A. “Engagement Document” or “Retainer” means any of:
i. Costs Agreement issued by Navado Lawyers & Solicitors;
ii. Credit Guide issued by Navado Mortgage Brokers;
iii. Financial Services Guide issued by Navado Financial Advisors;
iv. Terms of Engagement issued by Navado Tax Agents;
B. Navado Professional Services Pty Ltd trading as Navado Lawyers & Solicitors, will be referred to as “Navado Lawyers & Solicitors” or “NLS”;
C. Navado Mortgage Consultants Pty Ltd trading as Navado Mortgage Brokers (Australian Credit License 392416), will be referred to as “Navado Mortgage Brokers” or “NMB”;
D. Navado Financial Advisors Pty Ltd trading as Navado Financial Advisors (which Company is a Corporate Authorised Representative of Lifespan Financial Planning Pty Limited, AFS Licence No. 229892), will be referred to as “Navado Financial Advisors” or “NFA”;
E. Navado Tax Agents will be referred to as “Navado Tax Agents” or “NTA”;
F. Navado Lawyers & Solicitors, Navado Financial Advisors, Navado Mortgage Brokers and Navado Tax Agents will be referred to as “the Navado Group” or “the Navado Businesses” or “we” or “us”.
G. “professional services” means any one or more of the following services, depending on the Navado Business you have Retained: legal, conveyancing, mortgage broking, financial planning, or tax & accounting.
H. “SPG” means Seamless Professional Group Pty Ltd A.C.N. 095 533 323.
I. “the Navado Business you have Retained” means the Navado Business with which you have a Retainer.
J. “website” means www.navado.com.au and/or any other websites and/or forms of social media where you post comments about us or we interact with you.
K. “Work” means any goods and/or services provided to you and/or or to be provided to you by the Navado Business you have Retained.
3. We manage the personal information we collect by providing our staff with training on privacy issues, implementing appropriate privacy management systems when dealing with your personal information, reviewing our privacy compliance from time to time and implementing security measures (such as unique usernames and passwords on our computer systems) to safeguard the personal information that we collect. We have also appointed a designated privacy officer to monitor privacy compliance. We will comply with our professional obligations (including confidentiality obligations) in dealing with your personal information at all times. In some limited circumstances, it may be possible for you to use a pseudonym or remain anonymous when dealing with us, but it should be noted that if you wish to use a pseudonym or remain anonymous when dealing with us, then you should notify us when making enquiries or providing initial instructions. Subject to our professional obligations and/or our ability to provide the relevant professional services without using your name, we will use reasonable endeavours to deal with you as requested. In most cases, our professional obligations will require you to deal with us using your real name.
4. We are a full-service legal and financial group of businesses and hold a broad range of different types of personal information, depending on the professional services that are being provided or intended to be provided to you or, in the case of prospective employees, the information needed to assess and consider any potential future employment with us. Generally, the types of information that we may collect and hold includes (but is not limited to) contact information, business data, employment information (including your date and place of birth and if relevant or required, your driver’s licence, photographic information, tax file number), family information, financial information (including information about assets and investments, banking and credit card information), insurance information, photographic or video footage provided by you for professional advice, information otherwise required by law and any other personal information required by us to assess whether we are able to provide professional services to you or perform the professional services that you require. If you are an employee who has applied for or enquired about potential employment with us, for the purposes of considering you for any potential employment with us or considering your enquiry, we will collect personal information (including in some cases sensitive information) from you directly and/or with your prior consent or in circumstances where we are legally permitted or otherwise at liberty to do so, from third parties (such as employment agencies) or from publicly available sources (such as social media sites).
5. ‘Sensitive information’ is a subset of personal information includes personal information that could have serious ramifications for you if used inappropriately. You consent and agree that the sensitive information that we collect and hold about you will include any information necessary so that we can provide our professional services to you. This may include criminal records, genetic and/or health information, membership of political, professional or trade associations, racial or ethnic information, religious beliefs, philosophical beliefs and/or political opinions, sexual preferences or practices, any sensitive information required to be disclosed by law and any other sensitive information that we require to perform the professional services that you require. We will not collect sensitive information without your consent unless permitted under the Privacy Act or in accordance with law.
6. Where reasonable and practicable, we will collect personal information directly from you (usually but not always through email, completed questionnaires and written instructions that have been provided to us, conferences, consultations and telephone conversations). That said, we have a wide referral network and also collect personal information from numerous other sources. It is not possible to provide an exhaustive list of all of these sources, but these sources may include parties to whom we refer you, credit reporting and fraud reporting agencies, debt collection agencies if you default in a payment to us, through our website and by any other electronic communication channels (such as through emails that you send to us or any posts or comments on any social media network), from publicly available sources of information (such as telephone directories or electoral rolls), banks and financial institutions, Barristers and other Solicitors, businesses (and their employees, contractors, customers or suppliers), government bodies, insurance companies, your agents or other professional advisors, professional associations and/or professional bodies including those relating to Accounting, Conveyancing, Mortgage Broking, Financial Planning, and Tax & Accounting services, feedback surveys, paid search providers; administrative, secretarial or other staff employed by independent commercial or administration or other serviced office solution providers that we engage at various locations, as well as when we are permitted or required to do so by law (including the Privacy Act).
8. We use or may use international cloud computing services for e-mail, calendar and contacts data storage. Such e-mail, calendar and contact data storage data is encrypted (effectively, access can only be obtained through a secure username and password system), so that the personal information contained in e-mail, calendar and contact data is protected from unauthorised access. Countries in which such e-mail, calendar and contact data may be stored include (but are not limited to) Singapore. We conduct due diligence on proposed cloud computing service providers, prior to engaging them and as part of this due diligence, we satisfy ourselves and accordingly reasonably believe that the overseas recipient is subject to a law, or binding scheme, that has the effect of protecting the personal information in a way that, overall, is at least substantially similar to the way in which the Australian Privacy Principles protect the information and also that there are mechanisms that you can access to take action to enforce that protection of the law or binding scheme. We also satisfy ourselves that we will possess effective control over the data.
9. We hold or may hold your personal information electronically, physically, on our premises, in off-site storage facilities in Australia (in any account held by us or held by or owned by any Company or Trust or legal entity from whom we lease commercial premises), by a third party data storage facilitator and/or provider in Australia and/or overseas (including but not limited to through international cloud computing services in overseas countries including but not limited to Singapore), by an email filtering host in Australia and/or overseas, through internal servers, our website, private cloud, as well as on electronic storage devices, including DVD and USB. If you send an email to us, the information in your email (including any personal information) may be retained on our systems in accordance with our procedures. Whilst we take reasonable steps to ensure that all personal information that we hold is secure from any unauthorised access, misuse or disclosure, no data transfer over the internet is ever one hundred percent (100%) secure and we cannot guarantee that personal information cannot be accessed by an unauthorised person (for example, a hacker) or that unauthorised disclosures will not occur. Information you send to us, from your workplace, for example, may possibly be accessed by your employer or an intermediate service provider. If you send any information (including personal information) to us through the internet or through any other electronic means, you do so at your own risk. Some of the methods we use to store and secure personal information include using security cards to access areas that contain personal information, using designated areas (that do not contain personal information) to meet with clients and non-employees of Navado Businesses, using customised usernames, passwords and other protections on computer and other systems that can access personal information, as well as using lockable storage devices for storing some more sensitive information, other important documents or financial records.
10. We take reasonable steps to use and disclose personal information for the primary purpose for which it is collected. The primary purpose for which information is collected varies, but is generally for the relevant Navado Business to provide the professional services to you. In the case of potential employees, the primary purpose the information is collected is to assess the individual’s suitability for a position with us or to consider an enquiry made with us, in respect of potential employment with us. You authorise and provide your consent to the Navado Business that you have made an enquiry with or that you have Retained to collect, hold, use and disclose such personal information to any of the Navado Businesses and/or to others in furtherance of your matter (including overseas recipients in countries including but not limited to Singapore) and/or to SPG (the owner of the “Navado” trademark and intellectual property) and/or to other service providers, in order to provide the relevant professional service to you (for example, other solicitors, barristers, experts, accountants, financial institutions, insurers, in Court during Court proceedings or as the context of the relevant professional service requires), as well as to third party agents, contractors or service providers to which the Navado Businesses have contracted out or outsourced any administrative, financial, information technology, marketing or other services (such as but not limited to bulk mailing, client marketing research, company audits and Information Technology and Marketing support). You also agree that we may also disclose your personal information in circumstances where disclosure is permitted by law (including under the Privacy Act, under Court Orders or Statutory Notices to produce documents under laws relating to Anti Money Laundering, Bankruptcy, Counterterrorism, Social Security, Taxation and the management of incorporated entities) or where disclosure is required to investigate suspected fraud or other unlawful activity, or otherwise where disclosure may prevent or lessen a serious or imminent threat to someone’s life or health. If information has to be disclosed overseas, the overseas recipient may not be subject to privacy obligations or to any rules similar to the rules of legal professional privilege or the Australian Privacy Principles. The overseas recipient may also be subject to a foreign law which could compel the disclosure of personal information to a third party (such as, for example, an overseas government or regulatory authority). You hereby consent to the disclosure in the knowledge that we will not take any steps to ensure that the overseas recipient deals with your personal information in accordance with the Australian Privacy Principles and accordingly should such overseas recipient handle the information in breach of the Australian Privacy Principles, then you may not be able to seek redress in the overseas jurisdiction and we will not be accountable under the Privacy Act.
11. Personal information may also be used or disclosed by us for secondary purposes which are within your reasonable expectations and related to the primary purpose of collection and you hereby authorise us to use any email address or any other contact or personal information that you provide to us at any time, for these secondary purposes. For example, you provide your consent for us to use your personal information for the following secondary purposes: to comply with our contractual and other legal obligations; for the purposes of sending you information about products, services, special offers and updates by post, telephone or any form of electronic communication (such as email); for the purposes of taking a message or telephone number so that we might call you back or contact you; for insurance and/or or professional indemnity purposes; to add your details to our Newsletter register, to inform you of updates and changes to the law or financial services that may affect you and to invite you to legal or financial events relevant to your industry (which you can unsubscribe from at any time); or to provide a referral to any of the Navado Businesses with which you do not have a Retainer; or to collect moneys owed to us; or to agents or third parties from time to time, to help us with the provision and/or marketing of our services to you. We may also contact you by email, telephone or mail from time to time regarding marketing offers and/or by providing you with marketing material, brochures, communications or other documentation (hereinafter “jointly and/or severally referred to as “direct marketing”) in relation to any of the Navado Businesses. By engaging any of the Navado Businesses pursuant to any Retainer, you consent and agree to us contacting you by email, telephone or mail regarding direct marketing in relation to any of the Navado Businesses and your consent will survive and remain after the termination and/or completion of any services provided to you pursuant to your Retainer with the Navado Business. If you do not wish to receive any direct marketing, please advise us in writing by email at email@example.com or by post to GPO Box 4404, Sydney, NSW 2001. Please note that if you chose to not receive any direct marketing, we may still contact you in relation to (without limitation) your matter and the services provided by us.
12. Apart from the primary and/or secondary purposes specified above at Paragraphs 11 and 12, we will only disclose your personal information to third parties with your consent or if the disclosure is permitted by law or the Privacy Act. When you provide personal information to us during the provision of legal services to you, that information may be protected by Legal Professional Privilege and if this is the case, then your information is protected from disclosure, other than where we are specifically required as a result of law or an order of the Court or any Tribunal to disclose it or where disclosure is in accordance with your consent and/or instructions.
14. It is important that the personal information or credit information that we hold about you is up-to-date. You are encouraged to immediately make contact with us if your personal information or credit information becomes out of date. You may request access to the personal information or credit information that we hold or ask for your personal information or credit information to be corrected and any such request should be made to the following contact officer:
Contact person: Privacy Officer (Chief Operating Officer)
Telephone number: +61 2 9233 4048
Email address: firstname.lastname@example.org
Postal address: GPO Box 4404, SYDNEY NSW 2001
We will usually (but not always) grant you access to your personal information or credit information as soon as possible. To the extent permissible by law, we may deny access to personal information or credit information if: your request is impractical or unreasonable; providing you with access would have an unreasonable impact on the privacy of another person; providing you with access would pose a serious and imminent threat to the life or health of any person; providing you with access would mean that there is a possibility that we might compromise our professional duty or obligations; or there are other appropriately justified and/or legal grounds upon which to deny the request (such as for example, on the basis of any exemption or exemptions under the Privacy Act or, by way of a further example, where you are indebted to Navado Lawyers & Solicitors and we retain a lien over your legal file until outstanding costs have been paid or appropriate arrangements have been made in respect of same). If you are able to establish that personal information or credit information we hold is not accurate, complete and up-to-date, we will take reasonable steps to correct it so that it is accurate, complete and up-to-date, where it is appropriate to do so.
15. If you wish to complain about an alleged privacy breach, you should follow the following process: 1.The complaint must be firstly made to us in writing. We will have a reasonable time to respond to the complaint; and 2. In the unlikely event that the privacy issue cannot be resolved between us and yourself, you may take your complaint to the Office of the Australian Information Commissioner. You may complain about a breach of privacy by contacting us using the contact details below:
Contact person: Privacy Officer (Chief Operating Officer)
Telephone number: +61 2 9233 4048
Email address: email@example.com
Postal address: GPO Box 4404, SYDNEY NSW 2001