Cure for MND Privacy Policy
Cure For MND Foundation
Neale Daniher
FreezeMND
Privacy Statement and Privacy Policy
1. GENERALLY
1.1. The Foundation is committed to abiding by the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs) it contains, in particular in relation to handling personal and/or sensitive information, credit information and health or medical information.
1.2. "Personal information" means information or an opinion about an identified individual whose identity is apparent or can be ascertained from the information or opinion – it does not matter whether the information or opinion is true or not.
1.3. “Sensitive information” is any information about a person’s individual preferences, race, religion, political opinions, affiliations, philosophy, memberships, health, genetic or criminal record i.e. details of a person’s life
1.4. All references to the Foundation in this policy also include its Directors, employees, contractors, volunteers and any other person who has access to the information collected.
2. CONSIDERATION OF PERSONAL INFORMATION PRIVACY
The aim of this policy is to ensure that the Foundation considers the privacy of information and to ensure that we manage information in an open and transparent way.
This policy recognises that an individual has to right to:
a. stop unwanted direct marketing
b. correct inaccurate information; and
c. complain about an organisation that has mishandled personal information.
2.1. Kinds of information the Foundation collects
a. The Foundation may collect both personal and sensitive information from individuals, organisations and other legal entities
b. The Foundation only collects sensitive information in circumstances where:
• the individual consents to the collection of the information; and
• the information relates to the activities of the organisation; or
• the information relates solely to individuals who have regular contact with the Foundation in connection with its activities.
2.2. The purposes for which the Foundation collects, holds, uses and discloses information
a. The Foundation holds and uses both personal and sensitive information collected, solely for the purpose of supporting and furthering its charitable objectives and fundraising in support of these charitable objectives; and
b. The Foundation does not disclose information it collects to any outside person, organisation or entity without the consent of the person providing the information.
2.3. How can an Individual access and correct their personal information held by the Foundation
a. An individual can access the information held by the Foundation about them including both personal and sensitive information by:
• requesting such access in writing; and
• supporting such a request with proof of identity.
b. An individual may request that any information held by the Foundation be corrected or altered by:
• requesting such access in writing; and
• supporting such a request with proof of identity
2.4. Making a complaint
a. An individual can complain about a breach of the APP’s related to the information held by the Foundation about them including both personal and sensitive information by following the Complaints Procedure outlined in paragraph 8.1 of this Policy:
b. The Foundation will consider every complaint received about a breach of the APP’s related to an individual’s personal information and will provide a response to that complaint in accordance with the Complaints Procedure.
2.5. Can the Foundation disclose personal information to overseas recipients?
The Foundation will not disclose information to any overseas recipient without the consent of the individual to whom the information relates.
3. ANONYMITY AND PSEUDONYMITY
3.1. Option of dealing with the Foundation anonymously or using a pseudonym
An individual has the option of dealing with the Foundation anonymously or through the use of a pseudonym in relation to any matter of involving information privacy through its website which allows online transactions communications and interactions unless:
a. The Foundation is required or authorised by or under an Australian law or a court/tribunal order to deal with individuals who have identified themselves; or
b. It is impractical for the Foundation to deal with individuals who have not identified themselves.
3.2. Freedom Of Speech
The Foundation allows and encourages freedom of speech though its website and social media sites except where the content is deemed to be offensive or inappropriate .
3.3. Collection of Solicited Information
a. Personal Information
The Foundation will only solicit and collect personal information:
• if the information is reasonably necessary for, or directly related to, one or more of the Foundation’s functions or activities; and
• directly from an individual unless it is unreasonable or impractical to do so
b. Sensitive Information
The Foundation will only solicit and collect sensitive information about an individual where:
• the individual consents; and
• the information is reasonably necessary for one or more of the Foundation’s functions or activities; or
• both of the following apply:
(i) the information relates to the activities of the organisation; and
(ii) the information relates solely to the members of the organisation, or to individuals who have regular contact with the organisation in connection with its activities.
4. NOTIFICATION OF THE COLLECTION OF PERSONAL INFORMATION NOT FROM THE INDIVIDUAL
4.1 Notifying the Individual
At or before the time the Foundation collects an individual’s personal information from a source other than the individual, the Foundation will take such steps as are reasonable in the circumstances to notify that individual:
a. whether the personal information has been obtained from someone other than the individual;
b. if the collection of the information is authorised or required by law;
c. the purposes for which the information is collected;
d. the main consequence(s) for the individual if the information if not collected;
4.2 Privacy Policy location
The Foundation’s Privacy Policy located at www.curemnd.org.au contains information about how the individual may access the personal information held, ascertain its correctness and obtain information about the complaints procedure.
5. DEALING WITH PERSONAL INFORMATION
5.1. Purpose of Collection
Where personal information is collected for a particular purpose, the Foundation will not use or disclose the information for another purpose (a secondary purpose) unless:
a. the individual has consented to this use or disclosure;
b. the individual would reasonably expect the Foundation to use or disclose the information for that secondary purpose and the secondary purpose is related to the original purpose the information was collected;
c. the use or disclosure is required or authorised by law or a court order; or
d. the Foundation reasonably believes that the use or disclosure of the information is reasonably necessary for a enforcement related activity
5.2. If the Foundation uses or discloses personal information as above, a centralised record must be kept of the use or disclosure on the computer server.
6. INTEGRITY OF PERSONAL INFORMATION
6.1. The Foundation will take all steps to ensure information collected is protected from:
a. misuse, interference and loss; and;
b. unauthorised access, modification or disclosure.
6.2. If the Foundation no longer needs the information for any purpose for which it was collected and is not obliged to retain the information by law then we must take such steps as are reasonable to destroy the information.
7. ACCESS TO PERSONAL INFORMATION
7.1. Access
On request the Foundation must provide any individual with access to information held related to them, provided they provide the Foundation with proof of identity unless:
a. the Foundation reasonably believes that giving access would pose a serious threat to the life health or safety of any individual or public health or public safety;
b. giving access will unreasonably impact the privacy of others;
c. the request for access is frivolous or vexatious;
d. the information relates to past or present legal proceedings and would not be accessible through discovery in those proceedings;
e. giving access would prejudice any negotiations or be unlawful;
f. denying access is required or authorised by or under Australian law;
g. both unlawful activity or serious misconduct is being engaged in and the giving of access would prejudice the taking of action in relation to the matter;
h. giving access would be likely to prejudice enforcement related activities conducted by or on behalf of an enforcement body; OR
i. giving access would reveal evaluative information generated in connection with a commercially sensitive decision making process.
7.2. When giving access to or correcting personal information, the Foundation will not charge an individual for such access or correction.
7.3. Time to comply with request for access
The Foundation will comply with any request for access within a reasonable period after the request is made and give access to the information in the manner requested by the individual if it is reasonable to do so.
7.4. If not giving access
If the Foundation refuses to give an individual access to information on the basis of one of the matters listed at paragraph 7.1 above then the Foundation will provide written notice of this refusal to the individual setting out:
a. the reasons for the refusal; and
b. the mechanisms available to complain.
7.5 Correction
If the Foundation believes that information collected and held may be inaccurate, incomplete, out of date, irrelevant or misleading or is the individual requests the Foundation to correct the information, the Foundation will take all reasonable steps needed to correct the information.
8. COMPLAINTS PROCEDURE
8.1. Complaints Procedure
a. Complaints about the Foundation’s handling and/or use of personal or sensitive information can be directed in writing to the Foundation at PO Box 1159, Robinson Victoria 3019 or by telephone (+61) 0417081776;
b. All complaints will be acknowledged within 7 days of receipts and an investigation undertaken;
c. The outcome of any investigation will be notified to the complainant within 14 days and appropriate remedial action where applicable will be undertaken within 28 days or as reasonably practicable.
d. If the complainant is not satisfied it is available to them to contact the Privacy Commissioner regarding any issue.
9. SERIOUS DATA BREACH
As soon as practicable after the identification of any serious data breach, the Foundation will take such steps as are reasonable in the circumstances to notify any individual affected as to the nature and extent of the breach in respect of any Personal or Sensitive information.
Contacting us
If you have any questions in relation to our Privacy Policy please contact us at:
Cure For MND Foundation
PO 1159
Robinson Vic 3019
Telephone: (+61) 0417081776
E-mail: admin@curemnd.org.au
TRAIL SOFTWARE, INC. PRIVACY POLICY
This Privacy Policy (this “Privacy Policy”) describes Trail Software’s (d/b/a Kindful) (“Trail Software”, “Kindful,” “we,” “us,” or” “our”) collection, use, and disclosure of “personal information” that may be collected by Kindful anytime you (“you” or “user”) visit our website, [https://www.kindful.com] (this “Site”). “Personal information” means information about an identifiable individual who can be directly or indirectly identified, which does not include information of an aggregate or anonymous nature where a specific individual or individuals cannot be identified.
BY SUBMITTING YOUR INFORMATION THROUGH THIS SITE, YOU CONSENT TO THIS PRIVACY POLICY AND TO KINDFUL’S) COLLECTION, USE, AND DISCLOSURE OF YOUR PERSONAL INFORMATION ACCORDING TO THE TERMS OF THIS PRIVACY POLICY. THIS SITE IS A GENERAL AUDIENCE SITE AND DOES NOT KNOWINGLY COLLECT PERSONAL INFORMATION FROM CHILDREN UNDER 13 YEARS OF AGE. IF YOU ARE UNDER 13 YEARS OF AGE, YOU ARE NOT PERMITTED TO USE THIS SITE.
This Privacy Policy is applicable only to this Site and does not apply to any third party websites or to other companies or persons. This Site may contain links to, and media and other content from, other sites. Because of the dynamic media capabilities of this Site, it may not be clear to you which links are embedded in this Site and which are embedded in third-party media or content. Kindful cannot and does not guarantee the privacy policies and practices of any third party. Kindful does not control, operate, or endorse any information, products, or services of any third-party websites that may be reached through links from this Site. The use of any personal information provided by you to such third party will be governed by that party’s privacy policy. If you are unsure whether a website is controlled, affiliated, or managed by Kindful, you should review the privacy policy at each linked website to determine how that site treats your personal information.
TRAIL SOFTWARE MAY CHANGE THIS PRIVACY POLICY FROM TIME TO TIME. THE REVISED POLICY WILL BE POSTED ON THIS SITE. Your continued use of this Site after Kindful posts a revised Privacy Policy signifies your acceptance of the revised Privacy Policy and your consent to Kindful’s collection, use, and disclosure of your personal information according to the terms of the updated Privacy Policy. It is therefore important that you review this Privacy Policy regularly to ensure you are updated as to any changes. This Privacy Policy was last revised on July 1, 2019.
Information we collect and how we may use it
If you are a customer of Kindful, we collect certain information about you in order to provide you with our donor management system and/or online payment service (the “Service”). When you register for the Service we will request some personal information such as your name and email address, and information about your organization such as the name of your organization, Tax ID, mailing address, and tax designation. Furthermore, if you are opening a merchant account, Kindful may also obtain information about you from third party sources, including, without limitation, consumer reporting agencies. This information is used to contact you about the services on our Site for which you have expressed an interest. As part of the Service, we may also collect donor information on behalf of your organization. Except as may be expressly set forth herein, we will not use any donor information collected on your behalf for any purpose other than to provide the Service. Any tax or financial information we collect is used only to bill you for the Service. If you purchase the Service by credit card, this information will be transmitted to our credit card merchant account provider, and may be forwarded to your credit card provider. We do not store credit card information.
If you are a donor for a Kindful customer, we collect certain information from you in order to process your donation (“Donor Information”). Kindful will use Donor Information during the course of providing the Service to such Kindful customer. Kindful may also use Donor Information at an aggregate level for internal business analyses and fraud prevention. During the course of providing the Service to Kindful customers, Kindful may disclose Donor Information to banks, processors, card associations, and other financial institutions that are involved in the course of processing or screening the transaction applicable to the Donor Information.
We may use personal information for internal purposes to provide you with other products and services, or to contact you regarding administrative notices or communications relevant to you on this Site. In addition, we may use personal information to provide or improve products or services that you have requested.
Please note that personal information does not include “aggregate” information, which is data we collect about a group or category of users, from which individual identities or other personal information has been removed. This Privacy Policy in no way restricts or limits our collection, use, or our ability to sell such aggregate information.
Additional Limits on Use of Google User Data: Notwithstanding anything else in this Privacy Policy, the following types of your Google data will be subject to these additional restrictions:
We will only use access to read Gmail message bodies (including attachments), metadata, headers, and settings to display emails to authorized users of Kindful and will not transfer this Gmail data to others unless doing so is necessary to provide and improve these features, comply with applicable law, or as part of a merger, acquisition, or sale of assets.
We will not use this Gmail data for serving advertisements.
We will not allow humans to read this data unless we have your affirmative agreement for specific messages, doing so is necessary for security purposes such as investigating abuse, to comply with applicable law, or for our internal operations and even then only when the data have been aggregated and anonymized.
When we disclose your information
Kindful takes your privacy very seriously. The information we collect is used to provide the Service, and, in general, is not shared with or sold to other organizations for commercial purposes. However, there are times when it may be advantageous for Kindful to make certain personal information about you available to companies that Kindful has a strategic relationship with or that perform work for Kindful to provide products and services to you on our behalf. These companies may help us process information, deliver products or services to you, provide customer service, manage and enhance user data, assess your interest in our products and services, or conduct user research or satisfaction surveys. We may also disclose your personal information, if you have authorized us to act on your behalf to initiate the creation of a merchant account for the purpose of accepting donations by credit card.
At times we may be required by law or litigation to disclose your personal information. We may also disclose information about you if we determine that for national security, law enforcement, or other issues of public importance, disclosure is necessary.
In addition, Kindful may sell, transfer or otherwise share some or all of its assets in connection with a merger, acquisition, reorganization or sale of assets, or in the event of bankruptcy. In such an event, personal information may be one of the assets transferred.
How we protect your personal information
Kindful takes precautions to safeguard your personal information against loss, theft, and misuse, as well as unauthorized access, disclosure, alteration, and destruction. Please be aware, however, that despite our efforts, no security measures are perfect or impenetrable and no method of data transmission that can be guaranteed against any interception or other type of misuse.
You can help us by also taking precautions to protect your personal data when you are on the internet. Do not share your registration information with anyone, and make sure you use a secure web browser.
Accessing your information
This Site may contain web pages through which you can correct or update some of the personal information you have provided to us. Kindful will make a good faith effort to make requested changes and correct your data if it is inaccurate or delete the data if we are not required to retain it by law or for legitimate purposes.
Cookies and other technologies
To make this Site more useful to you, we automatically gather general statistical information about this Site and its visitors, such as IP addresses (and information tied to IP addresses, such as screen size, color depth, language, java enabling, flash version, page title, host name, referring source, and page path), browsers, pages viewed, number of visitors, services purchased, etc. In doing so, we do not reference you by name, email, mailing address, or any similar personal information. We use this data in the aggregate to learn about our visitors and to improve our ability to cater to their needs. We may use third party vendors to gather general statistical information about this Site and its visitors as well as to perform certain services on behalf of this Site, such as hosting this Site, designing or operating this Site’s features, or performing other administrative services. We may provide these companies with access to your personal information to carry out the services they are performing for you or for Kindful.
As part of our service, we also use cookies to store and sometimes track information about you. A “cookie” is a small amount of data that is sent to your browser from a web server and stored on your computer’s hard drive. Generally, we use cookies to remind us who you are, to give you easier access to repeatedly used account information, to gather statistical information about usage, to research visiting patterns, and to help target advertisements based on user interests. In some instances, our partners and advertisers appearing at this Site may use their own cookies. Your web browser settings, which you may change at any time, determine if and how a cookie will be accepted. By changing those settings, you can accept all cookies, be notified when a cookie is set, or simply reject all cookies. If you decide to reject all cookies, please be aware that you may be required to re-enter your information more often and certain features of this Site may be unavailable to you.
Your California Privacy Rights
Residents of the State of California, under a provision of the California Civil Code, have the right to request from companies conducting business in California a list of all third parties to which the company has disclosed personal information during the preceding year for direct marketing purposes. Alternatively, the law provides that if the company has a privacy policy that gives either an Opt-out or Opt-in choice for use of your personal information by third parties (such as advertisers) for marketing purposes, the company may instead provide you with information on how to exercise your disclosure choice options.
Kindful qualifies for the alternative option; it has a comprehensive privacy policy and provides you with details on how you may either Opt-out or Opt-in to the use of your personal information by third parties for direct marketing purposes. Therefore, we are not required to maintain or disclose a list of the third parties that received your personal information for marketing purposes during the preceding year.
If you are a California resident and request information about how to exercise your third party disclosure choices you must send a request to support@kindful.com.