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Privacy Policy

Dev Smith Nguyen respect your privacy and aim to avoid interference with your privacy in your dealings with us. We will collect, handle and process your personal data with the the most care and in accordance with the law.

Updated: 05/05/2020 to current

Dev Smith Nguyen Lawyers

ACN 630 960 600

Dev Smith Nguyen Lawyers and its related entities (collectively ‘Dev Smith Nguyen’, ‘we’, ‘us’, ‘our’, Dev Smith Nguyen Lawyers websites and subdomains) respect your privacy and aim to avoid interference with your privacy in your dealings with us. We will collect, handle and process your personal data with the utmost care and in accordance with the law.

I. General Policy

1. Kinds of information we receive

We collect, receive, use, disclose and manage the following types of information:

Personal data‘ or ‘personal information‘ which is information or an opinion about an identified natural person or reasonably identifiable natural person, whether true or not and whether it is recorded in a material form or not. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

Examples include:  an individual’s name, date of birth, signature, address and contact details, occupation, employment history, family situations, bank account details, credit or debit cards, Paypal account, financial and tax information, IP address.

Sensitive information‘ is a sub category of personal information and includes information or opinion about an individual’s racial or ethnic origin, political opinions and affiliations, religious or philosophical beliefs, membership of professional or trade associations or of a trade union, sexual orientation or practices, criminal record, health information including information about physical and mental health, notes on symptoms, diagnosis, disability and treatment, information about suitability for work and other health related information.

Government Related Identifiers‘ (‘GRI’) are numbers, letters or symbols assigned by a State or Territory authority or agency to identify an individual or verify identity.

Examples are Tax File Numbers, Medicare Numbers, Centrelink References, Driver’s License Numbers and Passport details. We only collect, receive, use, disclose or manage GRI in accordance with the law.

The words ‘information about you’ refers to personal and sensitive information (or special categories of information) and GRI managed by us.

2. Why we collect and process information about you

We collect, receive, use, disclose and otherwise process the kinds of personal information set out above only where it is reasonably necessary for us to do so. The general purposes for processing your personal information, the main consequences (if any) if the information is not provided and the legal basis for such processing are set out below:

If you are a client or prospective client we collect, receive, use, generate, disclose and otherwise process information about you that is reasonably necessary for the primary purpose of providing legal services.

If we are required to process special categories of personal information in order to provide legal services to you (for example, your medical records), we will obtain your consent prior to doing so.

If you are a visitor of our website, we collect, receive, use, generate, disclose, it is in our legitimate interest to use your personal information in order to provide legal services and conduct and manage, and improve our legal services business.

We also process information about you for the following related purposes:

  • determining if we are able to assist you with your legal matter;
  • assessing and processing inquiries and requests for legal services;
  • securing litigation and/or disbursement funding;
  • market research and analysis;
  • recovering moneys that you may owe us; and
  • to inform you about any relevant legal services provided by us.

We will process your information where necessary to comply with a legal obligation to which we are subject.

You are not obligated to provide the requested information about you. However, if it is not given we will be unable to provide the legal services you require.

It is in our legitimate interests to engage third party service providers to administer and manage our legal services business.

Where you provide us with personal information about someone else, you must have their consent to provide their personal information to us based on this privacy policy.

3. How we collect the information about you

Most information about you is collected directly from you and with your authority:

  • Directly from you
  • In writing either by papers or electronics
  • From phone calls between you and us
  • From documents provided by you
  • Data from our website and the internet as a result of receiving bookings, contact forms, or emails.

4. Usual use or disclosure of information about you

We disclose information about you to the following third parties or entities outside of Dev Smith Nguyen where it is reasonably necessary for the purposes set out in Section 2 above:

  • courts, tribunals, ombudsmen, commissions and regulatory authorities (information provided to courts and tribunals may be made available to other parties to the litigation and will be on the public record);
  • other parties involved in your matter and their solicitors (for example, counter parties to litigation or a transaction);
  • third parties or entities who assist us in providing legal services or who provide services to you, or who provide services to us including recruitment services, data storage, distribution and mailing services, direct marketing, technology support services, and business development services;
  • insurers;
  • litigation and disbursement funders;
  • unions;
  • market researchers and analysts;
  • any entity or person with your authority.

We have contractual arrangements with our service providers which require them to protect your personal information in accordance with the Privacy Laws, including that they only use it for the purpose for which it is disclosed.

5. Additional uses of information about you

We may also use information about you to inform you of matters that may be of interest to you, such as direct marketing information to inform you of improvements or expansion of services we provide, changes to the law or potential legal claims that you may have. Your name and address may be provided to a mailing house for those purposes. If you do not want us to use information about you in this way, please advise the lawyer handling your matter or  emailing contact@devsmithnguyen.com.au.

We will only process your information in this way if you have provided consent and have not unsubscribed from our email marketing service.

We may also use information about you within Dev Smith Nguyen to help enhance the quality of legal services we offer to other clients or to the wider community.

II. Website and Cookies

1. Website and Social Networking

It is in our legitimate interests to use your personal data which may be collected or generated on our website to provide our legal service to you, and improve our services and enhance the user experience on our website. We also use third parties to analyse web browsing and traffic on our website, which may involve the use of software, such as cookies, to collect information. We share your information with service providers that provide us with services for the purpose of operating the website, make your booking, schedule your appointment, collect your payment, opening and operating your account as well as providing legal services.

Example: payment vendors, CRM systems, forum hosting, community management services, IT SaaS services, mailing systems or technical consultants.

Our contracts with those service providers do not permit use of your information for their own purposes. Consistent with applicable legal requirements, we take commercially reasonable steps to require third parties to adequately safeguard your personal information and only process it in accordance with our instructions;

We share your information with payment processors, for example Stripe and PayPal, fraud detection agencies and similar third parties for the purpose of securing our website and protecting it against fraud, unauthorized transactions (such as money laundering), claims or other liabilities;

Our website is also protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply with respect to data collected by reCAPTCHA. The use of Google reCAPTCHA is required in order to prevent fraud and misuse of the website by use of automated machines. To learn more, please see Google’s privacy policy.

2. Cookies

When you visit our website, we use industry-wide technologies such as “cookies” (or similar technologies), which store certain information on your computer and which will allow us, among other things, to enable automatic process, make your browsing much more convenient and effortless and allow us to test user experience and offer you personalized browsing or promotions. By continuing to use our website, you are agreeing to our placing cookies on your computer or device in accordance with the terms of this Policy.

The website uses cookies to collect statistical data about its use, to tailor the website’s functionality to suit personal preferences and to assist with various aspects of website operation. These files contain a variety of information such as information about Dev Smith Nguyen webpages visited by you, the length of time you visited, data about how you came to visit the website, areas viewed by you within the website, and additional information. Cookies remain on your device for the period described below.

The following is a more detailed explanation of the types of cookies we use:

  •  Necessary cookies:  Necessary cookies are essential and help you navigate the website. This helps to support security and basic functionality and are necessary for the proper operation of the website, so if you block these cookies we can’t guarantee your use or the security during your visit.
  • Functionality cookies:  Functionality cookies are used to provide you the best user experience. These cookies are, for instance, used to personalize content for you in line with your location. It also allows the website to remember choices made (like turning off use of cookies or which location you have previously selected) to provide more personal features.
  • Performance cookies:  Performance cookies help us to understand the behavior of users of the website. This allows us to continuously improve the website to provide the best service. These cookies are also used to help us understand how effective our website is. For example, these cookies tell us which pages visitors go to most often and if they get error messages from web pages. All of the information that these cookies collect is aggregated, to assist us to improve how the website works. Some of these cookies are managed by third parties, and you may refer to the third parties’ own website privacy notifications for further information. In particular, we use Google Analytics cookies to obtain an overall view of user habits and volumes, and to help improve the overall experience on the website. Google Analytics is a third-party web analysis service provided by Google Inc, which uses performance cookies and targeting cookies. The information generated by these cookies about your use of the website (including your IP address) will be transmitted to and stored by Google Inc on servers in the Australia.

Google will use the information collected for the purpose of evaluating your use of our website on our behalf, compiling reports on website activity and providing other services relating to activity and internet usage to us. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser as described below. Furthermore you can prevent Google’s collection and use of data (cookies and IP address) by downloading and installing the browser plug-in available under https://tools.google.com/dlpage/gaoptout?hl=en-GB. This creates an opt-out cookie which prevents the further processing of your data. For more information about Google Analytics cookies, please see Google’s help pages and privacy policy.

If you prevent these cookies, we cannot guarantee how our website will perform for you.

Blocking or Deleting Cookies

 We store a cookie on your computer or device to remember this for next time, so that we can store your preferences and save you time on subsequent visits by eliminating the need to repeatedly enter the same data. You may set your browser to block all cookies, including cookies associated with our services, or to indicate when a cookie is being set by us. You should do this through the browser settings for each browser you use.

The following links may assist you in managing your cookies settings, or you can use the ‘help’ option in your internet browser for more details:

3. External Links

Please note that our website contains links to third party sites and if you link to a third party site from our website, any data you provide to that site and any use of that data by the third party are not under the control of Dev Smith Nguyen and are not subject to this Policy. You should consult the privacy policies of each site you visit. This Policy applies solely to personal information collected by our website. If you upload content, including your personal information, to a social network and then tag our website, your submission will be subject to that social network’s terms of use and privacy policy, even where you post on an official Dev Smith Nguyen page on the social network. We do not have control over these terms of use and privacy policies and have not reviewed their adequacy. You should therefore review these before submitting any personal information.

4. Security

We take great care in maintaining the security of our website and your information and in preventing unauthorized access, loss, misuse, alteration, destruction or damage to it through industry standard technologies and internal procedures. We contractually ensure that any third party processing your personal information equally provide for confidentiality and integrity of your data in a secure way. However, the transmission of data via the internet is not completely secure, and although we will do our best to protect your personal information, we cannot guarantee the security of your data transmitted to our website; any transmission is at your own risk. Once we have received your data, we will use strict procedures and security features to try to prevent unauthorized access.

Users who have visited to our website agree to keep their information in strict confidence and not disclose such information to any third party.

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