Give Back My Super – Privacy Policy

Privacy Policy

  1. Purpose and Objective

Give Back My Super (collectively “GBMS”, “the Company”, “we”, “us”) is committed to protecting the privacy of your personal information obtained in the course of achieving its strategy and objectives.

This Privacy Policy (the “Policy”) explains how we collect, hold and use personal information and how we comply with the Australian Privacy Principles (“APP”) to which we are bound, as set out within the Australian Privacy Act 1988 (Cth) (“Privacy Act“).

Please read this policy carefully and contact us if you have any questions. Our contact details are included below.

  1. Personal Information

GBMS collects and holds personal information collected from various sources in the ordinary course of its business of managing enquiries in relation to potential claims. This includes collecting and holding personal information pertaining to:

  • individuals who contact us;
  • suppliers and consultants; or
  • employees and applicants for employment.

“Personal Information” is defined in the Privacy Act 1988 (Cth) as information or an opinion about an identified individual, or an individual who is reasonably identifiable whether the information or opinion is true or not; and whether that information or opinion is recorded in a material form or not. Throughout this Policy, references to Personal Information includes Sensitive Information.

The main types of personal information we collect may include:

  • names and contact details including phone numbers, postal and/or residential addresses and email addresses;
  • information that can identify you, including date of birth or residence status; drivers licence number, passport details;
  • any facts or opinions that are connected to an enquiry that we are conducting; and
  • any other personal information that is provided through a website belonging to GBMS or as otherwise requested by us or provided by you.

In some cases, you might need to give us personal information about other people – such as when you have an authorised representative. In those situations, we’re relying on you to tell those people that you’re giving us their details, and to let them know about this Policy. In addition, if you provide us with third party personal information then you warrant to us that you have the third party’s consent to do this.

  1. Sensitive information

Sensitive Information is a subset of personal information that is given a higher level of protection under the Australian Privacy Principles. Sensitive information includes personal information about an individual’s health,  racial or ethnic origin, political opinions, membership of a political association, professional or trade association or trade union, religious beliefs or affiliations, philosophical beliefs, sexual orientation or practices, criminal record, biometric information that is to be used for certain purposes or biometric templates.

  1. Method of collection of Personal Information

In most circumstances, we will collect personal information through completed questionnaires and enquiry forms that have been provided to us, interviews and telephone conversations.

GBMS may also collect personal information about you from other people or organisations, such as referral sources, service providers, agents, advisors, current or former employers or your family members.

We might also collect personal information when you visit our website or use our apps, including things like your location, IP address and your activity on our sites.

Sometimes we collect personal information about you that’s publicly available – for example, from social media or public registers e.g. Australian Securities and Investments Commission, Australian Business Register or the Personal Property Securities Register.

If we receive personal information from third parties, we will protect it as set out in this policy.

  1. Use of Personal Information

GBMS will only use your personal information for the purpose for which you have provided it, or otherwise consistently with the APP and Privacy Act. We will not disclose your personal information to third parties, unless you consent or in other circumstances where such disclosure is required or permitted by law. We collect, hold and use personal information that is reasonably necessary for the purposes of:

  • contacting and communicating with you;
  • assessing whether you qualify as having a claim;
  • assisting you to apply to a disbursement funder and/or litigation funder for a loan to cover the payment of disbursements incidental to the conduct of your matter;
  • conducting the effective management of our business, such as invoicing and account management, internal record keeping and analysis; and
  • other purposes related to our business.

If you do not provide us with the personal information we request, we may not be able to fulfil the applicable purpose of collection, such as to supply products or services to you. If we collect, hold or use personal information in ways other than as stated in this policy, we will ensure we do so pursuant to the requirements of the Privacy Act.

GBMS retains and safely stores personal information that is provided to us on our computer systems and within paper based files as appropriate.

  1. Security of Personal Information

We endeavour to keep all personal information safe by taking all reasonable precautions to protect personal information from misuse, loss, unauthorised access, modification or disclosure.

It is essential that all personal information is kept confidential. We will not disclose personal information to third parties, other than as set out in this Policy or without your consent, unless it becomes necessary to lessen or prevent a serious and imminent threat to life, health or safety or unless we are otherwise compelled by law.

  1. Storage of Personal Information Outside of Australia

We do not generally transfer personal information to overseas parties unless required by law or enforcement activity or unless working with international service providers. There may be times when we store personal information with vendors who have been contracted to provide customer relationship systems and technological solutions. For example, we utilise international cloud computing services for e-mail storage and to store personal information that we collect. Because the security of personal information about you is of a utmost importance to us, we will take reasonable steps to ensure that such service providers comply with the Australian Privacy Principles or are subject to a binding law or scheme that offers substantially similar protection. When you agree to this Policy you acknowledge that we will not be responsible for the overseas third party.

Any such disclosure or transfer of information does not change any of our commitments to safeguard your privacy and the information remains subject to existing confidentiality obligations.

  1. Disclosure of Personal Information

We may disclose personal information:

  • for the purpose of providing information, products, services or marketing to you;
  • for the purpose of assisting you to obtain products or services from third parties in connection with the conduct of your enquiry or claim, including disbursement funders and litigation funders; and
  • to third parties, including solicitors, accountants, advisors, agents, suppliers or sub-contractors, who assist us in investigating claims, conducting market research, including surveys, or in providing information, products, services, or direct mail or digital marketing to you. This may include parties located, or that store data, outside of Australia.

We may also be compelled to disclose personal information by law, for example, under court orders or statutory notices to produce documents under laws relating to social security, taxation, bankruptcy, anti-money laundering, counterterrorism and the management of incorporated entities. Where we disclose your personal information to third parties for these purposes, we will request that the third party follow this Policy in relation to their handling of your personal information.

If there is a change of control of our business or a sale or transfer of business assets, we reserve the right to transfer, to the extent permissible by 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 during the due diligence investigations and on a confidential basis. We would seek to only disclose information in good faith.

  1. Access to Personal Information

Information may be accessed by personnel within GBMS. All personnel within GBMS are bound by confidentiality laws and standards that govern the collection of personal information, including the Australian Privacy Principles.

If you wish to access your personal information, you should make a request in writing to the Privacy Officer. Access may be refused in certain circumstances.

  1. Website, Marketing and Applications Privacy

This Policy also applies to any personal information we collect via our website and applications including mobile applications, in addition to personal information you provide directly – such as where you make a request or complete a registration form.

For statistical purposes we collect information on website activity. We do not use this information to identify individuals but it does provide us with statistics that can be used to analyse and improve our website and services. Occasionally we analyse the traffic through our website, which may involve the use of cookies for marketing and market research more generally. .

Because we want your user experience to be as informative and helpful as possible, websites belonging to GBMS may contain links to other websites of interest. We do not have any control over those third party websites. We are not responsible for or liable for the protection and privacy of any information which you provide whilst visiting such third party websites, and such third party websites are not governed by this policy.

  1. Correction to Personal Information

From time to time, we may take steps to verify information by collecting information from publicly available resources. We will take such steps, if any, as are reasonably necessary in the circumstances to correct any Personal Information we hold about you to ensure it is accurate, up-to-date, complete, relevant and not misleading. If requested, we will ensure the same with regard to Personal Information we have disclosed to third parties. If you believe that information we hold about you is incorrect or out of date, or if you have concerns about how we are handling your personal information, please contact us and we will try to resolve those concerns.

If you wish to have your personal information deleted, please let us know and we will take reasonable steps to delete it (unless we need to keep it for legal or internal risk management reasons, or compliance with our professional obligations).

If you are not satisfied with our handling of your problem or complaint you may make a complaint to the Australian Information Commissioner (www.oaic.gov.au).

  1. Amendments

This Policy may be amended, including with changes, additions and deletions, from time to time in our sole discretion and any such amendments will be notified to you by posting an updated version of the Policy on our website.  This policy was last updated 26 April 2019.

  1. Our Privacy Team Contacts

For privacy related matters please contact our Privacy Officer by email at info@givebackmysuper.com.au.

It’s time the retail super funds started looking after their members.