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1 - Your rights in relation to privacy

Ekaterina Komarovskaya (ABN 53 486 589 716) t/as EKom Legal (collectively referred to as “EKom Legal” and “we” and “our” and “us”) understands the importance of protecting the privacy of an individual’s personal information. This statement sets out how EKom Legal aims to protect the privacy of your personal information, your rights in relation to your personal information managed by EKom Legal and the way EKom Legal collects, holds, uses and discloses your personal information. EKom Legal is the data controller of any personal information collected by us by any of the means set out in section 3 below.

In handling your personal information, EKom Legal will comply with the Privacy Act 1988 (Cth) (Privacy Act) and with the 13 Australian Privacy Principles in the Privacy Act. This privacy statement may be updated from time to time.

2 - What kinds of personal information does EKom Legal collect?

Personal information is information or an opinion about an identified, or reasonably identifiable, individual. During the provision of its services, we may collect your personal information.

Generally, we collect the following personal informatione:

  • contact and professional information such as your name, business or personal addresses, email addresses, phone and fax numbers and job title; and

  • other information relevant to the type of legal services being provided which may include information about assets and finances, property interests or titles, income, directorships, your employment, health conditions, family relationships and tax file numbers.

In some circumstances, we may also hold other personal information provided by you.

3 - How does EKom Legal collect personal information?

Generally, we collect your personal information directly from you through:

  • exchanges and discussions with you, whether in person or via telephone, email, fax or post;

  • EKom Legal’s website, including the completion of online forms, registering to any of our services, submitting material or information or otherwise requesting further information or services.

There may be other occasions when we collect your personal information from other sources such as from an information services provider, a publicly maintained record including publicly available information on social media or similar sites, other professional advisors or an insurance company or authority in connection with a claim related to you or a company for whom you work or other professional advisors.

Generally, EKom Legal will only collect your personal information from sources other than you if it is unreasonable or impracticable to collect your personal information from you.

4 - Why does EKom Legal need your personal information?

EKom Legal collects, holds, uses and discloses your personal information where it is reasonably necessary for the purposes of:

  • providing you, or an entity with which you are connected, with legal advice and associated services;

  • accounting, billing and other internal administrative purposes;

  • developing and facilitating a business relationship with you or an entity with which you are connected;

  • inviting you to events, functions or training events and providing you with updates and publications;

  • identifying and informing you of services that may be of interest to you; and

  • any other legal requirements including any prescribed by the relevant legal profession legislation in the state or territory in which you reside (or in which the majority of the legal services will be performed, in the case of overseas persons);

  • to assist us with continual improvement, asking you to participate in surveys conducted by us, or third party providers on our behalf, about our service and your experience with us.

  • to assist us with continual improvement, asking you to participate in surveys conducted by us, or third party providers on our behalf, about our service and your experience with us.

Where personal information is used or disclosed, EKom Legal takes steps reasonable in the circumstances to ensure it is relevant to the purpose for which it is to be used or disclosed. You are under no obligation to provide your personal information to EKom Legal. However, without certain information from you, EKom Legal may not be able to provide its products and/or services to you.

5 - To whom does EKom Legal disclose your personal information?

EKom Legal discloses your personal information for the purpose for which EKom Legal collects it. That is, generally, EKom Legal will only disclose your personal information for the purpose of providing legal services or other purpose set out at paragraph 4. This may include disclosing your personal information to third parties engaged to perform administrative or other business management services. This disclosure is always on a confidential basis or otherwise in accordance with law. EKom Legal may also disclose your personal information with your consent or if disclosure is required or authorised by law.

6 - Direct marketing

EKom Legal may use and disclose your personal information in order to inform you of products and/or services that may be of interest to you. Where legally required (including under the General Data Protection Regulation (EU) 2016/679), EKom Legal will only provide these communications to you after you have opted to receive them and will provide you with the opportunity to opt out of receiving them at any time if you do not want to receive further marketing-related communications from us. Where a specific ‘opting in’ process is not legally required (including under the Privacy Act), you can opt out at any time if you do not wish to receive further marketing-related communications from us. In either case, you can opt out by contacting EKom Legal via the contact details set out in paragraph 9 or through any opt-out mechanism contained in a marketing communication to you.

7 - Security of your personal information

EKom Legal takes steps reasonable in the circumstances to ensure that the personal information it holds is protected from misuse, interference and loss and from unauthorised access, modification or disclosure. EKom Legal holds personal information in both hard copy and electronic forms in secure databases on secure premises, accessible only by authorised staff.

EKom Legal will destroy or de-identify personal information in circumstances where it is no longer required unless EKom Legal is otherwise required or authorised by law to retain the information.

8 - Can you access and correct the personal information that we hold about you?

EKom Legal takes steps reasonable in the circumstances to ensure personal information it holds is accurate, up-to-date, complete, relevant and not misleading. Under the Privacy Act, you have a right to access and seek correction of your personal information that is collected and held by EKom Legal.

If at any time you would like to access or correct the personal information that EKom Legal holds about you, or you would like more information on EKom Legal’s approach to privacy, please contact EKom Legal via the contact details set out in paragraph 10 below. EKom Legalwill grant access to the extent required or authorised by the Privacy Act or other law and take steps reasonable in the circumstances to correct personal information where necessary and appropriate.

To obtain access to your personal information:

  • you will have to provide proof of identity to ensure that personal information is provided only to the correct individuals and that the privacy of others is protected

  • EKom Legal requests that you be reasonably specific about the information you require and

  • HEKom Legal can provide you with a copy of your personal information in our current records free of charge. If EKom Legal provides access to non-current records, Hall & Wilcox may charge you a reasonable administration fee, which reflects the cost to Hall & Wilcox for providing access in accordance with your request.

If EKom Legal refuses your request to access or correct your personal information, EKom Legal will provide you with written reasons for the refusal and details of complaint mechanisms. EKom Legal will also take steps reasonable in the circumstance to provide you with access in a manner that meets your needs and the needs of EKom Legal.

EKom Legal will endeavour to respond to your request to access or correct your personal information within 30 days from your request.

9 - How to contact us

For further information or enquiries regarding your personal information, or if you would like to opt-out of receiving any promotional or marketing communications, please contact EKom Legal at:

T: +61 4 261 777 21

E: admin@ekomlegal.com.au

10 - Privacy complaints

Please direct all privacy complaints to EKom Legal. At all times, privacy complaints:

  • will be treated seriously

  • will be dealt with promptly

  • will be dealt with in a confidential manner and

  • will not affect your existing obligations or affect the commercial arrangements between you and EKom Legal.

EKom Legal will commence an investigation into your complaint. You will be informed of the outcome of your complaint following completion of the investigation.

If you are dissatisfied with the outcome of your complaint, you may refer the complaint to the Office of the Australian Information Commissioner.

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