Our Passion. Your Success.

Privacy Policy

Madgwicks Lawyers ABN 82 199 611 971

Madgwicks Lawyers (referred to as “Madgwicks”, “we”, “our”or “us”) is committed to the protection of your Personal Information in accordance with the Australian Privacy Principles set out in the Privacy Act 1988 (Cth)(“Privacy Act”).

This Privacy Policy describes the manner in which Madgwicks collects, holds, uses and discloses Personal Information that is covered by the Privacy Act. If you wish to make any inquiries regarding this Privacy Policy, please contact Madgwicks in any of the ways specified in clause 12.

Madgwicks may, from time to time, review and update this Privacy Policy including to take into account new laws, regulations and technology. All Personal Information held by Madgwicks will be governed by our most recent Privacy Policy which can be found on our website (www.madgwicks.com.au) (“Website”). Our most recent Privacy Policy will apply to our collection, retention, use and disclosure of Personal Information. This Privacy Policy was last revised on 16 October 2025.

1. What is “Personal Information”?

“Personal Information” is information or an opinion about an identified individual (or an individual who is reasonably identifiable), whether the information is true or not, and whether the information is recorded in a material form or not. Personal Information includes names, signatures, addresses, phone numbers, date of birth, credit information, photographs, IP addresses and GPS location data to the extent that such information is capable of identifying an individual.
“Sensitive Information” is a subset of Personal Information and is defined as information or an opinion about an individual’s racial or ethnic origin, political opinions, membership of a political association, religious beliefs or affiliations, philosophical beliefs, memberships or a professional or trade association, membership of a trade union, sexual preferences or practices or criminal record. Sensitive Information also includes health information, genetic information about an individual that is not otherwise health information and certain biometric information.

2. What Personal Information do we collect?

Madgwicks may collect and hold Personal Information about a range of people, including:

current, former and prospective clients and their employees;
suppliers, business associates and their employees;
current, former and prospective employees and independent contractors;
technical and usage information, being details of a person’s visits to our website (for more information (see clause 6); and
other persons who may come into contact with Madgwicks or our clients.

The Personal Information collected and used by Madgwicks may include:

contact information including name, residential and postal addresses, telephone numbers and email addresses;
information about your occupation and employer;
financial information, including payment and bank account details;
government-issued identifiers, such as tax file numbers and Australian Business Numbers; and
other Personal Information that is reasonably necessary for our functions or activities.

If we require Sensitive Information about you for the purposes of providing our services or otherwise for our functions or activities, we will specifically seek your consent prior to collecting this information.

3. Why do we collect Personal Information?

Madgwicks collects Personal Information that is reasonably necessary for us to conduct one or more of our functions or activities, including for the following purposes:

providing you with legal services and advice and any related products or services;
invoicing, accounting and related administration purposes;
maintaining ongoing contact with you as a part of an established commercial relationship;
inviting you to events, functions and activities such as Friends of Madgwicks and providing you with legal updates, e-Alerts and articles from time to time; and
any other legal requirements including any required by the Legal Profession Uniform Law Application Act 2014 (Vic) and the Legal Profession Uniform Law.

If you choose not to provide your Personal Information to Madgwicks, we may not be able to undertake certain activities for you.

4. When and how do we collect Personal Information?

Madgwicks collects Personal Information in a variety of instances, including when meeting with current, former and prospective clients, in correspondence with clients or third parties (including government agencies), in court documents and other publicly available sources and through our Website as outlined in clause 6.
At times, it may be necessary for Madgwicks to collect Personal Information about you from a third party. Generally, Madgwicks will only collect your Personal Information from sources other than you if it is unreasonable or impractical to collect Personal Information from you directly. We will take reasonable steps to notify you that your Personal Information has been collected if we believe you may not otherwise be aware of the collection.
Generally, we will only collect and use your Personal Information in accordance with this Privacy Policy. In the event that we collect or use Personal Information in ways other than as stated in this Privacy Policy, we will ensure that we do so in accordance with the Privacy Act.

5. How do we hold Personal Information?

Madgwicks aims to keep your Personal Information accurate, up-to-date, complete and secure. We will comply with applicable security obligations under the Privacy Act in relation to any Personal Information that we handle, including ensuring only relevant and authorised Madgwicks’ personnel deal with your Personal Information.
Madgwicks is bound by professional obligations of confidentiality and legal professional privilege, including as prescribed by the Australian Solicitors’ Conduct Rules. Where these obligations apply, we treat information that we collect and hold (including Personal Information) in accordance with our obligations.
Madgwicks will generally hold Personal Information in physical records and/or electronic records on our servers, and where necessary, electronic records on third party servers located overseas. Personal Information that is held by Madgwicks in hard copy is stored securely on our premises and is only disclosed or used for the purposes described in this Privacy Policy.
Madgwicks will take reasonable steps to protect your Personal Information from misuse, interference and loss, and from unauthorised access, modification or disclosure.
Notwithstanding our commitment to keeping your Personal Information secure, we may in the course of providing services be required to disclose Personal Information to other third parties, including other parties involved in a matter, other law firms, counsel, conveyancers and/or government departments such as the Australian Securities and Investments Commission, the Australian Competition and Consumer Commission or any relevant land title office and courts and tribunals.
Madgwicks may use and disclose Personal Information about you for purposes necessary or incidental to the provision of services, where disclosure is required or authorised by law, where you have given us your consent (either express or implied) or to avoid, prevent or lessen a serious emergency or crime.
Madgwicks will endeavour to destroy or de-identify Personal Information that is no longer required for a valid purpose or under law.

6. Information collected via our Website

Madgwicks will not collect any Personal Information about users of our Website except when they knowingly provide it or as otherwise described below. For example, Madgwicks may collect Personal Information from users of the Website when they:
- complete an online form; and/or
- otherwise correspond with Madgwicks.

Click Stream Data

When you visit and browse our Website, our Website host may collect Personal Information for statistical, reporting and maintenance purposes. Subject to clause 4, the Personal Information collected by our Website host will not be used to identify you. The information may include:
- the number of users visiting our Website and the number of pages viewed;
- the date, time and duration of a visit;
- the IP address of your computer; and/or
- the path taken through our Website.
Our Website Host uses this information to administer and improve the performance of our Website.

Cookies

Cookies are small text files that are transferred to a user’s computer hard drive by a website for the purpose of storing information about a user’s identity, browser type or website visiting patterns.
If you access our Website, a cookie is downloaded onto your computer’s hard drive when you first visit our Website. You can adjust your internet browser to disable cookies, however Madgwicks may not be able to provide you with all the service or functionality you require on our Website if you choose to do so.

Web Beacons

Web beacons are images that originate from a third-party site to track visitor activities. Madgwicks may use web beacons to collect aggregate data and provide this information to our Website host to administer and improve the performance of our Website.

7. How do we use Personal Information collected about you?

Madgwicks uses the Personal Information it collects about you for our business functions and activities, which may include the following:
- to provide you with information or the services you have requested;
- to promote and market our services to you;
- to help Madgwicks research and understand the needs of our clients;
- to provide you with ongoing information about Madgwicks and its activities;
- to comply with regulatory or other legal requirements;
- for purposes related to the employment of our staff; and
- for any other purpose communicated to you at the time that the Personal Information was collected or for which you provided your consent.

Together, these are the “primary purposes” of our data collection.

Madgwicks may use your Personal Information to provide you with direct marketing materials if you would reasonably expect us to or if you consent to receive direct marketing materials. We will seek your consent to provide you with direct marketing materials if Sensitive Information is involved or if we have obtained your Personal Information from a third party. Direct marketing material may include promotional material about Madgwicks or our services.
Madgwicks may use your Personal Information in conjunction with artificial intelligence tools in the provision of our services. If you object to such use, you may contact us using our details as set out in clause 12.
In the event that Madgwicks considers it necessary to use your Personal Information for a “secondary purpose” (being a purpose that is not defined in clause 7), we will seek your consent in writing unless such consent is not expressly required by the Privacy Act.
You may opt out of receiving direct marketing material by contacting us in any of the ways specified in the direct marketing materials or as set out in clause 12.

8. Disclosure of your Personal Information overseas

Your Personal Information may be disclosed outside of Australia to an entity in a foreign country. Some countries may be prescribed by regulations under the Privacy Act as having comparable privacy laws or schemes which provide you with adequate protection, in which event we are not required to take further precautions or to obtain your consent. It is possible, however, that some foreign jurisdictions will not provide the same level of protection of Personal Information as in Australia, in which case (unless we have obtained your consent to the disclosure) we will take reasonable steps to ensure that entities in those countries are obliged to act in accordance with the Australian Privacy Principles when handling your Personal Information.

9. Accessing and correcting your Personal Information

Madgwicks will take reasonable steps to ensure that the Personal Information that we collect, disclose and use is (and remains) accurate, up-to-date and complete.
You have a right to request access to your Personal Information and also to request the correction of any such information which is inaccurate, out-of-date, incomplete, irrelevant or misleading. If you request to access or update your Personal Information, we will grant your request unless one of the exceptions set out in the Australian Privacy Principles applies. If you wish to exercise any of the rights set out above, please contact us in any of the ways set out in clause 12.
Where access is denied to Personal Information, or a request for correction is declined, Madgwicks will provide you with written reasons.
If the request is particularly onerous or complex (such as changing your details on multiple databases or requiring third parties to facilitate changes or obtain access), Madgwicks reserves the right to charge an administration fee to action the request.
In relation to a request under this clause 9, we may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Information (or to exercise any of your other rights). This is a security measure to ensure that Personal Information is not disclosed to any person who has no right to receive it.

10. How long will Madgwicks keep your Personal Information?

Madgwicks will keep your Personal Information only for as long as required for our functions or activities and otherwise as required by Australian law.
Where we no longer need to keep your Personal Information, we will take reasonable steps to destroy or de-identify your Personal Information.
If you wish to have your Personal Information destroyed or de-identified, and if Madgwicks is not required to keep it for legal, auditing or internal risk management purposes, please contact us in any of the ways specified in clause 12 and we will take reasonable steps to comply with your request.

11. Mandatory data breach reporting

In the event of a notifiable data breach, Madgwicks will comply with its obligations under the Privacy Act and report the breach to the Office of the Australian Information Commissioner and those individuals who are affected by the breach.
A data breach is a “notifiable data breach” if it is a breach which is likely to cause “serious harm” to an individual. Serious harm is not defined in the Privacy Act but includes physical, psychological, emotional and reputational harm as well as financial/economic harm.
In determining whether a data breach does or may cause serious harm, we will consider the following factors:
- the kind or kinds of information involved;
- the sensitivity of the information;
- whether the information is protected (e.g., encrypted, password protected) and the strength of those security measures;
- the persons who have or could obtain the information;
- the likelihood that the information could be misused;
- the nature of any potential harm that would result from the data breach; and
- any other relevant matters.
If Madgwicks becomes aware that a notifiable data breach may have occurred, it will conduct a prompt assessment and, if a serious breach is confirmed, it will notify the Privacy Commissioner as soon as practicable. If the data breach does not constitute a notifiable breach, we are not required by law to report it.
If you think that a data breach at Madgwicks may affect your Personal Information and you have not been told, you have the right to contact us for information about the data breach (including whether your Personal Information was affected).

12. How to contact us and more information

If you feel that your privacy has not been respected or that Madgwicks has conducted itself inconsistently with this Privacy Policy, the Australian Privacy Principles or the Privacy Act in respect of your Personal Information, or for any other queries, problems, complaints or communication in relation to this Privacy Policy, please contact us in any of the following ways:
email: privacy@madgwicks.com.au
write to: Privacy Officer
Madgwicks
Level 6
140 William Street
Melbourne VIC 3000

If Madgwicks does not respond to your enquiry, or you are not satisfied with our response, you have the right to make a complaint to the Office of the Australian Information Commissioner in writing. For more information, visit https://www.oaic.gov.au/privacy/your-privacy-rights/data-breaches/make-a-data-breach-complaint.

You can find out more information about the Privacy Act and the Australian Privacy Principles from the Australian Information Commissioner. The Information Commissioner may be contacted at www.oaic.gov.au (email: enquiries@oaic.gov.au).