these services or developments and how they may benefit you.

If you do not wish to receive this type of information from us, please tell us.

Quality, accuracy and correction of your personal information

If we have accurate personal information about you, it enables us to provide you with the best possible service. Davies Collison Cave takes reasonable steps to ensure that the personal information we collect, use and disclose is accurate, complete and up-to-date. If you find that the personal information we hold about you is inaccurate, incomplete or out-of-date, please contact us immediately and we will take reasonable steps to ensure that it is corrected. Where Davies Collison Cave does not agree with your view about the accuracy of the information and if you ask us to do so, we will take reasonable steps to note your claim where that information is stored and accessed.

Security of your personal information

Davies Collison Cave takes reasonable steps to protect your personal information from loss, misuse, unauthorised disclosure or destruction. We have in place generally accepted standards of technology and operational security in order to keep your personal information safe.

Our web site and your privacy

The internet has dramatically changed the way we do business. It allows Davies Collison Cave to provide services to you from the convenience of your own home or office. We understand that you may be concerned about the confidentiality and security of the personal information we collect from you online. Accordingly, we have systems in place to ensure our online dealings with you are as secure and confidential as your dealings with us in person or on the telephone

Cookies

A "cookie" is a file of information that allows the Davies Collison Cave servers (the computers that house our web site) to identify and interact more effectively with your computer. When you access our web site, we send you a "persistent cookie" that gives you a unique identification number. Cookies do not identify individual users, although they do identify a user's Internet browser type, number of visits to the Davies Collison Cave website, and your Internet Service Provider.

You can configure your Internet browser to accept all cookies, reject all cookies or notify you when a cookie is sent. Please refer to your internet browser's instructions or help screens to learn more about these functions. One month after you last visit our web site, the cookie expires, or "crumbles". This means it no longer exists on your computer and therefore it cannot be used for further identification or access to your computer.

Information logged on our web site

When you visit the Davies Collison Cave web site, our servers log the following information which is provided by your browser:

  • the type of browser and operating system you are using;
  • your Internet Service Provider and top level domain name, for example, .com, .gov, .au, .asn etc;
  • the address of any referring web site, for example, the previous web site you visited; and
  • your computer's IP (Internet Protocol) address (a number which is unique to the machine through which you are connected to the Internet).

All of this information may be used by Davies Collison Cave for aggregated statistical analysis or systems administration purposes only. No attempt will be made to identify users or their browsing activities, except where required by or under law.

Links to other sites

The Davies Collison Cave site contains links to other sites. In addition, some of the content appearing on the Davies Collison Cave web site may be supplied by third parties, for example, by framing third party web sites or the incorporation through "framesets" of content supplied by third party servers. While Davies Collison Cave will always endeavour to engage in business arrangements with commercial entities of good repute and ethical business practices, we are ultimately not responsible for the privacy practices or the content of such web sites. However, our contractual arrangements with these parties seek to ensure that an equivalent level of privacy protection is afforded to you. We encourage you to read and understand the privacy policies on those web sites prior to providing any information to them.

Searches

Search terms that you enter when using our search engine are collected, but are not associated with any other information that we collect. We use these search terms for the purpose of aggregated statistical analysis so we can ascertain what people are looking for on our web site, and to improve the services that we provide. Also, from time to time, we may use external companies to provide us with detailed aggregate statistical analysis of our web site traffic. At no time is any personal information made available to these companies, nor is the aggregate information ever merged with personal information such as your name, address, email address or other information you would consider sensitive or would compromise your privacy.

Access to your personal information

Davies Collison Cave will, at your request, and subject to applicable privacy laws, provide you with access to your personal information held by us. We will deal with your request in a reasonable time - usually within 14 days of receipt of your request. We will not charge you for making such a request but we may recover from you our reasonable costs incurred in supplying you with access to this information. In certain circumstances, the law permits us to refuse your request to provide you with access to your personal information.

Factors relevant to a refusal include where:

  • access would pose a serious threat to the life or health of any individual;
  • access would have an unreasonable impact on the privacy of others;
  • the request is frivolous or vexatious;
  • the information relates to a commercially sensitive decision making process;
  • access would be unlawful; or
  • access may prejudice enforcement activities, a security function or commercial negotiations

Disclaimer

This site contains summaries of the law on the particular subject matter and is not intended to be exhaustive.

More information

If you would like further details on any subject matter referred to or you wish to copy or reprint material for any purpose, please contact the Privacy Officer on +613 9254 2777 or privacy@davies.com.au.

You can obtain further general information about privacy protection from the Office of the Federal Privacy Commissioner by:

  • calling their Privacy Hotline on 1300-363-992; or
  • visiting its website at: http://www.privacy.gov.au/
  • by writing to:
    The Federal Privacy Commissioner
    GPO Box 5218
    Sydney NSW 1042.