Privacy

Website Privacy Policy

In this Privacy Policy, 'us' 'we' or 'our' means JNW Counselling Pty Ltd (ACN 659 235 097) (“JNW Counselling”).  We are committed to respecting your privacy.  Our Privacy Policy sets out how we collect, use, store and disclose your personal information. 

By providing personal information to us, you consent to our collection, use and disclosure of your personal information in accordance with this Privacy Policy and any other arrangements that apply between us. We may change our Privacy Policy from time to time by publishing changes to it on our website. We encourage you to check our website periodically to ensure that you are aware of our current Privacy Policy.

This Privacy Policy applies to your interactions and all personal information collected and used in connection with the services and in your use of the JNW Counselling website located at https://www.johnwindschuttle.com.

What is "personal information"?

(a) The Privacy Act 1988 (Cth) (“Act”) currently defines "personal information" as meaning information or an opinion about an identified individual or an individual who is reasonably identifiable:

  • whether the information or opinion is true or not; and

  • whether the information or opinion is recorded in a material form or not.

(b) If information does not disclose your identity or enable your identity to be ascertained, it will in most cases not be classified as "personal information" and will not be subject to this privacy policy.

What information do we collect?

The kind of information we collect from you will depend on how you use the website and the kind of service you request from us but will typically include personal information relating to our clients and to other people and entities associated with our clients as may be provided or disclosed to us in the course of business and the provision of services.  

Such personal information may include, but is not limited to, names, addresses, bank or credit card details, telephone numbers, social media details, email addresses, and sensitive information (such as age, gender, race, sexuality or religion and relationship details) and health information (such as information about your mental health and symptoms experienced - these communications are confidential and kept in order to enhance the quality of the services you receive).  Any additional personal information you provide to us, or authorise us to collect, as part of your interaction with JNW Counselling and provision of the services.

Our services are not directed to persons under the age of 18 and we do not knowingly collect personal information or sensitive information from anyone under 18. If we become aware that a minor under the age of 18 has provided us with personal or sensitive information we will delete the same immediately. If you are a parent or guardian of a minor and you believe they have provided us with personal or sensitive information without your consent then please notify us.

How we collect your personal information

We may collect personal information, sensitive information or health information from you whenever you input such information into the website, via web forms, by telephone, when users visit our site, your response to surveys including but not limited to feedback surveys, fill out forms, video conferencing during counselling sessions and in connection with other activities, services and resources made available on the website and in connection with the provision of our services.

We also collect cookies from your computer which enable us to tell when you use the website and also to help customise your website experience. As a general rule however it is not possible to identify you personally from our use of cookies.

Purpose of collection and use

The purpose for which we collect personal information and/or sensitive information and health information is to provide you with relevant and informed services and related administrative and management functions and to provide you with the best service experience possible on the website. 

We only use or disclose the information for the primary purpose for which it was collected or for a directly related secondary purpose which could be expected such as responding to requests for information, managing, planning and advertising and administering counselling services, researching and expanding our facilities and services, informing you of our activities, events, facilities and services, recruitment processes and responding to inquiries and complaints.

All personal information, sensitive information and health information collected for the provision of the services will remain confidential and secure except where we are compelled by law to release it such as if it is subpoenaed by a court or where failure to disclose the information would place you or another person at risk or else where your prior written consent has been provided.

We customarily disclose personal information only to our service providers who assist us in operating the website. Your personal information may also be exposed from time to time to maintenance and support personnel acting in the normal course of their duties.

By using our website, you consent to the receipt of direct marketing material. We will only use your personal information for this purpose if we have collected such information direct from you, and if it is material of a type which you would reasonably expect us to use. We do not use sensitive personal information in direct marketing activity. Our direct marketing material will include a simple means by which you can request not to receive further communications of this nature.

Access and correction

Clients may access their personal information and seek correction of it at any time by applying to our office in person or in writing.   

Clients will be formally identified before releasing or amending any personal information. 

Complaint procedure

If you have a complaint concerning the manner in which we maintain the privacy of your personal information, please contact us as set out below.  All complaints will be considered by our Privacy Officer and we may seek further information from you to clarify your concerns. If we agree that your complaint is well founded, we will, in consultation with you, take appropriate steps to rectify the problem. If you remain dissatisfied with the outcome, you may refer the matter to the Office of the Australian Information Commissioner.

Is personal information disclosed outside of Australia? 

Where necessary we will disclose personal information to overseas recipients, including a related body corporate. The likely countries that information might be sent to include UK or the USA which have data protection laws which protect personal information in a way which is at least substantially similar to the Australian Privacy Principles, and there will be mechanisms available to you to enforce protection of your personal information under that overseas law. In the circumstances, we do not require the overseas recipients to comply with the Australian Privacy Principles and we will not be liable for a breach of the Australian Privacy Principles if your personal information is mishandled.

How to contact us about privacy

If you have any queries, or if you seek access to your personal information, or if you have a complaint about our privacy practices, you can contact us via email on jw@johnwindschuttle.com.

Data breaches 

All staff are responsible for protecting the confidentiality of client information and business information. Refer any data breaches, or suspected data breaches, to the customer services team as soon as possible. 

What is an eligible data breach? 

    An eligible data breach, defined in s 26WE(2) of the Act, is when: 

(a) both of the following conditions are satisfied:

  • there is unauthorised access to, or unauthorised disclosure of, the information;

  • a reasonable person would conclude that the access or disclosure would be likely to result in serious harm to any of the individuals to whom the information relates; or

(b) the information is lost in circumstances where:

  • unauthorised access to, or unauthorised disclosure of, the information is likely to occur; and

  • assuming that unauthorised access to, or unauthorised disclosure of, the information were to occur, a reasonable person would conclude that the access or disclosure would be likely to result in serious harm to any of the individuals to whom the information relates;…

If there is a suspicion of a breach

If we suspect that there has been an eligible data breach, a reasonable and expeditious assessment will be conducted within 30 days.  

If we believe or have reasonable grounds to believe there has been a breach then a statement will be prepared setting out:

  • the business’s details;

  • a description of the breach;

  • the kind or kinds of information concerned; and

  • recommendations about the steps that we will take in response to it.

If practicable, we will advise the contents of the statement to each of the affected clients who may be at risk from the breach. If this is not practicable we will publish the statement on our website and take other reasonable steps to publicise its contents. Communications with individuals will be via their preferred communication method. 

The statement will be submitted to the Privacy Commissioner. 

Exception to reporting 

Mandatory notification requirements are waived if remedial action can be taken that results in a reasonable person concluding that the access or disclosure is not likely to result in serious harm to any of those individuals.