PRIVACY POLICY

Doula Spirit Pty Ltd (ACN 125 643 030) T/A Australian Doula College

1 RELATIONSHIP TO AGREEMENTS

To the extent that it is incorporated by reference into any agreement between you and us, such as website terms and conditions, the terms of this policy form part of that agreement (ADC Agreement).

2 DEFINED TERMS

(a) This clause 2 defines terms used in this policy. Other terms are defined elsewhere in this policy.

(b) ADC or Australia Doula College means Doula Spirit Pty Ltd (ACN 125 643 030) T/A Australian Doula College.

(d) Client means a person or entity to whom you supply goods or services.

(e) collect includes to hold or store following collection.

(f) disclose may include to transfer.

(g) Health Information is Personal Information about you or a Client that is collected in relation to an ADC Agreement or a health service (if any) that you supply to the Client, including information about your or the Client’s health, organ donation intentions, genetic attributes and the health services supplied or to be supplied to the Client.

(h) Health Reasons means any of the following:

Collection of Health Information if necessary to provide a health service to the relevant individual and the collection is required or authorised by or under an Australian law or the information is collected in accordance with rules established by competent health or medical bodies that deal with obligations of professional confidentiality which bind the organisation (Professional Health Rules).
Collection of Health Information if: (a) necessary for research relevant to public health or safety, the compilation or analysis of statistics relevant to public health or safety, or the management, funding or monitoring of a health service; and (b) de-identified information would not be adequate for that purpose; and (c) it is impracticable to obtain the individual’s consent; and (d) the collection is required by or under an Australian law or the information is collected in accordance with Professional Health Rules or an approved APP guideline.
Use or disclosure of Health Information if: (a) the use or disclosure is necessary for research or the compilation or analysis of statistics, relevant to public health or safety; and (b) it is impracticable to obtain the individual’s consent; and (c) it is conducted in accordance with an approved APP guideline; and (d) in the case of disclosure – it is reasonably believed that the recipient of the information will not disclose the information.
Use or disclosure of genetic information if: (a) the information was obtained in the course of providing a health service to an individual; and (b) it is reasonably believed that the use or disclosure is necessary to lessen or prevent a serious threat to the life, health or safety of another individual who is a genetic relative of the first individual; and (c) the use or disclosure is conducted in accordance an approved APP guideline; and (d) in the case of disclosure – the recipient of the information is a genetic relative of the first individual.
Disclosure of Health Information if: (a) a health service is provided to the individual; and (b) the recipient of the information is a responsible person for the individual; and (c) the individual is physically or legally incapable of giving consent to the disclosure or physically cannot communicate consent to the disclosure; and (d) another individual (the carer) providing the health service is satisfied that either the disclosure is necessary to provide appropriate care or treatment of the individual or) the disclosure is made for compassionate reasons; and (e) the disclosure is not contrary to any wish expressed by the individual before the individual became unable to give or communicate consent and of which the carer is aware, or of which the carer could reasonably be expected to be aware; and (f) the disclosure is limited to the extent reasonable and necessary for a purpose mentioned in sub-item (d) above.

(i) Legal Reasons means any if the following:

It is unreasonable or impracticable to obtain your or the individual’s consent and the collection, use or disclosure of the Personal Information is necessary to lessen or prevent a serious threat to an individual’s life, health or safety, or a serious threat to public health or safety.
We believe the collection, use or disclosure of the Personal Information is necessary in order for us to take appropriate action if we have reason to suspect unlawful activity or serious misconduct in relation to our functions or activities has been or is being engaged in.
The collection, use or disclosure of the Personal Information is required or authorised by or under an Australian law or a court / tribunal order.
The collection, use or disclosure of the Personal Information is reasonably necessary for the establishment, exercise or defence of a legal or equitable claim.
The collection, use or disclosure of the Personal Information is reasonably necessary for the purposes of a confidential alternative dispute resolution process.
We reasonably believe that the use or disclosure of the Personal Information is reasonably necessary for enforcement related activities by an enforcement body.

(j) Personal Information is information about an identified individual or an individual who is reasonably identifiable, including Sensitive Information.

(k) Sensitive Information is Health Information, or Personal Information of a sensitive nature, such as information about race, ethnicity, political opinion, religious beliefs or sexuality.

(l) Student has the same meaning as in the relevant ADC Agreement.

(m) use may include to disclose or transfer.

(n) we means Doula Spirit Pty Ltd (ACN 125 643 030) T/A Australian Doula College.

(o) you means:

the individual who has entered into the relevant ADC Agreement or, if the person who has entered into the ADC Agreement is an entity (eg a company) and not an individual, then in this policy you means any individual connected with the entity and who supplies Personal Information to us in the course of the entity’s performance of the ADC Agreement; or
the individual reading this policy, if that individual is also an individual in relation to whom we must, pursuant to the Privacy Act 1988 (Cth), abide by this policy.

3 COLLECTION

3.1 Collection

(a) We collect Personal Information:

when you or a Client provide it to us in the course of forming and performing an ADC Agreement, such as when completing information fields (eg name, email address, phone number) when you become a Student of ADC or participant in the Agency;
in the course of our performance of an ADC Agreement; and
in relation to IP address or cookies, if using our website.

(b) We collect Personal Information in the nature of Health Information and potentially other Personal Information.

(c) In relation to each Client in respect of whom you collect, and we thereby indirectly collect, Health Information, you must obtain, and you continuously warrant that you have obtained, that Client’s consent to the collection of the Health Information.

(d) We hold Personal Information on internet servers operated by hosting service providers. We have entered into services agreements with those service providers.

3.2 Reasons

(a) We collect only such Personal Information as we need to collect in order to supply our services. To the extent (if any) that the Personal Information is Sensitive Information, we will not collect that information without consent. To the extent that we do not need to collect Personal Information, you are not obliged to provide that information to us.

(b) Specifically, we collect Personal Information (as relevant):

to enter into contractual relations with you, eg an ADC Agreement;
to identify you as a party to an ADC Agreement;
to supply our services to you;
to enable you to use any goods we may supply;
to assist us to improve our services;
for Health Reasons (as applicable);
for Legal Reasons (as applicable); and
to otherwise comply with our obligations under law, such as anti-money laundering law.

(c) If you do not enable or permit us to collect this Personal Information, then we may not be able to all of the things set out in paragraph (b).

3.3 Collecting entity

The entity collecting Personal Information is Doula Spirit Pty Ltd (ACN 125 643 030) T/A Australian Doula College of Level 5, 203-233 New South Head Road, Edgecliff NSW 2027.

4 USE OF PERSONAL INFORMATION

(a) We use Personal Information to supply our services to you and to send you communications about these matters, such as administrative notices. Our services themselves may involve your use of Personal Information to send communications to Clients.

(b) By entering into an ADC Agreement, you consent to our using Personal Information to market our services to you, such as by adding you to our mailing list and notifying you of promotional offers. You may withdraw this consent at any time at no cost. All our direct marketing communications will include an unsubscribe or other opt-out mechanism. If you provide your IP address or cookies to us, you thereby also consent to our using that Personal Information to market services to you by way of displaying targeted banners or similar. You have control over whether you provide cookies or an IP address to us. We will not use Sensitive Information (if any) in relation to direct marketing without consent.

(c) We may also use Personal Information for compiling general information that is not itself Personal Information (General Information). General Information may include aggregated statistical information about your and Clients’ attributes, interests and activities. We may use General Information to, among other things, better understand our clients’ needs and improve our services.

(d) We may also use Personal Information for Health Reasons or Legal Reasons.

5 DISCLOSURE & TRANSFER OVERSEAS

5.1 Disclosure by us

(a) Generally speaking, we will disclose Personal Information only to sub-contractors supplying us with hosting facilities and financial institutions supplying us with payment facilities. We do this so that those parties can provide their services to us, enabling us in turn to supply our services to you.

(b) We will not disclose your Personal Information to any third party for direct marketing purposes.

(d) We may disclose General Information to any person for any commercial purpose.

5.2 Transfer overseas

We may transfer your Personal Information to a person or organisation in a foreign country, but only if one of the following applies:

we have taken such steps as are reasonable in the circumstances to ensure that the overseas recipient does not breach the Australian Privacy Principles (APPs) under the Privacy Act 1988 (Cth) (Overseas Compliance);
we reasonably believe that the recipient of the information is subject to a law, or binding scheme, that has the effect of protecting the information in a way that, overall, is at least substantially similar to the way in which the APPs protect the information and there are mechanisms that you or the relevant individual can access to take action to enforce that protection of the law or binding scheme;
we tell you that Overseas Compliance will not apply and you or the relevant Client consent to the transfer; or
the disclosure of the information is required or authorised by or under an Australian law or a court / tribunal order.

6 ACCESS

(a) You will be able to access Personal Information about you by contacting us or, for subscribers under a subscriber agreement, by logging into your subscriber account. If we provide access to the information, we will do so within a reasonable time.

(b) Notwithstanding paragraph (a), we may not grant you access to Personal Information for reasons including:

if doing so would have an unreasonable impact on the privacy of other individuals;
if the request for access is frivolous or vexatious;
giving access would reveal evaluative information generated within ADC in connection with a commercially sensitive decision-making process; or
for Legal Reasons or similar reasons.

7 INTEGRITY & SECURITY

7.1 Integrity

(a) We will take reasonable steps to ensure that Personal Information that we collect, use or disclose is accurate, complete, up-to-date, relevant and not misleading (together, satisfactory).

(b) If you believe that the Personal Information we hold is not satisfactory, you may contact us and ask us to correct the information.

(c) If you demonstrate to us that Personal Information held by us is not satisfactory, we will, within a reasonable time, take reasonable steps to correct the information. If you claim that such information is not satisfactory and we disagree, we will notify you of our reasons and, at your request, accompany the information with a note stating your position about the information.

(d) If we correct information that was not satisfactory and we have previously disclosed that information to a third party, we will take reasonable steps to notify that third party.

7.2 Security

We will take reasonable steps to protect Personal Information from misuse, loss, unauthorised access, modification or disclosure.

8 DISPOSAL

(a) We will take reasonable steps to destroy, disable access to or permanently de-identify Personal Information if we no longer need it for any purpose for which we would be permitted to use or disclose the information under the APPs.

(b) However, characteristics of information storage technology mean that it is not reasonably possible to delete every last remnant of information we have collected.

9 YOUR OBLIGATIONS

(a) In the course of your dealings with all Clients about whom we hold Personal Information disclosed to us by you, you must notify the Client in writing about (whether actively or by providing reasonable access to information), and in practice co-operate with, at least the following matters:

In the course of your use of our services, Doula Spirit Pty Ltd (ACN 125 643 030) T/A Australian Doula College of Level 5, 203-233 New South Head Road, Edgecliff NSW 2027 will indirectly collect Personal Information about the Client.
The Client is entitled to seek access to the Personal Information about them that is held by us. The Client may contact us directly or contact you in order that you forward the Client’s request to us.
Our indirect collection of the Client’s Personal Information is for the purpose of enabling us to supply your services to the Client.
Generally speaking, we will disclose a Client’s Personal Information only to sub-contractors supplying us with hosting facilities and financial institutions supplying us with payment facilities.

(b) You must not collect, use or disclose Health Information other than in accordance with the Privacy Act 1988 (Cth).

10 THIS POLICY

10.1 Principles of interpretation of this policy

(a) The principles of interpretation of an ADC Agreement (if any) apply to this policy insofar as they are relevant.

(b) Subject to paragraph (a), in this policy, unless expressly to the contrary and as appropriate in the context:

an expression in the plural may be read in the singular, and vice versa;
a reference to a thing or things includes a reference to any, some or all, or part or whole, of the thing or things;
a reference to an act includes an omission and to the causing to be done of that act or omission;
a reference to a person doing an act includes a reference to the doing of the act on behalf of the person;
a reference to one alternative does not, of itself, exclude any other alternative;
an expression of the exercise of a right means the exercise of that right at the sole and absolute discretion of the relevant party;
a list of rights is not to be read as an exhaustive list of rights;
a reference to a provision, clause or paragraph is a reference to a provision, clause or paragraph of this policy.

10.2 Variation

(a) We may vary this policy at any time by amending the version of this document accessible by you on a webpage on our website.

(b) We will take reasonable steps to notify you of material variations made pursuant to paragraph (a).

11 COMPLAINTS

(a) If you wish to complain about a potential breach of the APPs by us, or otherwise contact us, please email us at admin@australiandoulacollege.com.au.

(b) If we receive a complaint from you, we will handle the complaint in the following way:

We will acknowledge receipt of your complaint.
We will conduct an investigation of your complaint.
We will notify you of the outcome of our investigation.
We will provide you with basic information about further action that you may take if you are dissatisfied with the outcome of our investigation.