Privacy Policy
A legal disclaimer
We are committed to ensuring your privacy is protected and to complying with our obligations under the Privacy Act 2020 (as amended).
The purpose of this Privacy Policy is to tell you how we manage your personal information.
By providing us with your personal information when using our services, you acknowledge that you have read and understood this Privacy Policy and consent to our use of your personal information in accordance with the terms set out in this policy (as amended from time to time).
The terms "we", "us" and "our" are a reference to the business trading as "Erica Burke Barrister". References to "you", "your" and "client" are a reference to you.
1. What is personal information?
Personal information means any information that directly or indirectly allows for the identification of a natural person. It may include, but is not limited to:
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your name, physical address, email address and telephone number;
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payment information;
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support queries and requests;
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information about your company such as the name, size and location of your company and your role within the company; and
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any other information that could reasonably identify you as an individual.
If you can't be identified (for example, when personal information has been aggregated and anonymised) then this Privacy Policy does not apply.
3. Use of personal information
We may use your personal information in the following ways:
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for the purpose of providing our services and communicating with you in relation to those services;
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to improve and develop our services;
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marketing communications, in accordance with your marketing preferences;
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operational communications, such as changes to our website, our terms of use and this Privacy Policy;
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to assist us in developing and improving our services;
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to enforce our rights where necessary, in accordance with any contract or other terms and conditions to which you are subject;
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if you provide testimonials or reviews, to publish that content on our website and social media platforms (with your consent); or
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in accordance with our legal obligations.
2. Collection of personal information
Direct collection
Personal information means any information that directly or indirectly allows for the identification of a natural person. It may include, but is not limited to:
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your name, physical address, email address and telephone number;
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payment information;
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support queries and requests;
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information about your company such as the name, size and location of your company and your role within the company; and
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any other information that could reasonably identify you as an individual.
If you can't be identified (for example, when personal information has been aggregated and anonymised) then this Privacy Policy does not apply.
Indirect collection
In some circumstances, we may collect personal information about you from third parties rather than directly from you. This might occur when:
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you have authorised a third party to provide us with your information;
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we engage with other service providers who share information with us as part of providing our services to you;
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we obtain publicly available information about you or your business;
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we receive referrals from other clients or business contacts; or
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we need to verify information you have provided to us.
When we collect personal information about you indirectly, we will take reasonable steps to notify you that we have collected your information, unless:
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you have previously been made aware of the collection through the original source;
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notifying you is not reasonably practicable in the circumstances;
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compliance with this requirement would prejudice the purposes of collection; or
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another exception under the Privacy Act 2020 applies.
Where we are required to notify you about indirect collection, we will inform you of:
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the fact that we have collected your personal information;
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the purpose for which we collected it;
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the intended recipients or types of recipients of the information;
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your rights to request access to and correction of the information;
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our contact details; and
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any other information required under the Privacy Act 2020.
Website information
When you visit our website we may record general information about your visit and usage for statistical purposes, such as your IP address and what features you used. Some of this information is collected using cookies. These statistics do not contain any personally identifiable information. Where such statistics do allow us to identify you, they shall be treated as personal information and this Privacy Policy shall apply.
4. Disclosure of personal information
In the course of providing our services, we may need to disclose your personal information to certain third parties, including:
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third party service providers who assist and enable us to use the personal information (for example, our payment providers, email marketing platforms, cloud storage providers, and other software tools we use to deliver our services);
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professional advisors such as accountants and lawyers;
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businesses or contractors you have asked us to engage with on your behalf; and
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to such persons that you may have agreed to provide your personal information to.
When we share your personal information with third party service providers, we take reasonable steps to ensure they handle your information in accordance with privacy requirements.
Overseas disclosure
We may disclose your personal information to overseas third parties only where:
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the jurisdiction of that third party provides similar safeguards to those in the Privacy Act 2020;
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you have authorised the disclosure; or
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we believe on reasonable grounds that the overseas recipient is subject to privacy protections that are comparable to those in New Zealand.
We may disclose your personal information if required to do so by law. We may also disclose information about someone whose activities could cause harm to themselves or others (for example, in cases of fraud or serious threat to health and safety). Where possible and appropriate, we will notify you of this type of disclosure.
5. How we protect your personal information
We understand the importance of protecting the personal information we hold about you. The information you provide us is only made available to third parties as outlined in this Privacy Policy who have agreed to treat that information confidentially.
We take steps to ensure your personal information is free from misuse, interference, loss, unauthorised access or modification by:
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securing personal information both in physical and electronic form;
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limiting access to personal information only to those that need access to it for the purpose of providing you with our services;
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protecting our systems with appropriate technology solutions;
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using secure password-protected systems and encrypted communications where appropriate; and
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regularly reviewing our security practices.
While we cannot ensure or guarantee that loss, misuse or alteration of personal information will not occur, we use our best efforts to prevent this.
7. How long we hold your information for
We will keep your personal information only for as long as necessary to achieve the purpose we collected it for and in all cases for such periods as we are required to in order to comply with any relevant legislation or regulations.
Generally, this means we will retain your information for the duration of our business relationship and for a reasonable period afterwards to maintain records, respond to queries, and comply with legal obligations (typically 7 years for business and financial records).
8. Your rights
Under the Privacy Act 2020, you have the right to:
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know what personal information we hold about you;
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access that information;
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request correction of any inaccurate information;
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request deletion of your information in certain circumstances;
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object to certain uses of your information; and
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lodge a complaint with the Privacy Commissioner if you believe your privacy rights have been breached.
9. Changes to this policy
We reserve the right to modify or amend this Privacy Policy from time to time for any reason. If we make any significant changes, we will provide you with reasonable notice of such changes via email or by posting a notice on our website.
We recommend that you review this Privacy Policy periodically to stay informed about how we are protecting your information.
10. Cookies and online tracking
Our website may use cookies and similar technologies to improve your browsing experience and collect information about how you use our site. You can control cookie settings through your browser preferences. Some features of our website may not function properly if you disable cookies.
11. How to get in touch with us
If you have any questions about this Privacy Policy, wish to access or correct your personal information, or have a privacy concern, you can contact us at:
Email: erica@ericaburke.co.nz
Phone: +64 22 097 4085
Address: Hobson Chambers, Level 11/2 Kitchener Street, CBD, Auckland 1010
If you are not satisfied with our response to your privacy concern, you have the right to contact the Office of the Privacy Commissioner:
Website: www.privacy.org.nz
Phone: 0800 803 909
Email: enquiries@privacy.org.nz