Privacy Policy

We, Behaviour Support Data Analysis Program Pty Ltd ACN 657 335 227, respect your privacy, are committed to protecting it and are required to have a privacy policy in accordance with the Privacy Act 1988 (Cth) (our Privacy Policy). 

Our Privacy Policy outlines what kind of personal information we may collect from you or that you may provide from us on:

  1. bsdap.com.au (the Website);
  1. the Behaviour Support Data Analysis Program application (the App); 
  1. any of our related products and services 

(our Services)

and how we handle this information. 

This Privacy Policy forms a legally binding contract between Behaviour Support Data Analysis Program Pty Ltd ACN 657 335 227 (us/we/our) and you, the user (you/user).

If you access our Services on behalf of an Eligible Participant, you represent to us that you are that participant’s correspondence nominee (and in which case the terms you or user refers to the Eligible Participant), and if you do not have such authority, or if you do not agree with the terms of this Agreement you must.

This Privacy Policy should be read in conjunction with the Services terms and conditions (the Agreement).

In this Privacy Policy:

Personal Information is information or an opinion about an identified individual, or an individual who is reasonably identifiable, regardless of whether the information or opinion is true or not, and what form it is recorded in. 

Sensitive Information is a subset of Personal Information, that is information or an opinion about any of the following about an individual:

  • race or ethnic origin; 
  • political opinions; 
  • membership of a political association; 
  • religious beliefs; 
  • membership of a professional trade association; 
  • membership of a trade union; 
  • sexual orientation or practices; 
  • a criminal record; or
  • health information. 

Health information is information or opinion about: 

  • the health, including illness, disability, injury, (at any time) of an individual; or 
  • an individual’s expressed wishes about the future provision of health services to the individual; or 
  • a health service provided, or to be provided, to an individual.

Or other personal information collected to provide, or in providing, a health service to an individual. 

Terms defined in the Agreement and used in this Privacy Policy have the same definition as in the Agreement.

  1. What information we collect 

When you access the Services, our servers automatically record information that your browser or device sends – that data may include information such as your device’s IP address and location, browser and device name and version, operating system type and version, language preferences, the webpage you were visiting before you accessed the Services, pages of the Services that you visit, the time spent on those pages, the information you search for on the Services, access times and dates and other statistics.

Information collected automatically is used only to identify potential causes of abuse and establish statistical information regarding the usage and traffic of the Services, and this statistical information is not otherwise aggregated in such a way that would identify any particular user.

We may collect Personal Information about you when it is reasonably necessary for, or directly related to, our functions and activities. 

We may collect sensitive information about you if: 

  • you consent through use of the Services; 
  • collection is authorised or required by law; or 
  • collection is otherwise allowed under the Privacy Act. 

Personal Information we may collect about you includes your: 

Registration Information, including: 

  • Name;
  • Address;
  • Gender;
  • Date of birth; and
  • Contact details. 

Self-reported information, including: 

  • Diseases, 
  • Health related information; 
  • Traits; 
  • Ethnicity; 
  • Family history; or 
  • Any other information you choose to provide us. 

Behavioural information, being data provided by Users about behavioural incidents for logging and analysis. 

Web-Behavioural information, including: 

  • How you use the Services; 
  • Log files; 
  • Cookies;
  • Device information; 
  • Device ID; 
  • IP address;
  • Browers type and location; and 
  • Domains. 

If you wish not to be identified or to use a pseudonym, this change can be made in your account settings, please discuss this with your practitioner and support network to ensure they are aware that they are listed under a different name.

  1. How we collect information

We collect information through Users interacting and engaging with the App and other parts of our Services. 

When your information is collected by a third party and provided to us, we will take all reasonable and necessary steps to inform you of such. 

  1. Why we collect information 

We collect personal information when it is reasonably necessary for delivering our Services. 

In order to make the Services available to you, or to meet our legal obligations, we may need to collect and use certain Personal Information.  If you do not provide the information that we request, we may not be able to provide you with the requests services.

The Personal Information we collect from you may be used for the following purposes:

  • to deliver our Services;
  • to improve our Services;
  • to send product and service updates;
  • to respond to legal requests and prevent harm;
  • to operate the Services.
  1. How we store personal information 

The data we collect must be retained for seven (7) years generally. 

If you elect to terminate the services of the App, the data must be retained for three (3) years following this termination. 

During this period, you will be able to extract data for your own records. 

  1. How we share information 

We will not use or disclose your Personal Information for any reason that is beyond the scope of what is reasonably necessary for delivering our Services (the Primary Purpose), unless:

  • we obtain your consent to do so and the disclosure is such that ought to be reasonably expected by you, and the secondary purpose is directly related to the Primary Purpose; or
  • use or disclosure is authorised or required by Australian Law or a Court/Tribunal order; or 
  • the Privacy Act otherwise allows disclosure; or 
  • we reasonably believe that disclosure of the Personal Information is reasonably necessary for one or more enforcement related activities conducted by, or on behalf of, an enforcement body. 

If we disclose Personal Information in relation to enforcement related activities we will advise of such by written notice. 

  1. Marketing 

We will not use or disclose any Personal information held for the purpose of direct marketing, unless you consent to us doing so. 

  1. How to access and correct information about you 

You have the right to seek access to the Personal Information we hold about you, and request that we correct Personal Information that we hold about you.

If you request access to your Personal Information, we must give you access, and take reasonable steps to correct information we consider is incorrect, unless prohibited to do so by law. 

Circumstances where we may refuse to give access to your Personal Information include where: 

  • we reasonably believe giving access would result in harm to you or public health/safety; 
  • access would reasonably impact another person’s privacy; 
  • the request is frivolous or vexatious;
  • the information relates to current legal proceedings between us and you, and would not be accessible through discovery in those proceedings; 
  • giving access would reveal our intentions relating to negotiations with you that would prejudice those negotiations; 
  • giving access would be unlawful; 
  • denying access is required by an Australian law or court/tribunal order; 
  • there is reasonably suspicion of unlawful activity/misconduct of a serious nature in respect to our functions and giving access would likely prejudice the taking of appropriate action; 
  • giving access would prejudice enforcement related activities (e.g. police investigations);  or
  • giving access would reveal evaluative information generated by us in connection with a commercially sensitive decision-making process.
  1. Cookies

The Services use “cookies” to help personalise your online experience.  A cookie is a text file that is paced on your device by a web page server.  Cookies cannot be used to run programs or deliver viruses to your computer.  Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.

We may use cookies to collect, store and track information for security and personalisation, and for statistical purposes.  Please note that you have the ability to accept or decline cookies.  Most web browsers automatically accept cookies by default, but you can modify your browser settings to decline cookies if you prefer.

  1. Information security

We secure your Personal Information on servers in a controlled, secure environment, protected from unauthorised access, use or disclosure.  We maintain reasonable appropriate administrative, technical and physical safeguards in an effort to protect against unauthorised access, use, modification and disclosure of Personal Information in our custody and control.  No data transmission over the internet or wireless network can be guaranteed.

While we strive to protect your Personal Information, you acknowledge and agree:

  1. there are security and privacy limitations of the internet beyond our control;
  1. the security, integrity and privacy of any and all information and data exchanged between you and the Services cannot be guaranteed; and
  1. any such information and data may be viewed or tampered with in transit by a third party, despite our best efforts.

As the security of Personal Information depends in part on the security of the device you use to communicate with us and the security you use to protect your credentials, please take appropriate measures to protect this information.

  1. Breach

In the event we become aware the security of the Services has been compromised or your Personal Information has been disclosed to unrelated third parties as a result of external activity, including but not limited to security attacks or fraud, we reserve the right to take reasonably appropriate measures, including but not limited to, investigation and reporting, as well as notification to and cooperation with law enforcement authorities.

In the event of a data breach we will make reasonable endeavours to notify affected individuals if we believe that there is a reasonable risk of harm to you as a result of the breach or if the notice is otherwise required by law, and where we do we will contact you.

  1. Changes and amendments

We reserve the right to modify this Policy or its terms related to the Services at any time at our discretion. When we do were will revise the updated date at the bottom of this page and/or send you an email to notify.

An updated version of this Policy will be effective immediately upon the posting of the revised Policy unless specified otherwise.  Your continued use of the Services after the effective date of the revised Policy (or such other act specified at that time) will constitute your consent to those changes. However we will not, without your consent, use your Personal Information in a matter materially different than what was stated at the time your Personal Information was collected.

  1. Overseas disclosure 

We may disclose your Personal Information overseas where such disclosure is required by law. 

Otherwise, we will not disclose your Personal Information outside of Australia.

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