Privacy Policy

This is the Privacy Policy of Mohan Law Group Pty Ltd (ABN 27 666 900 465) trading as Visamigo Lawyers ("we", "us" and when relating to us, "our").

We are committed to protecting the privacy of our contacts, customers, suppliers and employees ("you" and when relating to you, "your") and complying with the Australian Privacy Principles set out in the Privacy Act 1988 (Cth) (Privacy Act) and any other applicable regulations. This Privacy Policy outlines our commitment to safeguarding the privacy of the personal information provided to us or collected by us while providing law services, resources, and advice (the "Services"), as well as in our interactions with you.

In this policy we describe how we manage your personal information.

1. The kinds of personal information we collect

The kinds of personal information that we collect include:

(a) contact details such as name, role or position, address, email address, mobile number, landline number and fax number;

(b) information relating to your circumstances and affairs relevant to the matter/s in which we are instructed;

(d) information regarding our communications with you and your attendance at seminars and promotional events held by us;

(e) if you are an employee or prospective employee, information about your qualifications, skills, and work experience;

(f) if you are a supplier or prospective supplier, information about your business skills, services, products, and prices;

For completeness, other forms of information we may collect about and from you may include:

· Your name

· Your photograph

· Your contact details, such as email address, street address, and telephone number

· Your passport(s)

· Your employer and job title (including previous employers, occupations, and job titles)

· Your date of birth

· Your credit card or payment details (including processing through our third-party payment processor)

· Your preferences and opinions

· Information you provide to us, including through feedback, customer surveys, or other means

· Sensitive information as described below

· Details of products and services we have provided to you or that you have inquired about

· Support requests submitted to us and our responses

· Information about your use of our Services, including through cookies and other tracking technologies

· Additional personal information you provide to us directly or indirectly through your use of our Services or associated applications and social media accounts

Sensitive Information: Sensitive information is a subset of personal information that requires a higher level of protection. It includes information about your racial or ethnic origin, political opinions, religious beliefs, trade union memberships, philosophical beliefs, sexual orientation, criminal records, health information, or biometric information.

As part of our legal services, we will gather personal information from clients and prospective clients. In some cases, we may obtain personal information from third-party searches, investigations, or even adverse parties.

To comply with legal requirements, Rule 93 of the Legal Profession Uniform General Rules 2015 necessitates the collection of clients' full names and addresses. Additionally, accurate name and address information must be collected to meet the trust account record keeping obligations outlined in Rule 47 of the Uniform General Rules and to fulfill our duty to the courts.

Rest assured that your personal information will only be used for its intended purposes or in accordance with the Privacy Act 1988 (Cth). For instance, we may utilise your personal information to provide tailored advice and recommendations based on your individual circumstances.

By engaging our services, you acknowledge and provide informed consent for Visamigo Lawyers to use secure generative artificial intelligence (“AI”) tools in the course of delivering services. Such tools may be deployed, inter alia, to draft or review documents, summarise material, analyse data, or perform similar tasks, solely for the purpose of enhancing the efficiency, accuracy and overall quality of our work on your behalf.

Please note that if you fail to provide the required full name and address information as mandated by law, we will be unable to act on your behalf. Similarly, if you withhold other requested personal information, our advice may be inadequate or misleading.

Unless otherwise permitted by law or with your consent, we will not collect sensitive information about you.

2. How we collect personal information

2.1 We collect personal information by various means including when:

(a) you contact us with a question or inquiry;

(b) you subscribe to our newsletter or legal updates service;

(d) you instruct us to act for you and we open a file and conduct a conflict check;

(e) our clients provide information relating to related and adverse parties relevant to the advice or services we are providing;

(f) we undertake a search or investigation;

(g) you visit our website.

2.2 Where practicable we collect personal information about you directly from you. However, we may have collected information about you from a third party such as a client, a third party information provider, the courts or a person responding to our questions or inquiries.

2.3 We are required to collect the full name and address of our clients by the Solicitors Rules made under the Legal Profession Act 2004 (NSW). Accurate name and address information must also be collected in order to comply with the trust account record keeping requirements in the Legal Profession Regulation 2005 (NSW) and to comply with our duty to the courts.

2.4 If you are a client and do not provide us with name and address information we cannot act for you.

2.5 If you do not provide us with accurate personal information we may not be able to carry out our instructions or achieve the purpose for which the information has been sought.

3. The purposes for which we collect, hold, use and disclose personal information

3.1 We collect, hold, use and personal information in order to:

(a) respond to your enquiries;

(b) provide legal services;

(d) monitor or improve the use of and satisfaction with our legal services; and

(e) let you know about legal developments, our expertise and legal services that may be of interest to you.

(f) contact and communicate with you regarding our Services, support requests, or other inquiries you make.

(g) internal record keeping, administrative tasks, invoicing, and billing purposes.

(h) analytics, market research, and business development to improve our Services, applications, and social media platforms.

(i) advertising and marketing, including sending promotional information about our products and services.

(j) compliance with legal obligations and resolution of disputes.

(k) employment application processes, if applicable.

(l) any other purposes required or authorised by law.

3.2 We disclose personal information:

(a) in order to carry out the instructions of our clients; and

(b) subject to our confidentiality obligations, when using services in support of our legal practice.

4. The parties to whom your personal information is disclosed

4.1 Subject to our confidentiality obligations, we may share some relevant personal information with:

(a) Service providers: To deliver our Services effectively, we collaborate with a range of third-party service providers. These include IT service providers, web-hosting and server providers, data storage providers, email marketing providers, debt collectors, couriers, maintenance providers, marketing or advertising providers, professional advisors, consultants, and payment systems operators. Each of these trusted partners plays a crucial role in ensuring the seamless delivery and operation of our Services.

(b) Employees, contractors, and related entities: Disclosure to individuals involved in providing our Services.

(d) Business transfer: Disclosure in the event of a transfer or potential transfer of our business or assets.

(e) Government departments and authorities: Disclosure to government departments, such as the Department of Home Affairs, as required by laws and regulations.

(f) Third-party data processors: Disclosure to third parties for data processing, such as Google Analytics or other relevant analytics businesses.

(g) Legal and regulatory authorities: Disclosure to courts, tribunals, regulatory authorities, and law enforcement officers as required or authorised by law.

(h) Other third parties: Visamigo Lawyers may share information with various parties, including third-party information providers, skills assessment bodies, government bodies and departments, consulates and embassies, individuals and organizations involved in health and character checks, couriers, parties involved in litigation or matters with Visamigo Lawyers, barristers, experts, tribunals or review bodies, courts, law enforcement agencies, translators and interpreters, former lawyers or representatives, transcription service providers, costs lawyers, independent contractors, associated entities of Visamigo Lawyers, third-party service providers offering archival, auditing, accounting, legal, business consulting, clerical, administrative, management, website, or technology services, former/prospective/current employers and their relocation service providers, email marketing providers assisting with the distribution of newsletters and legal updates, and individuals responding to inquiries.

(each a third-party (Third-Party))

4.2 We will also disclose your information if required by law to do so or in circumstances permitted by the Privacy Act – for example, where we have reasonable grounds to suspect that unlawful activity, or misconduct of a serious nature, that relates to our functions or activities has been, is being or may be engaged in, in response to a subpoena, discovery request or a court order.

5. Disclosure of information outside the jurisdiction of collection

5.1 Visamigo Lawyers does not disclose information overseas unless your instructions involve dealing with parties located overseas. If your matter involves parties overseas, Visamigo Lawyers may disclose select personal information to overseas recipients associated with that matter to carry out your instructions. From time to time, the staff members and other associated entities of Visamigo Lawyers' may access and deal with the client's records while travelling overseas.

5.2 Some of the Third-Parties described above, including our service providers and associated entities, may be overseas – for instance, the country of residence of your sponsor/nominator/employer/relatives or the country where their principal place of business is located, the countries from which you may require a character/police clearance, the countries in which any Australian embassy or consulate dealing with a matter related to you is located, or a country where the primary language is spoken.

5.3 While we primarily store personal information in Australia, some of the third parties we disclose personal information to may store, transfer, or access personal information outside of Australia. In such cases, we take reasonable steps to ensure that overseas recipients protect personal information in a manner consistent with the Australian Privacy Principles, unless we have obtained your consent or are otherwise legally authorised.

6. Opting out of marketing communications

6.1 We may, from time to time, send you newsletters, invitations and legal updates about our services. You can opt out of receiving further such communications by notifying us using our contact details below by clicking the "unsubscribe" option at the bottom of any marketing e-mail received from us.

7. Security

7.1 We take reasonable physical, technical and administrative safeguards to protect your personal information from misuse, interference, loss, and unauthorised access, modification and disclosure. For example, we maintain our files in secure offices and limit access to personal information to individuals with a need to know.

8. Access/correction/updating personal information

8.1 You can contact us to access, correct or update your personal information. Unless we are subject to confidentiality obligation or some other restriction on giving access to the information and we are permitted to refuse you access under the Privacy Act, we will endeavour to make your information available to you within 30 days. Examples of circumstances where we may refuse to give you access to your personal information include where:

(a) giving access would be unlawful;

(b) we reasonably believe that giving you access would pose a serious threat to the life, health or safety of any individual or to public health or public safety;

(d) the information could reveal the intentions of a party in negotiations;

(e) giving access could prejudice the taking of appropriate action in relation to unlawful activity;

(f) giving access could reveal evaluative information in a commercially sensitive decision making process.

8.2 If you request to correct your personal information, we will correct, or, if we consider more appropriate, note your request for amendment of the information on your record.

8.3 We will not charge you to make a request to access your record but we may charge you to actually provide access depending on the costs associated with obtaining and providing the material.

8.4 These actions can usually be taken by contacting a customer relations representative using the contact information on the "Contact Us" section below.

9. Notification of Changes

9.1 If we decide to change our Privacy Policy, we will send you a copy of our revised policy or post a copy on our website.

10. Complaints / Contact us

If a breach of this Privacy Policy occurs, a complaint may be made to us by sending it to:

Visamigo Lawyers

Suite 217, 14 Lexington Dr

Bella Vista NSW 2153

Attention: Privacy Officer

or by emailing ask@visamigo.com.au.

We will endeavour to respond to any complaint within 30 days. If you are not satisfied with our response to your complaint you may seek a review by contacting the Office of the Australian Information Commissioner using the information available at http://www.oaic.gov.au/privacy/privacy-complaints.