Sinclair and May Pty Ltd as trustee for Sinclair & May Unit Trust (ABN 30 158 732 738) (“Sinclair + May” “us”, “we”, “our”) understands and respects the importance of respecting and protecting private information and take this seriously. We commit to complying with the Privacy Act 1988 (Cth) (“Privacy Act”) and the applicable Privacy Principles handling personal information, together with the General Data Protection Regulation (GDPR) to the extent it applies.

Personal information includes personal data (as defined in the GDPR) and means any information or opinion, whether true or not, about a person who is identified or whose identity can reasonably be established or any information relating to an identified or identifiable natural person (“Personal Information”).

How we collect Personal Information:

We collect Personal Information for the purposes of providing our professional legal services and engaging with current, potential and former clients (“Services”). We may collect information through our website located at website https://sinclairmay.com.au (“Website”) or directly from you through the completion of enquiry forms, in person, verbally and/or in writing.

We sometimes receive Personal Information from other people or professional service providers, when they contact us with potential referrals. For example, an accountant may provide contact details for a potential client who has requested legal assistance, to enable us to contact that client.

What we collect:

The kind of Personal Information we may collect and the way that we collect it, will depend on who you are and the nature of your interaction with us. However, to provide our Services we will generally require your full name, email address, residential address and billing information.

We may also collect Personal Information during conversations that we have when you enquire about our Services or during the provision of these Services.

If you do not provide us with all the information we request, we may not be able to provide our Services.

Your consent:

By enquiring about or engaging us to provide Services, providing any details through forms or subscriptions on our Website, and/or using our Website or supplying information or documents to us, you freely give your specific and informed consent to us collecting, using and disclosing your Personal Information in accordance with this Privacy Policy.

How we use Personal Information:

We may use any Personal Information collected to provide our Services, operate the Website, send you our newsletter or legal updates, respond to feedback and complaints, communicate with third party service providers, or if needed to enforce any terms of use or other agreement with you. If you are a third-party service provider, we will use your Personal Information to email you to accept your offer to provide Services, correspond with you in relation to the provision of Services and to pay your invoices.

In all cases, unless you have opted out, you consent to us using your Personal Information for direct marketing purposes by us alone in order to tell you about our Services. We may contact you by mail, telephone, email or SMS to market our Services and Services. We will always give you the opportunity to opt out of receiving any future correspondence.

Disclosure and sharing:

We will only ever disclose or share Personal Information where required to provider our Services, or in accordance with applicable laws. It may be shared with our employees or consultants, contractors or third parties engaged to perform functions on our behalf (including debt collection or legal services, if required).

Personal Information is stored in the software or other programs and applications that we use from time to time, including Clio, Microsoft 365, Xero, Calendly and MailChimp.

You expressly agree that we may disclose Personal Information third parties for purposes associated with your purchase of our Services and to third party service providers we engage to help us deliver our Services.

Some places outside of Australia may have inadequate data protection laws or may offer differing levels of protection of Personal Information which are not as high as in Australia. We agree only to use data processers who provide sufficient guarantees and that they will implement appropriate technical and organisational measures that ensure compliance with the GDPR and protect the rights of the data subject, and only to third parties who agree to comply with this Privacy Policy.

Data security, protection and quality:

We will take reasonable steps to protect the Personal Information we collect and hold from misuse, loss and interference and from unauthorised access and modification. However, you acknowledge that the transmission of information over the internet is not always secure, and that we cannot control the security of information that is not held or controlled by us.

We have procedures of monitoring the security and safety of data as well as procedures in place for dealing with any data breaches, and the associated requirements of notifying you and appropriate authorities where that data security of your Personal Information is breached. To assist us, please ensure you provide us with your correct details, and let us know if you believe the information we have about you is inaccurate, incomplete, out of date or misleading (and we will take reasonable steps to correct the information). We may take steps to destroy or permanently de-identify information when it is no longer needed for any purpose for which it may be used or disclosed. We may retain and use de-identified information.

Marketing:

We may contact you with information about legal or other updates that may be relevant or of interest to you, which may include information about services that we offer. You may opt out of receiving any newsletter, update or marketing email at any time.

Your right to erasure:

The right to erasure (which encompasses the ‘right to be forgotten’) gives you a right to require us to delete your Personal Information in certain circumstances, and/or to return it to you including, but not limited to where your Personal Information is no longer necessary for the purpose for which it was collected, or where you withdraw your consent and there is no other legal ground for processing your data. If you wish to have your Personal Information erased and/or returned to you please notify us at hello@sinclairmay.com.au

Cookies:
We may use “cookies”; technology to store data on your computer and to track the demographics of users using the functionality of your browser. Many websites do this because cookies allow the website publisher to do useful things like find out whether the computer has visited the website before.

You can modify your browser to prevent cookie use – but if you do this our service (and our Website) may not work properly. The information stored in the cookie is used to identify you. This enables us to operate an efficient service and to track the patterns of behaviour of visitors to our Website.

In the course of serving advertisements to our Website (if any), third-party advertisers or ad servers may place or recognise a unique cookie on your browser. The use of cookies by such third-party advertisers or ad servers is not subject to this Privacy Policy, but is subject to their own respective privacy policies.

Access, correction and complaints:

You can request, and we will provide you with access to, and a copy of any Personal Information we hold about you  (subject to any applicable legal exceptions). Please also let us know if you have any concerns or complaints about the way we are handling your Personal Information so we can address them. Requests should be submitted by email to hello@sinclairmay.com.au. Where our records are found to be inaccurate, or if you wish to modify the Personal Information we hold about you, we will promptly make these changes on the basis of the further information you provide.

Transfer in certain circumstances:

If there is a sale, merger, consolidation, change in control, transfer of substantial assets, reorganisation or liquidation of us then, in our sole discretion, we may transfer, sell or assign Personal Information collected to one or more relevant third parties, subject always to this Privacy Policy.

Changes to this Privacy Policy:

This Privacy Policy forms part of the terms and agreements between you and us (either in your capacity as a client or a third-party service provider). We may, from time to time, amend this Privacy Policy, in whole or part, in our sole discretion. Any changes to this Privacy Policy will be effective immediately upon the posting of the revised Privacy Policy on website https://sinclairmay.com.au. By continuing to use the Website and/or our Services following any changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Privacy Policy, as amended from time to time, in whole or part, you must terminate your use of the Website and inform us immediately prior to any further receipt of our Services.

Contact us:

If you have any questions about this Privacy Policy, or if you wish to request access to your Personal Information, correct or update you details or raise any privacy concerns you may have, please contact us at to hello@sinclairmay.com.au.

 

For further information on your privacy rights go to: www.privacy.gov.au

For further information on the GDPR, go to:

https://ec.europa.eu/info/law/law-topic/data-protection_en