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immediation
www.immediation.com (‘Website’) is owned, operated and provided by Immediation Pty Ltd (ACN 617 528 088). The Platform contains products and services provided to users and guests by Immediation Platform Pty Ltd (ACN 628 122 609). For the purposes of this policy, Immediation Pty Ltd, and/or Immediation Platform Pty Ltd are collectively referred to as ‘the Company’, ‘we’, ‘us’ and ‘our’.
The Company respects your right to privacy and is committed to safeguarding the privacy of our customers, those who seek and engage in the provision or receipt of our services and those who visit our Platform, including all associated websites, microsites, databases, services, software and back end systems.
‘Personal information’ is information we hold which is identifiable as being about you.
We recognise and value the trust that individuals place in us when providing us with Personal information and we are committed to safeguarding the privacy and security of Personal information we collect from visitors to our Platform and/or the clients to whom we provide legal and other services.
The Company adheres to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth) (‘the Act’). This policy sets out how we collect, use, disclose and treat your Personal information in connection with your use and our operation of our Platform, our services or otherwise when you interact with us.
Please read this policy before submitting any Personal information (whether via one of our websites, by email, in person or over the phone).
By using our Platform or our services, you will be asked to provide Personal information and, by doing so, you are accepting and consenting to the practices described in this policy. Further notices highlighting certain uses we wish to make of your Personal information, together with the ability to opt in or out of selected uses may also be provided to you when we collect Personal information from you.
If you do not agree to this policy, do not follow any prompts to accept this policy and do not access or use our Platform or interact with any other aspect of our business.
If we are not able to collect your Personal information, we may not be able to provide you with access to our Platform or our services or do business with you or the organisation with which you are connected.
If you link to or use other websites, services or software, please review the privacy policies posted at those websites. This policy does not apply to, and we are not responsible for, any third party websites which may be accessible through links from this Website. If you follow a link to any of these third party websites, they will have their own privacy policies and you will need to check these policies before you submit any Personal information to such third party websites.
The Company will, from time to time, receive and store Personal information you enter onto our Platform, provide to us directly, or give to us in other forms. We try only to collect Personal information about you that we need for the operation of the Company and our services, and to market and promote the Company and our services. The kinds of Personal information that we collect and hold about you may depend on the circumstances in which the information is collected. For example, we collect your email and, if you provide it, other contact details when you subscribe to our email lists.
You may provide basic information such as your name, job title, phone number, address and email address to enable us to send information, provide updates and process your request for our services and certain other information that you may wish to complete using the functionality available on our Platform.
We may collect additional information at other times, including but not limited to, when you register on the Platform, when you access and interact on the Platform, when you provide feedback, when you provide information about your personal or business affairs, when you change your content or email preference, when you respond to surveys and/or promotions, when you provide financial or credit card information, or when you communicate with our customer support.
If you wish to apply to be a neutral with the Company then, in addition to your profile information, we may also collect information about your qualifications, experience, your curriculum vitae, your education and employment history, details of professional memberships and other information relevant to joining the Immediation panel of Neutrals (‘Neutrals’).
Additionally, we may also collect any other information you provide while interacting with us. You are not obliged to give us your Personal information. However, if you choose not to provide us with your Personal information we may not be able to provide you with our services or fulfil one or more other purposes for which your Personal information is requested.
If your Personal information is collected by us from a third party, the Company is under no obligation to inform you of the collection, but such information will be subject to this policy and will be accessible by you on request, subject to any limitations or exceptions in the Act.
The Company collects Personal information from you in a variety of ways, including when you interact with us electronically or in person, when you access our Platform, and when we provide our services to you. We may also receive Personal information from third parties. If we do, we will protect it as set out in this policy.
The information we collect may include information such as users’ names (or the names of personnel or customers, as appropriate), mailing addresses, email addresses, telephone and/or facsimile numbers, dates of birth, postal addresses, credit card details, and other transaction or registration details. We may also collect data that can, under certain circumstances, indirectly lead to personally identifiable information. Users who register an account to use the Platform may choose to provide other information or related data in their profiles. We may also collect data from third party sources, for example, where we collect information about you to assist with “know your client” checks as part of our client acceptance procedures.
You are aware of and consent to our use of such Personal information to provide our services through the Platform and to receive payments and to communicate that Personal information to other users with whom you engage through the Platform, as well as to develop and maintain a record of dealing between us and you, your preferences and uses of the Platform, and to manage our relationship.
The Company will generally collect this information by way of voluntary registration over the internet, by phone, facsimile and email, as well as feedback we may receive from our suppliers and contractors. Otherwise, the Company will not collect or monitor any Personal information about you without your consent.
We collect information about you when you register for an account, create or modify your profile and/or set preferences. For example, you provide your contact information when you register online at our Platform. You also have the option of adding a display name, profile photo, job title and other details to your profile information to be displayed in our services or on our Platform. We keep track of your preferences when you select settings within our services.
We also collect content that you upload, send, receive and share when you use our dispute resolution platform and our services. Content also includes the files and links you upload to our Platform.
When you visit the Platform, we may record, for statistical purposes or in order to improve the Platform or our service delivery, the following information:
Where it is lawful and practicable to do so, we will provide you with the option of remaining anonymous where that is appropriate, such as survey requests or service delivery or quality control information we may request.
We may monitor and record calls and other electronic communications that you make to us in certain circumstances. For example, calls to us may be monitored and recorded for training and customer service purposes.
You may wish to provide us with Personal information concerning certain other individuals when you use our Platform or any of our services. For example, you may want to provide us with personal information about a party that you are in a dispute with. If you provide us with information about any other individual, you must obtain that person’s permission to give us the information and inform them of this Policy.
We use social networking services such as Twitter, Facebook and LinkedIn to communicate with the public about the Company and our services. When you communicate with us using these services we may collect your Personal information. The social networking service will also handle your Personal information for its own purposes. These sites have their own privacy policies.
If you provide Personal information to any third party via our Platform (e.g., to another user for the purposes of using any of our services), that information will be collected and managed by those third parties as well as by us. Such third parties may have their own privacy policies that sets out how they collect and use Personal information and you should ensure that you familiarise yourself with any such privacy policies before deciding whether you wish to provide them with your Personal information.
Our services include our customer support, where you may choose to submit information regarding a problem you are experiencing with our Platform or any of our services. You may be asked to provide contact information, a summary of the problem you are experiencing, and any other documentation, screenshots or information that would be helpful in resolving the issue.
Other users of our Platform and services may provide information about you when they submit content through our Platform and services. Similarly, an administrator may provide your contact information when they designate you as a contact such as a billing contact on your organisation’s account. We also receive information about you from our third-party service providers such as advertising and analytics service providers.
The term “sensitive information” refers to personal information about an individual’s racial or ethnic origin, political or philosophical beliefs or affiliations, trade or professional affiliations, sexual preferences or practices or criminal record and health information. We do not collect sensitive information unless it is volunteered by you.
We will only use your Personal information where we are permitted to do so by applicable law.
We may use Personal information collected from you to provide you with information, updates, support and our services. We may also make you aware of new and additional products, services and opportunities available to you. We may use your Personal information to improve our products and services and better understand your needs, as well as to resolve disputes and troubleshoot problems and to enforce the policies of our Platform and exercise our legal rights.
We may contact you by a variety of measures including, but not limited to telephone, email, SMS or mail.
How we use information we’ve collected depends in part on how you use our Platform and any preferences you have communicated to us. Below are the principal legal grounds and purposes for which we use the information we collect about you:
4.1 To provide access to our Platform and our services and personalise your experience
We use information about you to provide our Platform and our services to you, including to process transactions with you, authenticate you when you log in, provide customer support, and operate and maintain our Platform.
Our Website also includes features that personalise your experience and improve your ability to collaborate effectively with other users. For example, we may use your stated job title to return search results we think are relevant to your job function. We also use information about you to connect you with other users seeking subject matter expertise. We may use your email domain to infer your affiliation with a particular organisation or industry to personalise the content and experience you receive on our Platform.
4.2 To answer your enquiries and deliver customer support
We use your Personal information to resolve technical issues you encounter, to respond to your requests for assistance, to manage and resolve complaints and to repair and improve our Platform and any of our services.
4.3 To communicate to you about our Platform and our services
We use your contact information to send transactional communications via email and within our Platform, including reminding you of steps in the dispute resolution process, responding to your comments, questions and requests, providing customer support, and sending you technical notices, updates, security alerts, and administrative messages. We also send you communications as you onboard to our Platform to help you become more proficient in using our Platform and our services. These communications are part of our services and in most cases, you cannot opt out of them. If an opt out is available, you will find that option with the communication itself or in your account settings.
4.4 To market, promote and drive engagement with us and our services that we think might be of interest to you
We will also use your contact information and information about how you use our Platform including the locale indicated by your Internet Protocol (IP) address to send promotional communications that may be of specific interest to you, including by email, mail, telephone or SMS and by displaying our ads on other companies’ websites and applications, as well as on platforms like Facebook, LinkedIn, Twitter and Google. These communications are aimed at driving engagement and maximising what you get out of using our Platform and our services, including information about new features, survey requests and newsletters. We also communicate with you about new service offers, promotions and contests. You can control whether you receive these communications by opting out as described directly below.
You may opt-out of receiving marketing information from us by using the unsubscribe link within each email, updating your email preferences within your account settings menu, or by contacting us to have your contact information removed from our email subscription list or registration database.
4.5 To maintain and improve our Platform and our services
We are always looking for ways to make our Platform smarter, integrated and useful to you. We use collective learnings about how people use our Platform and our services and feedback provided directly to us to conduct market research and analysis, to troubleshoot and identify trends, usage, activity patterns and areas for improvement in our services and our Platform. For this purpose, we also may use your Personal information to carry out internal functions including training, market research and analysis.
We collect and analyse information on an anonymous or non-attributable basis to allow us to gain insights into the behaviour and business practices of companies, law firms and users which may be valuable to companies and the legal industry. Much of this information will help us to provide useful information and advice to companies, law firms and others of behaviours in relation to the procurement and provision of our services.
4.6 To meet our legal and regulatory obligations and protect our legitimate business interests and legal rights
Where required by law or where we believe it is necessary to protect our legal rights, interests and the interests of others, we may use information about you in connection with legal claims, compliance, regulatory, and audit functions, and disclosures in connection with the acquisition, merger or sale of a business.
We also use your information to consider application to join our panel of Neutrals and to manage our relationships with companies, law firms and other users of our Platform.
4.7 To promote safety and security
We use information about you and your use of our Platform and any other of our services to verify accounts and activity, to monitor suspicious or fraudulent activity and to identify violations of this policy.
4.8 To undertake activities for which we have obtained your consent
We use information about you where you have given us consent to do so for a purpose not listed above. For example, we may publish testimonials or featured law firm or client stories to promote our Platform, with your permission.
If you are an individual residing in the EU, we collect and process information about you only where we have legal bases for doing so under applicable EU laws. The legal bases depend on how you use our Platform and the services you use. We collect and use your information only where:
If you have consented to our use of information about you for a specific purpose, you have the right to change your mind at any time, but this will not affect any processing that has already taken place. Where we are using your information because we or a third party (such as your employer) have a legitimate interest to do so, you have the right to object to that use though, in some cases, this may mean no longer using our Platform.
We may disclose your Personal information to any of our employees, officers, insurers, professional advisers, agents, financiers, suppliers or subcontractors and other users of our Platform as permitted by the functionality of our Platform or the settings that we have made available on our Platform, insofar as reasonably necessary for the purposes set out in this policy.
We may also share your Personal information with Neutrals and other third party external advisors or experts engaged in the course of the services we provide to our clients and with their prior consent, such as barristers, legal counsel and technology service providers such as eDiscovery, DocuSign and document review platforms.
Personal information is only supplied to a third party when it is required for the delivery of our services, including but not limited to the population of the required fields of any pages on the Platform or in the course of provision of services through the Platform or any other services we provide (such as updates or other information) or are provided to or by any trusted third party who assists us in conducting our business, or servicing you, and who agrees to keep your Personal information confidential, as well as any other person or entity (the ‘Recipient’) upon the basis that the Recipient may only collect, use or disclose the information for the purpose for which that information was originally collected by us.
We may from time to time need to disclose Personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request.
We may also use your Personal information to protect the copyright, trademarks, legal rights, property or safety of the Company, our customers or third parties.
Information that we collect may from time to time be stored, processed in or transferred between parties located in countries outside of Australia. We will only transfer Personal information to a foreign country for the purpose of providing you with our services and for carrying out any request you make when you use and interact with the Platform (e.g., if we outsource the platform or data storage to a cloud service provider).
If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any Personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser under an agreement to maintain confidentiality. We would seek to only disclose information in good faith and where required by any of the above circumstances.
We will otherwise not transfer your Personal information, or use, sell or disclose your Personal information without your consent, unless:
The Platform and/or other communications we make as part of or incidental to services we provide may contain links to websites which are owned or operated by third parties. You should make your own enquiries as to the privacy policies of these third parties. We are not responsible for information on, or the privacy practices of, such websites. Any links are provided for your convenience or by companies, law firms or other users of our Platform or services for their own purposes, and do not represent our endorsement of any linked third party website. We recommend that you check the privacy policies of such third party websites before providing them with your Personal information.
By providing us with Personal information, you consent to the terms of this policy and the types of disclosure covered by this policy. Where we disclose your Personal information to third parties, we will request that the third party follow this policy regarding handling your Personal information. We will not otherwise disclose any Personal information about you without your consent.
We may disclose Personal information overseas to provide our services and we will generally do so only where we need to disclose such information to third parties as listed above. If you are based in the European Economic Area (EEA), this will mean that your Personal information may be transferred to, accessible from, and/or stored at, a destination outside the EEA in which data protection laws may not be as comprehensive as in the EEA.
Regardless of the location of our processing, we will impose the same data protection safeguards that we deploy inside the EEA and implement appropriate measures to ensure that your Personal information is protected in accordance with applicable data protection laws. Where a third party service provider processes the Personal information of EEA residents on our behalf, we will ensure that appropriate measures are in place to ensure an adequate level of protection for your Personal information, usually by including EU standard contractual clauses in our agreements with such third party service providers.
We are the data controller of your Personal information processed by us under this policy.
Immediation is committed to ensuring that the information you provide to us is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.
The transmission and exchange of information is carried out at your own risk. We cannot guarantee the security of any information that you transmit to us, or receive from us. Although we take measures to safeguard against this, we are committed to ensuring that the information you provide to us is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.
We use data hosting service provider, Amazon Web Services, in Australia to host the information we collect, and we use technical measures to secure the information we collect. While we implement reasonable safeguards designed to protect your information, no security system is impenetrable and due to the inherent nature of the internet and the cloud, we cannot guarantee that data, during transmission through the internet or while stored on our systems, is absolutely safe.
The transmission and exchange of information is carried out at your own risk. We cannot guarantee the security of any information that you transmit to us or receive from us. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that personal information that we collect will not be disclosed in a manner that is inconsistent with this policy.
Alongside our role, please also note that where we have given you (or where you have chosen) a password which enables you to access certain parts of our Platform or online services, you are responsible for keeping this password confidential and for complying with any other security procedures that we notify you of. We ask you not to share a password with anyone.
The Platform may contain links to third party websites. Our privacy policy does not apply to information acquired by third party websites accessed via the Platform. The Company assumes no responsibility or liability for the content and activities of linked websites or any other third-party website. The Company also assumes no responsibility or liability for third parties such as advertisers or other entities who utilise banner ads and links from the Platform. If you click through a banner ad or link and submit your information to an advertiser, you will be subject to the privacy policies of those third-party websites.
We retain the personal information we collect for as long as the information is relevant to our business purposes or the purpose of collection or until you request that we remove the data by contacting us. The Platform may allow users to share their personal information for the purpose of resolving disputes and completing transactions. You agree to only use another user’s personal information for the purpose of using our services. The Company encourages you to respect the privacy of other users. To best maintain the privacy of personal information, the Company will only provide limited information regarding one user to another for the purpose of provision of services to the first user and requested by that user.
If your personal information is used for two purposes, we will retain it until the purpose with the latest period expires; but we will stop using it for the purpose with a shorter period once that period expires. Our retention periods are also based on our business needs and good practice.
You may request details of personal information that we hold about you in accordance with the provisions of the Privacy Act 1988 (Cth). We will try to provide you with your information within 30 days. We’ll need to verify your identity before completing your request. In certain circumstances, we are allowed to deny or limit the access we provide. If so, we will let you know in writing our reasons for refusing your request.
If you have any questions or would like a copy of the personal information which we hold about you or believe that any personal information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us via privacy@immediation.com.
The Company endeavours to ensure, but in no way guarantees, that the personal information it holds is accurate, complete and up-to-date. You will be able to update the personal information we hold about you through the Platform. You should promptly update your personal information if it changes or becomes inaccurate. You can help keep your personal information up to date and secure by maintaining confidentiality of any password, user name, accounts and profiles used on the Platform. In the event that you share your password or other personal information with others, you will be responsible for all actions taken on your account.
Under certain circumstances and in accordance with EU or other applicable data protection laws, you may have the right to require us to:
While it is our policy to respect the rights of individuals, please be aware that your exercise of these rights is subject to certain exemptions to safeguard the public interest (e.g. the prevention or detection of crime), our interests (e.g. the maintenance of legal privilege) and some of these rights may be limited (for example the right to withdraw consent) where we are required or permitted by law to continue processing your personal information to defend our legal rights or meet our legal and regulatory obligations.
We may also refuse access to your personal information in various circumstances, including where:
You may also ask us not to process your personal information for marketing purposes. We will inform you if we intend to disclose your personal information to any third party service provider for this purpose. You can exercise your right to prevent such processing at any time by using an unsubscribe facility or contacting us at privacy@immediation.com.
It is very important to us that we maintain accurate and up-to-date personal information for the proper operation of our Platform and our services and for conducting our business generally. If you believe that your personal information is inaccurate or out-of-date, or irrelevant or misleading, please contact us via privacy@immediation.com and we will take reasonable steps to correct that information.
We will ask you to verify your identity before we give you access to your personal information or correct it. If we refuse to give you access to or correct your personal information, we will notify you and give you reasons why.
If we make a correction and we have disclosed incorrect personal information about you to others, you can ask us to tell them about the correction. We will do so unless there is a valid reason why not to do so.
If we refuse to correct your personal information, you can ask us to associate with it (e.g., attach or link) a statement that you believe the personal information is incorrect and why.
If you are not satisfied with our use of your personal information or our response to any exercise of these rights, you have the right to complain to the relevant supervisory authority (data protection regulator).
For EU users – your rights
If you are an individual residing in the EU, you have the right under the General Data Protection Regulation to request from us access to and rectification or erasure of your personal information, data portability, restriction of processing of your personal information, the right to object to processing of your personal information and the right to lodge a complaint with a supervisory authority.
To request access to or rectification, portability or erasure of your personal information, or to delete your account, please contact our Privacy Officer using the details provided below. If you live in the EU and you wish to exercise your right to restriction of processing or your right to object to processing, contact our Privacy Officer via privacy@immediation.com.
Notification to end users
Where our services are made available to you through an organisation (e.g. your employer), that organisation is the administrator of our services and is responsible for the accounts and/or service sites over which it has control. Where this is the case, please direct your data privacy questions to your administrator, as your use of our services is subject to your organisation’s policies. We are not responsible for the privacy or security practices of your organisation, which may be different to this policy.
Australian laws provide that an eligible data breach arises when the following three criteria are satisfied:
The Company is required to take all reasonable steps to ensure an assessment of an eligible data breach is completed within 30 days. If an eligible data breach is confirmed, as soon as practicable we must provide a statement to each of the individuals whose data was breached or who are at risk, including details of the breach and recommendations of the steps individuals should take. A copy of the statement must also be provided to the Office of the Australian Information Commissioner.
Please be aware that we may change this policy in the future. We may modify this policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on our Platform. Please check back from time to time to review our policy. Where required by applicable law, we will obtain your consent.
When you come to our Platform we may collect certain information such as browser type, operating system, website visited immediately before coming to our site, etc. This information is used in an aggregated manner to analyse how people use our site, so that we can improve our service.
We may from time to time use cookies on our Platform. Cookies are very small files which a website uses to identify you when you come back to the site and to store details about your use of the site. Cookies are not malicious programs that access or damage your computer. Most web browsers automatically accept cookies, but you can choose to reject cookies by changing your browser settings. However, this may prevent you from taking full advantage of our Platform.
For EU users – Consent to use cookies
If you are an individual residing in the European Union (EU) or any other jurisdiction that requires us to obtain your consent to use cookies on our Platform, then you will have an opportunity to manage your consent preference on our Platform, except that certain cookies are required to enable core site functionality, and you cannot opt-out or choose to disable those cookies.
If you do not agree to the use of cookies, please disable them by following the instructions for your browser or use the automated disabling tool where available. However, some of the services will not function so well if cookies are disabled.
Our Website may from time to time use cookies to analyses website traffic and help us provide a better website visitor experience. In addition, cookies may be used to serve relevant ads to website visitors through third party services such as Google AdWords. These ads may appear on this Website or other websites you visit. We are not responsible for, the privacy practices of third party websites which may be linked to or accessible through this Website.
Our site may from time to time have links to other websites not owned or controlled by us. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that the Company is not responsible for the privacy practises of other such websites. We encourage our users to be aware, when they leave our Platform, to read the privacy statements of each and every website that collects personal identifiable information.
If you want to send us notices or service of process, please contact us:
If you have a complaint, please email us at privacy@immediation.com We take complaints very seriously and will respond shortly after receiving written notice of your complaint.
If you have any complaints about our privacy practices, please feel free to send details of your complaint to the Office of the Australian Information Commissioner, GPO Box 5218 Sydney NSW 2001 Phone 1300 363 992 or oaic.gov.au.
