Privacy Policy

1. About This Privacy Policy

Eric Navea Legal respects your privacy and is committed to handling personal information responsibly.

This Privacy Policy explains how Eric Navea Legal collects, holds, uses and discloses personal information when you visit our website, contact us, submit an online enquiry, attend a consultation, provide information in connection with a legal matter or engage Eric Navea Legal to provide legal services.

Where the Privacy Act 1988 (Cth) and the Australian Privacy Principles apply to Eric Navea Legal, personal information will be handled in accordance with those requirements.

This Privacy Policy applies across the legal services provided by Eric Navea Legal, including Heavy Vehicle and NHVR matters, SafeWork NSW matters, traffic matters, licence appeals, regulatory investigations and related legal services.

2. What Personal Information We May Collect

The information we collect depends on the nature of your enquiry and the legal services you require.

Personal information may include:

• your name;
• residential or business address;
• telephone number;
• email address;
• business name;
• employer;
• occupation or position;
• identification information;
• information submitted through our website;
• correspondence and communications with us;
• information about legal proceedings;
• details of investigations or regulatory action;
• information relating to criminal or traffic charges;
• Court and tribunal documents;
• notices, correspondence or requests received from regulators;
• photographs, records, reports and other evidence;
• information concerning employees, directors, officers, contractors, witnesses or other persons relevant to a matter;
• billing and payment information;
• information required to undertake conflict checks; and
• information concerning previous or current legal matters.

We may also collect technical information relating to your use of our website, such as your IP address, browser or device information, pages visited, referring pages and the date and time of access.

3. Sensitive Information

Depending on the nature of a legal matter, we may receive or collect sensitive information.

This may include information concerning:

• health or medical conditions;
• criminal records;
• workplace incidents;
• injuries;
• allegations of misconduct;
• regulatory investigations;
• Court proceedings; or
• other information relevant to legal advice or representation.

We only collect sensitive information where it is reasonably necessary for our work, where you provide it to us, where you consent to its collection, or where collection is otherwise permitted or required by law.

4. How We Collect Personal Information

We generally collect personal information directly from you.

This may occur when you:

• telephone us;
• email us;
• submit an enquiry through our website;
• attend a consultation;
• instruct us to act on your behalf;
• provide documents or evidence;
• respond to questions about your matter; or
• otherwise communicate with us.

We may also receive information from third parties where appropriate, including courts and tribunals, police, prosecuting authorities, government departments, regulatory authorities, lawyers, barristers, experts, consultants, insurers, witnesses, employers, employees, directors, officers, contractors, authorised representatives, other parties involved in legal proceedings and publicly available sources.

5. Website Enquiries

When you submit an enquiry through the Eric Navea Legal website, we may collect information including your name, telephone number, email address, business or organisation name, the type of legal matter you are contacting us about and any information you choose to include in your enquiry.

Our website may also automatically process technical information associated with your visit or submission, including your IP address, browser information, device information, the page from which your enquiry was submitted, the date and time of submission and information associated with delivery of the enquiry.

Website enquiries are transmitted to Eric Navea Legal by email so that we can review and respond to them.

Our website and associated systems may retain limited technical or email transmission records relating to an enquiry for administrative, operational, troubleshooting, security or delivery-verification purposes.

Submitting an enquiry through our website does not, by itself, create a solicitor–client relationship, mean that Eric Navea Legal has accepted instructions or mean that Eric Navea Legal has confirmed that it is able to act for you.

You should avoid sending unnecessary highly confidential or sensitive documents through an initial website enquiry unless we have asked you to provide them.

6. Why We Collect and Use Personal Information

Eric Navea Legal may collect, hold and use personal information for purposes including:

• responding to enquiries;
• determining whether we can assist you;
• conducting conflict checks;
• arranging consultations;
• providing legal advice and representation;
• reviewing evidence;
• advising on investigations;
• preparing legal matters;
• communicating with regulators and prosecutors;
• communicating with courts and tribunals;
• preparing Court documents and submissions;
• conducting negotiations;
• instructing barristers and experts;
• representing clients in Court or other proceedings;
• managing client matters and files;
• communicating with clients;
• issuing invoices and processing payments;
• administering our legal practice;
• maintaining our website and information systems;
• complying with legal and professional obligations; and
• protecting our legal rights and the rights of our clients.

We generally use personal information for the purpose for which it was collected, for a related purpose that would reasonably be expected, with your consent, or where use is otherwise permitted or required by law.

7. How We Store and Manage Personal Information

Eric Navea Legal primarily stores and manages information electronically using secure cloud-based systems.

Personal information and client files may be stored or processed using systems that provide:

• email and electronic communications;
• cloud document and file storage;
• legal practice management;
• document creation and management;
• website hosting and administration;
• website forms and email delivery;
• data backup and recovery; and
• information technology and security services.

Electronic client files, correspondence, evidence and other documents may be stored in cloud-based file storage and legal practice management systems.

Email correspondence and website enquiries may also be retained within our email systems.

Eric Navea Legal does not currently use a separate customer relationship management or CRM system.

Website systems may retain limited technical or email transmission records relating to enquiries, including the date and time an email was transmitted, delivery status, recipient information, subject information and technical information associated with transmission.

8. Security of Personal Information

Eric Navea Legal takes reasonable steps to protect personal information from misuse, interference, loss, unauthorised access, unauthorised modification and unauthorised disclosure.

Security measures may include access controls, password protection, account security measures, cloud security features, backups, software and system security, restricted access to client information and administrative safeguards.

We use established technology and professional service providers to assist with managing and protecting information.

However, no website, electronic communication system or storage system can be guaranteed to be completely secure.

9. Disclosure of Personal Information

We may disclose personal information where reasonably necessary to provide legal services, manage a legal matter or operate our practice.

This may include disclosure to:

• courts and tribunals;
• police and prosecuting authorities;
• regulatory authorities;
• government departments;
• barristers;
• expert witnesses and consultants;
• other lawyers;
• insurers;
• accountants and professional advisers;
• other parties involved in legal proceedings;
• technology and cloud-storage providers;
• email and legal practice management providers;
• website hosting and security providers;
• backup and information technology providers; and
• other persons or organisations where you have authorised the disclosure or disclosure is permitted or required by law.

Eric Navea Legal does not sell personal information obtained through website enquiries or client matters.

10. Overseas Processing and Disclosure

Eric Navea Legal uses cloud-based technology and professional service providers.

Some of those providers operate infrastructure, related entities or service providers outside Australia.

As a result, personal information may in some circumstances be processed, stored, accessed or disclosed outside Australia.

Depending on the services and infrastructure being used, overseas processing may occur in countries or regions including:

• the United States;
• the United Kingdom;
• Japan; and
• countries within the European Union.

The particular locations used by technology providers may change from time to time as their infrastructure and service arrangements change.

Where personal information is handled outside Australia, Eric Navea Legal takes reasonable steps appropriate to the circumstances to use reputable service providers and protect personal information in accordance with applicable legal and professional obligations.

11. Legal Professional Confidentiality

Information provided to Eric Navea Legal in connection with legal services is handled having regard to the professional duties applying to legal practitioners.

However, contacting Eric Navea Legal or submitting information through our website does not necessarily mean that we have agreed to act for you, that a solicitor–client relationship has been created or that every communication is protected by legal professional privilege.

Legal professional privilege depends on the nature and purpose of the communication and the surrounding circumstances.

12. Retention of Personal Information

We retain personal information for as long as reasonably necessary for the purpose for which it was collected, providing legal services, managing legal matters, maintaining client files, complying with professional and record-keeping obligations, resolving disputes or complaints and complying with other applicable legal obligations.

Where personal information is no longer reasonably required, it may be securely destroyed or de-identified where appropriate and subject to any applicable professional, legal or record-retention requirements.

13. Access to Personal Information

You may contact Eric Navea Legal to request access to personal information that we hold about you.

We may need to verify your identity before providing access.

There may be circumstances in which access is restricted or refused where permitted or required by law.

14. Correction of Personal Information

We take reasonable steps to ensure that personal information we hold is accurate, complete and up to date.

If you believe information held by Eric Navea Legal is incorrect, incomplete or out of date, you may contact us and request that it be corrected.

15. Privacy Complaints

If you have concerns about how Eric Navea Legal has handled your personal information, please contact us.

Please provide sufficient information for us to understand and investigate your concern.

We will endeavour to acknowledge and respond to privacy complaints within a reasonable period.

Where the Privacy Act applies and you are not satisfied with our response, you may also be entitled to make a complaint to the Office of the Australian Information Commissioner.

16. Cookies and Website Information

Our website may use cookies and similar technologies necessary for website functionality, security, performance, troubleshooting, administration and user experience.

Our website and associated systems may automatically collect technical information such as IP address, browser type, device information, referring website, pages accessed, date and time of access and other standard website log information.

This information may be used to operate and secure the website, diagnose technical problems and understand how the website is being used.

17. Marketing Communications

Information submitted through a legal enquiry will not simply be used to send unrelated marketing communications.

Where Eric Navea Legal sends marketing or informational communications, this will be done where you have consented, there is an existing relationship that permits the communication, or the communication is otherwise permitted by law.

You may ask us to stop sending marketing communications at any time.

18. Third-Party Websites

Our website may contain links to websites operated by third parties.

Eric Navea Legal is not responsible for the privacy practices, security or content of third-party websites.

19. Changes to This Privacy Policy

We may update this Privacy Policy from time to time to reflect changes to our legal obligations, practice, technology, information-handling practices, website functionality or service-provider arrangements.

The current version of this Privacy Policy will be published on this website.

20. Contact Eric Navea Legal

For questions about this Privacy Policy, requests for access or correction, or privacy complaints, please contact: