The Continence Foundation of Australia – Victorian Branch Inc. (CFA Victoria) has an obligation and is committed to comply with all relevant Commonwealth and State legislation governing its operations. This includes the Privacy Amendment (Private Sector) Act 2000 and the enhancing Privacy Protection Act 2012. This Act:
- Amends the Privacy Act 1988be broadening its scope to protect the privacy of personal information held by organizations in the private sector; and
- Regulates the appropriate collection, holding, use, alteration, disclosure and transfer of personal information by organizations in the private sector.
The provisions of the Act apply to the CFA Victoria because it holds personal information about:
- Members of the CFA; or
- Members of the public who contact the Victorian Continence Resource Centre for information on continence and related matters in service of them.
In keeping with its obligations under the legislation, CFA Victoria provides the following details applying to all our services, features and websites unless otherwise specified.
2.Type of Personal and Health Information collected.
The type of personal information generally collected by the CFA Victoria are contact information which may include a person’s name, date of birth, address, telephone/fax/mobile numbers, email address, membership details, occupation, workplace, dietary requirements (for events) donor history or credit card details (for events, clinic appointments or purchase of resources).
In addition, because the CFA Victoria operates the Victorian Continence Resource Centre and Bladder & Bowel Clinic, individuals or their representatives may also provide the CFA Victoria with sensitive medical and health information to carry out our required functions and activities. For more details, see the section ‘Sensitive information is subject to greater restrictions’ below (also refer to Health Record act)
3.How Personal Information is collected.
The CFA Victoria will only collect personal information about you with your prior knowledge and consent. The CFA Victoria collects personal information by way of forms filled out by individuals, including online forms, surveys, emails, phone conversations, face-to-face as well as online meetings and interviews or in documents such as event application or registration forms.
4.How Personal Information is used.
The CFA Victoria will only use personal information provided by you for the purpose for which it is collected. This may include:
- Operate and Provide members with the services required;
- Assess and respond to specific requests for information
- Gain an understanding of needs so that the CFA Victoria can provide improved services to support its members and community at large
- Test, Analyse and Evaluate through Research to develop and improve the CFA Victoria’s services;
- Conduct troubleshooting Quality control (purposes) activities; and
- Enable us to market and promote the breadth of our services to individuals who participate in conferences or events, activities, find out about resources, promotions or receive latest information about service provisions.
5.Disclosure of Personal Information.
The CFA Victoria will not disclose personal information to a third party unless it is:
- Consented to by the individual providing the personal information;
- To meet the purpose for which it was collected;
- Necessary to provide the services or information requested;
- To the extent necessary, to carry out the uses set out in Section 4 above; or
- Required by law.
Sensitive health or medical information is never disclosed to a third party without the individual’s express consent. Please also refer to our Sensitive
Health information section for further information.
6.Accuracy and Security of Personal Information.
The CFA Victoria will take all reasonable steps to ensure that the personal information we collect, use or disclose is accurate, complete and current. Individuals who have provided personal information can assist the CFA Victoria in meeting these criteria by notifying the CFA Victoria of changes to their personal details.
The CFA Victoria will take all reasonable steps to ensure that the personal information provided by individuals is protected from misuse, loss and unauthorised access, alteration or disclosure including encryption of credit card details if applies.
Personal information that is no longer relevant or is no longer used will be destroyed or de-identified.
Because data transmissions over the internet cannot be guaranteed to be totally secure, the CFA Victoria cannot warrant the security, integrity or privacy of the personal information submitted in this way.
7.Sensitive information is subject to greater restrictions
- a) Continence Foundation of Australia Victoria Branch may collect, use, disclose, store and handle personal information about Clinic clients for the primary purpose of providing health services to them, managing the supply of these services, and, where necessary, sharing it with other health service providers and health professionals, who may be able to further assist the client, in accordance with the Information Privacy Act 2000 (IP Act) and the Health Records Act 2001 (HR Act).
- b) Continence Foundation of Australia Victoria Branch will process clients personal information so that it is ‘de-identified’ and no longer identifies the client, and using that de-identified information for internal research purposes, statistical purposes or to improve the health services offered to me.
- c) Continence Foundation of Australia Victorian Branch will fulfil any legal obligations e.g. the Continence Foundation of Australia Victoria Branch may be required by law to disclose personal information to law enforcement agencies, courts or regulatory bodies to meet our public health obligations.
- d) It is the clients, or clients authorised representative, to provide the Continence Foundation of Australia Victoria Branch, in writing, any revocation of this consent as soon as possible where applicable.
Your, name, organisation, email and country/ state of origin may be utilised to circulate information about the CFA Victoria trading as the Victorian Continence Resource Centre latest news and events. We provide an easy to follow opt out or unsubscribe option to enable a discontinuation of any further communication from us if that is your request or desire.
9.Access to Personal Information.
An individual has a right to access and, if necessary, to correct the personal information provided to and held by the CFA Victoria. For security reasons, a written request for access and personal identification documentation (such as a drivers’ licence or passport) is required.
There may be instances where access is denied. In these circumstances, refer to the Privacy Officer.
The Privacy Officer /c Executive Officer
Continence Foundation of Australia Victorian Branch
16 Martin Street
Ph:03 9816 8266
The Continence Foundation of Australia Victorian Branch Inc is committed to responding to all complaints fairly. We recognise complaints can provide valuable feedback on the provision of our services. If you are not satisfied with our handling of your personal information, you may make a complaint to our Privacy Officer by telephone on (03) 9816 8266. Your complaint will be attended to within 30 days
Should an individual feel that their complaint has not been properly managed or adequately resolved by the CFA, they can direct their complaint to:
The Privacy Commissioner
GPO Box 5218
Sydney NSW 2001
Ph: 1300 363 992
12.Anonymity and pseudonymity
In any engagement and relationship with us, for practical reasons we prefer that individuals provide personal information such as the delivery of information and referral to local services. Where lawful and practicable, we will agree to the option of individuals not identifying themselves or using a pseudonym.
13.Information we share
You share your information as you use our Services, and we share your information to help us operate, provide, improve, understand, customize, and support our Services.
14.Third party providers
Our staff usually handle personal information; however, certain functions may be outsourced to contractors. It is understood that these contractors are required to comply with the Privacy Act 1988 and the Australian Privacy Principles (enhancing Privacy Protection Act 2012) in all respects.
Additional terms of service
Editorial material and all resources made available in service to the public is copyrighted. All such material is owned by the Continence Foundation of Australia Victorian Branch Inc. All intellectual property rights are reserved. You can view, print or download extracts of the material for your own personal use but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the Material without the Continence Foundation of Australia Victorian Branch’s Inc explicit permission. Requests should be emailed to firstname.lastname@example.org.
Our Services may be accessed and used worldwide. The Continence Foundation of Australia Victorian Branch Inc makes no representation that the content used in any of our Services complies with the laws of any country outside Australia. If you access our Services from outside Australia you are responsible for ensuring that your access to, downloading of, use of, or reliance on the content contained in any of our Services is compliant with all laws in the place in which you are located.
Events and Workshops
As per sensitive information above: Your, name, organisation, email and country/ state of origin may be utilised to circulate information about the CFA Victoria trading as the Victorian Continence Resource Centre latest news and events. We provide an easy to follow opt out or unsubscribe option to enable a discontinuation of any further communication from us if that is your request or desire. This information may be provided on an attendee list and may be provided to sponsors of the Event or Workshop. We will inform and request your permission to do so if your information is used in this capacity.
The below terms are applicable to our One Step At A Time Toilet Training App
By downloading or otherwise accessing the Apps you agree to be bound by the following terms and conditions (“Terms“). If you do not agree with these Terms, you should stop using the App immediately.
Use of App
Our Apps and the material presented on them:
- are made available for your own personal use and cannot be used for any commercial, illegal or unauthorised purpose
- are provided for information purposes only; and
- have been designed as a general guide only and do not constitute medical advice, nor are they intended to be relied on for medical treatment or health advice
We strongly recommend you seek the advice of a health professional. When using the Apps, you agree not to:
- attempt to gain unauthorised access to the Apps or any networks, servers or computer systems connected to the Apps; or
- modify, adapt, translate or reverse engineer any part of the Apps or re-format or frame any portion of the pages comprising the Apps
The copyright in all material contained on, in, or available through the App including all information, data, text, sound, photographs, graphics and video messages, the selection and arrangement thereof, and all source code, software compilations and other material (“Material“) is owned by the Continence Foundation of Australia Victorian Branch Inc. All intellectual property rights are reserved.
You can view, print or download extracts of the Material for your own personal use but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the Material without the Continence Foundation of Australia Victorian Branch’s Inc permission.
All logos and names used in conjunction with our Apps and the Continence Foundation logo and name are trademarks registered to the Continence Foundation of Australia Victorian Branch Inc and/or the intellectual property of the CFA Vic Branch and you cannot use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate them without the prior written consent of the CFA Vic Branch.
Though every effort has been made to ensure that the information presented is accurate and up to date, users should carefully consider the content’s accuracy, currency and relevance for their purposes. Users should note that, over time, currency and completeness of the information may change.
To the maximum extent permitted by the law:
The Continence Foundation Victorian Branch will not be liable for, and you release the Continence Foundation Victorian Branch from and against, any claim, liability, loss or damage whatsoever in relation to your use of our App or the content of the App and furthermore our resources, whether arising in contract, tort (including negligence), equity or otherwise and this release shall be binding on you, your heirs, legal representatives and assigns.
- Without limiting the foregoing, the Continence Foundation Victorian Branch will not be liable for any:
i. death, personal injury, damage or
ii. special or indirect or consequential loss, including without limitation loss of revenues, profits, contracts, business or anticipated savings or any other economic loss, or any loss of goodwill or reputation.
- Any implied warranties, terms and conditions relating to the Apps and resources (whether implied by statue, common law or otherwise) are excluded, including (without limitation) any warranty, term or condition as to accuracy, completeness, satisfactory quality, performance, fitness for purpose or any special purpose;
- The Continence Foundation Victorian Branch accepts no responsibility for any technical failure of the internet and/or the Apps, or any damage or injury to users or their equipment as a result of, or relating to, their use of the Apps; and
- The Continence Foundation Victorian Branch gives no warranties that the Apps or content will be continuously available, or fault free, or that they are accurate, reliable, suitable, complete or of a particular quality.
You agree to indemnify the Continence Foundation Victorian Branch in full and on demand from and against any loss, damage, costs or expenses you may suffer or incur directly or indirectly resulting from your use of the Apps and resources including without limitation in respect of any illness, bodily injury, death or loss of any kind or nature whatsoever.
The Continence Foundation Victorian Branch reserves the right to suspend or cease providing any services relating to the Apps published by it, with or without notice, and shall have no liability or responsibility to you in any manner whatsoever if it chooses to do so.
These terms and conditions are governed by the laws of the State of Victoria, Australia and you irrevocably and unconditionally submit to this jurisdiction.
If any provision(s) of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties (as reflected in the provision(s)) and all other provisions shall remain in full force and effect.
The Continence Foundation of Australia Victorian Branch reserves the right to update these Terms from time to time. If we do so, the updated version will be effective immediately, and the current Terms are available through a link in on our Website to this specific page. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them and you will be bound by the new terms upon your continued use of our services
The Continence Foundation of Australia Victorian Branch’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Continence Foundation of Australia Victorian Branch in writing.