PRIVACY POLICY

About this Privacy Policy

Class Action Capital has obligations in relation to the collection, use, disclosure and storage of personal information. These obligations are set out in the Australian Privacy Principles (APPs) under the Privacy Act 1988 (Cth) (Privacy Act) and other applicable State and Territory privacy laws.

In this Privacy Policy, references to “Class Action Capital”, “we”, “us” and “our” are to Class Action Capital Recovery AU Pty Ltd (ABN 78 662 090 066) and our related entities.

You consent to us collecting, holding, using and disclosing your personal information in accordance with this Privacy Policy.

We may review and update this Privacy Policy from time to time. Any changes to this Privacy Policy will be published on our Toyota Class Action Customer Portal (Customer Portal). You may obtain a copy of our current Privacy Policy from our Customer Portal or by contacting us using the contact details set out below.

What is personal information?

“Personal information” is information or an opinion about an identified individual or reasonably identifiable individual, whether true or not and whether recorded in material form or not.

What personal information do we collect and hold?

We collect information about you and your interactions with us in connection with the Toyota Class Action proceedings (Class Action). The types of personal information we may collect and hold about you in connection with the Class Action may include:

• name;
• email address;
• telephone number or mobile number;
• the location from which you have come to the Customer Portal and the pages you have visited; and
• technical data, which may include IP address, the types of devices you are using to access the Customer Portal, device attributes, browser type, language and operating system.

We collect and record personal information about individuals such as current and potential members of the Class Action.

How do we collect personal information?

We may collect personal information directly from you or from a third party. We will only collect your personal information from a third party if it is unreasonable or impracticable to collect this information directly from you or if we are otherwise permitted to do so.

We may collect information from third parties such as:

• your nominated representative;
• lawyers engaged by us in relation to the Toyota Class Action;
• publicly available sources of information or registers; or
• our related entities, companies or businesses.

We may collect this information when you communicate with us through the Customer Portal, by telephone, by e-mail or through a written application. In some circumstances the collection of personal information may be required by law.

Specifically, we may collect your personal information when:

• You communicate with us regarding your participation or potential participation in the Class Action;
• you use our services;
• you request information about us or our services;
• you provide feedback to us;
• you visit or fill in a form on the Customer Portal;
• you visit premises from which we operate;
• you contact us by telephone, email, social media, post or in person; and
• we are otherwise required or authorised by law to do so.

Why do we collect, hold, use and disclose personal information?

We collect, hold, use and disclose your personal information for the following purposes:

• to facilitate the submission of claims in the Class Action;
• to perform our organisational functions and activities in order to operate our business efficiently;
• to identify and communicate with you;
• to enable us to provide you with requested information or services;
• to assist Class Action members by providing them with information and support;
• to help us to manage and enhance the services we provide to you;
• to enable you to access and use our Customer Portal and online services;
• to operate, improve and optimise our Customer Portal and online services and yours and other users’ experience;
• to send support and administrative messages, reminders, technical notices, updates, security alerts, and information to you;
• to process any application submitted by you;
• to respond to any queries or complaints you have made;
• to comply with our legal obligations; and
• to assist government and law enforcement agencies or regulators.

Direct marketing

We will use your personal information to offer you products and services we believe may interest you, but we will not do so if you tell us not to. These products and services may be offered by us, our related companies, our other business partners or our service providers

When you receive electronic marketing communications from us, you may opt out of receiving further marketing communications by following the opt-out instructions provided in the communication.

To whom do we disclose personal information?

We may disclose your personal information to the following third parties for the purposes listed above:

• Class Action Capital’s parent company and other related companies (Group Entities);
• lawyers and other service providers and advisors engaged by us in relation to the Class Action;
• the court(s) and any scheme administrator(s) administering the Class Action;
• other parties to the Class Action, including their representatives, to the extent required or reasonably necessary for the purposes of conducting or settling the Class Action;
• trading partners and service providers of Class Action Capital and its Group Entities;
• your nominated representatives;
• other organisations or individuals who assist us in providing services to you or to administer our business;
• professional service providers and advisors who perform functions on our behalf, such as lawyers and accountants;
• Government, regulatory authorities or other organisations as required or authorised by law, including the Federal Court of Australia.

We may disclose your personal information to external service providers so that they may perform services for us or on our behalf or to assist us in providing our services or to administer our business.

We may also disclose your personal information to a purchaser or potential purchaser in connection with the sale or potential sale of Class Action Capital, our business or any of our assets, including in insolvency, in circumstances which require the purchaser or potential purchaser to use such personal information consistently with this Privacy Policy.

When we disclose personal information to third parties, we make all reasonable efforts to ensure that we disclose only relevant information and that it is accurate, complete and up to date and that the third party will comply with the Privacy Act in relation to the use, disclosure and storage of your information.

Other uses and disclosures

We may collect, use and disclose your personal information for other purposes not listed in this Privacy Policy. If we do so, we will make it know to you at the time we collect or use your personal information.

Disclosure of personal information outside Australia

We may disclose your personal information to recipients located outside Australia, to our Group Entities who may store or process your information on our behalf. The countries in which those third party recipients may be located are the United States of America.

Where we disclose information outside of Australia, we will take reasonable steps to ensure that any such person to whom personal information is disclosed will deal with that information in a way that is consistent with the APPs.

Information collected via our websites

This Privacy Policy applies to the personal information that Class Action Capital collects through:

• the Customer Portal; and
• classactioncapital.com

(together, the Websites).

Cookies

A “cookie” is a small file stored by the web browser software on your computer when you access our Websites. An explanation of cookies can be found on the Office of the Australian Information Commissioner’s (OAIC) website.

We use session cookies for maintaining contact with a user throughout a web browsing session. Session cookies expire when the browsing session comes to an end or a user shuts down their computer.

We use persistent cookies for statistical purposes and to improve our Websites.

You may accept all cookies, reject all cookies or be notified when a cookie is set. However, if refuse the use of cookies by selecting the appropriate settings on your browser, this may prevent you from using the full functionality of the Websites.

We will deal with any personal information collected by cookies in the same way we handle other personal information under this Privacy Policy.

Web beacons

The website communications generated from using and/or registering on the Websites, may contain electronic images known as “web beacons”. Web beacons generally work in conjunction with cookies, and we may use them with cookies to, for example, count the number of visitors to the Websites or see whether you have acted on an email or clicked on a link.

Google Analytics

Our Websites use Google Analytics, a web analytics service provided by Google Inc. (Google). Google Analytics uses cookies to help analyse how users use the Websites. Google Analytics anonymously tracks how users interact with the Websites, including where they came from, what they did on the Websites and whether they completed any transactions on the Websites.

The information generated by the cookie about your use of the Websites (including the IP address) will be transmitted to and stored by Google on servers in the United States of America. Google will use this information for the purpose of compiling reports on the Websites activity and providing other services relating to the Websites and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate a person’s IP address with any other data held by Google.

You can opt out of the collection of information via Google Analytics by downloading the Google Analytics Opt-out browser add-on here.

Clickstream data

When you visit our Websites, a record is made of your visit, including the following information:

• your server address;
• your top level domain name;
• the date and time of access to the site;
• pages accessed and documents downloaded;
• the previous site visited; and
• the type of browser software in use.

We analyse this non-identifiable Websites traffic data (including through the use of third party service providers) on an aggregated basis to improve our services and for statistical purposes.

No attempt will be made to identify users or their browsing activities except in the unlikely event of an investigation, where a law enforcement agency may exercise a warrant to inspect the internet service provider’s log files.

Security of your personal information

We store most information about you in computer systems and databases operated by either us or our external service providers. Some information about you is recorded in paper files that we store securely.

We implement and maintain processes and security measures to protect personal information which we hold from misuse, interference or loss, and from unauthorised access, modification or disclosure. This includes:

• training our staff in how to keep your information safe and secure;
• storing your hard copy and electronic records in secure systems; and
• using trusted contracted service providers (including cloud storage providers).

However, we advise that there are inherent risks in transmitting information across the internet, including the risk that information sent to or from a website may be intercepted, corrupted or modified by third parties. If you have security concerns, or wish to provide personal information by other means (for example, by telephone or paper), you may contact us using the contact details set out at the bottom of this Privacy Policy.

If the information we store is no longer required by us for any purpose for which it was collected and is no longer required by law to be retained by us, we will destroy or de-identify the information.

How can I access or correct my personal information?

We have measures in place to ensure the personal information we hold about you is accurate, complete and up to date.

You may access or request correction of the personal information that we hold about you by contacting us. Our contact details are set out below. There are some circumstances in which we are not required to give you access to your personal information.

There is no charge for requesting access to your personal information, but we may require you to meet our reasonable costs of providing you with access (such as photocopying costs or costs for time spent on collating large amounts of material).

We will respond to your request to access or correct personal information in a reasonable time and will take all reasonable steps to ensure that the personal information we hold about you remains accurate and up to date.

If we refuse to provide you with access to your personal information or to update your personal information in the way you request, we will provide you with written reasons.

If we refuse to correct or update your personal information, you may request that we make a note on your record that you are of the opinion that the information is inaccurate, incomplete, out of date, irrelevant or misleading (as the case may be).

How can I make a complaint?

If you have a complaint or concern regarding our handling of your personal information or think that your privacy has been affected, you should contact us using our contact details set out below to raise your complaint or concern.

We will consider your complaint and determine whether it requires further investigation. We will notify you of the outcome of this investigation and any subsequent internal investigation.

If you remain unsatisfied with the way in which we have handled your privacy complaint or concern, you may approach an independent advisor or contact the OAIC. See the OAIC website for more information about how to make a complaint.

Contacting us

If you:

• have any questions or would like further information about our Privacy Policy or practices;
• wish to make a complaint about the way we have collected, used, held or disclosed your personal information; or
• would like to opt out of receiving our newsletter or information about Class Action Capital’s services,

please contact our Privacy Officer in any of the following ways:

• Email: privacy@classactioncapital.com
• Phone: +61 (2) 90564768
• Mailing address: Level 7, 330 Collins Street, Melbourne Victoria 3000

This Privacy Policy was last updated: March 2023