Advisory

WEBSITE PRIVACY POLICY

This Privacy Policy applies to all personal information collected by KAdvisory Pty Ltd ACN 681 645 572 (we, us or our) via the website located at www.thekadvisory.com (Website).

What information do we collect?

The kind of Personal Information that we collect from you will depend on how you use our services, including our website and newsletter. The Personal Information which we collect and hold about you may include:

We may collect names, contact details (email address, phone number, postal address), job titles and business details; enquiry, introduction, referral and appointment information; information submitted through website, intake, contact and scheduling forms; professional, commercial, financial and ownership information relevant to disputes, deadlocks, property sales and fiduciary appointments; correspondence, meeting notes, instructions and documents; billing, payment and transaction records; identity-verification information where reasonably necessary; newsletter subscription and marketing preferences; and website usage information such as IP address, browser type, device information, cookies and analytics data. In the course of our advisory and appointment work, we may also incidentally collect personal information about individuals other than our direct clients (such as partners, co-owners, family members, advisers, counterparties or other third parties), and in limited circumstances, sensitive information that arises necessarily within confidential discussions.

Types of information

The Privacy Act 1988 (Cth) (Privacy Act) defines types of information, including Personal Information and Sensitive Information.

Personal Information means information or an opinion about an identified individual or an individual who is reasonably identifiable:

  1. whether the information or opinion is true or not; and
  2. whether the information or opinion is recorded in a material form or not.

If the information does not disclose your identity or enable your identity to be ascertained, it will in most cases not be classified as “Personal Information” and will not be subject to this privacy policy.

Sensitive Information is defined in the Privacy Act as including information or opinion about such things as an individual’s racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.

We will only collect Sensitive Information where you consent and the collection is reasonably necessary for one or more of our functions or activities, or where another exception under the Privacy Act applies.

We will only use or disclose Sensitive Information for the purpose for which it was collected, unless you have consented to the use or disclosure for another purpose, you would reasonably expect us to use or disclose it for a directly related secondary purpose, or the use or disclosure is otherwise required or authorised by law.

How we collect your Personal Information

  1. We may collect Personal Information from you whenever you input such information into the Website, related app or provide it to Us in any other way.
  2. We may also collect cookies from your computer which enable us to tell when you use the Website and also to help customise your Website experience. As a general rule, however, it is not possible to identify you personally from our use of cookies.
  3. We generally don’t collect Sensitive Information, but when we do, we will comply with the preceding paragraph.
  4. Where reasonable and practicable we collect your Personal Information from you only. However, sometimes we may be given information from a third party, in cases like this we will take steps to make you aware of the information that was provided by a third party.

Purpose of collection

  1. We collect, hold, use and disclose Personal Information as reasonably necessary for our functions and activities, including, as applicable, to respond to enquiries and referrals; assess and accept engagements or appointments; conduct conflicts, identity and other due diligence checks; provide advisory and appointment services; communicate with clients, parties, advisers, courts and other stakeholders; perform fiduciary and court-appointed duties; manage billing, records, insurance and risk; comply with legal and regulatory obligations; manage complaints and disputes; and administer newsletters and marketing preferences.
  2. We may disclose Personal Information where reasonably necessary for the relevant purpose or engagement or where required or authorised by law. Depending on the circumstances, recipients may include instructing lawyers and other professional advisers; clients, parties and their representatives; courts, tribunals, regulators and other authorities; agents, valuers, accountants, insurers and insurance advisers; and technology, records management, website, communications and other service providers. We take reasonable steps to ensure that recipients handle Personal Information appropriately.
  3. We may send you direct marketing material where we have your express consent or another lawful basis to do so. We will not use Sensitive Information for direct marketing. Each direct marketing communication will include a simple way for you to opt out of receiving further marketing communications, such as an unsubscribe link, and you may also contact us to update your marketing preferences.

Security, Access and correction

  1. We store your Personal Information in a way that reasonably protects it from unauthorised access, misuse, modification or disclosure. When we no longer require your Personal Information for the purpose for which we obtained in, we will take reasonable steps to destroy and anonymise or de-identify it. We retain personal information only for as long as reasonably necessary for the purposes for which it was collected, including applicable legal, accounting, insurance, appointment and dispute-resolution requirements.
  2. The Australian Privacy Principles:
    1. permit you to obtain access to the Personal Information we hold about you in certain circumstances (Australian Privacy Principle 12); and
    2. allow you to correct inaccurate Personal Information subject to certain exceptions (Australian Privacy Principle 13).
  3. Where you would like to obtain such access, please contact us in writing on the contact details set out at the bottom of this privacy policy.

Complaint procedure

If you have a complaint concerning the manner in which we maintain the privacy of your Personal Information, please contact us as on the contact details set out at the bottom of this policy. All complaints will be considered by Kyle Kimball and we may seek further information from you to clarify your concerns. If we agree that your complaint is well founded, we will, in consultation with you, take appropriate steps to rectify the problem. If you remain dissatisfied with the outcome, you may refer the matter to the Office of the Australian Information Commissioner.

Overseas transfer

Your Personal Information may be transferred to recipients located overseas. Those jurisdictions may have data protection laws that protect Personal Information in a way that is substantially similar to the Australian Privacy Principles, and mechanisms may be available for you to enforce that protection.

Personal Information under that overseas law. In the circumstances, we do not require the overseas recipients to comply with the Australian Privacy Principles and we will not be liable for a breach of the Australian Privacy Principles if your Personal Information is mishandled.

How to contact us about privacy

If you have any queries, or if you seek access to your Personal Information, or if you have a complaint about our privacy practices, you can contact us through: mail@thekadvisory.com