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Your rights in relation to 

privacy & confidentiality

ABML Consulting Pty Ltd t/as ABML Legal (ABML) understands the importance of protecting the privacy and confidentiality of an individual’s personal information. This statement sets out how ABML aims to keep confidential and protect the privacy of your personal information, your rights in relation to your personal information managed by ABML and the way ABML collects, holds, uses and discloses your personal information. ABML 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, ABML 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.

Confidentiality

The lawyer/client relationship is a fiduciary relationship which requires that lawyers maintain confidentiality with respect to client information. This includes conversations, correspondence and documentation. We will not disclose any information which is confidential to a client and acquired by us during the client’s engagement to any person who is not:

* a solicitor who is a partner, principal, director or employee of ABML; or

* a barrister or an employee of, or person otherwise engaged by us or by an associated entity for the purposes of delivering or administering legal services in relation to the client.

However, we may disclose information which is confidential to a client if:

(i)             the client authorises it (expressly or impliedly);

(ii)            we are permitted or compelled by law to disclose;

(iii)          we disclose the information in a confidential setting;

(iv)          we disclose the information for the sole purpose of avoiding the probable commission of a serious criminal offence;

(v)           we disclose the information for the purpose of preventing imminent serious physical harm to the client or to another person; or

(vi)          the information is disclosed to the insurer of the solicitor, law practice or associated entity.

2. What kinds of personal information does ABML collect?

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

Generally, the kinds of personal information we collect are:

·       contact and professional information such as your name, gender, date of birth, bank account details, ABNs, business or personal addresses, email addresses, phone and fax numbers and job title and

·       other information relevant to the type of legal or compliance 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

·       details of your investors and beneficiaries

·       details of the source and use of money you invest

·       use details for our website

·       information contemplated by laws and regulator, settlement system or exchange policies and requests, and

·       any other information that we consider necessary or desirable.

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

If you apply for a job, ABML will collect information such as your name, contact details, qualifications, employment history and contact details of referees.

3. How does ABML  collect personal information?

Generally, we collect your personal information directly from you when you become a client or otherwise through exchanges and discussions with you, whether in person or via telephone, email, fax or post

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, we 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 ABML need your personal information?

ABML 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, compliance services and associated services

·       make the use of our website easier

·       conduct research;

·       comply with legal obligations

·       accounting, billing and other internal administrative purposes

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

·       determining your eligibility and suitability for employment with ABML (if relevant)

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

·       identifying and informing you of services from us or other lawyers that may be of interest to you

·       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) and

·       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, we take 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 us. However, without certain information from you, we may not be able to provide all our products and/or services to you.

5. To whom does ABML disclose your personal information?

ABML will seek to make sure that the personal information we hold is used for the purpose for which we collect it, or a purpose that is related to that primary purpose. That is, generally, we 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. ABML may also disclose your personal information with your consent or if disclosure is required or authorised by law.

We will disclose personal information to:

  • our own professional advisers;

  • regulators, settlement system or exchanges such as the Office of the Legal Services Commissioner, AUSTRAC, ASIC, OAIC, ATO, APRA or the ASX

  • your financial or other adviser

  • your agents or others acting on your behalf

  • our insurers or the Law Society of NSW.

6. Overseas disclosure

ABML may disclose personal information to overseas recipients in order to provide necessary legal services and for administrative or other business management purposes. Before disclosing any personal information to an overseas recipient, we take steps reasonable in the circumstances to ensure the overseas recipient complies with the Australian Privacy Principles or is bound by a substantially similar privacy scheme unless you consent to the overseas disclosure or it is otherwise required or permitted by law.

7. Direct marketing

ABML  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, we 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 us  via the contact details set out in paragraph 10 or through any opt-out mechanism contained in a marketing communication to you.

8. Security of your personal information

ABML 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. We have a number of physical access and technology policies and procedures in place designed to provide a robust security environment. No personal data is stored on our website. We will communicate with you by email generally. Email can be insecure. We may store material in the cloud for you. We will give you a copy of the terms of our providers on request. This involves some risks and we are not responsible for those providers or data loss by them. Being internet based, we find that clients often seek to understand key issues about this, including security, use of data, ownership of data and what happens if the provider suffers financial distress. The terms of each service vary. However, it is possible that your personal information will be moved outside Australia to a different jurisdiction and that different standards may apply there. Although we take steps to protect your information, we cannot absolutely guarantee its security.

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

9. Can you access and correct the personal information that ABML holds about you?

We take steps reasonable in the circumstances to ensure personal information we hold 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 us.

If at any time you would like to access or correct the personal information that we hold about you, or you would like more information on our approach to privacy, please contact us via the contact details here [Jo pls link this to contact details]. We will 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

·       We  request that you be reasonably specific about the information you require and

·       We can provide you with a copy of your personal information in our current records free of charge. If we provide access to non-current records, we may charge you a reasonable administration fee.

If we refuse your request to access or correct your personal information, we will provide you with written reasons for the refusal and details of complaint mechanisms.

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

10. 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 ABML at astrid.raetze@abml-legal.com.au

11. Privacy complaints

Please direct all privacy complaints to astrid.raetze@abml-legal.com.au. At all times, privacy complaints will be promptly dealt with, in a serious, confidential manner. 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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