Eagle Corporate Advisers | Certain Disclosures and Privacy Policy

Certain Disclosures and Privacy Policy

General

Eagle Corporate Advisers (ECA, we, us, our) is a legal and advisory firm that provides a full service approach to corporate transactions. We coordinate and integrate domestic and foreign legal services with tax and accounting, investment banking and other professional services on a needs basis.

ECA operates as a single firm, but works from various locations around the world through specific entities, including without limitation the following:

Eagle Corporate Advisers LLP
Eagle Corporate Advisers Pty Ltd (ACN: 137 963 118)
ECA Global Services Pty Ltd (ACN: 141 393 419)

When you provide information to us you will be providing it to ECA as a whole. You should be aware that such information may be accessed from countries whose laws provide various levels of protection for personal data, not always equivalent to the level of protection that may be provided in your own country.

Certain provisions and disclosures set out in this document relate specifically to a particular ECA entity and/or the personnel working there.

Australia:

Eagle Corporate Advisers Pty Ltd and ECA Global Services Pty Ltd are bound by the National Privacy Principles (NPP) contained in the Australian Privacy Act 1988 (Cth).

For further information, please contact the Office of the Privacy Commissioner at www.privacy.gov.au.

Eagle Corporate Advisers Pty Ltd's liability for legal services is limited in accordance with a scheme approved by the Professional Standards Legislation. Legal practitioners employed or that represent our firm are members of that scheme. To that end we make the following disclosure: Liability limited by a scheme approved under Professional Standards Legislation.

United States:

Attorney Advertising. The State of New York, USA has determined that under certain circumstances and for certain recipients, some of the material accessible on our web site may constitute attorney advertising within the meaning of sections 1200.1 and 1200.6-8 of Title 22 of the New York Codes, Rules and Regulatory Attorney Advertising Regulations. Accordingly, we make the following statement: ATTORNEY ADVERTISING: PRIOR RESULTS DO NOT GUARANTEE A SIMILAR OUTCOME.

Disclaimer

The information materials and opinions contained on our web site are for general information purposes only, are not intended to constitute legal or other professional advice, and should not be relied upon or treated as a substitute for specific advice relevant to particular circumstance. ECA accepts no responsibility for any loss which may arise from reliance on information or materials published on our web site. If you wish to find out more about the information in the materials published, please contact us.

Certain parts of our web site link to external internet sites, and other external internet sites may link to this web site. ECA is not responsible for the content of any external internet site.

Proprietary material

All rights in and to all written text, designs, logos, artwork, domain names, service marks, trademarks, trade names and other brand identifiers and any and all other materials used on our web site, and all intellectual property rights in the foregoing, are the sole property of ECA Global Services Pty Ltd, or other ECA entity as applicable. You may make copies of material published on our web site that are of interest to you for your own personal use and you may also provide occasional copies to others for information purposes only provided that you do so free of charge and the copies do not comprise substantial parts of the web site. When you do make copies for yourself or others, the content of the published material and the copyright notices or other indicators of proprietary rights must remain intact, your communication of the content must not be misleading or inaccurate and a copy of this notice must accompany any copies of the materials which you provide to others. You may not create a link to any part of our web site without our prior written consent, which can be requested by contacting us. No other use of the materials published on this web site is permitted without our prior written consent.

Privacy at Eagle Corporate Advisers

This document outlines the obligations we have in managing the personal information we hold about our clients, business associates and potential clients, and their respective employees and representatives, suppliers and their employees, prospective employees, employees and contractors and other people. In short, personal information is information or an opinion relating to an individual which can be used to identify that individual.

Personal information may include (but without limitation): names, addresses, contact details, occupations and other information which assists us in conducting our business, providing and marketing our services and meeting our obligations and commitments.

Collection of Information

Generally, any personal information collected by us will be directly provided by you. This may be through a variety of mediums, including without limitation by letters, telephone contact, emails, personal contact at functions, events, interviews and other meetings, and through the provision of a resume or business card, or entering into an agreement with us.

Where your personal information is provided to us by a third party, for instance from a credit agency or referrer, we will endeavor to ensure the information is accurate.

We may also collect certain personal information from our web site, and use third parties to analyze traffic at the web site. This may involve the use of cookies.

Use of Personal Information

We collect, use and/or disclose personal information we have collected for many purposes, including without limitation, the following:

for the purposes (or related purposes) for which it was provided, including without limitation the provision of services and/or information to you, to complete associated administrative tasks and functions related to the provision of those services, to enter into contracts with you and third parties where required and for other purposes;
in circumstances where you would reasonably expect the use or disclosure of such information;
where you have consented to such use or disclosure; or
where the law authorizes the disclosure, including circumstances relating to the operations of an enforcement body or public health and safety.

Use by Third Parties

Where appropriate, we may provide personal information to our suppliers or external contractors for purposes of enabling them to perform any agreed upon tasks. Where this is the case we will endeavor to ensure that any such third party handles the personal information in accordance with this document and with a level of security that is reasonable. If you have any concerns in this regard, please do not hesitate to contact us.

Sending Personal Information Overseas

As mentioned above, in some situations personal information will be disclosed by us to third parties. Some of these third parties are located overseas in countries such as Australia, the United States of America, the United Kingdom, France, Germany, Switzerland and other countries around the world. We will only send personal information to third parties overseas where:

we reasonably believe that the recipient of the personal information is subject to laws or obligations substantially similar to the NPPs;
you have consented to it being sent;
sending the personal information is necessary for the performance of an agreement or contract between you and us;
sending the personal information is necessary in undertaking pre-contractual or pre-agreement measures;
sending the personal information is necessary for the performance or conclusion of an agreement or contract in your interest, entered into between us and a third party;
sending the information is for your benefit and it is impracticable to obtain your consent, or where it is practicable and you would likely give your consent if requested; or
we have taken reasonable steps to ensure that the information being sent will not be held, used or disclosed by the recipient inconsistently with the NPPs.

Marketing

We may use personal information collected by us for the purpose of providing you with direct marketing material that may be of interest to you. However, you may at any time contact us in writing and request that you be removed from any marketing lists, and we will give effect to your request. Please allow two weeks for your request to be implemented.

Security Policies and Practices

All personal information collected by us will generally be held in computer databases, and in our hard copy files. All computer based information is protected through the use of access passwords on each computer.

Web Site and Internet

Our web site may contain links and/or references to businesses, people, events and web sites not affiliated with ECA. Such external businesses, people, events and web sites may or may not adhere to a privacy policy or be governed by the same privacy laws as we are. In this respect we recommend that you exercise discretion in providing your personal information to any such third parties and request and review a copy of their privacy policies should you be required to provide them with personal information.

Gaining Access to your Personal Information

You may at any time request access to your personal information.

To gain access to your personal information you must:

contact us in writing, addressing your request to our Privacy Officer; and
provide us with as much detail regarding the personal information as possible, including information as to how, when and by whom it was provided.

Subject to the following exceptions, we will provide you with access to your personal information, either by providing you with copies, allowing you to inspect the personal information or providing you with an accurate summary of the personal information held.

Prior to providing any personal information to you, we will require that you provide us with sufficient evidence of your identity.

We will not provide you with access to personal information:

where providing such access would reveal any of our confidential information;
where providing such access would pose a threat to the life or health of a person;
where providing such access would have an unreasonable impact on the privacy of others;
where the request for information is frivolous or vexatious;
where the information relates, directly or indirectly, to existing or anticipated legal proceedings between us and you, and would not be discoverable in those proceedings;
where providing such access would reveal our intentions in relation to negotiations with you in such a way as to prejudice those negotiations;
where providing such access would be unlawful;
where denying access is required or authorised by law; or • where providing such access would likely prejudice operations by or on behalf of an enforcement body or where an enforcement body requests that access not be granted on the grounds of national security.

In the event that we deny you access to your personal information, we will provide you with an explanation of that refusal.

Correction of Personal Information

While we endeavor to ensure the personal information collected and held by us is accurate, complete and up-to-date, it is up to you to ensure that we are provided with updated information. In the event that you become aware or believe that any personal information about you that is held by us is inaccurate or outdated, please contact us and provide us with evidence of the inaccurate information and we will, if we agree that the information requires correcting, take reasonable steps to correct that information.

Complaints Procedure

If you believe your privacy has been breached and wish to complain about a breach, or potential breach of the privacy provisions specified in this document, you should contact us. All complaints should be in writing and directed to our Privacy Officer. We will endeavor to resolve your complaint, but if you are unhappy with the outcome you are entitled, with respect to matters under Australian privacy laws and requirements, to contact the Australian Office of the Privacy Commissioner who may investigate your complaint further.

Amendments to this Policy

We reserve the right to update, amend, vary, add to or delete this Policy in any manner and at any time without notice.

Contact Us

Privacy Officer
Eagle Corporate Advisers Pty Ltd
Level 2, 16-18 Grosvenor Street
Sydney, NSW 2000

tel. +61 (0)2 8705 5475
fax. +61 (0)2 9241 5477