Privacy Policy

Protecting the privacy of your personal information is important to Simmons Legal.

This privacy policy provides information only as required under data privacy laws and it is not intended, and must not be relied on by you, as a representation, warranty, contract or an acknowledgement of a duty of care. 

The following Privacy Policy explains how we collect, use and disclose information about you, how we aim to protect the privacy of your personal information and your rights in relation to your personal information in accordance with the Australian Privacy Principles (“APPs”) under the Privacy Act 1988 (Cth) (Act).  

Please read this Privacy Policy carefully. By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with this Privacy Policy. You do not have to provide personal information to us, however, if you do not, it may affect your use of this Site or the products and/or services offered on or through it.

We may modify this policy from time to time by publishing it on our website. Your continued use of our website will indicate your acceptance of any changes to this Privacy Policy. 

What is personal information?

We may collect and hold personal information about you. Personal information is any information or an opinion, whether true or not, which identifies an individual. It does not include anonymous or de-identified information, as determined in the circumstances. The types of personal information Simmons Legal collects about you depends on the dealings you have with us. 

Personal information includes: 

  • any information about an identifiable individual

  • names 

  • addresses 

  • telephone numbers 

  • email addresses

  • dates of birth

  • details of your enquiry

  • client matter details

  • professional details and opportunity records

  • occupation details

  • communication records

  • feedback

  • public data

  • online usage data

  • marketing preference information

  • other personal information from time to time

It also includes photo ID and unique identifiers, such as passport and driver’s licence numbers (which may be collected for the purposes of AML/CTF compliance, described below and as part of our Verification of Identity process (VOI)).   

When personal information concerns certain matters it is considered sensitive information. Sensitive information is information or opinion about an individual’s:

  • racial or ethnic origin;

  • political opinions;

  • membership of a political association;

  • religious beliefs, affiliations or philosophical beliefs;

  • membership of a professional or trade association or membership of a trade union;

  • sexual preferences or practices;

  • criminal record;

  • health or disability.

We do not generally collect or hold your sensitive personal information unless this is necessary in connection with our legal services (e.g. in the context of drafting a will for you or an Estate Dispute) or as required by law.

How Simmons Legal collects personal information

Simmons Legal will typically collect personal information directly from the individual to whom the information relates.  

This may occur in a number of contexts, for example when taking instructions from or otherwise interacting with clients, when persons browsing our website submit requests for information or materials, or when we receive other enquiries (including but not limited by email) from members of the public.  

On occasions Simmons Legal will collect personal information from someone other than the person to whom the information relates, for example in the course of working on a matter for a client, where information, relevant to the matter about others is provided to us. 

Simmons Legal typically does this if it is reasonably necessary for, or relates to, the provision of legal services to clients.

We may be required to collect your personal information to comply with the ‘Customer Due Diligence’ requirements in the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (AML/CTF Act). Simmons Legal is only required to do this if a ‘designated service’ is being provided. 

We may be required to collect your personal information to comply with VOI checks.

The information we obtain is required in order to meet our legal obligations and allow us to conduct our customer or client due diligence process.  This includes to:

  • establish and verify your identity before providing certain services to you or the person you are acting on behalf of;

  • assess and manage potential money laundering, terrorism financing, proliferation financing risks or related compliance risks associated with the provision of our services;

  • make reports required by law under the AML/CTF Act; and

  • meet record keeping obligations under the AML/CTF Act.

The personal information we may collect for AML/CTF compliance purposes includes identity and contact details, details of identity documents such as passports, drivers’ licences, details of your roles, position or relationship with your organisation, information about directorships and other officeholder positions, background checks and associated details including sanctions screening and politically exposed person screening information, criminal history details and other information that we need to comply with the AML/CTF legislation.

Simmons Legal may collect personal information for these purposes at the time you first become a client and throughout our ongoing relationship.

We may collect personal information for the above purposes froma third party such as Smokeball or InfoTrack, to collect personal information on your behalf.

We may also collect personal information for AML/CTF compliance purposes from other sources such as from registers of companies, trusts, or public records (such as court records, regulatory filings, land registries), financial institutions or professional intermediaries.

We will rely on the information provided by you as accurate, complete and up to date, and we will be grateful if you would inform us of any changes without delay. Providing incorrect information to us could, among other things, hinder our services, result in counterproductive or inappropriate action, or, in extreme cases, result in contempt of court.

If you provide to us another person’s personal information, please only do so if they would reasonably expect it and they did not object, or with their consent, or where it is appropriate for you to share your concerns about a person in their best interest on a confidential basis. Where possible, you should inform them that we may share such information with relevant third parties where appropriate.

We may also collect information from publicly available sources, other professional advisors or government and statutory authorities in connection with your matter.

When we collect personal information from a third party, we will take reasonable steps to tell you that we have done so as close as possible to the time we collected the personal information. 

When you use our website, the following information may be logged for statistical purposes and for the purposes of marketing and advertising to you:

  • the date and time of your visit to our website;

  • your IP address;

  • pages that you accessed and documents downloaded; and

  • the type of browser you were using.

Cookies may be used on our website. Cookies are pieces of information that a website transfers to a computer’s hard drive for record keeping purposes. Most web browsers are set to accept cookies and do not personally identify the user.

How Simmons Legal uses and discloses personal information

Simmons Legal collects personal information about its clients from them for the purposes such as:

  • to provide them with legal services and serve them as a client;

  • to process and collect payments for legal services;

  • Simmons Legal complying with the AML/CTF obligations described above; and

  • to advise them of legal developments and to undertake other marketing activities where they have consented to the same or as otherwise permitted under privacy laws and other laws and regulations such as those governing direct marketing and SPAM.

Simmons Legal may disclose personal information to credit reporting bodies and third-parties to assist with AML/CTF obligations including identity verification and storage, if a designated service is provided.

Simmons Legal may also use personal information about persons who are not clients for marketing purposes where such use is permitted under privacy laws and other laws and regulations such as those governing direct marketing and SPAM.

We may disclose personal information to external service providers. Where we engage external service providers we take reasonable steps to ensure that that any third parties to whom your personal information is disclosed, undertake to comply with the APP so as to protect the personal information disclosed to them. 

External service providers may include:

  • Professional infrastructure providers: Third party service providers that enable us to operate our practice, including IT service providers, practice management software, secure data storage, web-hosting and email server providers, marketing or advertising providers.

  • External business operations: Third party professionals engaged to perform administrative, marketing, or business management services.

  • Legal matter stakeholders: Courts, tribunals, barristers, expert witnesses or opposing legal parties as required to conduct or progress your legal matter.

  • Regulatory & collection bodies: Law enforcement, regulatory bodies, courts, or debt collection agencies where required by law, or in the event that you fail to pay for services provided.

  • AI & technology tools: Vetted AI and Generative AI service providers strictly for the purposes of document analysis, drafting assistance, legal research, transcription, or administrative efficiency.

  • Specific third party partner service providers of Simmons Legal listed below.

We will never sell the personal information we collect.

What happens if you don’t provide personal information

If as a client you do not provide the personal information Simmons Legal requests, Simmons Legal may not be able to provide you with effective legal services.

Disclosure of Personal Information 

Simmons Legal has a duty to maintain the confidentiality of its clients’ affairs including personal information.  

This duty of confidentiality applies except where disclosure of the personal information is:

  • With the client’s consent(e.g  the client may consent either expressly, or consent may be implied from conduct. Where the provision of legal services to a client requires disclosing their personal information to a third party (eg. barristers and expert witnesses) their consent would be implied when they engage Simmons Legal unless they tell us otherwise); or

  • Compelled by Law (e.g in response to a subpoena).

Except as set out in this Policy Simmons Legal will not, without your consent, provide your personal information to a third party, or make any other use of your personal information, for any purpose.

If we engage a third party contractor to perform services which involves handling personal information, Simmons Legal takes reasonable steps to prohibit the contractor from using or disclosing personal information except for the purposes for which it was supplied.

Third-party websites

Simmons Legal’s website may contain links to third party websites or platforms. Clicking on those links may allow third parties to collect information about you.

Links to external websites or platforms are provided for your convenience. These sites and platforms are not governed by the Policy, and Simmons Legal recommends reviewing their privacy policies or statements before submitting any personal information to them.

Direct marketing

Simmons Legal may, from time to time, use your personal information to identify products or services that may be of interest to you, or contact you about an event or promotion, where permitted at law. Simmons Legal may, with your consent, use the personal information collected about you to contact you from time to time whether by phone, SMS, or email, to keep you informed about legal services and legal developments that Simmons Legal considers may be of interest to you. We will do so only in accordance with laws regarding such dissemination.  

You may unsubscribe from any direct marketing communications at any time by clicking on the unsubscribe link at the bottom of Simmons Legal email communications. Alternatively, you may request that you not receive direct marketing communications at any time by contacting Simmons Legal at rebecca @ simmonslegal.com.au. 

Access to your personal information

You may request access to any of the personal information Simmons Legal holds about you. Simmons Legal will, on request, provide you with access to the personal information Simmons Legal hold about you, unless there is an exemption which applies under the Privacy Act.  For example, Simmons Legal may refuse you access to personal information where Simmons Legal has a legal duty of confidentiality or non-disclosure.

Simmons Legal may need to verify your identity before responding to your request. Subject to any applicable exceptions or requirements, Simmons Legal will provide you with access to the personal information you request within a reasonable time, and usually within 30 days. If Simmons Legal decides to refuse your request, it will tell you why in writing and how to complain.

Your request for access will be dealt with in a reasonable time. Simmons Legal may charge you a fee to cover the reasonable cost of retrieval and the supply of the information to you.   Please provide sufficient detail about the information in question to help us locate it.

If Simmons Legal refuses your request for access, it will provide you with reasons for the refusal.

Accuracy of your personal information

If Simmons Legal has accurate personal information about you, it enables Simmons Legal to provide you with the best possible service.

Simmons Legal takes reasonable steps to make sure that the personal information it collects, uses and discloses is accurate, complete and up to date.  

Please contact Simmons Legal immediately if you believe that the personal information Simmons Legal holds about you is inaccurate, incomplete or out of date. 

Simmons Legal will take reasonable steps to make sure your personal information is corrected in a timely fashion.

Data Security

Simmons Legal takes reasonable steps to keep all personal information secure and to protect that personal information from misuse, interference and loss and from unauthorised access, modification or disclosure.

If Simmons Legal determines that your personal information is no longer needed for any purpose, Simmons Legal will take reasonable steps to destroy or permanently de-identify that personal information, unless the information is contained in a Commonwealth record or Simmons Legal is required by law or a court/tribunal order to retain the information. 

All information that you provide to us or is entered into our website, software applications, phone system or collected from your visiting our website is automatically transferred to our system. When you contact or engage us, you consent to your personal information being held by our system as outlined in this Privacy Policy.

When using Simmons Legal website, you should be aware that no data transmission over the internet can be guaranteed as totally secure. Although Simmons Legal strives to protect such information, Simmons Legal does not warrant the security of any information transmitted to or by it over the internet. Your personal information may be stored in locations outside our direct control and may be held outside Australia. If you are not comfortable with this, you should not provide us with your personal information. If we become aware of any security breach relating to your personal information, we will advise you as soon as we can.

Collection of information via Simmons Legal website

When you visit Simmons Legal’s website, the platform provider may use ‘cookies’ or other similar tracking technologies that help Simmons Legal track your website usage and remember your preferences. Cookies are small files that store information on your computer, mobile phone or other devices that have access to the internet. They enable the entity that put the cookie on your device to recognise you across different websites, services, devices and/or browsing sessions. You can disable cookies through your internet browser but Simmons Legal website might not work as intended for you if you do so.

Whilst Simmons Legal does not use browsing information collected via cookies to identify you personally, Simmons Legal may record certain information about your use of its website, such as which pages you visit, the time and date of your visit and search engine referrals.

Simmons Legal web pages may contain electronic images, known as web beacons to enable it to count users who have visited certain pages on Simmons Legal website. Web beacons are not used by Simmons Legal to access your personal information, they are simply a tool used to analyse which web pages are viewed, in an aggregate number.

Email Subscription

By subscribing to any or all of Simmons Legal’s mailing list or other services, you agree to receive Simmons Legal communications. Should you wish to unsubscribe to these communications, you may do so at any time.

Controlling your privacy

Please read this Privacy Policy carefully. If you provide personal information to us, you understand that we collect, hold, use and disclose your personal information in accordance with this Privacy Policy. 

You do not have to provide personal information to us, however if you do not, it may affect our ability to provide our services to you. 

Disclosure of personal information outside Australia

We may need to disclose information to recipients located overseas in order to provide necessary legal services and for administrative or other business management purposes. We may not always be able to take reasonable steps to ensure that they do not breach the Privacy Act and they may not be subject to the same obligations to protect personal information as applies in Australia by virtue of the Privacy Act. 

By continuing to acquire our services and/or products you consent to us disclosing information to such persons and agree that you cannot claim relief from us and you may not have any right of action against the overseas recipient of the information.

When disclosing personal information to an overseas recipient as required or authorised by law, the firm may disclose personal information to an overseas recipient without complying with APP 8.1 where the disclosure is authorised by or under an Australian law or a court/tribunal order.

Simmons Legal partner providers 

Simmons Legal partners with the following service providers for the purposes listed in this Privacy Policy:

Smokeball - Legal Practice Management

Microsoft 365 - Document & email management & Teams video conferencing

Google Cloud - Data storage

Adobe Acrobat - PDF document reader

eBrief Ready - electronic briefing & document management platform

Some of our third-party infrastructure and AI service providers utilise cloud storage or processing servers located outside of Australia (predominantly in the United States and Singapore). By providing your information to us, you consent to these overseas disclosures in accordance with this policy.

If the above service providers change in the future, we will update this Privacy Policy. We encourage you to frequently review our Privacy Policy so you are aware of any changes. We also encourage you to review the privacy policies of these service providers.

Use of Artificial Intelligence tools

Simmons Legal may use approved artificial intelligence (AI) tools to help us work more efficiently and carefully. These tools may assist us with tasks such as summarising information, preparing draft chronologies, organising material, drafting outlines, improving internal workflows, and checking or refining written work.

We only use AI tools in accordance with our internal AI Use Policy. We regularly review how AI tools are used in our practice.

We currently use selected AI tools, including Archie AI Legal Assistant by Smokeball Australia and Microsoft Copilot.We may update the tools we use from time to time, but we will only use tools that we consider appropriate for legal work and client confidentiality.

We do not use AI as a substitute for legal judgment. Any work assisted by AI is reviewed by a solicitor before it is used or provided to a client, another party, or a court. We do not use AI to generate a witness’s evidence, and we do not use AI in any way that is prohibited by a court rule, practice direction, order, or professional obligation.

We will not enter confidential client information into an AI tool unless we are satisfied that appropriate safeguards are in place. This includes considering whether the information is kept in a controlled environment, whether it is protected from unauthorised access, whether it is used to train external AI models, where it may be stored or processed, and how long it may be retained.

Where possible, we limit the information entered into AI tools and remove identifying details if they are not needed for the task. We do not permit confidential client information to be entered into open public AI tools.

Please tell us if you do not want AI tools used in your matter. We will discuss this with you and explain any likely impact on timing, cost, or the way we carry out the work.

We also encourage our clients to use AI tools carefully. If you, your staff, or another adviser, such as an accountant, have used AI to prepare material, research legal issues, summarise events, draft documents, or prepare information for us, please tell us. This helps us protect the accuracy of your matter, maintain confidentiality, and preserve legal professional privilege where it applies.

Google Analytics

Our website uses Google Analytics, a web analytics service provided by Google Inc. (Google). Google Analytics anonymously tracks how users interact with the websites, including where they came from, what they did on the website and whether they completed any transactions on the website.

The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of compiling reports on the websites activity and providing other services relating to the website and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate a person's IP address with any other data held by Google.

You can opt out of the collection of information via Google Analytics by downloading the Google Analytics Opt-out browser add-on.  

How to contact us

If you wish to gain access to or correct or update your personal information, if you have any questions or concerns relating to our privacy policy, our use of personal information, if you feel we may have breached the Australian Privacy Principles or any registered binding Australian Privacy Principle Code or you wish to make a complaint about a breach of your privacy, you should contact:

The Privacy OfficerSimmons Legal 

Suite 26, Level 1, 55 Collins StreetMelbourne, Victoria, Australia 3000

Email: rebecca @ simmonslegal.com.au

Simmons Legal will respond to your query as soon as possible.

Changes to privacy policy

Simmons Legal reserves the right to change this Privacy Policy at any time. Simmons Legal will notify any changes by posting an updated version of the Privacy Policy on the Simmons Legal website at simmonslegal.com.au. It is your responsibility to review our privacy policy regularly and make sure you keep up with any changes.

Last review: July 2026

Visit www.privacy.gov.au, an Australian government privacy website, for more information about privacy issues in Australia.