1. INTRODUCTION
1.1 Batyr Australia Limited (ABN 51 152 952 737) (“batyr”, “we”, “us”,“our”) handles personal information in accordance with the Privacy Act 1988 (Cth) and, where applicable, State or Territory legislation. The relevant privacy legislation regulates the collection, use and disclosure of personal information.
1.2 batyr provides programs that train young people to speak about their personal experience with mental ill health and start a conversation in their community. batyr also runs programs in schools, universities, workplaces and the community using young speakers with a lived experience of mental ill health to engage, educate and empower other young people to reach out for support and to the great mental health services around them.
1.3 If you are under 15 years of age, you will need the consent of your parent or guardian before disclosing your personal information to us. By continuing to use the batyr website or application (“Site”), or by engaging otherwise with batyr, you are confirming that you consent to this PrivacyPolicy, (or if you are under 15 years of age, that your parent or guardian has provided consent).
1.4 batyr’s main purposes for collecting, holding, using and disclosing personal information are to:
(a) identify you and assist you in your use of a batyr Site or program;
(b) develop, tailor and provide our programs, including (but not limited to), our applications and preventative mental health education programs in the area of young people’s mental health;
(c) provide and promote other batyr goods and services to you. You can unsubscribe from marketing communications at any time if you no longer wish to receive them;
(d) accept and process donations or bequests from you;
(e) obtain products or services from our suppliers;
(f) respond to enquiries from you and to send you information about what we do;
(g) process and assess employment applications;
(h) undertake research and surveys and analyse statistical information;
(i) conduct customer research (including but not limited to user feedback)to develop our products;
(j) monitor and analyse use of the Sites and other Site statistics;
(k) perform maintenance of the Sites; and
(l) promote relevant third party mental health provider services to you.
If we do not collect your personal information, we may not be able to carry out the purpose(s) for which we sought to collect that information. Importantly, we do not collect any personal information we do not need.
2. WHAT IS PERSONAL INFORMATION?2.1 For the purposes of this Privacy Policy, ‘personal information’, ‘sensitive information’ and ‘health information’ have the meanings given to it in the Privacy Act 1988 (Cth).
3. WHAT KINDS OF PERSONAL INFORMATION DOES BATYR COLLECT?
3.1 batyr will interact with you by your first name, or by your preferred name, pseudonym or anonymously if you prefer, whenever it is practicable to do so, but that may not always be possible or appropriate, such as where we need to contact you.3.2 Examples of the types of personal information batyr may collect include:
(a) your name, age or date of birth and location;
(b) your contact details and emergency contact details;
(c) if you are under 15 years of age, your parent or guardian’s name and contact details;
(d) statistical information about your ethnicity and language spoken, medical and disability information;
(e) information about school or university enrolment;
(f) information about your employment status;
(g) information about your life, health, welfare, problems, goals, thoughts and feelings. This may include information regarding your personal story and the services that you’ve accessed to support your mental health. It may also include your thoughts, comments and feelings relevant to evaluation of our programs;
(h) payment information;
(i) other personal information disclosed by way of a video or story that you upload to a Site;
(j) details of professional mental health supports that you choose to give us, such as a GP or psychologist; and
(k) data collected for statistical and maintenance purposes, to enable us to evaluate the performance of our Sites. This may include the number of users visiting such Sites, the time and duration of visits, and the path taken through the Sites.
4. HOW DOES BATYR COLLECT PERSONAL INFORMATION?
4.1 Generally, batyr collects your personal information, including sensitive information, from you directly, in person or online. Sensitive information will only be collected with your consent. batyr may collect your personal information when you:
(a) register on a Site or for a program;
(b) upload information, photos, or video material to a Site about your own experiences; and
(c) use a Site or attend a program.
4.2 In relation to the use of a Site, we may collect personal information through the use of:
(a) ‘cookies’, which are used to provide you with tailored information from a Site. Use of cookies is an industry standard used by most major websites. A cookie is an element of data that a website can send to your Internet browser, which may then store the cookie on your PC or computer system. Our Site uses cookies so that you can take full advantage of our services, and so we can better serve you when you return to our Site. You can disable the collection of cookies on your internet browser; and
(b) third party tracking and tag manager software. This may result in the collection of the following types of information:(i) general Site usage, including button clicks, page views, general location of users;
(ii) interests of users; and
(iii) crashes and exception reporting for system monitoring.
4.3 In addition:
(a) we may implement and use display advertising;
(b) we may use re-marketing with Google Analytics and/or Bing Ads to advertise online; and
(c) third party vendors, including Google Analytics and Bing Ads, may show our ads on sites across the internet.Users can opt out by utilising Google’s Opt-Out Browser Add on (https://tools.google.com/dlpage/gaoptout/) and/or AdsPreferences Manager (https://www.google.com/settings/ads/).
4.4 In some circumstances, batyr may collect personal information from other organisations (such as your school or university), however in doing so, we will take reasonable steps to ensure that:
(a) you are aware that we have collected the information and the circumstances of the collection; and
(b) if the relevant information is sensitive or health information, we have obtained your consent to collect it.
4.5 If you are aged under 15 years, in limited circumstances we may collect your personal information from your parent or guardian.
5. HOW DOES BATYR USE OR DISCLOSE PERSONAL INFORMATION?
5.1 Unless you consent or it is otherwise permitted by law, batyr will only use and disclose your personal information (including to third parties) for the purpose for which it was collected (as outlined at paragraph 1.3 above) or otherwise with your consent.
5.2 Examples of situations in which we might disclose your information to third parties include the following:
(a) to government bodies, other mental health care organisations, universities or other research bodies for research and service provision purposes but only in a de-identified format;
(b) to our business partners and service providers who assist us in the provision of our products and services to you, including, for example, support service providers or government agencies;
(c) if the personal information is a government identifier, where the disclosure of the identifier is reasonably necessary for us to verify your identity for the purposes of our activities or functions or as otherwise required by law;
(d) where the assets and operations of our business are transferred to another party as a going concern;
(e) to inform users of the Site about professional mental health support services available in an area;
(f) where it is required to maintain our records or Site/s;
(g) for the administration of any of our processes and processing of payment;
(h) where we believe that the disclosure is necessary to lessen or prevent a serious threat to life, health or safety of any individual, or to public health or safety, (including where it is unreasonable or impractical for us to obtain your consent);
(i) where we have reason to suspect that unlawful activity, or misconduct of a serious nature, is being engaged in and reasonably believe that it is necessary in order for us to take the appropriate action in relation to the matter;
(j) where we believe that the disclosure is reasonably necessary for enforcement activities (such as investigation, prosecution or punishment of criminal activities) conducted by, or on behalf of, an enforcement body (e.g.the Australian Federal Police, the Australian Crime Commission, Customs etc); or
(k) we are otherwise required by law.
5.3 Generally, batyr will only disclose your personal information to third parties overseas if that country has similar privacy laws to those in Australia or if batyr has an agreement in place with that third party to ensure that such third party can meet the relevant Australian privacy laws.
5.4 When we disclose information to persons located overseas, we require that these parties take appropriate measures to protect that information, and we restrict how they can use that information. The privacy policies of our third-party service providers can be made available on request.
6. HOW DOES BATYR HOLD AND SECURE PERSONAL INFORMATION?
6.1 Personal information, including sensitive information and health information, may be held in electronic databases owned by our third party service providers in Australia and overseas and in physical files at batyr’s office.
6.2 batyr will retain your personal information for as long as necessary and allowed by law, and take appropriate technical, organisational and physical measures to keep your personal information secure. This includes utilisation of online systems with password protection. We only permit our authorised personnel to access your personal information.
7. EXTERNAL LINKS
7.1 Our Site/s may contain links to other websites. We are not responsible for the privacy practices of other websites, and make no warranty as to the accuracy or content of such sites.
8. HOW DO YOU REQUEST ACCESS OR AMENDMENTS TO YOUR PERSONAL INFORMATION?
8.1 You may make a request in writing to access personal information batyr holds about you and you may request corrections be made to that information by contacting hello@ourherd.io. If you believe that any personal information we hold about you is not accurate, complete, or up-to-date, it is important that you contact us as soon as possible.
8.2 You may also ask batyr whether we hold any personal information about you and whether we have disclosed that information.
8.3 batyr will generally provide you with access to any personal information held about you on request. In limited circumstances however, access may be refused if required or permitted by law. If batyr does not provide you with access, we will explain the reason for this in writing.
8.4 batyr will take reasonable steps to correct any personal information that is inaccurate, out of date, incomplete, irrelevant or misleading and to advise any person we have disclosed the information to about the amendment provided it is reasonably practicable to do so.
8.5 If batyr does not correct your personal information when you have asked us to do so, you may ask batyr to take reasonable steps to attach a statement to the information about the correction you sought.
8.6 batyr will not charge you for making an application to access your personal information but may charge a reasonable fee to cover the cost of retrieval of your personal information, such as administrative or photocopying costs. batyr will advise you if such a charge applies before proceeding with your request.
9. COMPLAINTS AND FURTHER ENQUIRIES
9.1 Specific enquiries, concerns, complaints or requests regarding privacy or this Privacy Policy should be directed to the Managing Director of batyr (email hello@ourherd.io). We will investigate your complaint and work with you to ensure your complaint is properly resolved. If you believe your complaint has not been properly resolved, you may contact the Office of the Australian InformationCommissioner.10.
10. POLICY ADMINISTRATION DETAILS
Date last updated: August 2020 Version Number: 3
Privacy Policy changes, updates or amendments: This Privacy Policy maybe rescinded, changed or replaced at any time at the absolute discretion of the Chief Executive Officer of batyr or their authorised delegate.
Status of Privacy Policy: The terms of this Privacy Policy are not intended to be contractual in nature and do not form part of any worker’s contract of employment or engagement.
