Privacy Policy

 

Claimsplus Lawyers Pty Ltd (ABN 15 672 645 368) and any of its controlled entities (collectively “Claimsplus”,“the Company”, “the Business”, “we”, “us”, “Our”) is committed to protecting the privacy of personal information obtained in fulfilling its duties to the court, its clients, prospective clients and objectives in operating the legal services business. As a trusted legal advisor, employer and incorporated legal practice we take the privacy and security of your personal information very seriously.

Claimsplus provides legal services and only intends to collect personal information within the States and territories of the Commonwealth of Australia.

This Privacy Policy forms part of the overall Claimsplus privacy strategy and must be read in conjunction with Our Collection Statement (below), Terms of Use and Cookie Policy which explains how Claimsplus handles personal information and complies with the Australian Privacy Principles (“APP”) to which it is bound, as set out within the Australian Privacy Act 1988 (Cth) (“Privacy Act”).

This Privacy Policy covers the following areas:

  • Information we manage
  • Why we collect and process information about you
  • External Website Links
  • Storage and Security
  • Usual use or disclosure of information about you
  • Additional uses of information about you
  • Disclosure to overseas recipients from Australia
  • Your rights (Australian privacy principles)
  • Privacy Office Contact details

This Policy applies to all of the directors, officers and employees of Claimsplus. All such personnel are required to comply with this Policy and associated Company policies when dealing with personal information and must also complete data privacy training as per the Company’s requirements from time to time.

Please read this policy carefully and contact us if you have any questions. The contact details of the Privacy Officer are provided below.

1.    Information we manage

We collect, receive, use, disclose and manage the following types of information:

‘Personal data’ or ‘personal information’ which is information or an opinion about an identified natural person or reasonably identifiable natural person, whether true or not and whether it is recorded in a material form or not. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. Examples include an individual’s name, date of birth, signature, address and contact details, occupation, employment history, family situations, bank account details, financial and tax information, IP address. Unless specified otherwise, ‘personal data’ or ‘personal information’ includes Government Related Identifiers (GRI).

‘Sensitive information’ (also referred to as ‘special categories of personal information’) is a sub category of personal information and includes information or opinion about an individual’s racial or ethnic origin, political opinions and affiliations, religious or philosophical beliefs, membership of professional or trade associations or of a trade union, sexual orientation or practices, criminal record, health information including information about physical and mental health, notes on symptoms, diagnosis, disability and treatment, information about suitability for work and other health related information.

‘Government Related Identifiers’ (‘GRI’) are numbers, letters or symbols assigned by a State or Federal authority or agency to identify an individual or verify identity. Examples are Tax File Numbers, Medicare Numbers, Centrelink References, Driver’s License Numbers and Passport details. We only collect, receive, use, disclose or manage GRI in accordance with the law.

The words ‘information about you’ refers to personal and sensitive information (or special categories of information) and GRI managed by us.

2.    Why we collect and process information about you

We collect, receive, use, disclose and otherwise process the kinds of personal information set out above only where it is reasonably necessary for us to do so. The general purposes for processing your personal information, the main consequences (if any) if the information is not provided and the legal basis for such processing are set out below:

Clients and prospective clients

If you are a client or prospective client we collect, receive, use, generate, disclose and otherwise process information about you that is reasonably necessary for the primary purpose of providing legal services.

Legal basis: where we provide legal services to you, we need to process your personal information in order to perform our contractual obligations to you in relation to such services.

If we are required to process special categories of personal information in order to provide legal services to you (for example, your medical records), we will obtain your consent prior to doing so.

Legal basis: consent

We also process information about you for the following related purposes:

  • determining if we are able to assist you with your legal matter;
  • assessing and processing inquiries and requests for legal services;
  • securing litigation and/or disbursement funding;
  • market research and analysis;
  • recovering moneys that you may owe us; and
  • to inform you about any relevant legal or relevant services provided by us.

Legal basis: it is in our legitimate interest to use your personal information for the above related purposes in order to provide legal services and operate the legal services business.

We may also use or process your personal information to comply with legal requirements, such as taxation or financial reporting requirements.

Legal basis: we will process your information where necessary to comply with a legal obligation to which we are subject.

We may monitor and record telephone calls from prospective clients for training and security purposes.

You are not obligated to provide the requested information about you. However, if it is not given, we will be unable to provide the legal services you require.

Applicants for employment

If you apply for employment with us, you may need to provide information to Claimsplus about your education, employment, salary expectations, and other relevant information required to assess your application. Your application will constitute your consent for our use of this information to assess your application and to allow us to carry out any monitoring requirements under law as an employer. In addition, we may also carry out various screening checks (including reference, eligibility to work, police check and skills/experience suitability) and consider you for other positions.

You are not obligated to provide the requested information about you. However, if it is not given, we may not be able to consider your application.

Suppliers and consultants

We may also collect information about our service providers engaged by us to perform services.

Legal basis: it is in our legitimate interests to engage third party service providers to administer and manage our legal services business.

Where you provide us with personal information about someone else, you must have their consent to provide their personal information to us based on this privacy policy.

Website and Cookies

We also collect information about you from our website(s) or social networking service and we use that information and feedback to improve our services and web content.

Legal basis: it is in our legitimate interests to use your personal data which may be collected or generated on our website to improve our services and enhance the user experience on our website.

We also use third parties to analyse web browsing and traffic on our website, which may involve the use of software, such as cookies, to collect information.

Please refer to our website Terms of Use and Cookie Policy which forms part of our overall privacy strategy.

Direct Marketing

We and/or our carefully selected business partners may send you direct marketing communications and information about our legal services. This may take the form of phone, emails, SMS, mail, social media advertising or other forms of communication, in accordance with the Spam Act and the Privacy Act. You may opt out of receiving marketing materials from us by going to https://claimsplus.com.au/unsubscribe or by using the opt-out facilities provided (e.g. an unsubscribe link).

In some circumstances, the processing and verification of opt out requests may take up to 14 business days, resulting in continued communication until the opt out request has been finalised.

3.    External Website Links

Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we are not responsible for the privacy practices of, or any content on, those linked websites, and have no control over or rights in those linked websites. The privacy policies that apply to those other websites may differ substantially from our Privacy Policy, so we encourage individuals to read them before using those websites.

4.    Storage and Security

We may hold your personal information in either electronic or hard copy form. The data may be stored be stored within or outside Australia.  At this time and to the best of our knowledge the data may be stored in either New Zealand, Singapore, the United Kingdom or the United States.

We take reasonable steps to protect your personal information from misuse, interference and loss, as well as unauthorised access, modification or disclosure and we use a number of physical, administrative, personnel and technical measures to protect your personal information. However, we cannot guarantee the security of your personal information.

5.    Usual use or disclosure of information about you

We disclose information about you to the following third parties or entities outside of Claimsplus where it is reasonably necessary for the purposes set out above:

  • courts, tribunals, ombudsmen, commissions and regulatory authorities (information provided to courts and tribunals may be made available to other parties to the litigation and will be on the public record);
  • other parties involved in your claim and their solicitors (for example, superannuation funds);
  • third parties or entities who assist us in providing legal services or who provide services to you, or who provide services to us including recruitment services, data storage, distribution and mailing services, direct marketing, technology support services, and business development services;
  • insurers;
  • litigation and disbursement funders;
  • marketing professionals, market researchers and analysts;
  • any entity or person with your authority.

We have contractual arrangements with Our service providers which require them to protect your personal information in accordance with the Privacy Laws, including that they only use it for the purpose for which it is disclosed.

6.    Additional uses of information about you

We may also use information about you to inform you of products and services that may be of interest to you, such as direct marketing information to inform you of improvements or expansion of services we provide, changes to the law or potential legal claims that you may have. Your name and address may be provided to a mailing house for those purposes. If you do not want us to use information about you in this way, please advise the Privacy Office using their contact details provided below.

We will only process your information in this way if you have provided consent and have not unsubscribed from our email marketing service. In some circumstances, the processing and verification of unsubscribe requests may take up to 14 business days, resulting in continued communication until the unsubscribe request has been finalised.

Legal basis: we will only process your data in this way if you have provided consent and have not unsubscribed from our email marketing service.

We may also use information about you within Claimsplus or provide it to a related entity to help enhance the quality of legal services we offer to other clients or to the wider community.

7.    Disclosure to overseas recipients from Australia

We do not generally transfer personal information from Australia to overseas parties, unless working with international service providers or required by law.

There may be situations where your matter may be funded by an overseas-based litigation funder. We may also engage overseas-based services providers. In those circumstances, we will disclose information about you to entities outside Australia. At this time and to the best of our knowledge the overseas recipients could be in either New Zealand, Singapore, the United Kingdom or the United States.

8.    Your rights (Australian privacy principles)

Access and Corrections of Information about you

You have the right to access and/or request corrections of information about you held by us in accordance with the APP. A request can be made by contacting our Privacy Officer using their details provided below.

Complaints

If you are dissatisfied with how we have managed information about you or if you believe that we have breached the APP, you may make a written complaint to us. Please address your request to our Privacy Officer using their details provided below. We will respond as soon as reasonably possible. 

If your concerns have not been resolved by that time, you may refer the matter to the Office of the Australian Information Commissioner on 1300 363 992 or enquiries@oaic.gov.au.

Obtaining a copy of this Privacy Policy

The Privacy Policy, Collection Statement (below), Terms of Use and Cookie Policy must be read together and form part of the overall Claimsplus privacy strategy.

A copy of this Privacy Policy regarding the management of personal information can be obtained either by downloading the Privacy Policy or requesting it from our Privacy Officer on the contact details provided below.

Destruction, de-identification and putting beyond use

Once we are no longer legally obligated or contractually obliged to retain information about you for any lawful purpose, we will either destroy or de-identify it. If you are a client, we are required by law to retain information collected to progress your legal matter for seven (7) years once your case is closed. In some cases, we may be required to retain documents for a longer period of time.

Where information about you is held electronically and it is not possible to irretrievably destroy or de-identify without compromising other information that we are entitled or obliged at law to retain we will restrict access or put the information about you beyond use.

9.    Privacy Officer contact details

Collection Statement

You agree that Claimsplus Lawyers Pty Ltd (Claimsplus) or affiliated entities may use the personal information it collects from you or about you in the course of providing Legal Services as set out in our Privacy Policy, Terms of Use and Cookie Policy which form part of this Agreement. The Privacy Policy may be viewed above.

Claimsplus may also use the information to maintain ongoing contact with you (including by electronic communication) and to keep you informed of legal developments or service offerings that may be of interest to you or to notify of events that the Firm is holding.

Claimsplus may also use your personal information by any consent you may have given.

We will respect the confidentiality and privacy of the personal information provided or obtained, subject to our legal obligations. Your personal information may be disclosed to other individuals and organisations for the provision of Legal Services in connection with the operation of the Claimsplus business, such as mailing or technology services, but only under strict privacy controls.

There may be situations where Claimsplus consults external and/or overseas-based experts and/or law practices regarding your Claim or the Claim may be funded by an overseas-based litigation funder. Claimsplus may also engage overseas-based service providers.  In those circumstances, Claimsplus may disclose information about you to entities outside Australia, including in New Zealand, Singapore, the United Kingdom or the United States.

If you do not provide the personal information when requested, Claimsplus may be unable to provide you with its full range of services.

Your privacy rights and our privacy obligations survive the Agreement’s completion, expiration or termination.

For non-English speakers, phone interpretation services are available. Call client services on 1800 252 460.

Version: CPL180822PP001

Revision Date: 1 January 2024

Legal