Our Commitment

Davidsons and its related entities are committed to maintaining the privacy and confidentiality of personal information. Davidsons and its related entities will treat all personal information in accordance with all applicable privacy legislation in Australia including without limitation the Privacy Act 1988 (Cth) and the Privacy and Data Protection Act 2014 (Vic) (Privacy Law) and as such, we will adhere to the Australian Privacy Principles (APPs) when collecting, using, disclosing, securing and providing access to personal information.

We care about your privacy and will never rent, trade or sell your personal information to anyone. We will never publicly display your email address or other personal details that identify you.

Collection

Davidsons collects personal and sensitive information about individuals, including our clients, persons associated with or employed by our clients, or our business contacts, only to the extent necessary to provide our professional services and to effectively manage our business relationships.

The types of personal information we collect from you may include, but is not limited to:

Name and date of birth;

Residential and business postal addresses, telephone/mobile/fax numbers and email addresses;

Bank account and/or credit card details for agreed billing purposes;

Detailed information about your financial or personal circumstances, depending on the particular service we are required to provide; and

sensitive information which is defined under the Privacy Law to include things such as race, sexual orientation, political opinions, trade association or union membership, criminal record or health information.

The personal information Davidsons collects from you depends on how you interact with us. The information we collect will generally be collected through our communications or dealings with you. However, we may also collect it from third parties including but not limited to your Solicitor, third party service providers, banks, financial institutions, industrial regulatory bodies and Insurance companies. Depending on the type of services you are seeking, we may also conduct credit reports on our clients or collect your Tax File Numbers which are sensitive information.

In the course of providing our services, we collect personal information in a number of ways:

Electronically;

Via telephone;

Mail; or

Through our website.

Davidsons may also collect your personal information from a third party where:

You consented to the collection of information;

We are required or authorised under Australian law, court/ tribunal, or someone other than you; or

It is unreasonable or impracticable to obtain the information from you.

We may also collect personal information that is publicly available.

Use and Disclosure

Davidsons may use and disclose personal and sensitive information for the primary purpose for which it is collected, for reasonably expected secondary purposes which are related to the primary purpose and for any other purpose authorised by Privacy Law. Generally, Davidsons uses personal and sensitive information to provide specified professional services, and to raise awareness about recent business-related developments that may be of relevance or interest. We may also share personal information internally within Davidsons and its related entities, in order to communicate information about our wide range of business services or latest business solutions. Any sharing of personal information internally within Davidsons and its related entities, will be subject to the same privacy obligations as set out in this Privacy Policy. You may opt out of any marketing or promotional communication that we send you, simply by contacting us by email or clicking on the opt out link on any communication we send to you.

Generally, Davidsons obtains your consent in writing or implied, prior to disclosing your personal information to a third party. However, in some circumstances we may use and disclose your personal and sensitive information where use or disclosure is required or permitted by Law or in emergency situations.

Davidsons may be required to provide your personal and sensitive information to:

Australian Taxation Office (“ATO”);

Australian Securities and Investments Commission (“ASIC”);

Financial planning institutions; and

Third parties or external contractors carrying out functions and duties for and on behalf of Davidsons or its related entities.

By giving Davidsons your personal information, you consent to Davidsons transferring and disclosing your personal information (including sensitive information) in accordance with the terms of this Privacy Policy. Davidsons will take all reasonable steps to notify you of the information collected, used and disclosed at all times.

Disclosure of personal information overseas

Davidsons may disclose an individual’s personal information to a recipient which is located outside Australia. This includes any financial institution which the individual holds an account with overseas where they have given Davidsons permission to make enquiries on their behalf. Where personal information is disclosed to overseas recipients, Davidsons will take reasonable steps to ensure that the overseas recipient provides a level of protection for personal information that is substantially similar to that provided under Australian Privacy Law and that the overseas recipient does not breach the APPs in relation to the information, unless you have provided consent or an exception applies under the Privacy Law.

Some encrypted data may be backed up or mirrored in overseas jurisdictions by third parties. However, Davidsons will not send personal information to recipients outside of Australia unless the individual has consented to the disclosure.

Outsourced Services and Disclosure of Personal Information

In delivering our professional services we may engage external service providers, including those located outside Australia, to assist in the provision of these services.

These providers may have access to personal information necessary to perform their duties. Where this occurs, Davidsons takes reasonable steps to ensure that any overseas disclosure complies with the APPs and the Information Privacy Principles (IPPs) under the Privacy and Data Protection Act 2014 (Vic).

This includes:

Ensuring that the overseas recipient is subject to a law or binding scheme substantially similar to the APPs or IPPs;

Implementing contractual arrangements that require the recipient to handle personal information in accordance with Australian privacy standards;

Limiting access to only the information necessary for the outsourced function;

Maintaining appropriate security and confidentiality protocols.

We are committed to ensuring that your personal information is handled in accordance with our Privacy Policy and applicable privacy legislation. Where personal information may be disclosed to external service providers, including those located overseas, we will take reasonable steps to inform you of the nature of the disclosure and seek your consent where required. You may withdraw or modify your consent at any time by contacting our Privacy Officer.

Disclosure of personal information to third parties

Davidsons may utilise third party providers (such as IT providers and market researchers) for its business and to deliver services to you. It may be necessary for us to disclose non-sensitive personal information to these providers from time to time. Such disclosure will be in accordance with this Privacy Policy and the APPs.

Data Quality & Security

Protecting personal information is a priority at Davidsons. We take into account security and confidentiality when handling personal information in both the physical and electronic environment.

It is also important to us that the information we maintain and use is accurate, complete and up to date. If at any time personal details change, please let us know so we can update our records. The information we hold about you is treated confidentially and is only accessed when necessary. Whilst we take caution to protect your personal information and data, no data transmission over the internet or electronically can be completely secure. Once we have received your information, Davidsons takes all appropriate measures to use procedures and security programs to ensure its security on our systems. We take reasonable steps to protect the information we retain from misuse, loss and from unauthorised access, modification or disclosure.  We will not retain any of your information for any longer than it is required by us, except to the extent permitted by law to satisfy legal requirements. Davidsons may also de-identify your information where applicable.

We will destroy or de-identify your personal information when it is no longer required. Personal information will be retained only for as long as necessary to fulfill the purposes for which it was collected or as required by law. After this period, information will be securely destroyed or de-identified.

Many of the service providers or third parties you may deal with through your relationship with Davidsons will also have privacy policies concerning the manner in which they collect, hold, use or disclose personal information which can be viewed on the relevant provider’s web site.

In the event of a data breach that is likely to result in serious harm to individuals, Davidsons will comply with its obligations under the Notifiable Data Breaches scheme, including notifying affected individuals and the Office of the Australian Information Commissioner as required by law.

You may also assist us to keep your personal information secure by ensuring appropriate back-ups, security and virus check procedures are in place for any data or information provided to or received from Davidsons electronically. Please use your discretion and exercise caution when providing your personal information.

Access and Correction

You may request access to the personal and sensitive information we retain about you and request corrections or deletions at any time. However, this right of access is subject to some exceptions permitted by law.

To make a request, please put your request in writing or call our Privacy Officer using the contact details below. We will provide a written response to your request within a reasonable timeframe, generally within 30 days of receiving your request.

Davidsons reserves the right to charge a fee for searching for and providing access to your personal information. In the event we refuse you access to your personal information, we will provide you with an explanation for that refusal.

We will endeavour to always ensure that the personal information that we hold about you is up to date and accurate. The accuracy of the personal information is dependent to a large degree on the information you provide, and you should advise us if there are any errors or changes to your personal information.

Identifiers

In some circumstances we are required to collect government identifiers, for example, your Tax File Number. We may be required to collect or disclose government identifiers from the Australian Taxation Office or a regulated entity to the extent permitted by law in the provision of our services. We will not use or disclose this information other than when required to do so by law, or when consented to by you.

Cookies

Davidsons use cookies and other similar technologies which often include an anonymous unique identifier. A “cookie” is technology that allows our web site to store information in your browser used only by our site while you are on our site. They serve to help us track web traffic and users’ preferred locations and languages. Each web site can send its own cookies to your browser if your computer software allows it. We may receive information from you via our cookies.

We may also use third-party cookies provided by trusted partners to help us analyze website usage and to provide additional functionality. These third-party cookies may collect information about your online activities over time and across different websites.

If you prefer not to receive cookies, you may alter your web browser configurations to decline cookies and therefore deliver no information. If you require further information in relation to cookies please contact us on the details below.

Sensitive Information

Without your consent, we will not collect sensitive information about you. Exceptions to this include where the information is required by law, or for the establishment, exercise or defence of a legal claim. We will notify you as soon as practicable should we require or collect sensitive information about you.

Changes to this Privacy Policy

As Davidsons is committed to ensuring this Privacy Policy remains current, this Privacy Policy is subject to change. Davidsons may modify this Privacy Policy at any time, in Davidson’s sole discretion and all modifications will be effective immediately upon Davidsons posting the modifications on our website. Where feasible, Davidsons will also directly notify affected individuals of material changes to this Privacy Policy using the contact information provided to us. Clients should return to our website periodically to review the terms of this Privacy Policy.

Complaints and Further Information

If you wish to complain about any breach or potential breach of this Privacy Policy or the Privacy Law, you should contact our Privacy Officer by any of the methods contained in this Privacy Policy and request that your complaint be directed to the Privacy Officer. Upon receipt of your complaint, we will acknowledge it in writing within seven days and aim to investigate and respond to your complaint within 30 days. We will keep you informed of the progress of your complaint, the steps we are taking to resolve it, and the outcome. If you are dissatisfied with our response or the way your complaint has been handled, you may escalate your complaint to the Office of the Australian Information Commissioner (“OAIC”), who may investigate your complaint further. Contact details for the OAIC are as follows: Office of the Australian Information Commissioner (OAIC), GPO Box 5218, Sydney NSW 2001, Telephone: 1300 363 992, Email: enquiries@oaic.gov.au, Website: www.oaic.gov.au.

You have the right to make a complaint to the Office of the Australian Information Commissioner or the Office of the Victorian Information Commissioner if you believe your privacy rights have been breached.

Contact Details

The Privacy Officer
101 West Fyans Street
Geelong, Victoria, 3220
Telephone: (03) 5221 6399
Facsimile: (03) 5221 8190
E-mail: info@www.davidsons.com.au

Where we collect personal information from individuals under the age of 18, we will seek consent from a parent or guardian where required by law.

If you require a copy of our Privacy Policy in another form, please contact us.