Privacy Policy

The privacy of your Personal Information (as defined below) is afforded the highest level of importance by New Day Strategic Therapy (in each case “Business”). The Business is bound by the Privacy Act 1988 and other applicable law regarding the manner in which the Business handles your Personal Information and how the Business responds to your requests to access and correct it. This Privacy Policy sets out the Business’s Personal Information handling procedures and the rights and obligations that both you and the Business have in relation to your Personal Information. The terms of this Privacy Policy shall form part of any agreement between you and the Business (”Agreement”). In case of any inconsistency between any Agreement and this Privacy Policy, the Agreement shall prevail.

1. How the Business collects your Personal Information

The Business collects your Personal Information primarily as a result of correspondence the Business engages in with you. The Business may also collect Personal Information from sources that are publicly available such as websites, journals and phone books. 

2. Cookies

A cookie is a piece of data temporarily stored on a computer user’s hard drive containing information about the user. The cookie helps the user to save time. For example, by setting a cookie on a Website, the user may not have to log in a password more than once, thereby saving time while on the Website. Web browsers can be set to reject cookies. If a user rejects cookies they may still use the Business’s Website, but may not be able to take advantage of certain features.

Some of the Business’ business partners may use cookies on the Business’s Website (for example, advertisers). However, the Business has no access to or control over these cookies.

Cookies help the Business evaluate your use of our Website, such as what kind of information you want to see and what kind you will never read. Cookie technology allows websites to ask for your registration and preference questions only once. The next time you return to the Business’s Website, you will not necessarily need to “sign in” again. Remember that cookies are “non-executable” pieces of code; that is, they are incapable of doing anything to your hard drive.

Cookies are easy to delete from your hard drive; talk to your systems administrator or your Internet provider for detailed instructions.

The Business does not make use of cookies on its Website to collect Personal Information about visitors to our Website.

3. Kinds of Personal Information that the Business holds about you

The Business only holds your Personal Information if it is relevant to providing the services Business provides. Personal Information generally includes your name, address, contact details, including both or either postal and/or email addresses, occupation, hobbies, interests, payment details, account number, records of correspondence and billing and credit status and statements. If you are a non-profit organisation that the Business has agreed to assist, the Business may collect Personal Information about how you make use of the products or services that the Business provides to you. In certain circumstances, the Business may hold sensitive Personal Information about you, such as information about your race, ethnic origins, family medical history and status, previous illnesses or injuries or current or expected state of health. However, the Business will only do so if it has been collected with your express consent.

All the personal information referred to in this paragraph 3 is collectively referred to as “Personal Information” or “Personal Data” for the purposes of this Privacy Policy.

4. Personal Information and Children

The Business does provide for customers under 18 years of age (”Children“). Therefore it is aware that Children may wish to utilise the Business’s services. In the interests of ensuring the maximum level of protection of privacy for Children, the Business will not knowingly collect, use or disclose Personal Information of a Child, without obtaining the prior written consent of a parent or guardian. The Business believes that this Privacy Policy affords adequate protection of privacy for Children once this consent has been granted.

5. How the Business holds your Personal Information

Depending on the circumstances, the Business may hold your Personal Information in either hard copy or electronic form, or both. Generally, a copy of all written correspondence is held in hard copy and the Business’s client database and email correspondence is held in electronic format.

6. How the Business uses your Personal Information

The Business uses your Personal Information:

• to provide you with its services;
• to facilitate its customer relationship with you;
• for internal purposes such as procedural assessments, risk management, service reviews, accounting and billing; and
• to identify, and inform you of, product and services that may be of interest to you.

If you are one of the Business’s suppliers, the Business may use your Personal Information to facilitate its business relationship with you, for example, to assess goods or services that you supply or to review a commercial proposal that you have put to the Business.

We may use IP addresses in order to analyse trends, manage our Website, track users’ movements and gather broad demographic information. IP addresses are not linked to Personal Information.

7. How the Business discloses your Personal Information

Generally, the Business will only disclose your Personal Information for a purpose that is related to the service that the Business is providing to you. This may include disclosures to organisations that provide the Business with professional advice, such as solicitors, accountants and business advisors, and to contractors to whom the Business outsources certain functions, such as mailing houses, electronic network administrators and debt collection agencies. However, where possible, the Business takes contractual measures, and, in all other circumstances, takes all reasonable measures, with the Business’s contractors to ensure that they comply with the privacy standards set out in the Privacy Act 1988 (Cth) and any other applicable law. If the Personal Information that the Business is disclosing is of a highly sensitive nature, the Business may require its contractors to complete their work in-house and will not permit them to disclose that Personal Information to subcontractors.

The Business may also disclose Personal Information where it is expressly permitted under the Privacy Act 1988 (Cth) and any other applicable law, for example, where it is with your consent or where the Business is legally required to do so, such as under a court order or taxation laws. Also third parties may unlawfully intercept or access transmissions or private communications. As a result, while we strive to protect your Personal Information, we cannot ensure or warrant, and do not warrant, the security, privacy or confidentiality of any information, including Personal Information that you transmit to us, and you do so at your own risk.

In the unlikely event that we need to investigate or resolve problems or enquiries, we can (and you authorise us to do so) disclose any Personal Information about you to private entities, law enforcement or other government officials as we, in our discretion or as may be required under law, believe necessary or appropriate. In such cases, we will notify you in writing.

8. Sharing of your Personal Information

We may share aggregated demographic information with our advertisers. This is not linked to any Personal Information that can identify any individual person.

We may use outside shipping companies and credit card processing companies to bill users for services. These companies do not retain, share, store or use Personal Information for any secondary purposes and our agreements with such providers restrict the use of that information.

From time to time, we may partner with another party to provide specific services. We may share names, or other Personal Information that is necessary for the third party to provide these services. These parties are not allowed to use Personal Information except for the purpose of providing these services.

• Third Parties Generally

We may provide to third parties your Personal Information that does not allow you to be identified or contacted, including where such Personal Information is combined with similar information of other customers or suppliers. The third parties to which we may provide your Personal Information may include potential or actual advertisers, commercial partners, sponsors, licensees, researchers and other similar parties.

• Outside Contractors

We may engage independent contractors, vendors and suppliers (collectively, “Outside Contractors“) to provide specific services and products related to our services. These Outside Contractors may sometimes have limited access to information collected by us, including your Personal Information, in the course of providing services to us. Access to your Personal Information by these Outside Contractors is limited to the information reasonably necessary in order for the Outside Contractors to perform their limited function for us. We also require that these Outside Contractors:

 (a) protect the privacy of your Personal Information consistent with this Privacy Policy; and

 (b) not use or disclose your Personal Information for any purpose other than providing us with products or services for which we contract.

• General Considerations

Please keep in mind that:

(a) whenever you voluntarily disclose Personal Information online, that Personal Information can be collected and used by others, without your prior consent or knowledge. If you disclose such Personal Information, that is accessible to the public, you may receive unsolicited messages from parties who have used that Personal Information; and

(b) you are solely responsible for maintaining the security of your passwords and/or any account information. Accordingly, please be careful and responsible with your Personal Information, whenever you are online.

 Please note that if you provide any Personal Information to parties other than us, different rules may apply to their use or disclosure of the Personal Information you disclose to them. We encourage you to investigate and ask questions before disclosing Personal Information to any of those third parties.

9. How the Business secures your Personal Information

The Business holds all hard copy and electronic records of Personal Information in a secure manner to ensure that they are protected from unauthorised access, modification or disclosure. The Business deletes your Personal Information once it is no longer needed or required to be kept by law.

10. Your right to lodge a complaint

If you are not satisfied with how the Business has handled your Personal Information, you are entitled to lodge a complaint with the Federal Privacy Commissioner. Information regarding how to lodge a complaint is available from the Commissioner’s website at www.privacy.gov.au or by ringing the Commissioner’s information line on 1300 363 992. However, before investigating a complaint, the Commissioner is legally required to be satisfied that you have first expressed your concern to the Business to afford it an opportunity to resolve the complaint directly, unless it is inappropriate for you to do so. You may lodge a complaint with the Business’s Privacy Officer either by mail to 68 Beaumaris Drive, Menai, NSW 2234, or by email to info@newdaysp.com.au. The Business will inform you who will handle your complaint and you may contact the Business’s Privacy Officer to enquire about the progress of the complaint at any time.

If you are a user in the European Union (EU), please see section 18 below. 

11. Your right of access

You may request access to your Personal Information at any time by sending a written request to the Business by mail to 68 Beaumaris Drive, Menai NSW 2234, Australia, or by email to info@newdaysp.com.au. If you are a user in the EU, please see section 18 below. 

In your request, please state how you would like to obtain access. For example, you may like to inspect the Business’s records of your Personal Information at the Business’s premises or you may prefer to be sent a photocopy or an electronic version of your Personal Information. You do not need to provide a reason for your request. Once the Business has verified your identity, your request will be forwarded to the Business Owner who will acknowledge receipt of your request within 14 days and arrange for access to be provided to you in an appropriate manner within a reasonable time, usually within 30 days of receipt of your request. The Business may charge a reasonable fee for providing access if a significant amount of time is required to locate your Personal Information or to collate or present it in an appropriate form. The Business will notify you in advance of any likely charges (or the basis for their calculation) for providing access to your information. 

12. You may correct your Personal Information

If your Personal Information is out-of-date or incorrect, you may inform the Business of this and the Business will correct it for you. 

13. Your choices regarding the collection, disclosure and distribution of Personal Information

Except as otherwise described in this Privacy Policy, we will only use Personal Information for the purposes described above or as otherwise disclosed at the time we request such information from you. You must “opt-in” and provide your consent for us to use your Personal Information for any other purpose. If you no longer wish to receive marketing communications and newsletters from us via email, you may change your preference and “opt-out” of receiving such marketing communications and newsletters by contacting our Privacy Officer at the address set out above. If you are a user in the EU, please see section 18 below.

Users of our Website are notified when Personal Information is being collected by third parties on our Website. We do this so you can make an informed choice as to whether you should disclose information to a third party.

14. Promotional Information

The Business would like to send you marketing communications and newsletters about goods and services that the Business believes may be of interest to you. However, the Business understands that you may not wish to receive such material. If so, please inform the Business’s Owner of this by email to info@newdaysp.com.au and the Business will ensure that your name is removed from its mailing list. If you are a user in the EU, please see section 18 below.

15. Transfer of your Personal Information overseas

The Business will only transfer your Personal Information overseas if the transfer is to you, or to one of your authorised representatives, or it is with your express consent. The Business will not send your Personal Information outside of Australia in any other circumstances. 

16. The Business may need to change its Privacy Policy from time to time

Due to changing business circumstances, the Business may need to change its Privacy Policy from time to time. If the Business does, it will endeavour to ensure that your overall level of privacy protection is not diminished and will publish the changes on our Website. Any actions that the Business has taken before the change will continue to be regulated by the Privacy Policy that existed before the changes were made.

You are encouraged to check our Website regularly to consider, and act upon if so desired, any changes to the terms of this Privacy Policy.

17. Further Information

The Business will, upon receipt of your request, provide you with further information regarding your privacy. If you have any queries or requests in this respect, please contact the Business’s Owner by email to info@newdaysp.com.au.

18. Personal Data (European Union users)

EU User Rights

If you are a user of our products and services in the EU, the Business’s processing of your Personal Data must be in accordance with the EU General Data Protection Regulation (GDPR). Under the GDPR, if you are a user in the EU, you have a right to:

1. request an explanation of the Personal Data that the Business has about you and how the Business uses that Personal Data;
2. receive a copy of the Personal Data that the Business has collected about you if the Personal Data was:
   1. collected with your consent; or
   2. required by the Business to provide the services on your request;
3. request the correction of any of your Personal Data held by the Business that you believe is inaccurate;
4. request the deletion of your Personal Data held by the Business under certain circumstances; and
5. object to the Business’s processing of your Personal Data, including for marketing purposes based on profiling and/or automated decision making. 

EU Representative

If you reside in the EU, the Business’s data representative is:

Jonathan Smith

In certain circumstances, the courts and regulatory authorities in other countries may be entitled to access your Personal Data. 

BY USING OUR SERVICES, YOU SIGNIFY YOUR ACCEPTANCE OF THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, YOU SHOULD NOT USE OUR SERVICES. YOUR CONTINUED USE OF OUR SERVICES FOLLOWING THE POSTING OF CHANGES TO THIS PRIVACY POLICY WILL MEAN THAT YOU ACCEPT THOSE CHANGES.