Privacy Policy

In this Privacy Policy:

1. We, us, our means JES LEGAL PTY LTD ABN 92 701 276 735;
2. Personal information has the meaning given in the Privacy Act and, in broad terms, means information or an opinion about an identified individual, or an individual who is reasonably identifiable;
3. Sensitive information is a subset of personal information that is given a higher level of protection under the Privacy Act and includes health information and biometric information and biometric templates;
4. You means any individual about whom we collect personal information.

In this Privacy Policy, unless the context otherwise requires, a reference to:

1. a document is to that document as amended, novated or replaced from time to time;
2. a person includes a natural person, partnership, body corporate, joint venture, association, government, authority, agency or other entity;
3. a party includes that party's executors, administrators, successors and permitted assigns;
4. a statute, regulation or provision of a statute or regulation ("Statutory Provision") includes:
   1. that Statutory Provision as amended or re-enacted from time to time; and
   2. a statute, regulation or provision enacted in replacement of that Statutory Provision, or if relevant, the predecessor to that statute, regulation or provision;
5. headings are for convenience only and do not affect the interpretation or form part of this Privacy Policy;
6. if a party consists of more than one person, this Privacy Policy applies to them jointly and each of them severally;
7. 'including' and similar expressions are not words of limitation;
8. one gender includes the other genders;
9. the singular includes the plural, and the plural includes the singular;
10. where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning;
11. words defined in the Privacy Act have the same meaning in this Privacy Policy.

We collect personal information from you based on your interactions with us. The main types of personal information we may collect are set out below:

1. your name, address, email address, telephone number, date of birth, qualifications, work history, references, right to work information, bank account details, licence details, credit reporting information, relationship information, family information;
2. your personal circumstances, financial information, photographs, film, recordings of you, materials gathered during workplace investigations, digital representation of you;
3. health and sensitive information, for example, information about work health and safety, psychosocial hazards or workers' compensation matters; and
4. device information including the operating system and how you use your device and your location or activity including IP address and geolocation data based on the GPS of your mobile device when accessing our services.

If you decline to provide personal information we request, we may be unable to provide you with some or all of our products or services, process your application, or otherwise deal with you.

You consent to us collecting, holding, storing and using Personal and Sensitive Information that you provide to us either directly or indirectly.

We generally collect Personal Information directly from you. For example, when you complete a form on our website, in a telephone call including where we may also record our calls via our VXT phone system, at an in-person meeting or interview with you, by digital devices when we conduct Microsoft Teams or VXT meetings or similar, or via email or our client portal in Smokeball when you upload documents.

We hold Personal Information in our file notes, records, documents, emails, electronic communications, digital devices, software including but not limited to VXT and Smokeball, servers, databases or in our premises.

Sometimes, we may also collect Personal Information from third parties, including but not limited to:

• a public register
• a relative, spouse, de facto or member of your household
• an associate or adviser
• an accountant
• a financial planner
• a broker
• another lawyer
• an expert
• a health professional
• your prospective, current or former employer
• a referee
• a referrer
• a person you authorise us to liaise with
• an information match agent or intermediary

We collect, hold, use and disclose Personal Information so we can:

• verify your identity
• act for you or an entity you are involved or associated with
• provide a service or product to you
• provide information
• process an application
• respond to your question, complaint or instruction
• conduct market research
• take legal action
• advance a matter you are involved in
• identify you and check for any potential conflict of interest
• verify your authority to act on behalf of an entity dealing with us
• run our business and perform legal and operational tasks
• follow up on any outstanding invoices
• pursue debt recovery against you
• report you to a credit reporting body
• comply with our obligations under applicable laws, regulations and codes, as amended or replaced from time to time

We use artificial intelligence in our VXT telephone system, which records and transcribes a summary of our calls. We may use artificial intelligence for legal research purposes, or to perform data population including to produce reports or summarise data. We may also use AI for case management purposes.

Where we do, a lawyer will manually review the results of the AI.

You may visit our website without identifying yourself. If you identify yourself (for example, by making an enquiry), we endeavour to handle your Personal Information in accordance with this Privacy Policy.

Our website uses cookies and may use similar technologies (such as pixels and analytics tags). A cookie is a small file stored on your device that helps the website function, remember your settings and understand how the site is used. The cookies we use fall into the following categories:

Analytics and advertising cookies may involve the disclosure of information to the third-party providers of those services, some of whom are located overseas. You can manage or disable cookies at the bottom of our website or through your browser settings. You may opt out of personalised advertising through the settings offered by the relevant platforms; however, if you disable cookies, some parts of our website may not function properly.

If our website contains links to third-party websites, you must read the privacy policy and terms and conditions (or similar) of those third-party websites, as they govern the use of such sites.

Where it is lawful and practicable, you may deal with us anonymously or using a pseudonym. However, it is generally not practicable for us to deal with you anonymously on an ongoing basis, as we cannot provide you with legal services on that basis.

We may use and disclose your personal information to tell you about our services, workplace advisory offerings, or workplace training seminars or similar. You can opt out of direct marketing at any time by using the unsubscribe link or button in our messages or emails, or by contacting our Privacy Officer using the details below. If you opt out of marketing, we may still contact you about your matters and our ongoing relationship with you.

Some of our service providers (including providers of cloud hosting, workforce management, analytics and marketing platforms) store or process information overseas. The locations will depend on the providers we use from time to time, but may include:

You may request access, or ask for a correction, to the Personal Information we hold about you by contacting our Privacy Officer using the details below. We may charge you fees for our reasonable costs of compiling and providing the information.

If you have a complaint, question or concern, please contact us using the information below. If you are not satisfied with our response, you may complain to the Office of the Australian Information Commissioner (OAIC).

We may amend this Privacy Policy from time to time. The current version will be published on our website and is available on request.

For any privacy enquiry, access or correction request, or complaint, please contact our Privacy Officer: