1.    Introduction

Omoi IP is a trading name of Omoi IP Pty Ltd (ACN 666 464 400).  Omoi IP (we or us or our) takes privacy obligations seriously and respects the private nature of the information of our clients and users (user or you). 

We collect, hold, use and disclose personal information (including sensitive information) disclosed by you to provide legal and other services and we are committed to ensuring the privacy of that information.   Omoi IP is bound by the Privacy Act 1988 (Cth) (Act) and the Australian Privacy Principles (APPs). We deal with any information provided to us in accordance with this Privacy Policy (which does not limit or replace our obligations under the Act, or the APPs or other guidelines and rules made or approved by the Australian Information Commissioner from time to time).

This Privacy Policy explains how we collect, use, disclose, and safeguard your information, including when you visit our website located at http://www.omoiip.com.au (Our Website) and/or otherwise online including via social media, or any other media form or channel, mobile website, or application (collectively, the  Sites). Please read this Privacy Policy carefully. If you do not agree with the terms of this Privacy Policy, please do not access Our Website or the Sites.

2.    What we may Collect and How

The types of personal information we may collect includes:

·  Contact details (name, address, email, telephone and facsimile number/s)

·  Personal history and details

·  Employment information 

We only collect the personal information necessary to enable us to provide legal and associated services to you.  In some circumstances, we may collect sensitive information from you as well, however we will not do this without obtaining your prior consent. 

Circumstances in which we collect personal information about or from you include by you providing to us directly in our dealings with you (which may include in person, by email, telephone, facsimile, via Our Website or the Sites) as well as via third parties.  This may include and occur when:

· we take instructions from you to determine the type of legal or associated services required;

·  you engage us to provide services to you;

·  you contact us in respect of a query, job application or other matters;

·  you attend one of our events (online or in person) or subscribe to one of our mailing lists or marketing emails;

·  we are required by law;

·  we are dealing with certain government agencies or departments;

·  we engage with other parties to litigation, or a transaction, and/or their legal practitioners;

·  if we are dealing with intellectual property organisations, registries or other bodies and/or other courts or tribunals;

·  in circumstances where third parties provide it to us, which may include third party representatives authorised by you, professional advisors, government and regulatory bodies or law enforcement agencies. 

If you decide not to provide us with your personal information (or permit or authorise third parties to do so), this may limit or prevent us from providing you with all or some of our services (including legal advice) to you in whole or part.  Omoi IP will not knowingly obtain or seek information from, or market to, any child under 13 years.   Please contact us via the contact information provided below if you are aware of any breach of this policy in relation to a child under 13 years.

3.      Use and Disclosure of your Personal Information

We may use, disclose and/or share your personal information for the following main purposes:

·  providing you with legal services and any other services, as agreed with you, including to third parties – which may include expert witnesses or external legal counsel (including barristers, solicitors, patent or trade mark attorneys or other professional advisors) we may engage with including on your behalf, government regulatory bodies and public registers (such as the Australian Securities and Investment Commission, IP Australia and .au Domain Administration Limited (auDA))

·  conducting our business (such as internal file management, business management and accounting processes) as well as third parties who may perform services for us or on our behalf (including in respect of payment processing, accounting, email delivery and/or marketing, hosting, information technology, document management, legal archiving and customer service and assistance)

·  with our affiliates, including any parent company, subsidiaries, joint venture partners and/or companies we control or under common control (who will be bound by and must abide by the Omoi IP Privacy Policy)

·  maintaining contact with you, including providing you with information and marketing materials from time to time that we consider might be of interest or benefit to you 

·  to transfer your information to a successor entity if we reorganise or sell all or some of our assets, are acquired or merge with a third party and/or to a third party as a result of our bankruptcy or ceasing to be in business (in which case the third party may not agree to abide by our Privacy Policy)

·  confirming your identity

·  complying with any relevant law or court order and/or to protect you or any third-party rights, including if we believe releasing information about you is necessary to respond to any legal process and/or protect the rights, property and safety of others

·  enforcing any agreement(s) we have with you and/or investigate or remedy possible violations of our polices (including with third parties for fraud protection and reduction of credit risk)

Our disclosure of your personal information to any third parties, including those who may aid us to deliver the legal or other services to you, will be in accordance with our legal and professional obligations with you.  In addition to those set out above, third parties may include investigators, legal process services, photocopying or electronic reproduction or scanning service providers, event organisers and mail houses, search and watch notice providers, law enforcement and statutory bodies, courts, mediation or other decision making or advisory panels and tribunals.

Some third parties we may need to disclose your personal information to might be located outside of Australia.  These could include overseas service agents, law firms, courts and tribunals and other foreign bodies, including the Intellectual Property Office of New Zealand, the International Bureau at the World Intellectual Property Organisation, the Internet Corporation for Assigned Names and Numbers (ICANN), foreign trade mark Registries - as well as overseas law firms, attorneys and/or trade mark and/or patent attorneys - including for the purposes of filing foreign or international trade marks, designs or other intellectual property applications and/or to take steps to maintain/renew, manage, enforce or secure your Intellectual Property in one or more foreign jurisdictions.   The privacy laws in countries outside of Australia may not be the same as are in place in Australia.  We will take reasonable steps to ensure that any foreign third parties maintain the privacy of personal information (subject to the local law of the relevant jurisdiction and/or practices of the relevant third party).    

Use or disclosure by us of your personal information for any other purposes may occur when the use or disclosure:

·  has been consented to by you

·  is permitted or required under an Order or other enforceable notification or direction of any Court, tribunal or other statutory, government or other body

·  would give rise to a reasonable expectation by you for us to use or disclose such information to provide the legal or other services you have requested from us

We do not and will never sell, rent, trade or gain any benefit from disclosing any personal information about you.