Terms and Privacy

WEBSITE TERMS OF USE

How you consent to these website terms of use

If you access or use this website you are taken to have agreed to these website terms of use and our privacy policy, found below (Terms). We ask you to please read these Terms carefully. If you don’t agree with our Terms, then you must cease using our website immediately.

The information on our website is general information only

Please note that materials and content on this website are not comprehensive. Our Content is designed for you to be able to inform yourself, generally, of common concepts and issues. We have not created our Content with your specific needs, objectives or circumstances in mind and it is not legal or financial advice. Before you act, or rely on any of our Content, you need to seek your own legal or other advice. While we use reasonable effort to ensure that our Content is accurate, current and complete, we don’t represent, warrant or guarantee its accuracy, currency or completeness (to the maximum extent permitted by law). All uses of our website are prohibited unless we give you our written consent.

You can’t do certain things on this website

To use our website and our Content, we expect you to abide by a certain standard of behaviour. You must not do or attempt to do anything that is unlawful, prohibited by any laws applicable to our website, anything which we would consider inappropriate or which might bring us or our website into disrepute. This includes:

1. anything that would be a breach of any other person’s privacy (including if you upload personal information about an individual without their consent) or any other legal rights;
2. using our website to defame, harass, threaten, menace or offend any person;
3. interfering with anyone using our website;
4. tampering with or modifying our website, knowingly transmitting viruses or other disabling features, or damaging or interfering with our website, including using trojan horses, viruses or piracy or programming routines that may damage or interfere with our website;
5. using our website to send unsolicited email messages; or
6. facilitating or assisting a third party to do any of the above acts.

Competitors are excluded from using our website to compete

You are prohibited from using our website and the Content in any way that competes with our business.

Our intellectual property

Unless we indicate otherwise, please note that we own or licence all rights, title and interest (including intellectual property rights) in our website and all of our Content. Your use of our website and your use of and access to any of our Content does not grant or transfer to you any rights, title or interest in relation to our website or our Content.

Varying these Terms

We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our website. We recommend you check our website regularly to ensure you are aware of our current terms. Content is subject to change without notice.

Discontinuing our website

We have a right to discontinue this website. This can be at any time, and may be without notice. We may also exclude any person from using our website, at any time and at our sole discretion. We are not responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Warranties and disclaimers

To the maximum extent permitted by law, we make no representations or warranties about our website or the Content, including that:

1. they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
2. access will be uninterrupted, error-free or free from viruses; or
3. our website will be secure.

You read, use and act on our website and the Content at your own risk.

Our liability is limited

To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our website and/or the Content and/or any inaccessibility of, interruption to or outage of our website and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date.

Our right to be indemnified by you

To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our website or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

Jurisdiction

Use of our website and these Terms are governed by the laws of Queensland, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Queensland and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

If you access our website and you are based overseas, we do not represent that our website complies with the laws (including intellectual property laws) of the country in which you reside (if you reside outside Australia). You are responsible for complying with the laws of the jurisdiction where you access our website and please note that you access our website at your own risk.

Privacy Policy

We are committed to treating the personal information we collect in accordance with the Australian Privacy Principles in the Privacy Act 1988 (Cth.) (the Privacy Act). This Privacy Policy sets out how we handle personal information provided to us, or otherwise collected by us when providing our legal services to you (Services) or when otherwise interacting with you.

In this Privacy Policy, “Ecobenno”, “we”, “us”, “our” refers to Ecobenno, business name of Ecomplish Consulting Pty Ltd.

The information we collect

The types of personal information we may collect about you include:

• Identity Data including first name, middle name, last name, maiden name, title, date of birth, gender, job title, photographic identification.
• Contact Data including billing address, delivery address, email address and telephone numbers.
• Financial Data including bank account and payment card details (through our third-party payment processor, Stripe).
• Background Verification Data including your passport number, driver licence number, photographic identification or other details requested as part of our onboarding process to comply with our due diligence obligations, anti-money laundering laws and related ongoing monitoring commitments or to provide you with our Services.
• Transaction Data including details about payments to you from us and from you to us and other details of services you have purchased from us.
• Technical and Usage Data including internet protocol (IP) address, your login data, your browser session and geo-location data, device and network information, statistics on page views and sessions, acquisition sources, search queries and/or browsing behaviour, information about your access and use of our website, including through the use of Internet cookies, your communications with our website, the type of browser you are using, the type of operating system you are using and the domain name of your Internet service provider.
• Profile Data including your username and password for Prism, legal services you have requested from us, information you have shared with our social media platforms, your interests, preferences, feedback and survey responses.
• Marketing and Communications Data including your preferences in receiving marketing from us and our third parties and your communication preferences.
• Professional data including where you are a worker of ours or applying for a role with us, your professional history such as your previous positions and professional experience.
• Sensitive information is a sub-set of personal information that is given a higher level of protection. Sensitive information means information relating to your racial or ethnic origin, political opinions, religion, trade union or other professional associations or memberships, philosophical beliefs, sexual orientation or practices, criminal records, health information or biometric information. In the course of providing our Services, we may collect, or come across such sensitive information in different situations, including during the course of conducting a background verification check on you, when reviewing your CV, and when providing legal services to you (for example, information we may need to know about your trade union membership to assist you with an employment law matter). We will only collect sensitive information with your consent.

How we collect personal information

We collect personal information in a variety of ways, including:

• Directly: We collect personal information which you directly provide to us, including through the ‘contact us’ form on our website, when you sign up to our services, request legal services, subscribe to our marketing publications or when you request our assistance via email, through Prism or over the telephone.
• Indirectly: We may collect personal information which you indirectly provide to us while interacting with us, such as when you use our website or Prism, in emails, over the telephone and in your online enquiries.
• From third parties: We collect personal information from third parties, such from our members when conducting a conflict check, details you have provided to recruitment businesses or third-party job application sites with the intention that they supply such data to us for recruitment purposes and details of your use of our website from our analytics and cookie providers and marketing providers. See the “Cookies” section below for more detail on the use of cookies.
• From publicly available sources: We collect personal data from publicly available resources such as the Australian Securities and Investment Commission (ASIC) and professional networking sites such as LinkedIn.

If you give us personal information about other people (like your family members or employees), we rely on you to inform those people that you’re sharing their information with us. We also expect you to let them know about this Privacy Policy and how they can find a copy of it. Lastly, make sure you have authority to share their information with us.

Why we collect, hold, use and disclose personal information

We may collect, hold, use and transfer personal information for the following purposes:

• to enable you to access and use our website, Prism and other associated platforms and social media platforms;
• to onboard you as a client, including to perform anti-money laundering and other background checks on you;
• to provide you with our Services including legal advice;
• to run conflict checks (for actual and potential clients, and for counterparties);
• to provide and improve our products and services and those of the Ecomplish Consulting group;
• to contact and communicate with you;
• to interact with governmental or regulatory bodies or other authorities in relation to you;
• for internal record keeping, administrative, invoicing and billing purposes;
• for analytics (including profiling on our website), market research and business development, including to operate and improve our website, services, Prism and associated social media platforms;
• for advertising and marketing, including to send you promotional information about our events and experiences and information that we consider may be of interest to you;
• to manage your participation in any of our events that you register for;
• where you have applied for employment or contracting with us, to consider your application to work with us and conduct any pre-employment reference checks and to send you information about future job opportunities that we consider may be of interest to you;
• for business purposes including any proposed acquisition, disposal, merger or similar of our business or entering into a joint venture, collaboration or referral arrangement; and
• to comply with our legal obligations.

Our disclosures of personal information to third parties

We may disclose personal information to:

• our employees, contractors and/or related entities (including members of the Ecomplish Consulting Group)
• IT service providers, data storage, web-hosting and server providers such as Amazon Web Services and Google;
• third party contractors, technology service providers and suppliers that assist us with providing our business processes, products and services. This may include artificial intelligence models;
• marketing or advertising providers such as Google, Facebook and Bing;
• third parties involved in hosting or organising events or seminars;
• our talent management software application, that assists us with our recruitment process (currently Workable);
• professional advisors, bankers, auditors, our insurers and insurance brokers;
• payment systems operators such as Stripe;
• our existing or potential agents or business partners;
• third parties as part of an actual or proposed acquisition, disposal, merger or similar of our business or entering into a joint venture, collaboration or referral arrangement;
• courts, tribunals and regulatory authorities, in the event you fail to pay for services we have provided to you;
• courts, tribunals, regulatory authorities and law enforcement officers, as required or authorised by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights;
• third parties to collect and process data, such as Google Analytics (To find out how Google uses data when you use third party websites or applications, please see www.google.com/policies/privacy/partners/ or any other URL Google may use from time to time), Mouseflow or other relevant analytics businesses; and
• any other third parties as required or permitted by law, such as where we receive a subpoena.

We are bound by strict confidentiality requirements as lawyers. All of your confidential information will be handled in accordance with our professional obligations.

Google Analytics: We may have enabled Google Analytics Advertising Features including remarketing features and advertising reporting features. We and third-party vendors may use first-party cookies (such as the Google Analytics cookie) or other first-party identifiers, and third-party cookies (such as Google advertising cookies) or other third-party identifiers together.

You can opt-out of Google Analytics Advertising Features including using a Google Analytics Opt-out Browser add-on found here. To opt-out of personalised ad delivery on the Google content network, please visit Google’s Ads Preferences Manager here or if you wish to opt-out permanently even when all cookies are deleted from your browser you can install their plugin here. To opt out of interest-based ads on mobile devices, please follow these instructions for your mobile device: On android open the Google Settings app on your device and select “ads” to control the settings. On iOS devices with iOS 6 and above use Apple’s advertising identifier. To learn more about limiting ad tracking using this identifier, visit the settings menu on your device.

Overseas disclosure

While we store personal information in Australia, where we disclose your personal information to the third parties listed above, these third parties may store, transfer or access personal information outside of Australia. We will only disclose your personal information overseas in accordance with the Australian Privacy Principles contained in the Privacy Act.

Your rights and controlling your personal information

Your choice: Please read this Privacy Policy carefully. If you provide personal information to us, you understand we will 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 and your use of our Services.

Restrict and unsubscribe: To object to processing for direct marketing/unsubscribe from our email database or opt-out of communications (including marketing communications), please contact us using the details below or opt-out using the opt-out facilities provided in the communication.

Access: You may request access to the personal information that we hold about you. An administrative fee may be payable for the provision of such information. Please note, in some situations, we may be legally permitted to withhold access to your personal information. If we cannot provide access to your information, we will advise you as soon as reasonably possible and provide you with the reasons for our refusal and any mechanism available to complain about the refusal. If we can provide access to your information in another form that still meets your needs, then we will take reasonable steps to give you such access.

Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will take reasonable steps to promptly correct any information found to be inaccurate, out of date, incomplete, irrelevant or misleading. Please note, in some situations, we may be legally permitted to not correct your personal information. If we cannot correct your information, we will advise you as soon as reasonably possible and provide you with the reasons for our refusal and any mechanism available to complain about the refusal.

Complaints: If you wish to make a complaint, please contact us using the details below and provide us with full details of the complaint. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take in response to your complaint. If you are not satisfied with our response, you may contact the Office of the Australian Information Commissioner.

Storage and security

We are committed to ensuring that the personal information we collect is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures, to safeguard and secure personal information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.

While we are committed to security, we cannot guarantee the security of any information that is transmitted to or by us over the Internet. The transmission and exchange of information is carried out at your own risk.

Cookies

We may use cookies on our website from time to time. Cookies are text files placed in your computer’s browser to store your preferences. Cookies, by themselves, do not tell us your email address or other personally identifiable information. However, they do recognise you when you return to our online website and allow third parties, such as Google and Facebook, to cause our advertisements to appear on your social media and online media feeds as part of our retargeting campaigns. If and when you choose to provide our online website with personal information, this information may be linked to the data stored in the cookie.

You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our website.

Links to other websites

Our website may contain links to other party’s websites. We do not have any control over those websites and we are not responsible for the protection and privacy of any personal information which you provide whilst visiting those websites. Those websites are not governed by this Privacy Policy.

Amendments

We may vary this Privacy Policy due to changes in our privacy practices or changes in the law, regulations and/or professional standards. We will publish the amended Privacy Policy on our website.