Privacy Policy

1. Introduction

SimplyProbate ("we," "us," "our") operates the AI chatbot landing page at chat.simplyprobate.co.nz (the "Site"). This Privacy Policy explains how we collect, use, disclose, and protect your personal information when you interact with our AI-powered chatbot assistant.

We are committed to protecting your privacy in accordance with the New Zealand Privacy Act 2020 and its 13 Information Privacy Principles (IPPs).

2. AI Chatbot Data Processing

What the AI Chatbot Collects:

• Your conversation messages and responses
• Information about the deceased person's estate (value, assets, location)
• Details about whether a Will exists
• Your relationship to the deceased
• Contact information you provide (name, email, phone number)
• Session metadata (timestamps, device ID, conversation flow)

How Chatbot Data is Used:

• To qualify leads for our probate services
• To determine if your estate meets the $40,000+ threshold for probate in New Zealand
• To identify the appropriate service type (probate application vs letters of administration)
• To route you to the most relevant next step (application portal, consultation booking, or information resources)
• To improve our AI assistant's performance and accuracy
• For quality assurance and training purposes

OpenAI Data Processing:

OpenAI processes your chatbot conversations under a Data Processing Agreement that includes appropriate security and privacy safeguards. OpenAI's own privacy practices are governed by their privacy policy available at: https://openai.com/privacy

OpenAI has committed to GDPR-equivalent protections and maintains SOC 2 Type II certification for security controls.

3. Automated Decision-Making

Our AI chatbot uses automated processing to make decisions about your eligibility for our services. Specifically, the chatbot automatically:

• Assesses whether your estate value meets the $40,000+ threshold for probate
• Determines if you need a probate application (with Will) or letters of administration (without Will)
• Evaluates if the deceased was a New Zealand resident or owned NZ assets
• Routes you to our application portal, consultation booking, or general website based on qualification

Your Rights Regarding Automated Decisions:

Under the Privacy Act 2020, you have the right to:

• Request human review: You can ask for a person to review any decision made by the AI chatbot
• Receive an explanation: We will explain the logic and criteria used by the automated system
• Challenge the decision: You can dispute any automated qualification assessment
• Speak to a lawyer: You can bypass the chatbot and book a consultation directly

To exercise these rights, contact our Privacy Officer at rion@rionnorris.com

4. International Data Transfers

When you use our AI chatbot, your conversation data is transferred to and processed by OpenAI LLC in the United States. This cross-border transfer is necessary to provide the AI chatbot functionality.

Privacy Act 2020 Compliance (Section 40):

We ensure this international transfer complies with the Privacy Act 2020 through the following safeguards:

• Data Processing Agreement: We have a contract with OpenAI requiring them to protect your data
• Comparable Standards: OpenAI maintains privacy protections comparable to New Zealand law
• Security Certifications: OpenAI holds SOC 2 Type II certification for data security
• GDPR Compliance: OpenAI complies with European GDPR standards (equivalent to or exceeding NZ requirements)
• Transparency: We clearly disclose this transfer to you (as required by IPP 3)

5. Other Information We Collect

Automatically Collected Information:

• Device Information: IP address, browser type, operating system, device type
• Usage Data: Pages visited, time spent on site, referral source, clickstream data
• Session Data: Unique device ID (randomly generated), session timestamps

Cookies and Tracking Technologies:

We use the following cookies and tracking technologies:

• Essential Cookies: ChatKit session cookies to maintain your conversation state (required for functionality)
• Analytics Cookies: Google Tag Manager (GTM-N57MBFF3) to understand how visitors use our site
• Marketing Cookies: Facebook Pixel (if enabled) for advertising campaign tracking

You can control cookies through your browser settings, but disabling essential cookies will prevent the chatbot from functioning properly.

6. How We Use Your Information

We use your personal information for the following purposes:

• To qualify you for our probate services through AI-assisted conversation
• To provide personalized recommendations and next steps
• To follow up with qualified leads via email or phone
• To process applications submitted through our Gavel.io portal
• To schedule consultation appointments via Calendly
• To improve our AI chatbot's accuracy and user experience
• To analyze website performance and visitor behavior
• To comply with legal obligations and prevent fraud
• To send service updates and important notices (if you become a client)

7. Information Sharing and Disclosure

We share your personal information with the following third parties:

Service Providers:

• OpenAI (ChatKit): AI chatbot platform processing all conversation data
• Vercel: Website hosting and serverless function provider
• Gavel.io: Client intake and application portal (for qualified leads)
• Calendly: Appointment scheduling system (if you book a consultation)
• Google: Analytics and tag management (Google Tag Manager)
• Facebook/Meta: Advertising pixel for campaign tracking (if enabled)

Legal Disclosures:

We may disclose your information if required by law, court order, or government authority, or to:

• Comply with legal process or regulatory requirements
• Protect our rights, property, or safety
• Prevent fraud, security threats, or illegal activity
• Enforce our Terms of Service

8. Data Retention

We retain your personal information for different periods depending on its purpose:

We retain information only as long as necessary to fulfill the purposes outlined in this policy, or as required by law (including accounting, tax, and legal obligations).

9. Your Rights Under the Privacy Act 2020

You have the following rights regarding your personal information:

To exercise any of these rights, please contact our Privacy Officer at rion@rionnorris.com or +64 27 603 6144. We will respond to your request within 20 working days as required by the Privacy Act 2020.

10. Data Security

We implement appropriate technical and organizational measures to protect your personal information against unauthorized access, loss, misuse, or alteration:

• Encryption: All data transmitted between your browser and our servers is encrypted using HTTPS/TLS
• Access Controls: Limited employee/contractor access to personal information on a need-to-know basis
• Secure Hosting: Infrastructure hosted on Vercel with enterprise-grade security
• Third-Party Security: OpenAI maintains SOC 2 Type II certification and industry-standard security practices
• Regular Reviews: Periodic security audits and updates to our practices

However, no method of transmission over the internet or electronic storage is 100% secure. While we strive to protect your information, we cannot guarantee absolute security.

11. Privacy Breach Notification

In accordance with the Privacy Act 2020, if we become aware of a notifiable privacy breach (a breach that causes, or is likely to cause, serious harm to affected individuals), we will:

• Notify the Office of the Privacy Commissioner as soon as practicable after becoming aware of the breach
• Notify affected individuals unless it would not be reasonably practicable to do so
• Provide details about the breach, the information affected, and steps being taken
• Offer guidance on steps you can take to protect yourself

Our target is to notify within 72 hours of becoming aware of a notifiable breach.

12. Children's Privacy

Our services, including the AI chatbot, are intended for adults aged 18 years and older. We do not knowingly collect personal information from individuals under 18.

If we become aware that we have collected information from a minor, we will take steps to delete that information promptly. If you believe we have collected information from a minor, please contact our Privacy Officer immediately.

13. Changes to This Privacy Policy

We may update this Privacy Policy from time to time to reflect changes in our practices, technology, legal requirements, or other factors. When we make material changes, we will:

• Update the "Last Updated" date at the top of this policy
• Notify you via email if we have your contact information
• Display a prominent notice on our website
• Request your consent if required by law

We encourage you to review this Privacy Policy periodically. Your continued use of the AI chatbot after changes indicates acceptance of the updated policy.

14. Contact Information

If you have any questions, concerns, or requests regarding this Privacy Policy or our data practices, please contact our Privacy Officer:

15. Office of the Privacy Commissioner

If you are not satisfied with our response to your privacy concern, you have the right to make a complaint to the Office of the Privacy Commissioner: