Definitions and interpretation

In this Privacy Policy capitalised terms have special meanings. Please refer to the Glossary in section 11 for the meanings of these terms.

Words such as "include", "including", "for example" "such as" and similar terms are not terms of limitation and do not limit the scope of the relevant subject.

A reference to "you" is a reference to a User, being either a Subscriber, or a Professional as the case requires.

Parties bound

You accept this Privacy Policy in the ways described in our End User Licence Agreement.

In addition to clause 2.1 you accept this Privacy Policy in each of the following events:

you access the Website;

you submit any information to us using any feature (such as an enquiry form) on the Website;

you send information to us using any Electronic Communication;

you respond to any survey, poll, or other request for information conducted by, or on behalf of Anytime Counselling Pty Ltd.

We may amend this Privacy Policy at any time by posting a revised version on the Website. The revised version will be effective at the earliest occurrence of any of the events that apply to you in clause 2.2, and if none of those occur prior, then the amended version will apply 7 days after we post the revised version on the Website. For avoidance of doubt, the current version will remain in effect until the amended version takes effect.

Anytime Counselling Pty Ltd is not bound to comply with the Australia Privacy Principles ("APPs"), and nothing in this Privacy Policy is to be read to impose any obligation beyond those stated in this document unless we have additional obligations under the Privacy Act 1988 (Cth), if any. The information below describes how we comply with such obligations.

You are responsible for the accuracy of any information that you provide to us for any purpose.

Upon accepting this Privacy Policy its provisions apply to information about you that we hold, and any information about you that we collect in the future.

What are the kinds of information that we collect

The information may include Personal Information, data on the pages you access, device identifiers, your location, standard web log data, Services related data, and other information as described in the following paragraphs of this clause 3.

Personal Information

Throughout this Privacy Policy, we use the term 'Personal Information' to describe information that can be associated with a specific person and can be used to identify that person. We do not consider Personal Information to include information that has been made anonymous and does not identify a specific person (including a User). Personal Information has the meaning provided in the Privacy Act 1988 (Cth) from time to time, which at the time of writing is in the following form:

"information or an opinion about an identified individual, or an individual who is reasonably identifiable:

whether the information or opinion is true or not; and

whether the information or opinion is recorded in a material form or not."

Sensitive information ' general

We will not collect, store, transmit or disclose sensitive information about you, unless it is reasonably necessary to perform our Services, and to facilitate the interaction between Users as contemplated by our End User Licence Agreement and this Privacy Policy.

Sensitive information - Subscribers

We do not require you to submit sensitive information (as defined in the Privacy Act 1988 (Cth)) to us while accessing our Services. Please note that while using our Services you may provide sensitive information to other users of the Website or the Payment Processor, but we do not have access to this information, and we will not store it or otherwise deal with it.

If you include any sensitive information (such as information about your physical or mental health) in any Electronic Communication to us, we reserve the right to delete that information. Please do not include sensitive information in any Electronic Communication to us.

For avoidance of doubt, if you use a search feature on the Website, and include sensitive information in a search, we do not associate this information with you.

Sensitive information - Professionals

We may require sensitive information (as defined in the Privacy Act 1988 (Cth)) from you before, during, or after you register with us. Such information may include personal identifiers, professional membership or registration information, criminal history or police reports, statutory licence or registration status, and anything else we deem necessary to evaluate your eligibility to provide Professional Services on the Website. We may use this sensitive information for any of the primary purposes or secondary purposes described in section 5.

If you enter any sensitive information into your profile, you understand that this may be published on the Website and would then be publicly accessible to visitors of the Website. You irrevocably authorise us to publish any information that you enter into your profile. Please note that you can edit your profile information at any time, but information that is published will have been disclosed to the public.

Web log data

Web log data incudes the browser type you're using and traffic to and from your browser or other access device.

In order to help protect you from fraud and misuse of your Personal Information, we may collect information about your use and interaction with the Website. For example, we may evaluate your computer, mobile phone or other access device to identify any malicious software or activity.

Services related data

Services related data includes:

data relating to the activities relating to your use of the Website, or

data (including meta-data) relating to Subscribers' use of Professional Services (please note that this does not include Session Data);

data (including meta-data) relating to Professional's interaction with Subscribers (please note that this does not include Session Data);

details relating to any communication otherwise completed by, or in relation to, you through the Website or our Services.

Enquires

If you submit a query or other information on the Website, without limitation we may collect the following types of information:

contact information, such as your name, address, phone, email and other similar information;

detailed Personal Information, such as your date of birth or other personal identifiers;

services related information, such as your gender, occupation, professional experience, interests, and others.

Third party data

We may also obtain any information about you from third parties such as credit bureaus, identity verification services, insurers, professional bodies or associations, government agencies, authentication services (for example if you use Single Sign-on), inbound marketing service providers, online marketing platforms (such as Google or Facebook), social media platforms, and providers of web-tracking data.

Other information

We may also collect additional information from or about you in other ways, such as through our support team, results when you respond to a survey or poll, and from interactions with any other person through the Website, through any of our social media accounts, or in person, or by phone, or through Electronic Communication in regard to our Services.

How do we collect and store information

Collection

We collect information that you provide to us when we communicate with you.

We collect information sent to us by your telecommunications carrier, internet provider, computer, mobile phone, or other access device when you:

contact us by phone;

receive or respond to messages from us, or send messages to us, using electronic systems including without limitation Electronic Communications or others;

download information, scripts, code, data, images, media, tokens, and other types of content from our servers;

make a booking;

provide or receive Professional Services as the case may be;

navigate to the Website, or any related pages with web browser;

submit any information using an enquiry form or by any other method provided on the Website;

otherwise use the Website to obtain information or Services from us.

In relation to the items above in clause 4.2, we collect the same information from our systems when you use the Website.

We collect web-tracking information from third parties about your information, product, and service preferences.

Storage

We store and process your Personal Information on our computers in Australia, and our contract service providers' computers in the United States of America, and other foreign countries.

We may also store information on your computer or other access device using Cookies.

How do we use Cookies

When you access the Website or communicate with us electronically, we may place small data files on your computer, or other device. These data files may be cookies, pixel tags, or other local storage provided by your browser or associated applications (collectively 'Cookies'). We use Cookies to:

identify you as a User

enable functionality on and to customise the Website and related content;

measure promotional effectiveness;

mitigate risk and prevent fraud; and

to promote trust and safety with our Users and the Website.

We may use both session and persistent Cookies. Session Cookies expire and no longer have any effect when you end your session on the Website or close your browser. Persistent Cookies remain on your browser until you erase them or they expire.

We may encode our Cookies so that we can interpret the information stored in them. You are free to decline our Cookies if your browser or browser add-on permits, but doing so may interfere with your use of the Website

We have no control over third party Cookies

You may encounter Cookies on websites that we do not control, and we are not responsible for third party websites or systems, even if you access such websites through the Website. For example, if you access a third party website through a link on the Website, there may be one or more Cookies placed by the third party web page or an application within it.

What are the purposes for which we collect, hold, use and disclose information

Primary purposes

Our primary purposes in collecting Personal Information include providing you and other Users with our Services and information about our Services, which include:;

Providing an introduction service for Subscribers to obtain Professional Services;

Registration of Professionals;

Registration of Subscribers;

Process and administer payments to Professionals;

Process and administer payments from Subscribers;

Providing our Quality Assurance Program; and

Facilitating introduction of Subscribers with Professionals;

Facilitating scheduling of Professional Services;

Facilitating delivery of Professional Services using the Website and various means of Electronic Communication;

Enforcing our End User Licence Agreement and any other terms of use that apply in the circumstances;

Making referrals, or causing Professionals to make referrals, to health service providers, emergency services, ambulance, fire-brigade, police, and other institutions and agencies as required (including where we deem the referral to be required in the relevant circumstances to meet health, safety, regulatory, professional, regulatory, or legal requirements, or any combination of these);

Complying with the law, including information requests from regulators and law enforcement agencies.

Secondary purposes

We may also use your Personal Information to (the secondary purposes):

send direct marketing to you (subject to clause 5.4);

provide the Website, our Services, and customer support;

resolve disputes, collect fees, and troubleshoot problems;

prevent potentially prohibited or illegal activities, and enforce our End User Licence Agreement, which can be viewed at https://anytimecounselling.com.au/terms

customise, measure, and improve the Website;

contact you:

at any telephone number, by placing a voice call or through text (SMS); or

by email messaging at any email address that you provide to us; or

by any means of Electronic Communication as requested or agreed by you; or

compare information for accuracy, and verify it with third parties; or

any other purposes that are essential or incidental to the primary purposes, and other secondary purposes set out above.

Consequences of not collecting information

If we cannot collect information from you for our primary purposes, and to the extent necessary our secondary purposes, it will likely be impossible for us to provide you with our Services, or information about our Services.

Direct marketing op-out

If you do not wish to receive marketing communication from us, outside of the Website then you may opt-out at any time by using the unsubscribe or opt-out feature contained in the communication that we send to you. Upon receipt of your opt-out request, we will no longer send you direct marketing information. Please note that such opt out does not affect any direct information request that you have made, or any correspondence relating to Services that we are providing to you, or may provide to you as a result of communication from you.

Combined data

We may combine information that we collect from you with information we collect from third parties and use it to improve our Services and personalise your experience on the Website, personalise and optimise content served up or delivered to you, and personalise any advertising or marketing information displayed on our Website or sent to you by other means of communication.

Aggregated data used for business development

De-identified information generated by the Website, which includes data relating to your use, and use by others, of the Website, is used by us for our internal business development purposes.

How and to whom do we disclose information

General

We may share (disclose or receive) your Personal Information with the following persons, or classes of persons (each an Authorised Recipient).

Related Entities (as defined by the Corporations Act 2001 (Cth).

Professionals with which you have made a booking, or otherwise obtained or requested their Professional Services;

Subscribers with whom you have provided, or are scheduled to provide, Professional Services;

Service providers under contract who help with our business operations such as fraud prevention, bill collection, payment processing, shipping and transport, marketing, analytics, tracking, and other technology services.

Companies that we plan to merge with or be acquired by. Should such a combination occur, we will require that the new combined entity follow this Privacy Policy with respect to your Personal Information. If your Personal Information could be used contrary to this policy, you will receive prior notice.

(in relation to Professionals) membership organisations with which you are a member, or owe professional obligations to;

Law enforcement, government officials, or other third parties pursuant to subpoena, court order, or other legal process or requirements applicable to Anytime Counselling Pty Ltd or any of its affiliates.

To law enforcement agencies, or contracted investigators, when we believe, in our sole discretion, that the disclosure of Personal Information is necessary to prevent physical harm or financial loss, to report suspected illegal activity, or to investigate violations of our End User Licence Agreement.

Other third parties with your consent or direction to do so.

We are not responsible for third parties or their websites

If you create an account, take membership on, or transact directly on a third party website or via a third party application, any information that you enter on that website or application will likely be shared with the owner of that website or application. These sites are governed by their own privacy policies and terms and conditions and you are encouraged to review their privacy policies before providing them with Personal Information. Anytime Counselling Pty Ltd is not responsible for the content or information practices of third parties.

We do not rent or sell your information to third parties for their marketing purposes

Anytime Counselling Pty Ltd will not sell or rent any of your Personal Information to third parties for their marketing purposes without your permission.

Do we disclose information to recipients outside Australia

Yes. We disclose information to Authorised Recipients who may be in other countries where the laws on processing Personal Information may be less stringent than in Australia. However, we will take reasonable steps, including entering into agreements with the relevant parties, to ensure the third parties do not breach the Australian Privacy Principles in relation to your Personal Information.

By submitting information to us, or otherwise accepting this Privacy Policy you consent to us making such cross border disclosures. These cross border disclosures will occur in the United States of America, and may also occur in other countries.

How you may contact us about information we hold

How you may access information that we hold

You can request a copy of the information we hold by contacting our Privacy Officer at privacy@anytimecounselling.com.au.

How you may seek to correct information that we hold

If you have questions or concerns regarding this Privacy Policy, you should contact us by: