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Privacy Policy

Injury Legal is committed to protecting your privacy and personal information when you deal with us.

Apart from Injury Legal’s important and general obligations as a legal service provider to maintain solicitor-client confidentiality and legal professional privilege, Injury Legal has privacy policies which support and comply with the Commonwealth legislation that deals with how businesses may collect, hold and use personal information about individuals. That legislation is the Privacy Act 1988 (the “Act”) and the Australian Privacy Principles introduced by that Act. Injury Legal, as required by the Act (particularly Part IIIA) and the associated Australian Privacy Principles, has 2 privacy policies. One is Injury Legal’s Australian Privacy Principles Privacy Policy (“APP Privacy Policy”) which is Injury Legal’s general privacy policy in respect of Injury Legal’s general day to day involvement with the public and Injury Legal’s clients. Insofar as Injury Legal may also be a credit provider within the definition of “credit provider” at section 6G of the Act, Injury Legal also has a Credit Reporting Privacy Policy. Insofar as Injury Legal is a credit provider, it is also required to have a Credit Reporting Privacy Policy under Part IIIA of the Privacy Act.

Both the APP Privacy Policy and Credit Reporting Privacy Policy can be viewed by clicking on the links at the bottom of this statement.

In general, Injury Legal:

  • will only collect personal information from you with your prior knowledge and consent. You can access our website and browse the site without disclosing personal information.
  • will only use personal information provided by you for the purposes for which it was collected and Injury Legal will not disclose your personal information to a third party, except insofar as you have consented to or authorised such disclosure and/or such disclose is necessary to facilitate a service you have requested or as required by law.
  • has implemented security technology, rules, measures and policies to protect the personal information under our control against unauthorised access, improper use, alteration, unlawful or accidental destruction and accidental loss.
  • will remove personal information from our systems where it is no longer required (except where archiving or as otherwise required by law).

If you wish to view the personal information you have provided and/or which Injury Legal holds about you, or you wish to comment on or obtain further information about our privacy policies, please contact our privacy officer:

Injury Legal’s Privacy Officer
GPO Box 463
BRISBANE QLD 4001

Reception Ph No: (07) 3001 2900
Email: privacy@injurylegal.co

 

 

Injury Legals’s APP Privacy Policy

Introduction

  1. This APP Privacy Policy of Injury Legal Pty Ltd ACN 132 284 372 and BP Services Pty Ltd ACN 069 893 198 (collectively referred to hereinafter as “Injury Legal”) is Injury Legal’s official privacy policy as required by the Privacy Act 1988 (the “Act”) and the Australian Privacy Principles (the “APPs”) and it applies to all personal information about individuals collected by Injury Legal. In this policy we explain how and why we collect personal information about individuals, how we use it, and what controls individuals have over our use of it.
  1. Injury Legal is committed to complying with Commonwealth legislation (the Act and the APPs) that deals with how businesses may collect, hold and use personal information about individuals and to protecting and safeguarding individual’s privacy when they deal with us. Furthermore, as a legal firm, Injury Legal is bound by legal and professional obligations of solicitor client confidentiality in respect of information provided to us by our clients and the advice we give to clients.

Collection of information

  1. Some information provided to us by clients and other parties might be considered private or personal. However, without such information we would not be able to carry on our business activities and provide our legal services. We will only collect such personal information if it is necessary for one of our functions or activities.
  1. Sensitive information is a subset of personal information and is defined as information or an opinion (which is also personal information) about an individual’s:
      • racial or ethnic origin;
      • political opinions;
      • membership of a political association;
      • religious beliefs or affiliations;
      • philosophical beliefs;
      • membership of a professional or trade association;
      • membership of a trade union;
      • sexual preferences or practices; criminal record; or
      • health information.
  1. As a law firm whose business activities include providing legal services and assistance, including in respect of claims seeking compensation for injury and/or damage suffered by clients, Injury Legal, in the course of providing such legal services, will need to collect sensitive information about individuals.
  2. Prior to the collection of sensitive information about individual clients, Injury Legal will ensure that the individual is adequately informed as to the reason for the collection of the sensitive information and that the individual has the capacity to understand and communicate their consent and that the consent is voluntarily given by the individual (or the individual’s Legal Guardian as the case may be).
  3. The kinds of personal and/or sensitive information that Injury Legal may collect and hold in respect of individuals includes:
      • Names;
      • contact details, such as residential address, postal address, telephone number, facsimile number, mobile telephone number, email address;
      • age;
      • gender;
      • ethnicity;
      • nationality;
      • academic history;
      • employment history;
      • health information including: details of any mental conditions or disabilities; prescribed medications; medical conditions; prescribed therapies; assistance required; medical procedures; etc.
      • Medicare information;
      • financial information, including information about transactions and trading history with Injury Legal;
      • information about credit history;
      • criminal history;
      • emergency contact details for a person not residing with the individual
      • identification information, such as driver’s licence numbers;
      • hobbies or interests or memberships in trade or professional associations;
      • personal and/or sensitive information relevant to any legal matter concerning the individual.
  1. In particular, personal information is collected in the following situations by Injury Legal:
      • if an individual contacts Injury Legal, we may keep a record of that communication or correspondence;
      • from forms filled out by people;
      • in face-to-face meetings/interviews;
      • from business cards provided to us by the individual;
      • telephone conversations and from third parties i.e. a report provided by a medical professional or a reference from another person
      • website visits;
      • when conducting certain types of transactions such as cheque or credit card purchases or refunds;
      • when an individual submits their contact details to be included on our mailing lists;
      • in the course of acting on behalf of clients in providing legal services and in legal proceedings.
  1. At or before the time the personal information about an individual is collected by us, we will take reasonable steps to ensure that the individual is made aware of who we are, the fact that the individual is able to gain access to the information held about the individual, the purpose of the collection, the type(s) of organisations to which we may usually disclose the information collected about the individual, any laws requiring the collection of the information and the main consequences if all or part of the information is not collected.
  1. We usually collect personal information about individuals directly from the individual. However, sometimes we may need to collect personal information about individuals from third parties for the purposes described below in this policy. The circumstances in which we may need to do this include, for example: where personal information is contained in an expert report for the purposes of conducting litigation (such as a medical report for the purposes of litigation); or a reference in respect of a prospective job-seeker; where we take statements from witnesses in a proceeding; or to assist us to locate or communicate with the individual. Generally speaking, collection of personal information about individuals from third parties will occur because it is necessary for us to do so in order to provide proper and appropriate legal services to our clients. In such circumstances where the information Injury Legal may need to collect about an individual client is sensitive information, Injury Legal will only collect such information with the express consent of the individual.

Use of information collected and disclosure of personal information to Others

  1. We may use or disclose personal information held about an individual as permitted by law and for the business purposes for which it is collected (e.g. provision of our legal services, including administration of our services, notifications about changes to our services, record-keeping following termination of our services and technical maintenance) – that is, to carry on our business and provide services to our clients. We may also use such information about individuals for a purpose related to the primary purpose of collection (in the case of sensitive information, the related purpose must be directly related to the primary purpose) and where the individual would reasonably expect that we would use the information in such a way. This information is only disclosed to persons outside our business in the circumstances set out in this policy or as otherwise notified at the time of collection of the information.
  2. Injury Legal’s business purposes for which personal information is collected, used and disclosed may include:
      • to provide legal services to our clients such as giving legal advice and acting in litigation on behalf of our clients;
      • managing our products and services or other relationships and arrangements, including processing receipts, payments and invoices;
      • assessing and monitoring the legal services we provide to our clients;
      • detecting and preventing fraud and other risks to us and our clients;
      • responding to inquiries about the services we offer;
      • understanding our clients’ needs and developing and offering products and services to meet those needs;
      • researching and developing our products and services and maintaining and
      • developing our systems and infrastructure (including undertaking testing);
      • dealing with complaints;
      • meeting legal and regulatory requirements. Various Australian laws may
      • expressly require us to collect/and or disclose personal information about individuals , or we may need to do so in order to be able to comply with other obligations under those laws;
      • enforcing our rights, including undertaking debt collection activities.
  1. In addition we are permitted to use or disclose personal information held about individuals:
      • where the individual has consented to and/or authorised the use or disclosure;
      • where we reasonably believe that the use or disclosure is necessary to lessen or prevent a serious, immediate threat to someone’s health or safety or the public’s health or safety;
      • where we reasonably suspect that unlawful activity has been, is being or may be engaged in and the use or disclosure is a necessary part of our investigation or in reporting the matter to the relevant authorities;
      • where such use or disclosure is required under or authorised by law (for example, to comply with a subpoena, a warrant or other order of a court or legal process);
      • where we reasonably believe that the use or disclosure is necessary for prevention, investigation, prosecution and punishment of crimes or wrongdoings or the preparation for, conduct of, proceedings before any court or tribunal or the implementation of the orders of a court or tribunal by or on behalf of an enforcement body;
      • where a client (being the individual or related to the individual) has requested a service to be provided by us and we are required to disclose the information to a third party in order to facilitate the provision of the service. In most, if not all cases, any such disclosure will be with the consent of the individual.
  1. Third parties to whom we may disclose personal information about individuals in accordance with Injury Legal’s business purposes set out above may include:
      • Other Injury Legal Lawyers/employees for the purposes of providing legal services;
      • Barristers and experts in matters where it is necessary for us as part of our services to the clients to obtain an opinion from a barrister or an expert or to engage a barrister to act in litigation;
      • Injury Legal’s IT service providers;
      • Courts, tribunals and other regulatory bodies in Australia;
      • financial advisors;
      • participants in financial and payment systems, such as other banks, credit providers, and credit card associations;
      • Professional or Trade Associations – if an individual is a member of a professional or trade association, and that association has referred the individual to us for the provision of legal services, we may disclose to such association the fact that we are acting for the individual in a matter in order to obtain any required documentation or information from the association so as to provide our legal services.

Again, most disclosures to third parties will be with the consent and authority of the individual.

 

Anonymity and Pseudonymity

  1. Individuals have the option of dealing with Injury Legal anonymously. However, this only applies where is not impracticable for Injury Legal to deal with individuals acting anonymously or under a pseudonym. For example, individuals making general enquiries of Injury Legal may do so anonymously or under a pseudonym. However, if the dealing with Injury Legal is for Injury Legal to provide legal services and/or to enter into contractual relations then it is impractical for individuals to deal with Injury Legal on an anonymous basis or under a pseudonym. Injury Legal has a policy which requires new clients to provide proof of identity. This policy is to avoid identity fraud and to confirm identity and authority to a person to provide us with instructions, particularly where a client is not an individual.

Direct Marketing

  1. As part of Injury Legal’s functions and business activities and to promote the services we can provide to our clients and other parties, Injury Legal may use personal information that individuals have provided to Injury Legal for the purposes of direct marketing. Direct marketing includes, but is not limited to, sending to our clients and other parties (including individuals) and/or contacting our clients (including individuals) in relation to promotions and information about Injury Legal. Recipients of direct marketing are always able to opt out of receiving direct marketing communications by sending an email to Injury Legal’s Privacy Officer at privacy@injurylegal.co. In any direct marketing communication, we remind recipients of their right to opt out of receiving direct marketing communications.

Links

  1. Our web site may contain links to other web sites and those third-party web sites may collect personal information about individuals. We are not responsible for the privacy practices of other businesses or the content of web sites that are linked to our web site. Injury Legal encourages users to be aware when they leave our site to read the privacy statements of each and every web site irrespective of whether those websites collect personally identifiable information.

Security and storage

  1. Injury Legal places a great importance on the security of all information associated with our clients and others who deal with us. All Injury Legal employees are contractually required to respect the confidentiality of personal information and the privacy of individuals. We have security measures in place to protect against the loss, misuse and alteration of personal information under our control. Injury Legal takes all reasonable steps to protect personal information that is under Injury Legal’s control from misuse, interference, loss and/or unauthorised access, modification or disclosure. All personal information held is kept securely and that which is held electronically is held on secure servers in controlled facilities.
  1. Personal information is de-identified or destroyed securely when no longer required by us and no longer required to be kept by us.
  1. Injury Legal retains information provided to us including individuals’ contact and financial and transactional information to enable us to verify transactions and client details and to retain adequate records for legal and accounting purposes. Such information is held securely, including on secure servers in controlled facilities.
  1. No data transmission over the Internet can be guaranteed to be absolutely secure. As a result, while we strive to protect clients’ and other parties’ personal information, Injury Legal cannot ensure or warrant the security of any information transmitted to it or from our online products or services, and users do so at their own risk. Once Injury Legal receives a transmission, we make every effort to ensure the security of such transmission on our systems.

Access to and correction of personal information

  1. Injury Legal is committed to and takes all reasonable steps in respect of maintaining accurate, timely, relevant, complete and appropriate information about our clients, other parties and web-site users.
  2. Any individual may request access to personal information about them held by Injury Legal. Such a request for access to personal information is to be made to Injury Legal’s Privacy Officer:

   Injury Legal’s Privacy Officer

   GPO Box 463

   BRISBANE QLD 4001

   Reception Ph No: (07) 3001 2999

   Email: privacy@injurylegal.co

 

  1. Please note Injury Legal does require that, as part of any request by an individual for access to personal information, the individual verify their identity so that Injury Legal may be satisfied that the request for access is being made by the individual concerned.
  2. Please note that Injury Legal is not required to give an individual access to personal information in circumstances where:
      • we reasonably believe that giving access would pose a serious threat to the life, health or safety of any individual, or to public health or public safety; or
      • giving access would have an unreasonable impact on the privacy of other individuals; or
      • the request for access is frivolous or vexatious; or
      • the information relates to existing or anticipated legal proceedings between Injury Legal and the individual, and would not be accessible by the process of discovery in those proceedings; or
      • giving access would reveal the intentions of Injury Legal in relation to negotiations with the individual in such a way as to prejudice those negotiations; or
      • giving access would be unlawful; or
      • denying access is required or authorised by or under an Australian law or a court/ tribunal order; or both of the following apply:
        • Injury Legal has reason to suspect that unlawful activity, or misconduct of a serious nature, that relates to Injury Legal’s functions or activities has been, is being or may be engaged in;
        • giving access would be likely to prejudice the taking of appropriate action in relation to the matter; or
      • giving access would be likely to prejudice one or more enforcement related activities conducted by, or on behalf of, an enforcement body; or
      • giving access would reveal evaluative information generated within Injury Legal in connection with a commercially sensitive decision-making process.
  1. Inaccurate information will be corrected by Injury Legal on receiving advice to this effect. To ensure confidentiality, details of an individual’s personal information will only be passed on to the individual if we are satisfied that the information relates to the individual. From time to time, and having regard to the purpose of the collection and use of personal information about individuals, we may contact individuals to seek confirmation that the personal information provided to us by the individual is accurate, up-to-date and complete.
  1. If we refuse to provide an individual with access to or correct the personal information held by us about the individual, then we will provide reasons for such refusal. Such reasons will set out the grounds for refusal, the mechanisms available to complain about the refusal and any other matters that are required by the Act.
  1. Injury Legal will respond to any requests for access or correction within a reasonable time of receipt of the request, but by no later than 30 days of the request being received.

Complaints

  1. If an individual has a complaint about our APP Privacy Policy or Injury Legal’s collection, use or safe disposal or destruction of personal information about the individual, any complaint should be directed in the first instance to Injury Legal’s Privacy Officer at the contact details set out at clause 23 of this policy.
  1. We will investigate any complaint within 30 calendar days and attempt to resolve any breach that might have occurred in relation to the collection, use or destruction of personal information held by us about the complainant in accordance with the Act and the APPs. If a complainant is not satisfied with the outcome of this procedure then the complainant may contact the Office of the Australian Information Commissioner (“OAIC”). The web site of the OAIC is oaic.gov.au.

Transfer of information overseas

  1. Injury Legal will generally be unlikely to disclose personal information about individuals to overseas recipients. Personal information will only be disclosed by Injury Legal to overseas recipients in accordance with Australian Privacy Principle 8, such as in circumstances where the individual consents to the disclosure of the information to an overseas recipient or if the disclosure is required by Australian law.

Cookies

  1. When a user visits our website, our internet service provider may record:
      • the user’s internet address;
      • the user’s domain name;
      • the user’s internet service provider;
      • the date and time of the visit to the website;
      • length of session;
      • pages accessed;
      • website which referred the user to our website;
      • type and version of the browser the user is using;
      • the operating system which the user’s computer uses.

Individuals cannot be identified from this information and such information is only

used for statistical and website development purposes to assist us in providing an

effective service on our web sites.

 

Changes to APP Privacy Policy

  1. If Injury Legal decides to or is required to change its APP Privacy Policy, we will notify of such amendments on our web site and post changes on this APP Privacy Policy page so that users are always aware of what information is collected by us, how it is used and the way in which information may be disclosed. As a result, please refer back to this APP Privacy Policy regularly to review any amendments.

Contacting us

  1. For further information regarding our APP Privacy Policy, please contact us at the following address:

E-mail: privacy@injurylegal.co

 

  1. For more information on privacy legislation or the APPs please visit the website of the Office of the Australian Information Commissioner at oaic.gov.au.

Injury Legal Credit Reporting Privacy Policy

Introduction

  1. This Credit Reporting Privacy Policy is the official credit reporting policy of Injury Legal Pty Ltd ACN 132 284 372 and BP Services Pty Ltd ACN 069 893 198 (collectively referred to hereinafter as “Injury Legal”) as required by the Privacy Act 1988 (the “Act”) and particularly Part IIIA of that Act and the Credit Reporting Code (the “CR Code”) and it applies to all credit information and credit eligibility information about individuals (“credit information”) collected, held and used by Injury Legal in its activities as a credit provider insofar as Injury Legal may be a credit In this policy we explain how and why we collect credit information about individuals, how we use such information, and what controls individuals have over our collection and use of information about them. This policy may be relevant to individuals who are current and former clients, as well as other individuals that Injury Legal deals with in connection with credit we provide to clients.

  2. Injury Legal is committed to complying with Commonwealth legislation and regulations (the Act and the CR Code) governing privacy of credit information about individuals by credit providers and to protecting and safeguarding the privacy of individuals when they deal with us.

 

Collection of information and types of information collected

  1. Injury Legal collects, holds and uses various types of credit-related information about individuals, which information may include:
      • Names;
      • contact details, such as residential address, postal address, telephone number, facsimile number, mobile telephone number, email address;
      • age;
      • gender;
      • financial information, including information about transactions and trading history with Injury Legal;
      • information about credit history;
      • identification information, such as driver’s licence numbers;
      • whether an individual has entered into arrangements with Injury Legal or other credit providers in connection with credit provided to the individual (or an entity associated with the individual);
      • court proceedings information, personal insolvency information and credit- related publicly available information;
      • certain administrative information relating to credit, such as account numbers.

While the Act uses a variety of terms to refer to such information as described above, for ease of understanding and reading this policy, such information is referred to hereinafter as “credit information”.

  1. Credit information may be collected by Injury Legal in a number of ways including:
      • being provided by an individual directly to Injury Legal or by persons acting on behalf of the individual (such as on applications or other forms);
      • being provided by other parties with the consent of the individual;
      • being information that is in the public domain;
      • being information that is derived by Injury Legal from an individual’s transactional history on any file or files (of the individual or of an entity associated with the individual) held with Injury Legal.

 

How credit information is held

  1. At or before the time any credit information is collected by Injury Legal about an individual, we will take reasonable steps to ensure that the individual is made aware of who we are, the fact that the individual is able to gain access to the information held about the individual, the purpose of the collection, the type(s) of entities to which we usually disclose such information collected about the individuals, any laws requiring the collection of the information and the main consequences for the individual if all or part of the information is not collected.

  2. Injury Legal may hold credit information about an individual in physical form or in electronic form on our systems or the systems of Injury Legal’s IT service providers. The credit information Injury Legal holds about individuals is protected by physical, electronic, and procedural safeguards and Injury Legal also require its service providers that hold and process such information on Injury Legal’s behalf to follow appropriate standards of security and confidentiality. Any credit information we collect from an individual or about an individual is kept securely and held on secure servers in controlled facilities.

  3. Injury Legal trains its staff and others who work for it on how to handle credit information appropriately and Injury Legal restricts access to what is necessary for specific job functions.


Use of information collected and disclosure of personal information to others

  1. Injury Legal may, as permitted by law, collect, hold, use or disclose credit information held about an individual for the purposes for which such information is collected. These purposes include:
      • to form decisions as to whether to provide an individual, or an entity associated with an individual with legal services and/or credit associated with such legal services;
      • to make assessments relating to an individual’s credit worthiness which are used in Injury Legal’s ongoing decision-making processes regarding provision of credit and the amount of such credit and Injury Legal continuing to provide legal services;
      • to charge for Injury Legal’s services and to receive monies charged;
      • to undertake debt recovery and enforcement activities;
      • to deal with complaints and meet legal and regulatory requirements.
  1. Generally, Injury Legal will only be permitted to use or disclose credit information held about an individual where the individual has consented to the use or disclosure.

  2. Injury Legal does not obtain credit information about individuals from credit reporting bodies (CRBs) and nor does Injury Legal disclose credit information about individuals to CRBs. Injury Legal does disclose and obtain credit information about individuals with and from other parties with the consent of the individual.

 

Direct Marketing

  1. As part of Injury Legal’s functions and business activities and to promote the services we can provide to our clients and other parties, Injury Legal may use personal information that individuals have provided to Injury Legal for the purposes of direct marketing. Direct marketing includes, but is not limited to, sending to our clients and other parties (including individuals) and/or contacting our clients (including individuals) in relation to promotions and information about Injury Legal. Recipients of direct marketing are always able to opt out of receiving direct marketing communications by sending an email to Injury Legal’s Privacy Officer at privacy@injurylegal.co. In any direct marketing communication we remind recipients of their right to opt out of receiving direct marketing communications.

 

Anonymity and Pseudonymity

  1. Individuals have the option of dealing with Injury Legal   However, this only applies where is not impracticable for Injury Legal to deal with individuals acting anonymously or under a pseudonym. For example, individuals making general enquiries of Injury Legal may do so anonymously or under a pseudonym. However, if the dealing with Injury Legal is for Injury Legal to provide legal services and/or to enter into contractual relations then it is impractical for individuals to deal with Injury Legal on an anonymous basis or under a pseudonym. Injury Legal has a policy which requires new clients to provide proof of identity. This policy is to avoid identity fraud and to confirm identity and authority by a person to provide us with instructions, particularly where a client is not an individual.

 

Links

  1. Our web site may contain links to other web sites and those third party web sites may collect personal information about individuals. We are not responsible for the privacy practices of other businesses or the content of web sites that are linked to our web site. Injury Legal encourages users to be aware when they leave our site to read the privacy statements of each and every web site irrespective of whether these web sites collect personally identifiable information.

 

Security and storage

  1. Injury Legal places a great importance on the security of all information associated with clients, potential clients and contractors. We have security measures in place to protect against the loss, misuse and alteration of personal information (including credit information) under our control. Injury Legal takes all reasonable steps to protect individuals’ personal information that is under Injury Legal’s control from misuse, interference, loss and/or unauthorised access, modification or disclosure. All personal information (including credit information) held is kept securely and that held electronically is held on secure servers in controlled facilities.

  2. Personal information (including credit information) is de-identified or destroyed securely when no longer required by us and no longer required to be kept by us.

  3. Injury Legal retains information provided to us including individuals’ contact and financial and transactional information to enable us to verify transactions and client details and to retain adequate records for legal and accounting purposes. Such information is held securely, including on secure servers in controlled facilities.

  4. No data transmission over the Internet can be guaranteed to be absolutely secure. As a result, while we strive to protect clients’ and other parties’ personal information (including credit information), Injury Legal cannot ensure or warrant the security of any information transmitted to it or from its online products or services, and users do so at their own risk. Once Injury Legal receives a transmission, we make every effort to ensure the security of such transmission on our systems.

 

Access to and correction of personal information

  1. Injury Legal is committed to and takes all reasonable steps in respect of maintaining accurate, timely, relevant, complete and appropriate information about our clients, web site users and other people that we deal with in our business.

  2. Any individual may request access to personal information (including credit information) about them held by Injury Legal. Such a request for access to personal information is to be made to Injury Legal’s Privacy Officer:

Injury Legal’s Privacy Officer GPO Box 463
BRISBANE QLD 4001
Reception Ph No: (07) 3001 2999 Email: privacy@injurylegal.co

 

  1. Please note Injury Legal does require that, as part of any request by an individual for access to personal information (including credit information), the individual verify their identity so that Injury Legal may be satisfied that the request for access is being made by the individual concerned.

  2. Please note that Injury Legal is not required to give an individual access personal information (including credit information) about them in circumstances where:
      • giving access would be unlawful; or
      • denying access is required or authorised by or under an Australian law or a court/ tribunal order; or
      • giving access would be likely to prejudice one or more enforcement related activities conducted by, or on behalf of, an enforcement
  1. Inaccurate information will be corrected by Injury Legal on receiving advice to this effect. To ensure confidentiality, details of an individual’s personal information (including credit information) will only be passed on to the individual if we are satisfied that the information relates to the individual. From time to time, and having regard to the purpose of the collection and use of personal information (including credit information) about individuals, we may contact individuals to seek confirmation that the personal information provided to us by the individual is accurate, up-to-date and complete.

  2. If we refuse to provide an individual with access to their personal information (including credit information) or to correct the personal information (including credit information) held by us about them, then we will provide reasons for such refusal. Such reasons will set out the grounds for refusal, the mechanisms available to complain about the refusal and any other matters that are required by the Act.

  3. Injury Legal will respond to any requests for access or correction within a reasonable time of receipt of the request, but by no later than 30 days of the request being received.

 

Complaints

  1. If an individual has a complaint that Injury Legal has not complied with its obligations under the Act then any such complaint should be directed in the first instance to Injury Legal’s Privacy Officer at the contact details set out at clause 19 of this policy.

  2. Upon receiving a complaint we will, within 7 days, give the complainant written notice acknowledging receipt of the complaint and setting out the process of how we will deal with it. Unless a longer time is agreed by the complainant, we will investigate the complaint and make a decision within 30 days of receipt of the complaint and communicate the decision to the complainant. We aim to resolve all complaints within 30 days of receipt. If we cannot resolve a complaint within 30 days we will notify the complainant of the reasons and specify a date when we expect a decision or resolution will be made and seek the complainant’s agreement to extend the 30 period – if the complainant does not agree then we may not be able to resolve the complaint.

  3. It may be necessary (and it may be required by the Privacy Act), in order to deal with a complaint, to consult with third parties. Further, if, while a complaint remains unresolved, we are disclosing information subject to the complaint to a third party, we may be required to advise the third party about the complaint. However, given that any disclosures of personal information about an individual to other parties will generally be with the consent and/or authority of the individual, such a situation is difficult to envisage.

  4. If we find a complaint is justified we will resolve it and do what is required to rectify any breach. Injury Legal is committed to fulfilling its obligations as an APP entity and a credit provider under the Privacy Act.

  5. If a complainant is not satisfied with the outcome of Injury Legal’s internal complaints procedure in respect of Injury Legal privacy practices then the complainant may refer their complaint to the Office of the Australian Information Commissioner (“OAIC”). The website for the OAIC is: oaic.gov.au.


Transfer of information overseas

  1. Injury Legal will generally be unlikely to disclose personal information about individuals to overseas recipients. Personal information will only be disclosed by Injury Legal to overseas recipients in accordance with Australian Privacy Principle 8, such as in circumstances where the individual consents to the disclosure of the information to an overseas recipient or if the disclosure is required by Australian law.


Changes to Privacy Policy

  1. If Injury Legal decides to or is required to change this Credit Reporting Privacy Policy, we will notify of such amendments on our web site and post changes on our privacy policy page so that users may be aware of any such changes and how they may affect them. As such, please remember to refer back to Injury Legal’s privacy policy page regularly to check whether there are any amendments.


Contacting us

  1. For further information regarding our privacy policies, please contact us at the following address:

Email: privacy@injurylegal.co

  1. For more information on privacy legislation and the CR Code please visit the website of the Office of the Australian Information Commissioner at oaic.gov.au.

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