This Privacy Policy refers to the website www.carolinechung.com.au (‘website’), owned and operated by Caroline Chung & Associates (ABN 99 003 389 660) (‘Caroline Chung’, ‘we’ or ‘us’).

The privacy policy sets out matters relating to the collection, use, disclosure and storage by Caroline Chung of personal information relating to an individual.

Background
Australian Law
In March 2014, the Australian Government amended the Privacy Act 1988 and implemented the
National Privacy Principles, which include provisions that regulate the way Australian organisations collect, use, disclose, keep secure and provide access to personal information. Caroline Chung & Associates is bound to protect your personal information in accordance with the National Privacy Principles, to the extent required by the Privacy Act 1988.

This privacy policy document gives information on how we protect the personal information we hold about you to give you comfort that the personal information you provide to us will be kept in the strictest confidence. We acknowledge that circumstances may change and our policy will be reassessed accordingly.

Caroline Chung & Associates’ Privacy Policy
At Caroline Chung & Associates, the privacy of your personal information is of paramount importance to us. We collect personal information when you enquire about or engage our services. We retain this information to run a legal issue, on behalf of you, as well as to provide you with information about the services we offer. In some circumstances the law may also require us to collect personal information.

The Australian Privacy Act defines personal information as information or an opinion about an individual whose identity is apparent or can reasonably be ascertained. It may include your name, age and contact details as well as your health and financial information. The following statement outlines our general information handling practices, and is generally reflected in our documents.

How is my personal information dealt with?
Your personal information may be used by us to administer, monitor and evaluate services, assist you with any queries and take measures to detect and prevent fraud and other illegal activity, or incorporated into statistical analysis for our business. We may also be allowed or obliged to disclose information by law and to report on fiduciary or legal matters to regulators and our related bodies.

We aim to ensure that the personal information we retain about you is accurate, complete and up-to-date.
If you provide us with incomplete or inaccurate information, we may not be able to provide you with the services you are seeking.

If you have any questions or would like further information about our privacy and information handling practices, please contact us by:

Collection of personal information
What is ‘personal information’?
Personal information is information or an opinion, whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.

Why we collect information
Personal information is collected so that we may:

  • administer our customer relationships;
  • carry out legal services for a client and,
  • unless the customer tells us otherwise, to provide information on other services offered by Caroline Chung & Associates.

We may also use personal information for other purposes such as:

  • monitoring and evaluating services;
  • statistical, prudential, actuarial and research purposes;
  • assisting customers with queries; and
  • taking measures to detect and prevent frauds.

What we collect
Caroline Chung & Associates collects personal information on clients via enquiries (face-to-face, phone, fax, email and online) and requests by clients for Caroline Chung & Associates to act on their behalf.

Personal information collected from clients may include:

  • name
  • contact details
  • Australian Tax File Number, exemption reason or country of residence
  • bank account information
  • employment information
  • responses to surveys

We may also collect personal information when you request information on our services.

Caroline Chung & Associates will not collect sensitive information about an individual’s racial or ethnic origin, political opinions, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual preferences or practices, or criminal record unless:

  • the individual has consented; or
  • the collection is required by law; or
  • the collection is necessary to prevent or lessen a serious and imminent threat to the life or health of any individual, where the individual whom the information concerns:
  • is physically or legally incapable of giving consent to the collection; or
  • physically cannot communicate consent to the collection; or
  • the collection is necessary for the establishment, exercise or defence of a legal or equitable claim.

Anonymity
Wherever it is lawful and practicable, individuals will have the option of not identifying themselves when entering into transactions, or otherwise, dealing with Caroline Chung & Associates.

Identifiers
An identifier includes a number assigned by Caroline Chung & Associates to an individual to identify uniquely the individual for the purposes of Caroline Chung & Associates’ operations. Note: an individual’s name or ABN (as defined in the A New Tax System (Australian Business Number) Act 1999) is not an identifier.

Caroline Chung & Associates will not adopt as its own identifier of an individual, an identifier of the individual that has been assigned by:

  • an agency; or
  • an agent of an agency acting in its capacity as agent; or
  • a contracted service provider for a Commonwealth contract acting in its capacity as contracted service provider for that contract.

What if you provide incomplete or inaccurate information?
We may not be able to provide you with the services you are seeking.

Who we may disclose information to (this includes, but is not limited to, the following persons):

  • Any person acting on your behalf, including your financial adviser, solicitor, accountant, executor, administrator, trustee or guardian, as long as you have told us that this person is authorised to act on your behalf.
  • Auditors we appoint to ensure the integrity of our operations
  • If required or authorised by regulatory bodies and government agencies, if Caroline Chung & Associates reasonably believes that the use or disclosure is necessary to lessen or prevent:
  • a serious and imminent threat to an individual’s life, health or safety; or
  • a serious threat to public health or public safety.

Disclosing information for a secondary purpose

Caroline Chung & Associates will not use or disclose personal information about an individual for a purpose (the secondary purpose) other than the primary purpose of collection unless:

  • the individual has consented to the use or disclosure; or
  • the secondary purpose is related to the primary purpose of collection; and
  • the individual would reasonably expect Caroline Chung & Associates to use or disclose the information for the secondary purpose; and
  • the use is made by an employee, agent or contractor of Caroline Chung & Associates, in the performance of that person’s duties for Caroline Chung & Associates

Consent
The main purpose for Caroline Chung & Associates collecting your information is to respond to an enquiry relating to a legal matter or to act, on your behalf (with your consent), in a legal matter.

Disclosure required by law
We may be required or authorised by or under law to disclose information, for example, when we are served with a court order. We may also be required by a Government Agency to produce information and records, for example, in relation to taxation, immigration, family or social security laws about an individual in:

  • the prevention, detection, investigation, prosecution or punishment of criminal offences, breaches of a law imposing a penalty or sanction or breaches of a prescribed law;
  • the enforcement of laws relating to the confiscation of the proceeds of crime;
  • the protection of the public revenue;
  • the prevention, detection, investigation or remedying of unlawful or seriously improper conduct or prescribed conduct;
  • the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of the orders of a court or tribunal.

Personal information quality
We take reasonable steps to ensure that the personal information we collect, use or disclose is accurate, complete and up-to-date.

Please contact us if any of your personal details change or you believe that the information we have about you is not accurate, complete or up-to-date:

Personal information security
We are committed to keeping secure the personal information you provide to us. We take all reasonable precautions to protect the personal information we hold about you from misuse and loss and from unauthorised access, modification or disclosure.

We have a range of physical and technology policies in place to provide a robust security environment.

We ensure the on-going adequacy of these measures by regularly reviewing them.

Our security measures include, but are not limited to:

  • restricting access to our computer systems and physical records to authorised persons and preventing users from accessing information they have no need to access;
  • requiring employees to use unique passwords to gain access to systems. These passwords are changed regularly and their use is independently monitored;
  • encrypting data sent from your computer to our systems during Internet transactions and customer access codes transmitted across networks:
  • employing firewalls, intrusion detection systems and virus scanning tools to prevent unauthorised persons and viruses from entering our systems;
  • using dedicated secure networks or encryption when we transmit electronic data for purposes of outsourcing;
  • providing secure storage for physical records; and
  • detecting and preventing unauthorised access to buildings by employing physical and electronic means such as alarms, cameras and guards as required.

Where information we hold is identified as no longer needed for any purpose we take reasonable steps to effectively and securely destroy it.

Online services
Collection of information via our website
For statistical purposes we collect information on website activity (such as the number of users who visit our web site, the date and time of visits, the number of pages viewed, navigation patterns, what country and what systems users have used to access the site and, when entering our website from another website, the address of that website) through the use of ‘cookies’.

This information on its own does not identify an individual but it does provide us with statistics that can be used to analyse and improve our website. We may also collect your personal information via your use of our website.

Generally, the information that we collect is what you give us when you complete a form or otherwise make an enquiry or transaction via the website.

Cookies
A ‘cookie’ is a packet of information that allows the server (the computer that houses the website) to identify and interact more effectively with your computer.

When you use our website, we send you a temporary cookie that gives you a unique identification number. A different identification number is sent each time you use our website. Cookies do not identify individual users, although they do identify a user’s browser type and your Internet Service Provider (ISP).

To evaluate the effectiveness of our website, we may use third parties to collect statistical data. No personal data is collected on these occasions.

You can configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is sent. Please refer to your browser instructions or help screens to learn more about these functions. If you reject all cookies, you may not be able to use our websites.

Links to other websites
Our website may contain links to websites not related to Caroline Chung & Associates. While such links are provided for your convenience, you should be aware that the information handling practices of the linked websites might not be the same as ours. You should review any privacy policies on those linked websites. We are not responsible for any linked websites.

Telephone services
We may monitor and record telephone calls for training and security purposes. If we do so, we will tell you at the time.

Changes to our privacy and information handling practices
Caroline Chung & Associates may make changes to our privacy and information handling practices from time to time for any reason. We will publish those changes on our website and, if there are important changes or a lot of minor changes, by updating this document.

Access to personal information
You can request us to provide you with access to the personal information we hold about you.

In most cases, your personal information is accessible to you via:

  • written request
  • fax request
  • phone request

We have processes and procedures in place for the correction of any errors brought to our attention.

All procedures involve the identification of the individual through security checks before we will provide any information.

If you complete a survey for us, we may keep the information you provide to improve our services.

Caroline Chung & Associates may charge for providing access to personal information.

These charges are proportional to the cost involved in time and resources required to collate the information requested.

Jointly held information
Where we hold your personal information in conjunction with that of another individual or individuals (eg. where you jointly have requested legal advice), we will allow each individual access to their own personal information and to the joint information (eg. Account balances and joint details) but not to the personal information of the other individual(s).

Responding to an access request
We will respond to your access request as soon as possible. There is no charge for access to your personal information.

Contact us about our privacy and information handling practices
If you have any questions or would like further information about our privacy and information handling practices, please contact us by:

If you have any concerns or complaints about our privacy and information handling practices, please contact us as above. We will acknowledge your concern promptly, investigate the concern, and reply to you, advising of any decision and informing you of any remedies available, including possible appeal through dispute resolution bodies.

International transfer of client information

Caroline Chung & Associates may transfer personal information about an individual to someone (other than Caroline Chung & Associates or the individual) who is outside of Australia. We will only do so if:

  • Caroline Chung & Associates reasonably believes that the recipient of the information is subject to a law, binding scheme or contract which effectively upholds principles for fair handling of the information that are substantially similar to the National Privacy Principles; or
  • the individual consents to the transfer; or
  • the transfer is necessary for the performance of a contract between the individual and Caroline Chung & Associates, or for the implementation of pre-contractual measures taken in response to the individual’s request; or
  • the transfer is necessary for the conclusion or performance of a contract concluded in the interest of the individual between Caroline Chung & Associates and a third party.