Privacy Policy

SECTION A – INTRODUCTION

1. INTRODUCTION

1.1 As part of ClaimsCo Pty Ltd (“ClaimsCo”) trading as CommClaims (herein referred to as CommClaims) process to ensure that it continues to maintain the highest levels of professional integrity and ethical conduct, CommClaims has adopted this Privacy Policy (“Policy”) to manage personal information in an open and transparent manner.

1.2 The provisions of this Policy assist CommClaims in complying with the requirements of the Privacy Act 1988 (Cth) (“Privacy Act”) and the Australian Privacy Principles (APP) in protecting the personal information CommClaims holds about its clients.

2. WHEN DOES THIS POLICY APPLY?

2.1 This Policy applies to all representatives and employees of CommClaims at all times and the requirements remain in force on an ongoing basis.

3. GLOSSARY

3.1 APP entity an agency or organisation as defined in section 6 of the Privacy Act.

3.2 Australian law

(a) an Act of the Commonwealth or of a State or Territory; or

(b) regulations, or any other instrument, made under such an Act; or

(d) a rule of common law or equity.

3.3 Collects

CommClaims collects personal information only if CommClaims collects the personal information for inclusion in a record or generally available publication.

3.4 Court/tribunal order

an order, direction or other instrument made by:

(a) a court; or

(b) a tribunal; or

(d) a magistrate (including a magistrate acting in a personal capacity) or a person acting as a magistrate; or

(e) a member or an officer of a tribunal;

and includes an order, direction or other instrument that is of an interim or interlocutory nature.

3.5 De-identified

personal information is de-identified if the information is no longer about an identifiable individual or an individual who is reasonably identifiable.

3.6 Eligible Data Breach

an eligible data breach occurs:

(a) when there has been unauthorised access or unauthorised disclosure of personal information, or a loss of personal information, that CommClaims holds; and

(b) the unauthorised access or unauthorised disclosure is likely to result in serious harm to one or more clients; and

3.7 Holds

CommClaims holds personal information if it has possession or control of a record that contains the personal information.

3.8 Identifier of an individual

a number, letter or symbol, or a combination of any or all of those things, that is used to identify the individual or to verify the identity of the individual, but does not include:

(a) the individual’s name; or

(b) the individual’s ABN (within the meaning of the A New Tax System (Australian Business Number) Act 1999); or

3.9 Permitted general situation

as defined in s16A of the Privacy Act

3.10 Permitted health situation

as defined in s16B of the Privacy Act

3.11 Personal information means

information or an opinion about an identified individual, or an individual who is reasonably identifiable:

(a) whether the information or opinion is true or not; and

(b) whether the information or opinion is recorded in a material form or not

3.12 Sensitive information

(a) information or an opinion about an individual’s:

(i) racial or ethnic origin; or

(ii) political opinions; or

(iii) membership of a political association; or

(iv) religious beliefs or affiliations; or

(v) philosophical beliefs; or

(vi) membership of a professional or trade association; or

(vii) membership of a trade union; or

(viii) sexual orientation or practices; or

(ix) criminal record;

that is also personal information; or

(b) health information about an individual; or

(d) biometric information that is to be used for the purpose of automated biometric verification or biometric identification; or

(e) biometric templates.

SECTION B – CONSIDERATION OF PERSONAL INFORMATION PRIVACY

4. PRIVACY STATEMENT

4.1 CommClaims ensures that at all times the provisions of this policy are implemented in the day to day running of CommClaims.

4.2 CommClaims ensures that at all times this Policy:

(a) is current and reflects the latest applicable Australian laws; and

(b) contains the following information:

1. the kinds of personal information that CommClaims collects and holds;

2. how CommClaims collects and holds personal information;

3. the purposes for which CommClaims collects, holds, uses and discloses personal information;

4. how an individual may complain about a breach of the Australian Privacy Principles, or other relevant legislation that binds CommClaims, and how CommClaims deals with such a complaint;

5. whether CommClaims is likely to disclose personal information to overseas recipients or third parties; and

6. if CommClaims is likely to disclose personal information to overseas recipients or third parties, the countries in which such recipients are likely to be located if it is practicable to specify those countries in this policy.

4. 3 CommClaims ensures that the CommClaims' Privacy Statement is available free of charge and in such form as appropriate. CommClaims makes the Privacy Statement available on its website.

4. 4 If the Privacy Statement is requested in a particular form, CommClaims will take such steps as are reasonable to provide the Privacy Statement in the form requested.

4.5 When you visit CommClaims’ website, apply for, renew, or use any of our products or services, make a claim, or provide us with your personal information, you are agreeing to the collection, storage, use, and disclosure of your personal information as outlined in this Privacy Policy.

SECTION C – COLLECTION OF PERSONAL INFORMATION (SOLICITED PERSONAL INFORMATION)

5. PERSONAL INFORMATION (OTHER THAN SENSITIVE INFORMATION)

5.1 This Section C applies to the collection of personal information that is solicited by CommClaims.

5.2 CommClaims does not collect personal information (other than sensitive information) unless the information is reasonably necessary for one or more of CommClaims’ functions or activities.

5.3 CommClaims’ functions or activities include:

(a) making a recommendation or stating an opinion in response to an inquiry about a claim or potential claim;

(b) making a recommendation or stating an opinion that could influence a decision about making or continuing with a claim;

(d) assisting another person to make a claim

(e) assessing whether an insurer is liable under an insurance product;

(f) making a decision to accept or reject all or part of a claim;

(g) quantifying an insurer’s liability under an insurance product;

(h) offering to settle all or part of a claim; and

(i) satisfying a liability of an insurer under a claim.

6. SENSITIVE INFORMATION

6.1 CommClaims does not collect sensitive information about an individual unless:

(a) the individual consents to the collection of the information and the information is reasonably necessary for one or more of CommClaims’ functions or activities (as described in section 5.3); or

(b) the collection of the information is required or authorised by or under an Australian law or a Court/Tribunal order; or

(d) a permitted health situation exists in relation to the collection of the information by CommClaims.

7. MEANS OF COLLECTION

7.1 CommClaims only collects personal information by lawful and fair means.

7.2 CommClaims only collects personal information about an individual from the individual (rather than someone else), unless it is unreasonable or impracticable to do so or the individual has instructed CommClaims to liaise with someone else.

7.3 CommClaims collects personal information from an individual when:

(a) CommClaims’ Application Form is completed;

(b) a Client provides the information to CommClaims’ representatives over the telephone or via email; and

8. INFORMATION COLLECTED BY COMMCLAIMS

8.1 The information CommClaims collects may include the following:

(a) name;

(b) date of birth;

(d) phone numbers;

(e) via the internet, including websites and social media; and/or;

(f) other information CommClaims considers necessary to their functions and activities.

9. PURPOSE OF COLLECTION

9.1 If an individual is acquiring or has acquired a product or service from CommClaims, the individual’s personal information will be collected and held CommClaims for the purposes of:

(a) checking whether an individual is eligible for CommClaims’ service;

(b) providing the individual with CommClaims' service;

(d) protecting against fraud, crime or other activity which may cause harm in relation to CommClaims' services;

(e) complying with legislative and regulatory requirements in any jurisdiction; and

(f) to assist CommClaims in the running of its business.

9.2 CommClaims may also collect personal information for the purposes of letting an individual know about products or services that might better serve their needs or other opportunities in which they may be interested. Please refer to Section G for further information.

SECTION D – COLLECTION OF PERSONAL INFORMATION (UNSOLICITED PERSONAL INFORMATION)

10. DEALING WITH UNSOLICITED PERSONAL INFORMATION

10.1 If CommClaims:

(a) receives personal information about an individual; and

(b) the information is not solicited by CommClaims

CommClaims must, within a reasonable period after receiving the information, determine whether or not it was permitted to collect the information under Section C above.

10.2 CommClaims may use or disclose the personal information for the purposes of making the determination under paragraph 10.1.

10.3 If CommClaims:

(a) determines that it could not have collected the personal information; and

(b) the information is not contained in a Commonwealth record,

CommClaims must as soon as practicable, destroy the information or ensure that the information is de-identified, only if it is lawful and reasonable to do so.

SECTION E – NOTIFICATION OF THE COLLECTION OF PERSONAL INFORMATION

11. NOTIFICATION OF COLLECTION

11.1 This section 11 applies to:

(a) solicited information; and

(b) unsolicited information to which section 10 does not apply.

11.2 CommClaims must notify the individual of the following matters in the Privacy Statement:

(a) CommClaims’ identity and contact details;

(b) if CommClaims collects the personal information from a third party or the individual is not aware that CommClaims has collected the personal information, the fact that CommClaims so collects, or has collected the information and the circumstances of that collection;

(c) if the collection of the personal information is required or authorised by or under an Australian law or a Court/Tribunal order, the fact that the collection is so required or authorised (including the details of the law or court);

(d) the purposes for which CommClaims collects the personal information;

(e) the main consequences (if any) for the individual if the information is not collected by CommClaims;

(f) any other entities to which CommClaims usually discloses personal information of the kind collected by CommClaims;

(g) that CommClaims' Privacy Statement and this Privacy Policy contains information about how the individual may access the personal information about the individual that is held by CommClaims and seek correction of such information;

(h) that CommClaims’ Privacy Statement contains information about how the individual may complain about a breach of the Australian Privacy Principles and how CommClaims will deal with such a complaint;

(i) whether CommClaims discloses the personal information to overseas recipients or third parties; and

(j) if CommClaims discloses the personal information to overseas recipients or third parties the countries in which such recipients are located if it is practicable to specify those countries in the notification or to otherwise make the individual aware of them.

SECTION F – USE OR DISCLOSE OF PERSONAL INFORMATION

12. USE OR DISCLOSURE

12.1 Where CommClaims holds personal information about an individual that was collected for a particular purpose (“the primary purpose”), CommClaims must not use or disclose the information for another purpose (“the secondary purpose”) unless:

(a) the individual has consented to the use or disclosure of the information; or

(b) the individual would reasonably expect CommClaims to use or disclose the information for the secondary purpose and the secondary purpose is:

(1) directly related to the primary purpose (if the information is sensitive information); or

(2) related to the primary purpose (if the information is not sensitive information);

(c) the use or disclosure of the information is required or authorised by or under an Australian law or a Court/Tribunal order; or

(d) a permitted general situation exists in relation to the use or disclosure of the information by CommClaims; or

(e) CommClaims reasonably believes that the use or disclosure of the information is reasonably necessary for one or more enforcement related activities conducted by, or on behalf of, an enforcement body.

12.2 Where CommClaims uses or discloses personal information in accordance with section 12.1(e), CommClaims keeps a copy of this disclosure (e.g.: the email or letter used to do so).

12.3 This section 12 does not apply to:

(a) personal information for the purposes of direct marketing; or

(b) government related identifiers.

12.4 If CommClaims collects personal information from a related body corporate, this section 12 applies as if CommClaims’ primary purpose for the collection was the primary purpose for which the related body corporate collected the information.

13. WHO DOES COMMCLAIMS DISCLOSE PERSONAL INFORMATION TO?

13.1 CommClaims may disclose personal information collected from clients and prospective clients to the following:

(a) organisations involved in providing, managing or administering CommClaims’ service such as third-

party suppliers, e.g. printers, posting services, and our advisers;

(b) organisations involved in maintaining, reviewing and developing CommClaims’ business systems, procedures and infrastructure, including testing or upgrading CommClaims’ computer systems;

(d) organisations involved in the payments system, including financial institutions, merchants and payment organisations;

(e) organisations involved in product planning and development;

(f) other organisations, who jointly with CommClaims’, provide its services;

(g) authorised representatives who provide CommClaims' services on its behalf;

(h) the individual’s representatives, including legal advisers;

(i) debt collectors;

(j) CommClaims’ financial advisers, legal advisers or auditors;

(k) fraud bureaus or other organisations to identify, investigate or prevent fraud or other misconduct;

(l) external dispute resolution schemes; or

(m) regulatory bodies, government agencies and law enforcement bodies in any jurisdiction.

SECTION G – DIRECT MARKETING

14. DIRECT MARKETING

14.1 CommClaims must not use or disclose the personal information it holds about an individual for the purpose of direct marketing.

15. EXCEPTION – PERSONAL INFORMATION OTHER THAN SENSITIVE INFORMATION

15.1 CommClaims may use or disclose personal information (other than sensitive information) about an individual for the purposes of direct marketing

if:

(a) CommClaims collected the information from the individual; and the individual would reasonably expect CommClaims to use or disclose the information for that purpose; or

(b) CommClaims has collected the information from a third party; and either:

(1) CommClaims has obtained the individual’s consent to the use or disclose the information for the purpose of direct marketing; or

(2) it is impracticable for CommClaims to obtain the individual’s consent; and

(c) CommClaims provides a simple way for the individual to opt out of receiving direct marketing communications from CommClaims

(d) in each direct marketing communication with the individual CommClaims :

(1) includes a prominent statement that the individual may opt out of receiving direct marketing; or

(2) directs the individual’s attention to the fact that the individual may opt out of receiving direct marketing; and

(e) the individual has not made a request to opt out of receiving direct marketing.

16. EXCEPTION – SENSITIVE INFORMATION

16.1 CommClaims may use or disclose sensitive information about an individual for the purpose of direct marketing if the individual has consented to the use or disclosure of the information for that purpose.

17. REQUESTS TO STOP DIRECT MARKETING

17.1 Where CommClaims uses or discloses personal information about an individual for the purposes of direct marketing by CommClaims or facilitating direct marketing by another organisation, the individual may request:

(a) that CommClaims no longer provide them with direct marketing communications;

(b) that CommClaims does not use or disclose the individual’s personal information for the purpose of facilitating direct marketing by another organisation;

17.2 Where CommClaims receives a request from an individual under section 17.1, CommClaims:

(a) gives effect to the request under section 17.1(a) or 17.1(b) within a reasonable period after the request is made and free of charge; and

(b) notifies the individual of the source of the information, if the individual requests it, unless it is impracticable or unreasonable to do so.

17.3 This Section G does not apply to the extent that the following laws apply:

(a) the Do Not Call Register Act 2006;

(b) the Spam Act 2003; or

SECTION H – CROSS BORDER DISCLOSURE OF PERSONAL INFORMATION

18. DISCLOSING PERSONAL INFORMATION TO CROSS BORDER RECIPIENTS

18.1 Where CommClaims discloses personal information about an individual to recipient who is not in Australia and who is not CommClaims or the individual, CommClaims must ensure that the overseas recipient does not breach the Australian Privacy Principles (with the exception of APP1).

18.2 Section 18.1 does not apply where:

(a) CommClaims reasonably believes that:

(1) information is subject to a law or binding scheme that has the effect of protecting the information in a way that is at least substantially similar to the way in which the Australian Privacy Principles protect the information; and

(2) there are mechanisms that the individual can access to take action to enforce that protection of the law or binding scheme; or

(b) both of the following apply:

(1) CommClaims has informed the individual that if they consent to the disclosure of information CommClaims will take reasonable steps to ensure the overseas recipient does not breach the Australian Privacy Principles; and

(2) after being so informed, the individual consents to disclosure;

(c) the disclosure of the information is required or authorised by or under an Australian law or a Court/Tribunal order; or

(d) a permitted general situation (other than the situation referred to in item 4 or 5 of the table in subsection 16A(1) of the Privacy Act) exists in relation to the disclosure of the information by CommClaims.

SECTION I – CROSS BORDER DISCLOSURE OF PERSONAL INFORMATION

19. ADOPTION OF GOVERNMENT RELATED IDENTIFIERS

19.1 CommClaims must not adopt a government related identifier of an individual as its own identifier unless:

(a) CommClaims is required or authorised by or under an Australian law or a Court/Tribunal order to do so; or

(b) the identifier, CommClaims and the circumstances of the adoption are prescribed by regulations.

20. USE OR DISCLOSURE OF GOVERNMENT RELATED IDENTIFIERS

20.1 Before using or disclosing a government related identifier of an individual, CommClaims must ensure that such use or disclosure is:

(a) reasonably necessary for CommClaims to verify the identity of the individual for the purposes of the organisation’s activities or functions; or

(b) reasonably necessary for the organisation to fulfil its obligations to an agency or a State or Territory authority; or

(d) within a permitted general situation (other than the situation referred to in item 4 or 5 of the table in subsection 16A(1) of the Privacy Act; or

(e) reasonably necessary for one or more enforcement related activities conducted by, or on behalf of, an enforcement body; or

(f) the identifier, CommClaims and the circumstances of the adoption are prescribed by regulations.

SECTION J – INTEGRITY OF PERSONAL INFORMATION

21. QUALITY OF PERSONAL INFORMATION

21.1 CommClaims ensures that the personal information it collects and the personal information it uses or discloses is, having regard to the purpose of the use or disclosure, accurate, up to date, complete and relevant.

22. SECURITY OF PERSONAL INFORMATION

22.1 CommClaims ensures that it protects any personal information it holds from misuse, interference, loss, unauthorised access, modification and disclosure.

22.2 CommClaims takes reasonable steps to destroy or de-identify any personal information it holds where:

(a) CommClaims no longer needs the personal information for any purpose for which the information may be used or disclosed by CommClaims;

(b) the information is not contained in a Commonwealth record;

23. STORAGE OF PERSONAL INFORMATION

23.1 CommClaims stores personal information in different ways, including:

(a) hard copy on site at CommClaims’ head office;

(b) electronically secure data centres which are located in Australia and owned by either CommClaims or

external service providers;

external service providers; and

(d) international data centres.

23.2 In order to ensure CommClaims protects any personal information it holds from misuse, interference, loss, unauthorised access, modification and disclosure, CommClaims implements the following procedure/system:

(a) access to information systems is controlled through identity and access management;

(b) employees are bound by internal information securities policies and are required to keep information secure;

(d) CommClaims regularly monitors and reviews its compliance with internal policies and industry best practice.

SECTION K – ACCESS TO, AND CORRECTION OF, PERSONAL INFORMATION

24. ACCESS

24.1 CommClaims must give an individual access to the personal information it holds about the individual if so requested by the individual.

24.2 CommClaims must respond to any request for access to personal information within a reasonable period after the request is made.

24.3 CommClaims must give access to the information in the manner requested by the individual, if it is reasonable and practicable to do so and must take such steps as are reasonable in the circumstances to give access in a way that meets the needs of CommClaims and the individual.

24.4 CommClaims must not charge an individual for making a request and does not impose excessive charges for the individual to access their personal information.

25. EXCEPTIONS

25.1 CommClaims is not required to give an individual access to their personal information if:

(a) CommClaims reasonably believes 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

(b) giving access would have an unreasonable impact on the privacy of other individuals; or

(d) the information relates to existing or anticipated legal proceedings between CommClaims and the individual, and would not be accessible by the process of discovery in those proceedings; or

(e) giving access would reveal intentions of CommClaims in relation to negotiations with the individual in such a way as to prejudice those negotiations; or

(f) giving access would be unlawful; or

(g) denying access is required or authorised by or under an Australian law or a Court/Tribunal order; or

(h) CommClaims has reason that unlawful activity, or misconduct of a serious nature, that relates to our functions or activities has been, or may be engaged in and giving access would be likely to prejudice the taking of appropriate action in relation to the matter; or

(i) giving access would be likely to prejudice one or more enforcement related activities conducted by, or on behalf of, an enforcement body; or

(j) giving access would reveal evaluative information generated within CommClaims in connection with a commercially sensitive decision-making process.

26. REFUSAL TO GIVE ACCESS

26.1 If CommClaims refuses to give access in accordance with section 24 or to give access in the manner requested by the individual, CommClaims will give the individual a written notice that sets out:

(a) the reasons for the refusal except to the extent that, having regard to the grounds for the refusal, it would be unreasonable to do so; and

(b) the mechanisms available to complain about the refusal; and

26.2 Where CommClaims refuses to give access under section 25.1(j) CommClaims may include an explanation of the commercially sensitive decision in its written notice of the reasons for denial.

SECTION L – CORRECTION OF PERSONAL INFORMATION

27. CORRECTION OF INFORMATION

27.1 CommClaims must take reasonable steps to correct all personal information, having regard to the purpose for which the information is held where:

(a) CommClaims is satisfied the information is inaccurate, out of date, incomplete, irrelevant or misleading; or

(b) the individual who requests CommClaims corrects the information.

27.2 Where CommClaims corrects personal information about an individual that CommClaims previously disclosed to another APP entity and the individual requests CommClaims to notify the other APP entity of the correction, CommClaims must take reasonable steps to give that notification, unless it is impracticable or unlawful to do so.

28. REFUSAL TO CORRECT INFORMATION

28.1 If CommClaims refuses to correct personal information as requested by the individual, CommClaims will give the individual a written notice that sets out:

(a) the reasons for the refusal except to the extent that it would be unreasonable to do so; and

(b) the mechanisms available to complain about the refusal; and

29. REQUEST FROM A CLIENT TO ASSOCIATE A STATEMENT WITH THEIR INFORMATION

29.1 If:

(a) CommClaims refuses to correct personal information as requested by the individual; and

(b) the individual requests that CommClaims associate a statement noting that the information is inaccurate, out of date, incomplete, irrelevant or misleading, with the individual’s information,

29.2 CommClaims must take such steps as are reasonable in the circumstances to associate the statement (as described in section 29. 1 (b)) with the individual’s personal information. The statement is associated with the information in such a way that will make the statement apparent to users of the information.

30. DEALING WITH REQUESTS

30.1 CommClaims:

(a) responds to requests under this Section L within a reasonable period after the request is made; and

(b) does not charge the individual for the making of the request, for correcting the personal information or for associating the statement with the personal information.

SECTION M – WEBSITE COOKIES

31. COOKIES

31.1 CommClaims websites utilise "cookies" to offer various services to you. A cookie is a small text file that our web server places on your computer, which can be retrieved later by our web servers. Cookies are commonly used on websites, and you can decide how cookies are accepted by adjusting your browser settings. Cookies do not interfere with the operation of your computer or mobile device. Cookies generally enhance the efficiency of your interaction with our websites.

31.2 CommClaims uses cookies to gather and use information for several purposes, including:

(a) maintaining and improving our websites' functionality,

(b) tracking user preferences and product needs,

(d) improving the relevance of our advertising.

(e) we may also partner with third parties who use our cookies to enhance the relevance of advertising you see on other websites.

For more details, please refer to our Online Terms available on our websites and our Cookie & Data Policy on our website.

32. NON-CUSTOMERS

32.1 Even if you are not a customer, you might still interact with CommClaims. This could happen if:

(a) you are a claimant under one of our insured's policies,

(b) a witness in an accident, or

(d) you might also engage with us by using our transactional websites, participating in a competition, or commenting on social media.

We will collect, use, and disclose your personal information in accordance with this Privacy Policy and any Privacy Statement you receive when interacting with us.

SECTION N – MAKING A PRIVACY COMPLAINT

1. COMPLAINTS

1.1 CommClaims offers a free internal complaint resolution scheme to all customers. Should a client have a privacy complaint, they are to contact CommClaims to discuss their concerns using the following contact details:

(a) Email: customercare@claimsco.com.au;

(b) Phone: 1800 31 31 37; or

1.2 To assist CommClaims in helping customers, CommClaims asks customers to follow a simple three-step process:

(a) gather all supporting documents relating to the complaint;

(b) contact CommClaims to review your situation and if possible, resolve your complaint immediately; and

(c) if the matter is not resolved to the customer’s satisfaction, customers are encouraged to contact CommClaims' Complaints Officer on 1800 959 644 or put their complaint in writing and send it to PO Box 3630 Helensvale Town Centre, QLD 4212.

1.3 CommClaims will rectify any breach if the complaint is justified and takes necessary steps to resolve the issue.

1.4 In certain situations, to deal with a complaint it may be necessary to consult with third parties. However, any disclosure of Personal Information to third parties will be provided with the customer’s authority and consent.

1.5 After a complaint has been received, CommClaims sends the customer a written notice of acknowledgement setting out the process. The complaint is investigated, and the decision sent to the customer within thirty (30) days unless the customer has agreed to a longer time. If a complaint cannot be resolved within the agreed time frame or a decision could not be made within thirty (30) days of receipt, a notification will be sent to the customer setting out the reasons and specifying a new date when the customer can expect a decision or resolution.

1.6 If the customer is not satisfied with CommClaims’ internal privacy practices or the outcome in respect to complaint, the customer may approach the OAIC with their complaint:

Office of the Australian Information Commissioner

Address: GPO Box 5218, Sydney NSW 2001

Phone: 1300 363 992

Email: enquiries@oaic.gov.au

Website: oaic.gov.au

SECTION O – MISCELLANEOUS

33. NOTIFIABLE DATA BREACHES SCHEME

33.1 Under the Privacy Amendment (Notifiable Data Breaches) Act 2017 (“Privacy Amendment Act”) CommClaims is required to notify the Office of the Australian Information Commissioner (“OAIC”) in relation to all eligible data breaches.

33.2 CommClaims notifies the OAIC by lodging a Notifiable Data Breach Form as soon as practicable. The Notifiable Data Breach Form is available at the following link: https://forms.business.gov.au/smartforms/landing.htm?formCode=OAIC-NDB.

33.3 Under the Privacy Amendment Act, CommClaims also promptly informs clients whose personal information has been compromised by the eligible data breach that a breach of their personal information has occurred.

33.4 CommClaims has also developed a Data Breach Response Plan in accordance with the OAIC’s guidelines to ensure the timely notification of all clients affected by any eligible data breach.

34. POLICY BREACHES

34.1 Breaches of this Policy may lead to disciplinary action being taken against the relevant party, including dismissal in serious cases and may also result in prosecution under the law where that act is illegal. This may include re-assessment of bonus qualification, termination of employment and/or fines (in accordance with the Privacy Act).

34.2 Staff are trained internally on compliance and their regulatory obligation to CommClaims. They are encouraged to respond appropriately to and report all breaches of the law and other incidents of non-compliance, including CommClaims’ policies, and seek guidance if they are unsure.

34.3 Staff must report breaches of this Policy directly to CommClaims.

35. RETENTION OF FORMS

35.1 CommClaims retains the completed forms for seven (7) years in accordance with CommClaims’ Document Retention Policy. The completed forms are retained for future reference and review.

35.2 As part of their training, all staff are made aware of the need to practice thorough and up to date record keeping, not only as a way of meeting CommClaims' compliance obligations, but as a way of minimising risk.

36. POLICY REVIEW

36.1 CommClaims' Privacy Policy is reviewed on at least an annual basis by CommClaims, having regard to the changing circumstances of CommClaims. CommClaims then reports on compliance with this Policy.

SECTION P – CHANGES AND GETTING A COPY OF THE POLICY

We encourage you to review and check our website regularly for any updates to this Privacy Policy. We will publish the updated version on this website and by continuing to deal with us, you accept this Privacy Policy as it applies from time to time. If you would like a copy of this Privacy Policy, please contact us.

Issued by ClaimsCo Pty Ltd