Cure For MND Foundation
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;
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
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.
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.
Cure For MND Foundation
Robinson Vic 3019
Telephone: (+61) 0417081776
Information we collect and how we may use it
If you are a customer of Trail Software, 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 PII 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, Trail Software 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 Trail Software customer, we collect certain information from you in order to process your donation ("Donor Information"). Trail Software will use Donor Information during the course of providing the Service to such Trail Software customer. Trail Software may also use Donor Information at an aggregate level for internal business analyses and fraud prevention. During the course of providing the Service to Trail Software customers, Trail Software 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 PII for internal purposes, such as registering you as a user on this Site, marketing and promotion, to provide you with other products and services, or to contact you regarding administrative notices, offerings, or communications relevant to you on this Site. In addition, we may use PII to provide products or services that you have requested as well as for auditing, research, and analysis to improve Trail Software's products and services.
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When we disclose your information
Trail Software 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 Trail Software to make certain PII about you available to companies that Trail Software has a strategic relationship with or that perform work for Trail Software 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 PII, 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 PII. 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, Trail Software 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, PII may be one of the assets transferred.
How we protect your personal information
Trail Software takes precautions to safeguard your PII 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 PII you have provided to us. Trail Software 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
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Your California Privacy Rights
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