PRIVACY POLICY

Effective Date: Feb 15th, 2016.
Last Updated: Apr 2nd,2020.

 

I.  Introduction

1. Please read the following Privacy Policy (“PP,” “Policy” or “Agreement”) carefully before viewing or using any services, features, content or applications offered by Legaler Pty Ltd., (“LEGALER,” “We,” “Us” or “Our”) via legaler.com or app.legaler.com (“Site,” “Software” or collectively as “Service(s)” or “Member Service(s)”).This Policy applies to both those who access the Services but do not have accounts (“Visitors”) as well as those who register to gain access to the Software (“Members”) collectively (“User(s),” “You,” or “Your(s)”).
2. We respect Your privacy and acknowledge Our legal obligations as they apply to Our collection, use and disclosure of data and Personal Information.
3. This Policy does not apply to our use of employee information. It also does not apply to information we collect from You offline.
4. If You are a Client, before You engage a Lawyer, We recommend that You find out from that Lawyer how the Lawyer (and if the Lawyer is part of a law firm, how that law firm) handles Personal Information.
5. We do not endorse or monitor the privacy practices of any lawyers.
6. The only data We may use, as described below, is Your profile data. In no instance does LEGALER claim ownership over any other communications, files, or client data uploaded by You or sent to You through the Services.

 

II.  About this Document

1. This document is the LEGALER Privacy Policy. It sets out Our policy on Our collection, use and disclosure of Personal Information that We obtain via LEGALER and the Member Services that We operate.
2. This Privacy Policy is to be read in conjunction with Our Terms of Service. A copy of Our Terms of Service is available at https://legaler.me/terms-of-services/.
3. Terms used in this Privacy Policy that are defined in Our Terms of Service have the meanings given to them in the Terms of Service.
4. Each time You use, browse and/or access LEGALER or the Member Services You hereby consent unconditionally to Us collecting, using and disclosing Your Personal Information in the manner described in this Privacy Policy.
5. We may update this Privacy Policy from time to time. We will post the latest version of the Privacy Policy on this webpage. It is Your responsibility to ensure that You are familiar with the most recent version of this Privacy Policy. If the “last modified” date remains unchanged after a User has clicked the “refresh” button on his/her browser, the User may presume that no changes have been made since the last reading of the Policy. A changed “last modified” date indicates that this Policy has been updated or edited, and the updated or edited version supersedes any prior versions immediately upon posting.
6. If You are a Member We will send you an email notifying You if Our Privacy Policy has any material updates.

 

III.  Types of Data and the Collection of Personal Information.

1. The primary and intended purpose of LEGALER is to provide a communication platform for Lawyers and their teams to deliver legal services to their clients. LEGALER integrates LiveAdvice™ video chat, messaging, file sharing, scheduling and matter organization to bring lawyers and clients closer together in one simple and powerful app for mobile and web. This requires the collection, use and disclosure of Personal Information via LEGALER.
2. We will collect Your Personal Information through Your interaction with LEGALER and if You are a Member, through Your use of Our Member Services.
3. In addition, if You communicate with Us through LEGALER (for example, via a “contact form”) or via email or otherwise, We may store the content of the communication.
4. The Personal Information that We collect includes statistical information which We gather including Your IP address and details of the type of computer and web browser that You use and Your approximate geographic location. This information is provided to Us through your interaction with LEGALER. This statistical information is provided by Your computer by default unless it is configured not to provide the information. Most computers are configured by default to provide such information. We may use cookies to collect this information and/or the information may be collected on Our behalf using a third party tool such as Google Analytics (see www.google.com.au/analytics/). Other statistical information that we may collect in this manner includes the web pages on LEGALER that You visit, how long You spend on each webpage, and which links you click on in the course of Your interaction with LEGALER. We do not keep this information stored in a way that identifies You personally by name. We keep this information in aggregate form, so that We can analyze how LEGALER is being used generally. We consider all such information “statistical information”.

 

IV.  Collection of Personal Information from Clients

1. If You register to become a Client on LEGALER, We will collect Personal Information from You either during the course of Your registration as a Client or through the set-up of Your Client profile, including any or all of the following.
   1. First name;
   2. Last name;
   3. Nickname;
   4. Email address;
   5. Facebook login details;
   6. Password;
   7. The name of Your company or entity that You register on behalf of (i.e Your Organization);
   8. Telephone numbers and postal addresses;
   9. Bank account details;
   10. Credit card details; and
   11. Any other Personal Information that we require in order to provide the Member Services to You.

 

V.  Collection of Personal Information from Lawyers

1. If You register to become a Lawyer, We will collect Personal Information from You either during the course of Your registration as a Lawyer on LEGALER or through the set-up of Your Lawyer profile, including any or all of the following:
   1. First name;
   2. Last name;
   3. Nickname;
   4. Email address;
   5. Facebook login details;
   6. Password;
   7. The name of Your company or entity that You register on behalf of (i.e Your Organization);
   8. Personal Information of Lawyers within Your Organization;
   9. Telephone numbers and postal addresses;
   10. Attorney Registration Number;
   11. Bank account details;
   12. Credit card details;
   13. Approved Third Party Payment Gateway account details;
   14. Photographs;
   15. Areas of practice;
   16. Qualifications;
   17. Professional Memberships;
   18. Awards received;
   19. Any other Personal Information that We require for LEGALER Verification purposes; and
   20. Any other Personal Information that we require in order to provide the Member Services to You.

 

VI.  How We use Your Personal Information

1. The primary purposes of collecting, using and disclosing Personal Information through LEGALER are to operate, administer and optimize LEGALER, including the marketplace comprising the Member Services, and gain an understanding about how You, together with the other users of LEGALER, use and interact with LEGALER.
2. For example, during Your registration as a Client on LEGALER, We will collect Personal Information about You. That information will be provided to Lawyers who You engage through LEGALER. Any Personal Information that forms part of a Case that you create in LEGALER will also be provided to the Lawyers who You invite to Your case (where the Case is private). Where you create a Case in LEGALER that is public, it will be visible to all Lawyers. LEGALER facilitates this disclosure of Personal Information via the Member Services.
3. Please refer to the Member Services Description for details about how to make Cases private. Where You make a Case private, We agree to use reasonable efforts to prevent users, other than a Member that You invite to the Case, from accessing Your Member Data in that Case. However, We do not accept any duty of confidence.
4. We may also collect, use and/or disclose Personal Information in the following circumstances where We consider such collection, use and/or disclosure is reasonably necessary:
   1. where We have placed a “cookie” from LEGALER. We may utilize “cookies” which enable Us to monitor traffic patterns and to serve You more efficiently if You revisit LEGALER;
   2. where You consent to the specific collection, use and/or disclosure;
   3. if We consider it reasonably necessary to provide the Personal Information to Our employees and/or service providers who We engage or employ to provide Us with services in connection with LEGALER;
   4. so that We can carry out analysis of LEGALER for the purposes of improving LEGALER;
   5. to transfer information to others as described in this policy or to satisfy our legal, regulatory, compliance, or auditing requirements; and/or
   6. if We sell the LEGALER business to a third party.
5. We may also use and/or disclose information captured via LEGALER to Our service providers who work on Our behalf, in order to provide or procure the provision of customer support related to LEGALER, and for other reasons set out in this Privacy Policy as well as We may also share non Personal (such as anonymous User usage data, referring/exit pages and URLs, platform types, number of clicks, etc.) with interested third parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality of the Services. Similarly, we may share Sensitive Data so long as it is not aggregated with Personal data and therefore cannot be connected to any person.

 

VII.  In the Event of Merger, Sale, or bankruptcy Member lists

1. In the event that we are acquired by or merged with a third party entity, we reserve the right to transfer or assign the information we have collected from Users as part of such merger, acquisition, sale, or other chance of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally we may not be able to control how your personal information is treated, transferred, or used.
2. We may disclose Our Member lists (including the Personal Information We collect via LEGALER) to third parties contracted by LEGALER.

 

VIII. Cookie Policy

1. A “cookie” is a small data file that can be placed on your hard drive when You visit certain websites. A “web beacon” is a small, transparent graphic image placed on a website, which allows the site to record the actions of a visitor opening the page that contains the beacon. LEGALER uses cookies but does not use web beacons to collect, store, and sometimes track information for statistical purposes to improve Services performance and delivery.
2. We use cookies to save your login credentials. These cookies do not enable third parties to access any of your customer information. Advertisers and partners may also use their own cookies. We do not control use of these cookies and expressly disclaim responsibility for information collected through them.
3. Your browser may give You the ability to control cookies or other tracking tools. How You do so depends on the type of tool. Certain browsers can be set to reject browser cookies. To control flash cookies, which we may use on certain websites from time to time, You can go here. Why? Because flash cookies cannot be controlled through your browser settings. If You block cookies on your browser, certain features on the Site may not work. If You block or delete cookies, not all of the tracking activities we have described here will stop. Choices You make are both browser and device-specific.

 

IX.  Your Opt Out Rights

1. If You do not wish to have statistical information collected or used by Us in the manner described in this Privacy Policy, please configure your computer not to supply Us with the information, and do not otherwise provide Us with such Information. If You do not wish Us to collect Personal Information about You via Google Analytics, please install a Google Analytics opt-out browser add-on (see https://tools.google.com/dlpage/gaoptout) or another tool which blocks the collection of Your Personal Information by Google Analytics.
2. If You cannot configure Your computer so that it does not automatically provide Us with statistical information about You, and You do not wish to have such information collected or used by Us in the manner described in this Privacy Policy, please do not use LEGALER. LEGALER automatically collects such information and it is not practical for Us to configure LEGALER not to collect such information from specific users.
3. You can opt out of marketing emails or text messages by following the instructions in any marketing emails or text messages You receive. You can also opt-out by sending us an email. To request changes to or to review your information, please send us an email. You may also email us to have your personal information deleted.
4. If You do not wish to have Your Personal Information collected or used by Us in the manner described in this Privacy Policy, You cannot become a Member. It is not practical for You to become a Member without providing Personal Information to Us.
5. In addition, without collecting and using Your Personal Information in the manner described in this Privacy Policy, it will not be practical for Us to provide you with any Member Services or respond to any of your enquiries.
6. When contacting Us by email, while You are not required to disclose to Us Personal Information about Yourself (other than the email address from which You send the email), if You do not provide us with Personal Information it will not be possible for Us to provide You with assistance or information in respect of Your Account on LEGALER if You are a Member.
7. Some web browsers have a “Do Not Track” feature. This feature lets You tell websites You visit that You do not want to have your online activity tracked. These features are not yet uniform across browsers. Our Services are not currently set up to respond to those signals.

 

X.  Preservation of content

1. Subject to paragraph 9.2, We reserve the right to preserve the content of any Personal Information We collect through LEGALER, for as long as We consider necessary.
2. If We hold Personal Information about You and We no longer need the information for any purpose for which the information may be used or disclosed by Us under this Privacy Policy, and the information is not contained in a Commonwealth record, and We are not required by or under an Australian law, or a court/tribunal order, to retain the information, then we will take such steps as are reasonable in the circumstances to destroy the information or to ensure the information is de-identified.

 

XI.  Children

1. Our Services are not targeted or intended for children under the age 13 and persons under the age of 18 may not become Members or otherwise use LEGALER. Importantly, any and all Personal Data collected or input by a child under the age of 13 who signs up despite the barring of such Member by the Terms of Service, that Personal Data will be private and should any be made public and it is brought to Our attention it will be deleted according to any applicable laws such as the Child Online Privacy Protection Act (COPPA).

 

XII.  Users Outside the United States

1. If You are a User of the Services who resides in a country other than the United States, your accessing or using the Services in any way constitutes your agreement that
   1. We may process your Personal Data for the purposes identified in the Policy, and
   2. your Personal Data may be transferred to and processed in the country in which it was collected and in other countries, including the United States, where laws regarding processing of Personal Data may be less stringent than the laws in your country. By providing your Personal Data, You consent to such transfer.

 

XIII.  California Residents

1. Residents of the State of California have the right to request a list of all third parties to which LEGALER has disclosed certain information during the preceding year for the third parties’ direct marketing purposes as stated in California Civil Code Section 1798.83.

However, it is our policy to not disclose personal information in any way other than for the purposes included in this Policy. In the future if the Policy changes in this respect, You have given us your email address to contact You with any material changes, and You are a California resident and want such a list, please contact us
at [email protected] with subject “California Privacy Rights.”

 

XIV.  Security

1. We use physical, electronic and procedural safeguards and use reasonable efforts to protect Your Personal Information that We collect and maintain from misuse, interference, loss, and from unauthorized access, modification or disclosure while it is in Our possession.
2. Legaler has implemented administrative, physical, and technical safeguards to help protect the personal data that we transmit and maintain. However, no system or service can provide a 100% guarantee of security, especially a service that relies upon the public internet. Therefore, you acknowledge the risk that third parties may gain unauthorized access to your information. Keep your account password secret and please let us know immediately if you think your password was compromised. Remember, you are responsible for any activity under your account using your account password or other credentials.

 

XV. Google API Services User Data Policy

1. Legaler respects your privacy and complies with Google API Services User Data Policy, including the Limited Use requirements. We collect, store, and use your data exclusively to provide and improve the app’s services. We never share or sell your data for advertising purposes. Review the Google API Services User Data Policy for more information. By using Legaler, you consent to this policy.

 

XVI.  Your consent

1. By using LEGALER and Member Services and providing us with Personal Information, You are consenting to Our collection, use and disclosure of Your Personal Information as set forth in this Privacy Policy.

 

XVII.  How you can contact LEGALER with questions or concerns

1. If You have any questions about this Policy or the practices described herein, You may contact us at [email protected] Please include your name, address and telephone number (if You prefer to receive a call back rather than email) when You contact us. This helps us handle your request quickly and correctly.
2. Complaints will be resolved internally in accordance with our complaints procedures. If You live in the European Union or Switzerland and efforts to resolve the matter internally are unsatisfactory, the complaint may be submitted to the American Arbitration Association, which has been selected as the independent recourse mechanism to resolve complaints and disputes relating to treatment of data originating in the European Union or Switzerland under this policy.
3. This Policy does not supersede the Terms of Service governing your use of the Services. Any conflict between the two shall be resolved in favour of the Terms of Service.