Privacy Policy

We are committed to respecting your privacy. Our Privacy Policy sets out how we collect, use, store and disclose your Personal Information. We are bound by the Australian Privacy Principles contained in the Privacy Act.

By providing Personal Information to us, you consent to our collection, use and disclosure of your Personal Information in accordance with this Privacy Policy and any other arrangements that apply between us. We may change our Privacy Policy from time to time by publishing changes to it on our Website. We encourage you to check our Website periodically to ensure that you are aware of our current Privacy Policy.

This Privacy Policy uses the following defined terms:

Affiliates means, in relation to estateXchange, another entity that controls, is under the control of or is under common control with estateXchange. In this definition, control means that an entity has the capacity to determine the outcome of decisions about the other entity's financial and operating policies, including by holding more than 50% of the relevant voting or ownership interest in the other entity.

Content means documents, files, text or instant messages, emails, electronic signatures, images, and any other information, data, materials or electronic media.

Other Users means any person who accesses or uses the Platform or Services, other than you.

Personal Information means information or an opinion about an identified individual, or an individual that is reasonably identifiable. For example, this may include your name, age, gender, postcode and contact details.

Platform means the online platform made available by estateXchange for use in the administration and management of the affairs or estate of a deceased person.

Privacy Act means the Privacy Act 1988 (Cth).

Privacy Policy means this document as amended from time to time.

Sensitive Information has the meaning given in the Privacy Act and includes information or an opinion about your racial or ethnic origin, political opinions or associations, religious beliefs or affiliations, philosophical beliefs, professional or trade association or union membership, sexual orientation or practices, criminal records, health information, genetic information and biometric information and templates.

Services means the services provided by estateXchange from time to time (including under a separate agreement with us), including access to and use of the Platform, Support Services or any other products or services made available on the Platform by estateXchange from time to time.

Spam Act means the Spam Act 2003 (Cth).

Support Services means the supply of standard technical and customer support for the Services, provided by estateXchange or any of its employees, contractors or agents of estateXchange or of its Affiliates (as applicable).

Third Party Service means a service (including software) that is provided by a party (other than estateXchange) that may interoperate with, integrate into, or is ancillary or related to the Services.

Us, we or our means estateXchange Pty Ltd ACN 668 082 880, and our Affiliates.

Website means the website available at www.estatexchange.com.au.

Workspace means a dedicated space on the Platform specific to a deceased

You or your means the individual to which the relevant Personal Information relates.

What Personal Information do we collect?

We only collect Personal Information to the extent that it is reasonably necessary for one or more of our functions or activities.

The types of Personal Information we may collect includes but is not limited to:

• if you use the Platform, our Website or our Services, your name, postal or street address, email address, telephone number and other contact details, age or date of birth, place of work and job title, professional registration numbers, your role in the administration of the affairs or estate of a deceased person, details of the Services we have provided to you, including any additional information necessary to deliver those Services, information you provide to us through customer surveys, or any other Personal Information that may be required in order to facilitate your dealings with us or that you provide to us through the Platform or our application or Website;
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• if you access our Website or Platform, to the extent that it is Personal Information, your device ID, device type, geo-location information, computer and connection information, statistics on page views, traffic to and from the sites, ad data, IP address and standard web log information;
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• if you use our Platform to verify your identity, details of your identity and government related identifiers (such as your driver's licence and/or passport details);
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• if you have a subscription, your payment details;
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• if you contact us, details of any Services you have enquired about, including any additional information necessary to respond to your enquiries; or
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• if you apply for a job with us, your qualifications, education and employment history and any other Personal Information contained in your resume or application.

In using our Platform, our Website or our Services, we may collect Sensitive Information about you, such as:

• details of your health, where relevant to assess your capacity to act in relation to the affairs or estate of a deceased person; and
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• photos or videos of you containing biometric information, where required to verify your identity. To the extent we need this information, we will seek your consent (or the consent ofthe relevant person acting on your behalf) before we collect and use Sensitive Information about you, unless we are otherwise permitted to collect that information by law.

It is possible that in the course of providing our Services that we may also collect certain health information related to deceased persons (for example, the cause of death of a deceased person). While this information is not Personal Information under the Privacy Act, this information will be used and disclosed in accordance with law, including any applicable health records and other privacy legislation.

How do we collect Personal Information?

Our preference is to collect Personal Information about an individual directly from that individual unless it is unreasonable or impracticable to do so.

We will generally collect Personal Information from the following sources:

• ‍Directly from you, including via the Platform, our Website or application and social media profiles or through your other interactions with us (for example by email, online chat or other correspondence). You may be required to provide us with Personal Information about other individuals in the course of using the Platform or any of our Services. If you provide us with Personal Information about any other individual it is your responsibility to ensure that you have any required consent to provide us with that Personal Information, where reasonably practicable, and to ensure that the relevant individual is aware of this Privacy Policy;
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• from Other Users of the Platform and our Services, for example, when they nominate you as an authorised representative or interested party, or upload Content through the Platform or a Workspace that includes Personal Information about you;
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• from Third Party Services, including services operated by state and territory government authorities, Amazon Web Services, OCR Labs Pty Ltd (trading as IDVerse), Okta Inc and HubSpot Inc; and
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• from any recruitment consultant, previous employer and references, if you apply for a job with us.

In addition, when you apply for a job or position with us we may collect certain information from you (including your name, contact details, working history and relevant records checks) from any recruitment consultant, your previous employers and others who may be able to provide information to us to assist in our decision on whether or not to make you an offer of employment or engage you under a contract.

This Privacy Policy does not apply to acts and practices in relation to employee records of our current and former employees, where they are exempt from the Privacy Act.

Why do we collect, use and disclose Personal Information?

We may collect, hold, use and disclose Personal Information for the following purposes:

• ‍providing and operating the Platform and our Services: including the associated management of the affairs or estate of a deceased person, understanding your role and authority in relation to the affairs or estate of a deceased person, for the purpose of verifying or authenticating your identity and fraud prevention, and to otherwise provide our Services;
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• communicating with you: for example responding to your enquiries, questions, requests and complaints and to send you service, support and administrative messages, reminders, technical notices, updates, security alerts, and information requested by you;
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• marketing: to send you marketing and promotional messages and other information that may be of interest to you, including information sent by, or on behalf of, our business partners that we think you may find interesting and to administer rewards, surveys, contests or other promotional activities or events sponsored or managed by us or our business partners;
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• operating our business: including to operate, protect, improve and optimise the Platform, our applications, Website, Services, business and users’ experience, such as to perform analytics, undertake internal reporting, conduct research and for advertising and marketing;
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• conducting business transactions: such as processing invoices, bills, direct debits and related financial matters related to the provision of our Services;
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• complying with applicable laws: including to comply with our legal and regulatory obligations or court orders and exercise and/or defend our legal rights;
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• employment: to consider your employment application; and
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• any other lawful purpose: including for any other purpose that you have consented to, for any other legitimate business purpose including a proposed transfer, sale or merger of our businesses or assets, or as otherwise permitted or required by any applicable law or regulation.

We may also disclose Personal Information to a trusted third party who also holds other information about you. This third party may combine that information in order to enable it and us to develop anonymised consumer insights so that we can better understand your preferences and interests, personalise your experience and enhance the Services that you receive.

If you do not provide us with the Personal Information that we request, we may not be able to provide you with access to the Platform or our Services, provide you with information about our business and activities or respond to your enquiries.

Do we use your Personal Information for direct marketing?

We and/or our carefully selected business partners may send you direct marketing communications and information about our Services if:

• you have consented to receive direct marketing materials;
• you would reasonably expect us to use your Personal Information for this purpose; or
• we are otherwise permitted to do so by law.

This may take the form of emails, SMS, mail or other forms of communication, in accordance with the Spam Act and the Privacy Act.

You may opt-out of receiving marketing materials from us by contacting us using the details set out below or by using the opt-out facilities provided (e.g. an unsubscribe link). Please note that even if you have requested not to receive further direct marketing communications from us, we may nevertheless continue to provide you with information about changes to our terms and conditions for the provision of the Platform and our Services, and other factual information as permitted under the Privacy Act and Spam Act.

To whom do we disclose your Personal Information?

We may disclose Personal Information for the purposes described in this Privacy Policy to:

• Other Users or Third Party Service providers connected to a Workspace or otherwise involved in or connected to the management of the affairs or estate of a deceased person;
• our employees and Affiliates;
• third party suppliers, contractors and service providers (including Third Party Service providers and other providers for the operation of the Platform, our Services, our Website and/or our business or in connection with providing our Services to you);
• professional advisers, dealers and agents;
• payment systems operators (eg merchants receiving card payments) or banks;
• our existing or potential agents, business partners or partners;
• our sponsors or promoters of any competition that we conduct via our Services;
• anyone to whom our assets or businesses (or any part of them) are, or are proposed to be, transferred, sold or merged;
• specific third parties authorised by you to receive information held by us; and/or
• other persons, including government agencies, regulatory bodies and law enforcement agencies, or as required, authorised or permitted by law.

Storage of data and overseas disclosure

We, including our Third Party Service providers, may hold electronic records of your Personal Information using cloud technology or by other electronic means, or in paper form. This means our holding of Personal Information may include offshore storage.

We may disclose Personal Information to other parties including our service providers as permitted by the Privacy Act. These third parties may be located overseas, including in the United States and Singapore.

Website usage information and cookies

We may collect information when you use and access our Website or Platform.

While we do not use browsing information to identify you personally, we may record certain information about your use of our Website or Platform, such as which pages you visit, the time and date of your visit and the internet protocol address assigned to your computer.

We may also use 'cookies' or other similar tracking technologies on our Website or Platform that help us track your Website or Platform usage and remember your preferences. Cookies are small files that store information on your computer, mobile phone or other device. They enable the entity that put the cookie on your device to recognise you across different websites, services, devices and/or browsing sessions.

You can disable cookies through your internet browser, but our Website or Platform may not work as intended for you if you do so.

We may also use cookies to enable us to collect data that may include Personal Information. For example, where a cookie is linked to your account, it will be considered Personal Information under the Privacy Act. We will handle any Personal Information collected by cookies in the same way that we handle all other Personal Information as described in this Privacy Policy.

Data Security

We may hold your Personal Information in either electronic or hard copy form. We take reasonable steps to protect your Personal Information from misuse, interference, and loss, as well as unauthorised access, modification or disclosure and we use a number of physical, administrative, personnel and technical measures to protect your Personal Information.

We will also take steps as are reasonable in the circumstances to destroy or de-identify Personal Information once we no longer need it for any purpose for which the information may be used, disclosed or retained under the Privacy Act.

When using the Platform or our application or Website you should be aware that no data transmission over the internet can be guaranteed as totally secure. Although we strive to protect such information, we do not warrant the security of any information that you provide us over the internet and you do so at your own risk.

Third Party Links

Our Website or Platform may contain links to websites or services operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we are not responsible for the privacy practices of, or any content on, those linked websites or services, and have no control over or rights in those linked websites or services. The privacy policies that apply to those other websites or services may differ substantially from our Privacy Policy, so we encourage individuals to read them before using those websites or services.

Accessing or correcting your Personal Information

We will take such steps as are reasonable in the circumstances to ensure that the Personal Information which we collect remains accurate, up to date and complete.

We will provide you with access to your Personal Information held by us unless we are permitted under the Privacy Act to refuse to provide you with such access.

Please contact us using the contact details below if you:

• wish to have access to the Personal Information we hold about you;
• consider that the Personal Information we hold about you is not accurate, complete or up to date; or
• require further information about our Personal Information handling practices.

If you think that any Personal Information we hold about you is inaccurate, we will take reasonable steps to ensure that it is corrected. We will respond to all requests for access and/or correction within a reasonable time.

Sometimes, we may not be able to provide you with access to all of your Personal Information and, where this is the case, we will tell you why. We may also need to verify your identity when you request your Personal Information. There is no charge for requesting access to your Personal Information but we may require you to meet our reasonable costs in actually providing you with access.

Making a complaint

If you think we have breached the Privacy Act, or you wish to make a complaint about the way we have handled your Personal Information, you can contact us using the 'Contact Us' function on our Website or in the Platform, or at the details below.

Please include your name, email address and/or telephone number and clearly describe your complaint. We will acknowledge your complaint and respond to you regarding your complaint within a reasonable period of time.

If you think that we have failed to resolve the complaint satisfactorily, you may contact the Office of the Australian Information Commissioner (OAIC).

The OAIC can be contacted at:

• GPO Box 5288, Sydney, NSW 2001;
• 1300 363 992; or‍
• www.oaic.gov.au

Contact Us

For further information about our Privacy Policy or practices, or to access or correct your Personal Information, or make a complaint, please contact us using the details set out below:

Simon Bray

Executive, Technology

info@estateXchange.com.au

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