PRIVACY NOTICE
Permission to Move Pty Ltd ABN 29 637 230 525 (PMPL) (February 2024 Edition)
- About this Notice
- PMPL is bound by the Privacy Act 1988 and the Australian Privacy Principles. If the Customer is within the European Economic Area (EEA), paragraph 9 explains their additional rights under the European Union General Data Protection Regulation (GDPR).
- Australian Privacy Principle5 and Articles 13 and 14 of the GDPR require this Notice.
- Dictionary
In this Notice: Customer means an individual with whom PMPL contracts, or may contract, to supply a product or service; Personal Information has its meaning in the Privacy Act 1988 (namely information or an opinion about an identified individual, or an individual who is reasonably identifiable), such as, for example, a Customer's name, place of residence, health history.
- Collection of Personal Information
PMPL collects Personal Information of a Customer for one or more of the following purposes:
- assessing an application by the person to contract for the supply of a product;
- the making or performance of a contract with the Customer, including the provision of any services to the Customer;
- any purpose required or authorised by law.
- Failure to collect Personal Information
If Personal Information is not provided to PMPL, it will adversely affect its capacity to assess an application by the person to contract with PMPL for the supply of a product, or to provide services to the Customer.
- Disclosure of Personal Information
PMPL may disclose Personal Information to any of the following:
- the Customer;
- a person authorised by the Customer, such as a health care professional, family member, carer, attorney;
- persons to whom PMPL may contract out some business functions and activities, such as book-keeping, data storage;
- its insurers;
- any Tribunal or a Court having jurisdiction over PMPL;
- any person, body or agency (such as a Government Department) where required or allowed by law.
- Off shore disclosure
PMPL may use and disclose a Customer's Personal Information in jurisdictions other than Australia or its external territory where either:
- the Customer is living outside Australia or its external territory, and the provision of PMPL's product to that Customer is to be supplied or supplemented by in-person teaching by a coach / mentor located in the same country as the Customer and appointed by PMPL for that purpose; or
- required by law, as permitted by the Australian Privacy Principles or (if required) with the Customer's consent.
It is not reasonably practicable to list the countries to which PMPL may transmit Personal Information overseas. However, PMPL will, where practicable, advise the Customer of the countries in which overseas recipients are likely to be located.
- Privacy Policy
The Privacy Policy of PMPL contains information about:
- how an individual may access the Personal Information about the individual that is held by PMPL and seek the correction of such information;
- how an individual may complain about a breach of the Australian Privacy Principles, or a registered APP Code (if any) that binds PMPL, and how PMPL will deal with such complaint.
- Contact details
PMPL may be contacted on (0011 + 61 + ) 1300 070 929 or by email to [email protected].
- GDPR
For Customers that are within the EEA:
- PMPL’s contact details appear in paragraph 8;
- Personal Information is processed for the purposes and legitimate interests described in paragraph 3. The legal bases for PMPL’s processing include to manage its business operations, administer its Customer relationships, and address its legal obligations;
- Personal Information is required for PMPL to make or perform contracts and to comply with its legal obligations. Failure to provide the Personal Information has the consequences described in paragraph 4;
- PMPL may transfer Personal Information to jurisdictions that have a different standard of data protection to a Customer’s home country. However, in those instances PMPL has implemented contractual or other appropriate safeguards and can provide details of those safeguards where required by law;
- subject to any applicable laws, Personal Information will be stored for as long as PMPL requires it for the purposes described in paragraph 3;
- under certain conditions, Customers may:
- request access to their Personal Information;
- require rectification of inaccurate or incomplete Personal Information;
- request deletion of Personal Information;
- request that processing of Personal Information be restricted;
- object to the processing of Personal Information;
- request the transfer of Personal Information to the Customer or another organisation;
- withdraw their consent to processing of Personal Information for a specific purpose, without affecting the lawfulness of processing which occurred before that withdrawal;
- PMPL does not make legal or other significant decisions about Customers based solely on automated decision-making, including profiling;
- if PMPL does not collect Personal Information directly from Customers it will confirm its source, including whether it is publicly accessible;
- complaints may be lodged with a Customer’s local data protection authority in the EEA, if the Customer believes that PMPL has not complied with the GDPR.
PRIVACY POLICY
Permission to Move Pty Ltd ABN 29 637 230 525 (PMPL) (February 2024 Edition)
- About this Policy
- This is the Policy the Privacy Act 1988 and the Australian Privacy Principles require of PMPL in relation to Personal Information of its Customers. If the Customer is within the European Economic Area (EEA), paragraph 8 explains their additional rights under the European Union General Data Protection Regulation (GDPR).
- This Policy concerns how PMPL may collect, store, use and disclose a Customer's Personal Information.
- At any time PMPL may modify, add to or replace this Policy where the change is notified to the Customers at least 7 days before it takes effect.
- The current version of this Policy is available from PMPL on request.
- Dictionary
- In this Policy:
- Customer means an individual with whom PMPL contracts, or may contract, to supply a product or service.
- Personal Information means, in relation to a Customer, information about his or her:
- name (and any former name);
- date of birth;
- ethnicity, race;
- place of residence;
- phone number, email address;
- health (such as medical history, medical condition, course of medical / pharmaceutical treatment);
- credit / debit card details;
- other information that is 'personal information' under the Australian Privacy Principles or ‘personal data’ under the GDPR.
- Collection, use and disclosure of Personal Information
- PMPL will only collect and use Personal Information of a Customer as relates to any of the following:
- assessing an application by the person to contract for the supply of a product or service;
- the making or performance of a contract with the Customer, including the provision of any services to the Customer;
- any purpose required or authorised by law.
- PMPL may seek and disclose Personal Information from and to any of the following:
- the Customer;
- a person authorised by the Customer, such as a health care professional, family member, carer, attorney;
- persons to whom PMPL may contract out some business functions and activities, such as book-keeping, data storage;
- its insurers;
- any Tribunal or a Court having jurisdiction over PMPL;
- any person, body or agency (such as a Government Department) where required or allowed by law.
- If Personal Information is not provided to PMPL, it will adversely affect its capacity to assess an application by the person to contract with PMPL for the supply of a product or to provide services to the Customer.
- PMPL may use and disclose a Customer's Personal Information in jurisdictions other than Australia or its external territory where either:
- the Customer is living outside Australia or its external territory, and the provision of PMPL's product to that Customer is to be supplied or supplemented by in-person teaching by a coach / mentor located in the same country as the Customer and appointed by PMPL for that purpose; or
- required by law, as permitted by the Australian Privacy Principles or (if required) with the Customer's consent.
It is not reasonably practicable to list the countries to which PMPL may transmit Personal Information overseas. However, PMPL will, where practicable, advise the Customer of the countries in which overseas recipients are likely to be located.
- PMPL may also use de-identified Personal Information for research and development of its products or services. To de-identify means that the information would not reveal the identity of the Customer or contain information from which the identity of the Customer can be deduced.
- Security and management of Personal Information
PMPL holds Personal Information in hard copy within South Australia and digitally on servers, including those of third parties. It will take reasonable steps to ensure:
- the Personal Information it collects, uses or discloses is accurate, complete and up-to-date; and
- the Personal Information it holds is protected from misuse and loss, and from unauthorised access, modification or disclosure by using appropriate physical and electronic security measures.
- Destruction of Personal Information
PMPL will destroy or de-identify any Personal Information no longer required by PMPL for a supply of a product to, or to provide services to, the Customer.
- Access and correction of Personal Information
- Under the Privacy Act 1988, a Customer has right to request PMPL to provide the Customer access to his or her Personal Information, and if any of that information is incorrect the Customer can request PMPL change it.
- Contact details are on PMPL's website www.untanglr.com.
- There is no fee for accessing or correcting Personal Information.
- Complaints
- If a Customer believes PMPL has not complied with the Privacy Act 1988 or the Australian Privacy Principles in relation to the Customer, the Customer can make a complaint by contacting PMPL's Privacy Officer on (0011 + 61 + ) 1300 070 929 or [email protected].
- PMPL is not a member of an external dispute resolution scheme. If the Customer is not satisfied with PMPL’s handling of his or her complaint, the Customer may refer the complaint to the Australian Information Commissioner at www.oaic.gov.au.
- The Australian Privacy Principles can be downloaded from the Commissioner’s website.
- GDPR
For Customers that are within the EEA:
- PMPL’s contact details appear in paragraph 7;
- Personal Information is processed for the purposes and legitimate interests described in paragraph3.1. The legal bases for PMPL’s processing include to manage its business operations, administer its Customer relationships, and address its legal obligations;
- Personal Information is required for PMPL to make or perform contracts and to comply with its legal obligations. Failure to provide the Personal Information has the consequences described in paragraph 3.3;
- PMPL may transfer Personal Information to jurisdictions that have a different standard of data protection to a Customer’s home country. However, in those instances PMPL has implemented contractual or other appropriate safeguards and can provide details of those safeguards where required by law;
- subject to any applicable laws, Personal Information will be stored for as long as PMPL requires it for the purposes described in paragraph 3.1;
- under certain conditions, Customers may:
- request access to their Personal Information;
- require rectification of inaccurate or incomplete Personal Information;
- request deletion of Personal Information;
- request that processing of Personal Information be restricted;
- object to the processing of Personal Information;
- request the transfer of Personal Information to the Customer or another organisation;
- withdraw their consent to processing of Personal Information for a specific purpose, without affecting the lawfulness of processing which occurred before that withdrawal;
- PMPL does not make legal or other significant decisions about Customers based solely on automated decision-making, including profiling;
- if PMPL does not collect Personal Information directly from Customers it will confirm its source, including whether it is publicly accessible;
- complaints may be lodged with a Customer’s local data protection authority in the EEA, if the Customer believes that PMPL has not complied with the GDPR.
WEBSITE TERMS OF USE (Feb 2024 Edition)
Issued by Permission to Move Pty Ltd ABN 29 637 230 525 (PMPL)
These terms
To access this website is to agree to these terms. If you do not agree to these terms, you should leave this website immediately.
Access licence
A visitor to this website obtains a non-exclusive, personal, limited, licence to view and use this website for lawful purposes.
Browsers
PMPL does not offer any assurance this website is properly displayed, or displayed without errors, on a browser being used by a visitor.
Cookies
This website may use cookies to enhance user experience, for record-keeping purposes and sometimes to track a user's use. A visitor may set their browser to refuse cookies, to alert the visitor when cookies are being sent, or to delete cookies after visiting this website. If they do so however, some parts of the website might not function properly during the initial visit, or a later visit.
Malware
PMPL does not offer any assurance this website does not contain any virus or other malware that might infect a visitor's computer or data.
Intellectual property
Information presented on this website (such as text, pictures, graphics, audio, video) may be copyright or contain other intellectual property rights of PMPL or third parties, even if not identified as such. All such intellectual property rights are reserved to their owner. Except with PMPL's prior written consent, none of that information may be reproduced or modified.
Third party material
If this website displays any third party content (such as comments by customers, advertisements), PMPL does not warrant the accuracy or completeness of the content, or that such content is current.
Access within this website
Certain pages of this website are only accessible to PMPL's commercial partners and enrolled customers, and via confidential user names and passwords issued to them by PMPL.
Links to other websites
If this website has any link to a third party website, a visitor to this website who operates the link does so at their own risk. PMPL does not offer any assurance the link is operable or current. A link to a third party website does not imply that PMPL is affiliated with the linked website, nor is it an endorsement about any of the owner, its goods or services, or any information appearing on the linked website.
Uploading of material
A visitor has no right to upload any data or other material to this website (except as, in the manner and when prompted on the website). Nor has a visitor any right to change any layout or content on this website, nor to link this website to any other.
If this website invites visitor comments, the visitor must not post on the website any information that violates the rights of others or that is unlawful, threatening, invasive of privacy, racist, obscene, harassing or otherwise objectionable in PMPL's opinion. PMPL has right to take down such objectionable information at its sole discretion and without notice.
No commercial use
A visitor may not modify, copy, distribute, commercially exploit or create derivative works from any content on this website. Nor may a visitor use this website or any of its content to further any commercial purpose, including any advertising or advertising revenue generation on another website.
Changes
Any content on this website (including these terms) may change without prior notice. Each time a visitor visits this website, he or she should refresh their browser so that the then current website is displayed. In any event, from time to time a visitor should revisit these terms to find any changes to these terms.
Legal
The laws in South Australia govern these terms. The Courts of that State have exclusive jurisdiction as regards any dispute in connection with these terms.
CONTRACT TERMS AND CONDITIONS (Feb 2024 Edition)
Thank you for considering to be a customer of Permission to Move Pty Ltd ABN 29 637 230 525 (PMPL)
Section A - Preliminary matters
- Before uploading the Application Form at the foot of this page, you should be familiar with:
- The Website Terms of Use and the Privacy Notice on this website, and
- The Contract Terms in Section B of this page.
- To become a customer you need to:
- be an individual of at least 18 years of age, and
- have legal right and ability to enter into a legally binding contract with PMPL, and
- complete the Application Form with the information it requires, and then upload the Application Form (click 'submit'), and
- pay to PMPL the specified service fee (in Australian dollars) by a payment method the Application Form allows, and
- have PMPL accept your application by PMPL sending you an email of a unique username and password as would enable your on-line access to the product applied for.
- PMPL reserves the right to not accept any application submitted. If your application is not accepted, PMPL would notify you at the email address you provided on the Application Form, and refund promptly the service fee without deduction.
- If PMPL accepts your application, upon request, PMPL will issue you an invoice (a tax invoice if you are resident in Australia), marked 'Paid', for the service fee paid.
Section B – Contract Terms
- If PMPL accepts your application, a contract forms between you and PMPL with the following terms.
- PMPL agrees to provide you access, via this website, to the product you applied for by use of the username and password allocated to you for that purpose.
- You are to keep your username and password secure and confidential and are responsible for all activity carried out under that username.
- When accessing the product, you agree to adhere to the Website Terms of Use as current at the date your Application Form was accepted by PMPL.
- Your right to access a product:
- is not exclusive;
- is personal and not transferable;
- terminates if there is no activity on your username for at least 3 months, or 12 months after issue of your username, whichever is the earlier.
- You acknowledge a product:
- is a course of learning that aims for (but does not guarantee) you to develop clinical skills for treating patients with chronic pain - PMPL does not however, offer assurance that you or your patients will profit from this training to the extent that you, your patients or PMPL would hope for. If, for example, the source of continuing pain has been misdiagnosed by a health professional, a course outcome might not reduce and manage pain symptoms;
- requires you study the course, in the order in which presented, and take those active steps the product requires;
- requires that you work within your professional scope of practice only, irrespective of information presented in this course;
- requires that you exercise your own clinical judgement at all times and acknowledge that information provided in this course may be out of date or erroneous;
- requires that you exercise your own clinical judgement in managing risk and professional decision making;
- may not align with legal or professional standards in your place of practice;
- is not a substitute for advice from and treatment by a health professional. Any advice provided in a product is intended to be general information only and that such advice may not be appropriate for your situation;
- may include access to PMPL coaching services in addition to the digital product, and the coach may be someone who is not an employee or partner of PMPL, in which case:
- the contract for that coaching service would exist between only you and the coach, and PMPL itself would have no responsibilities under that contract;
- PMPL may earn a commission from the coach for referring you to that coach.
- Except where a law binding PMPL otherwise requires, the service fee is not refundable. This includes where you choose not to complete a course of learning under a product.
- You acknowledge a product is proprietary to PMPL, and may not be copied in whole or in part (includes by screen shot, download to a memory device, upload to any server) nor shared with a third party. PMPL reserves all rights in its product, except allowing its customers non-exclusive licences to access the product via the website.
- In Australia, PMPL's provision of a product comes with certain 'consumer guarantees' under the Australian Consumer Law that cannot be contracted out of. Nothing in these terms excludes those consumer guarantees if the Australian Consumer Law
- PMPL is not liable if the product becomes temporarily unavailable to you to access due to scheduled maintenance of this website or for reasons beyond PMPL's reasonable control.
- The contract is governed by the laws in South Australia, and the parties submit to the exclusive jurisdiction of the courts in that State in connection with the contract.