Privacy Policy

CSM Lawyers Pty Ltd t/a Cowen Schwarz Marschke Lawyers (“CSM”) is committed to providing high quality legal services, and this policy outlines our ongoing obligations in relation to the management of any Personal Information you provide to us.

Where in this policy reference is made to “we, “us” or “our”, it means CSM.

We have adopted the Australian Privacy Principles (“APPs”) contained in the Privacy Act 1988 (Cth) (“Privacy Act”). The APPs govern the way in which we collect, use, disclose, store, secure and dispose of your Personal Information.

A copy of the APPs may be obtained from the website of The Office of the Australian Information Commissioner at: https://www.oaic.gov.au

What is Personal Information?

Personal Information is information or an opinion that identifies an individual. Examples of Personal Information include: names, addresses, email addresses, phone and facsimile numbers.

Personal Information also includes ‘sensitive information’, which is defined in the Privacy Act to include information or opinion about an individual’s racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.

Membership databases, email management, online forms and other collection of Personal Information

You can generally visit our website without revealing Personal Information, unless you choose to provide such information. The information received by us depends upon what you do when visiting our website.

Your email address will only be recorded if you choose to send us a message. It will only be used for the purpose for which you have provided it and will not be added to a mailing list unless at your request. Your email address will not be disclosed without your consent. If we act on behalf of a third party, that party is considered, in partnership with us, to be the co-collector of such data.

We may also collect statistical information about visitors to our website. Generally, this information cannot be used to identify particular individuals, but in some cases it may include a visitor’s internet protocol address which could be linked to the individual.

When we collect Personal Information we will, where appropriate and where possible, explain to you why we are collecting the information and how we plan to use it.

Discussion groups, mailing lists, online forums, bulletin boards

This website may host discussions groups, which allow discussion via posts on a website, or by email. Some of these services have a publicly accessible web archive. Where there is a web archive, subscribers are informed. If you subscribe to one of these services you should be aware that your complete email, including your email address, may be available across the web to anyone who searches through the archive.

You may unsubscribe from our discussions groups or mailing lists at any time by contacting us in writing.

Why we collect Personal Information

We collect your Personal Information:

  1. for the primary purpose of providing our legal services to you;
  2. for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure; and
  3. for purposes to which you have consented.

We may also use and disclose your personal information if it is required or authorised by law, where disclosure is necessary to prevent a threat to life, health or safety, or where we are otherwise permitted by the Privacy Act.

Security

We strive to ensure the security, integrity and privacy of Personal Information submitted to us, and we review and update our security measures in light of current technologies. Unfortunately, no data transmission over the Internet can be guaranteed to be totally secure. Accordingly, if you are providing Personal Information via an email or an online form, you should be aware that there are risks when transmitting data via the Internet unless it is encrypted with a security certificate. This website uses encryption and related server-side mechanisms for secure data transfer in certain areas of the website where financial transactions may take place (e.g. credit card details). In other cases where no financial transactions take place, web forms usually will not have encryption.

Your Personal Information will be stored in a manner that reasonably protects it from misuse and loss and from unauthorized access, modification or disclosure.

When your Personal Information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your Personal Information. However, most of the Personal Information is or will be stored in client files, which will be kept by us for a minimum of 7 years.

Access to your Personal Information

We will endeavour to take all reasonable steps to keep secure any information which we hold about you, and to keep this information accurate and up to date.

If, at any time, you wish to access your Personal Information that we hold, you may contact us. We will not charge any fee for your access request, but may charge an administrative fee for providing a copy of your Personal Information.

If, at any time, you discover that information held about you is incorrect, you may contact us to have the information corrected.

In order to protect your Personal Information, we may require identification from you before releasing or correcting your Personal Information.

Correcting your Personal Information

It is an important to us that your Personal Information is up to date. We will take reasonable steps to make sure that your Personal Information is accurate, complete and up-to-date. If you find that the information we have is not up to date or is inaccurate, please advise us as soon as practicable so we can update our records and ensure we can continue to provide services to you.

Links to other websites

We may provide links to third party websites outside of our website. These linked sites are not under our control, and we cannot accept responsibility for the conduct of persons or entities linked to our website. Before disclosing your Personal Information on any other website, we advise you to examine the terms and conditions of using that website and its privacy statement.

We do not make any representations about third party websites that may be linked to our website.

Privacy Policy – Complaints and enquiries

If you have any queries or complaints about our Privacy Policy please contact us at:

Level 8, 300 George Street, Brisbane, Queensland 4000

Telephone: +61 (0)7 300 300 00

Email address: [email protected]

We will endeavour to respond to all complaints and correspondence promptly.

Privacy Policy updates

This Privacy Policy may change from time to time, and will be available on our website.

Last updated:- May 2019

Terms Of Use and Disclaimer

Terms of Use

These website terms of use (“Terms”) apply to this website, which is operated by CSM Lawyers Pty Ltd t/a Cowen Schwarz Marschke Lawyers (“CSM”) under the domain name https://www.csmlawyers.com.au (“Site”).

Where in these Terms reference is made to “we, “us” or “our”, it means CSM.

By proceeding past our homepage, you agree to accept these Terms and we agree to grant you a non-exclusive and non-transferable licence to use the Site in accordance with the Terms set out below.

Our Privacy Policy

We treat personal data and information with respect and integrity. The Privacy Policy applicable to the Site explains how personal data and information will be treated when you access and interact with the Site. Our Privacy Policy can be accessed here.

Information and accessibility disclaimer

We have endeavoured to ensure that the information on the Site is accurate, but we make no representations or warranties about the suitability or accuracy of any information or content displayed on, or accessed through, the Site.

By viewing the Site, you expressly acknowledge and agree that nothing on the Site constitutes legal or other professional advice, or any form of recommendation. You should always obtain your own independent professional advice in relation to the information or content displayed on, or accessed through, the Site. We, our officers, employees and agents accept no responsibility for the misuse of any information or content displayed on, or accessed through, the Site by you or any third party.

This Site and its contents are delivered to you on an “as is” and “as available” basis only. We do not promise or warrant that the Site will be error-free or uninterrupted.

User conduct and restrictions

It is a condition of you using the Site that you are responsible for all your activity in connection with accessing the Site. You warrant to us that you will not use the Site for any purpose that is unlawful or prohibited by the Terms. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to the Site.

You cannot post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain personal data and information from any Site user.

If we issue you with a password that permits you to access certain parts of the Site, you are solely responsible for any use of the Site through such access, whether authorised or not.

It is a further condition of your use of the Site that you must comply with all applicable local, state, national and international laws and regulations that relate to your use or activities on the Site.

We reserve the right to record potentially criminal activity to appropriate law enforcement agencies. Copyright and trademark notice

The Site and the information and content displayed is protected by copyright under Australian law. Unless otherwise stated, the content and information displayed on the Site (including all editorial materials, information, photographs, illustrations, artwork, graphic materials, and names, logos and trademarks) are our property.

You must not to reproduce, distribute, publish, broadcast or circulate any content or material from this Site without our express prior consent.

Links

We may provide links on the Site to the websites of third-parties (“Links”). By accessing these Links, you acknowledge and agree that we have no control over the third-party websites and do not monitor or endorse the content or information on those third-party websites. Third party websites may be governed by their own terms of use and privacy policies, which you should read and understand.

You may not create a link to the Site from another website or document without our prior approval. If such approval is granted by us, you must ensure that the links are presented in a way that fairly and accurately represents us and the Site.

Disclaimer

To the extent permitted by law, we disclaim all warranties with respect to the information and services contained on the Site and your use of the Site, including any implied warranty of merchantability or fitness for purpose.

In no event will we, our officers, employees or agents be liable for any loss, costs, expense or damage whatsoever (including, but not limited to, special, indirect, consequential or incidental damages, damages for loss of profits, business interruption and loss of, or unauthorised access to, information) arising out of your use of the Site or the Site’s performance.

We accept no responsibility, and will not be liable for any damage to, or virus that may affect, your computer, equipment or other property due to your access or use of the Site, or due to you downloading any material, data, texts, images, video or audio from the Site.

To the extent that these Terms cannot lawfully exclude warranties or conditions by virtue of applicable legislation, our liability will be limited to the maximum extent possible by law.

This disclaimer does not attempt or purport to exclude liability arising under legislation if, and to the extent, such liability cannot be lawfully excluded.

Site visit data

As is the case for most websites, this Site makes a record of your visit, logging the following information for statistical purposes:

  1. your server’s address;
  2. the name of the top-level domain from which you access the Internet (for example, .gov, .com, .au, .nz, etc);
  3. the date and time of the visit to the Site;
  4. the pages accessed and documents downloaded; and/or
  5. the previous Internet address from which you linked directly to this Site. (In the cases where the referring site declines to pass this information on, these details are not obtained by the statistics server.)

We will not identify users or their browsing activities, except where a law enforcement agency (or government agency) may exercise a legal authority to inspect the ISP logs (e.g. by warrant, subpoena or notice to produce).

Cookies

A cookie is a piece of information that an Internet website sends to your browser when you access information at that site.

Parts of this Site may store cookies on your browser in order to better serve you when you next visit the Site. Cookies are optional for the user and your browser can be set either not to accept cookies, or to prompt you to accept them or not case by case.

Amending these Terms

We may change these Terms from time to time without notice, and such change will take effect when it is posted on the Site. Your continued use of the Site will be regarded as your acceptance of the Terms as amended.

Severance

If any provision contained in these Terms is found to be invalid or unenforceable by a Court, then that provision may be severed from these Terms, and such invalidity or unenforceability will not affect the remainder of these Terms, which will continue with full force and have full effect.

Governing law

These Terms are governed by and construed in accordance with the law of the State of Queensland, Australia. By accessing and using this Site, you expressly submit to the non-exclusive jurisdiction of the courts of the State of Queensland.

Last updated:- May 2019