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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 collects, holds, uses and discloses personal information in connection with the legal services we provide. We are committed to protecting your privacy and handling personal information in accordance with the Privacy Act 1988 (Cth), the Australian Privacy Principles (APPs) and, where applicable, the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth). 

 

This privacy statement may be updated from time to time.

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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 our services, we may collect your personal information.

 

Generally, we collect the following personal information:

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

  • identity verification data, including facial images or biometric data, which may be collected directly from you by a third-party identity verification service we engage for this purpose;

  • job title, professional qualifications,

  • business holdings and structures; details of services provided to you or your organisation (if applicable);

  • bank account details, payment card details, tax file numbers;

  • any information relevant to your legal matter;

  • information about your personal circumstances where relevant to your matter, such as information relating to a deceased estate or a relationship breakdown;

  • records of correspondence and communications with you;

  • IP address, browser type, device information;

  • employment history,  background check results; and

  • information collected for AML/CTF compliance purposes which may be consider sensitive*, such as ethnic origin, political beliefs and memberships, religious affiliation, criminal record;  information about health conditions, family relationships.

In accordance with our obligations under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) (AML/CTF Act), we may collect personal information from you for the purpose of conducting customer due diligence and complying with the AML/CTF requirements.

 

* We collect sensitive information only where it is reasonably necessary for your matter. Where we collect sensitive information on this basis, we will generally tell you at the time of collection. In  some cases we may collect sensitive information without consent where collection is required or authorised by law, including under the AML/CTF Act, for example where collection is necessary to assess whether you are a politically exposed person (PEP) or conduct sanctions screening. 

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​We collect only the personal information we reasonably need. We do not collect personal information indiscriminately.

 

We are committed to protecting your privacy and will handle your personal information in accordance with our Privacy Policy and applicable Australian privacy laws.

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By engaging with our services, you acknowledge that we may collect and process your personal information to comply with our AML/CTF obligations.

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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;

  • real estate agents;

  • financiers, lenders and mortgage brokers;

  • the other party’s legal representative;

  • land registries and government agencies.

 

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.

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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.

 

We collect sensitive information only where reasonably necessary or authorised by law, including biometric information used during electronic verification of identity, criminal record information where relevant to AML/CTF compliance, and politically exposed person screening.

 

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.

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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 following purposes:

  • providing legal services, representation and related services to you or to other client/s;

  • managing our professional relationship with clients;

  • complying with legal, regulatory or professional obligations;

  • maintaining accurate administrative and financial records;

  • administering and managing our files and records;

  • communicating with you and responding to enquiries;

  • conducting conflict checks within the firm;

  • employment-related activities;

  • ongoing Customer Due Diligence as required by the AML/CTF Act;

  • training AI or automated systems including AI development by our vendors;

  • enforcement of our right to payment of our fees;

  • risk management and insurance purposes.

 EKom Legal may also disclose your personal information with your consent or if disclosure is required or authorised by law.

 

We may disclose information to Courts, government and regulatory agencies and authorities, financiers, barristers, experts, consultants and other professionals engaged in your matter; real estate agents,  Queensland Revenue Office, Titles Queensland, identity verification providers, real estate agents involved in your matter; title insurers and settlement agents; e-conveyancing platforms, including PEXA; third-party identity verification providers; AUSTRAC (the Australian Transaction Reports and Analysis Centre) and other regulators, where required by law; our professional advisers, including accountants and insurers; cloud-based software providers and AI tools we use to manage our practice; our professional indemnity insurers; our professional advisers and secure technology providers.

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We will not sell your personal information to any third party. We are prohibited by law from notifying you if we have made, or are considering making, a report to AUSTRAC under the AML/CTF Act. We may also be prohibited from disclosing the reasons for declining to answer certain questions or for refusing certain access requests. This is a legal obligation under section 123 of the AML/CTF Act and is not within our discretion.

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6 - 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.

While we take reasonable steps to protect your personal information, no method of transmitting data over the internet or storing information electronically is completely secure. Accordingly, we cannot guarantee the absolute security of your personal information. By using our website or engaging our services electronically, you acknowledge that the transmission of information over the internet carries inherent risks.

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7 - 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

  • EKom 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.

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8 - Permission and authority to destroy

​Personal Information is contained in electronic and hard copy files and documents on the basis that we have your permission to destroy same seven (7) years after the final bill is rendered by us on the matter.  All electrical records are contained in a controlled and secure environment.

To protect your privacy and meet our compliance obligations under the Privacy Act 1988 (Cth), the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth), and the Conveyancing Rules, we apply a strict document retention and destruction protocol to your records.

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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

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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.

 

We will respond within a reasonable period and in accordance with the Privacy Act.

 

If you are dissatisfied with the outcome of your complaint, you may refer the complaint to the Office of the Australian Information Commissioner via www.oaic.gov.au or phone: 1300 363 992.

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11 - Agreement

By engaging our services or interacting with us, you agree to the terms of this Privacy Policy.

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