Privacy Policy
Last Updated 12 December 2024
We are bound by the Privacy Act 1988 (Cth) and the Australian Privacy Principles contained within that Act.
Interpretation and Definitions
Interpretation
The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of this Privacy Policy:
- Company or Make a Claim (referred to as either “the Company”, “Make a Claim”, “We”, “Us” or “Our” in this Policy) refers to Make a Claim Pty Ltd.
- Cookies means small files that are placed on Your computer, mobile device or any other device by a website, containing the details of your browsing history on that website among its many uses.
- Device means any device that accesses or uses the website and/or services of the Company, and/or any device used by any other legal entity on behalf of which such individual is accessing or using the website or services, as applicable.
- You means the individual accessing or using the website, services of the company, or other legal entity on behalf of which such individual is accessing or using the website or services, as applicable.
Collecting and Using Your Personal Data
We collect personal information about:
- visitors to our website, our customers, potential customers and their personnel;
- other individuals in the course of providing services via our platform;
- our suppliers and their employees;
- our employees, partners, contractors, former employees, former partners, former contractors or prospective employees, contractors or partners; and
- other people who meet a member of Make a Claim.
We will collect personal information from customers and prospective customers when you visit our website and in the course of providing our services.
Your personal information will only be used for the purposes for which it is collected or in accordance with the Privacy Act 1988 (Cth). For instance, we may use your personal information to provide marketing services to candidate legal practitioners and legal firms and make recommendations for third party services that consider your personal circumstances.
If you do not provide us with the other personal information that we request, we may not be able to provide you with recommendations for third party services and you acknowledge and agree that any recommendations we do provide to you may be, without limitation, limited, incomplete, inaccurate or unsuitable.
We may also collect and process non-personal information provided to us by your browser when you visit our websites and/or use our applications, for example, the website you came from, your location information, IP address, web browser and/or device type and the time and date of access.
Types of Data Collected
‘Personal data’ or ‘personal information’, as defined in the Privacy Act, means information or an opinion about an identified individual or an individual who is reasonably identifiable, whether true or not and whether it is recorded in a material form or not. An identifiable individual is a natural person who can be identified, directly or indirectly, 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. This may include, without limitation, an individual’s name, date of birth, gender, proof of identification information (e.g. driver’s licence, passport details), 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.
‘Sensitive information’ includes information or opinion about an individual’s racial or ethnic origin, political opinions and memberships, 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, genetic and biometric information.
‘Government Related Identifiers’ (‘GRI’) are numbers, letters, symbols or a combination of all three assigned by a State, Territory or Commonwealth authority, agency or contracted service provider to identify an individual or verify identity. GRI may include Tax File Numbers, Medicare Numbers, Centrelink References, Driver’s License Numbers and Passport details.
‘Usage Data’ refers to data collected automatically, either generated using our website or from the website infrastructure itself (for example, the duration of a page visit). It may include information such as your device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our website that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data. When you access our website by or through a mobile device, we may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data.
How We Collect and Hold Your Data
We will generally collect personal information:
- From you directly when you provide your details to us, which may also include sensitive information. We collect personal information you provide us, including when you:-
- Create a customer account on our website or through applications (including mobile);
- Use and/or interact with our website or call centre;
- Use and/or interact with our social media platforms;
- Subscribe to electronic communications;
- Provide feedback or make a request;
- Download software and/or mobile applications, where you may provide personal details such as your name, contact details and other information for the purposes of accessing the service; and/or
- Engage in market research and/or surveys
- From you indirectly through emails, forms, meetings (including electronic meetings), interviews, registration and/or attendance at webinars, seminars, business cards, online queries and telephone conversations, and through use of services (including the Services) available through our websites applications and social media channels (including our blogs and LinkedIn channels);
- Third Parties:-
- From legal firms and/or legal practitioners that provide legal services to you, including but not limited to tax invoices for those services, costs disclosures and costs agreements, and any other documents and information as reasonably required by Us to ascertain the fees paid by You to the legal practitioners engaged by You for legal services and/or other services. This may include where:-
- We receive information from our participating legal practitioners and/or legal firms (for instance, after you have engaged a legal practitioner or legal firm in relation to your claim through our Services).
- Where reasonably possible, we require organisations and legal practitioners engaged by you to comply with this Privacy Policy and applicable privacy laws and regulations;
- From statutory authorities or government departments;
- From regulatory authorities;
- From credit providers and/or financial institutions;
- From other third parties in some instances, for example, we may use third parties to analyse traffic at our website, our blogs and social media channels, which may involve the use of cookies. You can control your browser settings to limit the collection of cookies by us; however, if you choose to disable cookies, you may not be able to use certain features of our websites.
- From legal firms and/or legal practitioners that provide legal services to you, including but not limited to tax invoices for those services, costs disclosures and costs agreements, and any other documents and information as reasonably required by Us to ascertain the fees paid by You to the legal practitioners engaged by You for legal services and/or other services. This may include where:-
- Automatically through Cookies and/or similar technology, which may automatically collect information including your IP address, the device you use to access our website or platforms, your location, and data about your activity and/or interactions with our website and platforms.
In some circumstances we may also collect information that is usually non-personally identifiable (such as location data, online identifiers, and/or data about personal attributes) but that, taken together with other data we collect, may directly or indirectly identify you.
We may utilize third party AI services in our communications with you. You consent to the recording and transcription by third-party AI services of our meetings with you to be provided to candidate legal practitioners and/or legal firms in our network whose services we may market to you.
Protecting Your Data
We will take reasonable steps to protect the security of your data. Our personnel are required to respect the confidentiality of personal information and the privacy of individuals. We take reasonable steps to protect personal information held from misuse and loss and from unauthorised access, modification or disclosure, for example by use of physical security and restricted access to electronic records.
Personal information is destroyed or de-identified when no longer needed or when we are no longer required by law to retain it, whichever is the later.
Your information, including personal data, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.
The Company will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy.
This includes:-
- Using computer and network security systems with appropriate firewalls, encryption technology and passwords;
- Securely destroying or de-identifying personal information which we no longer require (subject to any legal requirements to keep information for any relevant prescribed periods);
- Using appropriate information technology, systems and processes.
The Company will take reasonable precautions to ensure that no transfer of your personal data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.
If the Company is involved in a merger, acquisition or asset sale, your personal data may be transferred. We will provide notice before your personal data is transferred and becomes subject to a different Privacy Policy
Whilst we will use all reasonable endeavours to protect your personal information, you acknowledge and agree that the information provided to us via our website and/or on any technological platform cannot be 100% secure, error and/or interruption-free, and that your use of our Website and platforms is at your own risk.
Usage and Disclosure of Data
In general, we may collect, hold, use and disclose your personal information for the primary purposes for which it was collected, including:
- to conduct our business;
- to provide and market our services;
- to communicate with you to provide or promote our services;
- to purchase goods or services;
- to help us manage, develop, improve and/or enhance our services, including our websites and applications;
- to collect information about users’ interaction with our website (including but not limited to number of website visitors and/or how visitors interact with our website).
- to consider the suitability of prospective legal practitioner and/or legal firms and/or other third party firms engaged by you through our platform;
- to assess the amount of marketing fees payable to the Company by any legal practitioner and/or legal firm and/or third party engaged by you through our platform and/or other third party firms engaged by you through our platform;
- to reconcile transactions with legal practitioners and/or third party firms engaged by you through our platform to monitor and market the services provided to you by third parties;
- to deal with enquiries and complaints;
- to comply with our legal obligations; and
- to administer, maintain, support, and provide upgrades to, our services and applications.
We may also use and/or disclose your personal information for other purposes which you consent to or which are required or permitted by law. This may include for a secondary purpose that is related to a purpose for which we collected it, and for which you would reasonably expect us to use or disclose your personal information.
We may also disclose your information if, in our reasonable opinion, we are legally bound to disclose such information and/or such disclosure is necessary to prevent harm to the Company, other users or third parties. In such circumstances, we will notify you of any such disclosures.
We may disclose your personal information (including, in certain limited circumstances, your sensitive information) for the purposes for which it was collected (as described above) to:
- courts, tribunals, ombudsmen, commissions and government and regulatory authorities pursuant to applicable law;
- third parties or entities who assist us in maintaining our platform or who provide services to you, or who provide services to us including AI transcription and summary services, data storage, distribution and mailing services, direct marketing, technology support services, appointment and calendar services, and business development services;
- litigation and disbursement funders;
- candidate law firms and/or legal practitioners;
- social media channels on which we have a presence; and
- where we are required or authorised to do so by law.
We do not disclose your information to overseas third-parties unless you ask us to deal with parties located overseas. If your matter involves parties overseas, we may disclose select personal information to overseas recipients associated with that matter to carry out your instructions.
If you provide us with information about another person, you must have that person’s consent before you provide that information to us.
Website Tracking Technologies and Cookies
We use Cookies and similar tracking technologies to track the activity on website and store certain information. The tracking technologies we use may include beacons, tags, and scripts to collect and track information and to improve and analyse Our marketing service. The technologies We use may include:
- Cookies or Browser Cookies. You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, this may affect the functionality of the website and/or you may not be able to use some parts of our service.
- Web Beacons. Certain sections of our service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).
Children’s Privacy
Our website does not address anyone under the age of 18 We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your child has provided us with personal data, please contact us. If we become aware that we have collected personal data from anyone under the age of 18 without verification of parental consent, we take steps to remove that information from our servers.
If we need to rely on consent as a legal basis for processing your information and your country requires consent from a parent, we may require your parent’s consent before we collect and use that information.
Links to Other Websites
We may provide links to other websites operated by third parties. We make no representations or warranties in relation to the privacy practices of any third-party website, and we are not responsible for the privacy policies or the content of any third-party website. If you visit these websites, they will be governed by their own terms of use (including privacy policies).
Accessing and Correcting Your Data
Subject to the exceptions set out in the Privacy Act, you may seek access to and correction of the personal information which we hold about you by contacting us:
- By email: [email protected]
- By visiting this page on our website: https://makeaclaim.com.au/contact-us
In certain instances (e.g. if required or permitted by law), we can deny access to some or all of the personal information we hold. We will provide reasons to you in writing if we refuse access to such information.
We will require you to verify your identity and to specify what information you require.
We may charge you a fee for access to your personal information. If a fee is charged for providing access, you will be advised of the likely cost in advance.
Privacy Complaints
Changes to this Privacy Policy
We may update Our Privacy Policy from time to time. Changes will take effect immediately upon their posting on our application and/or website. You are advised to review this Privacy Policy periodically for any changes.
We will let you know via email and/or a prominent notice on our website, prior to the change becoming effective and update the “Last updated” date at the top of this Privacy Policy.