Privacy Policy
- Introduction
1.1. The Organisation’s Commitment to Privacy
Australian Surrogacy and Donor Week (ASDW) is deeply committed to safeguarding your personal information and upholding the highest standards of privacy and data security. Our dedication to preserving the confidentiality and integrity of the data you entrust to us is unwavering. This commitment extends to every individual, whether clients or visitors to our website, regardless of geographical location.
Our privacy practices are firmly grounded in transparency, accountability, and strict adherence to relevant privacy laws, including the Australian Privacy Act and the European General Data Protection Regulation (GDPR). We diligently work to gain your trust through open disclosure of our data collection and usage practices and by implementing robust security measures to protect your information.
This privacy policy elucidates the specific measures we have in place to ensure your privacy’s sanctity and the choices you possess concerning the data you furnish to us. By availing our services and navigating our website, you explicitly acknowledge that you have comprehended, assented to, and accepted the terms articulated in this privacy policy.
1.2. Scope of the Privacy Policy
This privacy policy encompasses all personal information collected, processed, and stored by ASDW through our website and associated services. It pertains to the data we gather from our clients, potential clients, and visitors to our website. Supplementary terms, privacy notifications, or consent forms specific to certain services or interactions might add to this policy.
Our unswerving dedication is to ensure compliance with the privacy laws of both Australia and Europe, thereby guaranteeing the protection of your data and upholding your rights regarding its utilisation and disclosure. We are conscientious about complying with these laws, and this policy has been meticulously crafted to elucidate how we meet these obligations.
1.3. Definitions
To promote absolute clarity and transparency, the ensuing terms are employed in this privacy policy:
– Personal Information: Denotes information that either directly identifies an individual or is potentially linkable to an individual, such as names, addresses, email addresses, phone numbers, or any other data with the potential for reasonable identification.
– Non-Personal Information: Encompasses data that is devoid of personal identifiers and is exclusively used for statistical, analytical, and business purposes.
– Cookies and Similar Technologies: These consist of diminutive text files or code elements positioned on your device when you access our website. They elucidate your preferences, enhance your experience, and proffer personalised content and advertisements.
1.4. Australian Privacy Principles (APPs)
ASDW is committed to adhering to the Australian Privacy Principles (APPs) outlined in the Australian Privacy Act. These principles govern the collection, use, and disclosure of personal information, protecting your privacy. The APPs will be an integral part of our privacy practices, and they complement the principles outlined in this policy.
- Information We Collect
2.1. Personal Information
ASDW collects personal information essential for delivering our services and maintaining effective communication with clients and website visitors. The types of personal information we may collect include, but are not limited to:
– Names
– Contact information (e.g., email addresses, phone numbers)
– Residential addresses
– Financial information (e.g., payment details)
– Identifiers (e.g., customer numbers, client IDs)
This data is collected through voluntary submissions, such as when you register for our services, contact us, or complete forms on our website. The lawful bases for processing this personal information under the General Data Protection Regulation (GDPR) may include the necessity of processing for the performance of a contract (Article 6(1)(b) GDPR), compliance with a legal obligation (Article 6(1)(c) GDPR), and, in some cases, consent (Article 6(1)(a) GDPR).
2.2. Non-Personal Information
In addition to personal information, ASDW may also collect non-personal information for statistical, analytical, and operational purposes. Non-personal information is data that does not directly identify individuals. This can include, but is not limited to:
– Browser and device information
– IP addresses
– Usage data, such as pages visited and interaction with our website
– Aggregated demographic information
Non-personal information is collected automatically through cookies and similar technologies, as described in Section 2.4.
2.3. How We Collect Information
ASDW collects information through various means, including:
– Direct Interactions: When you provide information by contacting us, registering for our services, or filling out forms on our website.
– Automated Interactions: When you visit our website, we may collect non-personal information automatically through cookies and similar technologies, as detailed in Section 2.4.
– Third Parties: Sometimes, we may receive information from third parties, such as business partners or service providers. We handle this information in accordance with this privacy policy and applicable laws. The lawful bases for processing personal information obtained from third parties under the GDPR may include legitimate interests pursued by ASDW (Article 6(1)(f) GDPR) and compliance with legal obligations (Article 6(1)(c) GDPR).
2.4. Cookies and Similar Technologies
ASDW uses cookies and similar technologies to enhance user experience, personalise content, and improve our website’s functionality. These technologies may collect non-personal information, and our Cookie Policy governs their usage.
You can manage your cookie preferences, including opting out of non-essential cookies. For more information on our use of cookies and how to manage your preferences, please refer to our Cookie Policy.
- Purpose of Data Collection
3.1. Why We Collect Data
ASDW collects and processes personal information for specific and legitimate purposes, which encompass, but are not restricted to:
– Service Delivery: To provide clients with the services they have explicitly requested, such as guidance and education.
– Communication: To uphold efficient and responsive communication with clients and website visitors, including addressing inquiries and furnishing updates on our services.
– Legal Obligations: To ensure compliance with legal and regulatory requirements, including those stipulated by the Australian Privacy Act and the European General Data Protection Regulation (GDPR).
– Improvement: To advance the quality of our services, website, and user experience through analytics, research, and feedback from our clients.
3.2. Legal Basis for Data Processing
ASDW diligently ensures that the processing of personal information is executed in strict adherence to applicable laws. The legal bases for processing personal information may encompass:
– Consent: Whenever individuals have explicitly provided consent for data processing, particularly in the context of marketing or non-essential cookies.
– Contractual Necessity: Processing data indispensable for fulfilling a contract or delivering services explicitly requested by the individual.
– Legal Obligation: Processing data to meet legal and regulatory obligations.
– Legitimate Interests: Processing data to address legitimate business interests, ensuring that these interests do not take precedence over the rights and interests of the individual.
Individuals have rights under the General Data Protection Regulation (GDPR), including the right to access, rectify, erase, restrict, and object to the processing of their personal data. They also have the right to data portability. Additionally, individuals can complain to a supervisory authority if they believe their data protection rights have been violated.
3.3. How We Use Collected Data
The data collected serves the following purposes in compliance with APP 3:
– Administering and overseeing our services.
– Maintaining communication with clients and visitors.
– Ensuring compliance with legal obligations.
– Enhancing our services and user experience.
– Conducting research and performing analytics.
3.4. Data Retention Period
ASDW retains personal information exclusively for the period necessary to fulfil the purposes articulated in this privacy policy or as mandated by relevant laws. Once the data is no longer requisite, it will be securely deleted or anonymised, ensuring the utmost privacy and data protection.
- Information Sharing
4.1. Sharing with Third Parties in Accordance with APP 6
ASDW acknowledges the importance of protecting your personal information and categorically commits to never disclosing or selling your personal data to third parties for marketing or advertising purposes. Nevertheless, there are specific circumstances in which we may share personal information with trusted third parties, including but not limited to:
– Service Providers: We may enlist the services of reputable providers to assist in delivering our services. These service providers are contractually obligated to maintain data protection and privacy standards at the same level as ASDW.
– Legal Obligations: We may disclose personal information when compelled to meet legal or regulatory obligations in accordance with APP 6. This may involve sharing data with government authorities and law enforcement agencies or responding to valid court orders.
– Business Partners: We occasionally collaborate with business partners to offer joint services or promotions. Whenever personal information is shared with business partners, it will be clearly and explicitly communicated, and consent will be sought whenever necessary.
4.2. International Data Transfers
ASDW may transfer personal information to countries beyond the borders of the European Economic Area (EEA) or Australia. In such instances, we ensure we have enough safeguards to protect the data and comply with the relevant data protection laws, including APP 8, where applicable.
These safeguards may encompass the deployment of standard contractual clauses authorised by the pertinent authorities, ascertaining that third-party recipients have embraced satisfactory data protection measures, or securing explicit consent when needed.
4.3. Sharing with Government Authorities
ASDW recognises its obligation to adhere to legal and regulatory requisites. In scenarios where it is mandated by law to share personal information with government authorities, law enforcement agencies, or other entities, we will do so with unwavering adherence to the legal framework.
Furthermore, we may also share personal information to protect our rights, privacy, safety, or property, as well as those of our clients, website visitors, or the public, in accordance with the allowances provided by the law.
- Client Rights
5.1. Right to Access
Clients and website visitors hold the unequivocal right, under the General Data Protection Regulation (GDPR), to request access to their personal information held by ASDW. We can provide information about our data, its origins, and the objectives for which it is currently under processing. If you want to exercise this right, please get in touch with us through the methods specified in Section 11.1.
5.2. Right to Rectify
If you have reason to believe that our personal information concerning you is erroneous or incomplete, you have the right, as provided under the GDPR, to ask for corrections. ASDW commits to quickly update and rectify any inaccuracies in your data when you request it.
5.3. Right to Erasure
Clients and website visitors maintain the right, as granted by the GDPR, to request the erasure of their personal information when it is no longer requisite for the purposes for which it was gathered or when data processing transgresses the bounds of legality. ASDW shall adhere to these requests unless there exist legitimate legal or business grounds that necessitate the data’s retention.
5.4. Right to Restrict Processing
You reserve the right, in accordance with the GDPR, to request the restriction of personal information processing under particular circumstances, such as when you dispute the accuracy of your data or when the processing is conducted unlawfully. ASDW will curtail processing while investigating such requests.
5.5. Right to Data Portability
Clients possess the right, as stipulated by the GDPR, to request the transfer of their personal information to another data controller in a structured, commonly used, and machine-readable format. ASDW will facilitate such transfers when they are feasible.
5.6. Right to Object
You have the prerogative, in accordance with the GDPR, to object to the processing of your personal information for direct marketing purposes, as well as for legitimate interests pursued by ASDW. We will terminate processing personal information for such objectives after we receive an objection unless there are compelling legal grounds for continued processing.
5.7. Automated Decision-Making
ASDW may engage in automated decision-making processes, encompassing profiling, for specific purposes such as content personalisation and marketing. When such decisions have legal or substantial effects on individuals, you maintain the right to request human intervention, articulate your perspective, and challenge the decision.
To exercise any rights outlined in this section, please get in touch with us as outlined in Section 11.1. We’re committed to responding to your requests within the timeframes required by the General Data Protection Regulation (GDPR), and we’ll respect your rights.
5.8. Compliance with APP Rights
ASDW is dedicated to respecting and fulfilling the rights of individuals as stipulated in the Australian Privacy Principles (APPs). To exercise any rights outlined in this section, please get in touch with us as delineated in Section 11.1. We’re committed to responding to your requests within the timeframes required by the APPs, and we’d like to respect your rights.
- Data Security
6.1. Security Measures in Accordance with APP 11
ASDW upholds an unwavering dedication to upholding the highest security standards for protecting your personal information, in alignment with APP 11 – Security of Personal Information. We have diligently implemented various technical, administrative, and physical security measures designed to fortify your data against any unauthorised access, disclosure, alteration, or destruction.
Our security measures encompass, but are by no means limited to:
– Access Controls: Stringently limiting access to personal information exclusively to authorised personnel. We employ robust authentication and authorisation protocols to ensure that only individuals with a legitimate need-to-know can access personal data.
– Encryption: Implementing industry-standard encryption protocols, ensuring data safeguarding during transmission and storage. This includes the use of secure and encrypted connections for data transfer.
– Regular Security Assessments: The conduct of periodic security assessments and audits to identify and rectify potential vulnerabilities. These assessments are conducted to stay ahead of emerging threats and vulnerabilities and to ensure compliance with security best practices.
– Employee Training: Equipping our employees with privacy and security training to ensure they are well-versed in best practices and their role in preserving data security. This includes training on how to handle personal information securely and how to recognise and report security incidents.
6.2. Data Breach Response
In the unlikely event of a data breach that could potentially jeopardise your rights and freedoms, ASDW is committed to full compliance with all applicable legal requirements, including those outlined in APP 11. Should we determine that a breach has transpired, we will undertake the following steps:
– Notify Data Subjects: If the breach can compromise your rights and freedoms, we will promptly notify affected individuals in adherence to legal mandates. This notification will provide a clear account of the breach’s nature, the probable consequences, and the measures undertaken or proposed to address it. We recognise the importance of transparent and timely communication with those affected.
– Notify Authorities: If the breach mandates legal reporting to the pertinent data protection authorities, ASDW will strictly adhere to the notification prerequisites and timelines outlined in relevant privacy laws and APP 11. We will collaborate with authorities to address the breach effectively.
– Investigate and Remediate: We will expeditiously launch an investigation into the breach, take decisive measures to mitigate potential harm, and institute a robust action plan to forestall future breaches. Our objective is not only to address the immediate impact but also to prevent similar incidents from occurring in the future.
– Maintain Records: ASDW will diligently uphold records of all data breaches, encompassing their nature, implications, and the steps taken to rectify the situation, all in strict accordance with applicable regulations, including those outlined in APP 11. These records are essential for compliance, transparency, and continuous improvement of our security measures.
- Third-Party Websites and Services
7.1. Links to Other Websites
Our website may include links to third-party websites, services, or content that are neither operated nor controlled by ASDW. These third-party websites and services maintain privacy policies and practices, which might vary from ours. ASDW does not endorse or assume responsibility for the content, privacy practices, or security of these third-party websites.
We encourage you to review the privacy policies and terms of use of any third-party websites you visit. It’s imperative to understand that ASDW cannot be held liable for how these websites handle your data.
7.2. Third-Party Services
ASDW may enlist the services of third-party providers to contribute to various aspects of our business operations, encompassing analytics, advertising, and payment processing. These service providers may have access to your personal information but are contractually bound to safeguard the data and utilise it exclusively for the purposes stipulated by ASDW.
In accordance with the requirements of the European General Data Protection Regulation (GDPR), when third-party service providers process personal data, ASDW enters into data processing agreements or contracts with these providers. These agreements ensure that your personal information is handled with the same care and protection as this privacy policy outlines.
While we implement measures to ensure that our service providers uphold the highest data protection standards, it’s essential to acknowledge that ASDW cannot guarantee the actions of these third parties. It is your responsibility to comprehend and accept that ASDW shall not be held accountable for the data practices of third-party service providers. We encourage you to review the privacy practices of our third-party service providers for a comprehensive understanding of how they process your data.
- Marketing Communications
8.1. Consent for Marketing in Accordance with APP 7
At ASDW, we hold your privacy in the highest regard. We are committed to sending marketing communications, such as newsletters, promotional offers, and updates, only when you have provided explicit consent to receive them, in accordance with APP 7 – Direct Marketing. We will consistently seek your consent before dispatching any marketing materials, and you retain the full authority to withdraw your consent at any time.
To give or withdraw your consent for marketing communications, you can use the preferences or unsubscribe links thoughtfully incorporated within the communication. If you need help, you can contact us using the contact methods outlined in Section 11.1.
8.2. Opting Out of Marketing Communications
If you ever decide that you no longer want to receive marketing communications from ASDW, we’d like to let you know that you’re more than welcome to opt out at your discretion. You can achieve this by any of the following means:
– Using the unsubscribe link thoughtfully provided within our marketing communications.
– Adjusting your communication preferences within your account settings (if applicable).
– Directly contact us through the methods outlined in Section 11.1 to request the removal of your information from our marketing lists.
We do wish to bring to your attention that even if you opt out of marketing communications, there remains a possibility that you may still receive transactional and service-related messages, which are indispensable for the use of our services or mandated by prevailing legal requirements, as outlined in APP 7.
- Children’s Privacy
9.1. Age Restrictions
ASDW maintains a steadfast commitment to preserving the privacy of children. Our services and website are expressly designed for individuals who have attained at least 18 years of age or the applicable age of majority stipulated by their jurisdiction. We are unwavering in our policy not to knowingly collect or process personal information from individuals under the age of 18 without the express consent of their parents or legal guardians. Should you become aware of any instance where we may have inadvertently collected personal information from a child without the requisite permission, please get in touch with us using the methods outlined in Section 11.1. Please don’t worry; we will take immediate and decisive steps to fix the situation.
9.2. Parental Consent
If you happen to be a parent or legal guardian and have concerns that your child may have provided us with personal information without your explicit consent, we encourage you to contact us according to the details in Section 11.1. We are fully committed to working with you to verify the information, get your explicit consent, and, where necessary, remove the information from our records.
ASDW is unwavering in its dedication to strict compliance with all applicable laws governing children’s privacy, including the Children’s Online Privacy Protection Act (COPPA) in the United States and similar regulations in other jurisdictions. We remain resolute in taking all requisite measures to protect the privacy and safety of children online in accordance with COPPA and similar rules in different jurisdictions.
- Changes to the Privacy Policy
10.1. Notification of Changes
ASDW maintains the right to periodically update and modify this privacy policy to align with evolving data practices, legal requirements, and enhancements to our services in accordance with APP 5 – Notification of the Collection of Personal Information. In the event of amendments to this privacy policy, the “Last Updated” date at the commencement of the document will be duly revised to indicate the latest revision date.
In our dedication to transparency and your privacy, we will also let you know of substantial changes in our privacy practices. This can happen through a notice on our website or, if you have provided us with your email address, by sending a direct notification to your inbox.
We emphasise the importance for clients and website visitors to review this privacy policy routinely. This enables you to remain well-informed about how ASDW manages personal information and to comprehend your rights and responsibilities regarding your data. Staying updated with our privacy policy gives you the best way to make informed decisions regarding your personal information, as outlined in APP 5. We need to notify users of substantial changes in this policy to ensure that you are fully aware of how your data is handled.
- Contact Information
11.1. How to Contact Us
Should you have any questions, concerns, or requests about this privacy policy, your personal information, or your privacy rights, please do not hesitate to contact ASDW at privacy@asdw.au.
We are fully committed to responding quickly and addressing your questions or concerns immediately.
11.2. Data Protection Officer
In accordance with applicable privacy laws, including the General Data Protection Regulation (GDPR), ASDW has designated a Data Protection Officer (DPO) to ensure the protection of your privacy and data security. The DPO is the primary point of contact for all matters related to data protection within our organisation.
Our DPO is responsible for overseeing data protection concerns, ensuring compliance with data protection regulations, and safeguarding the privacy of your personal information. To contact our DPO and address any data protection-related questions or issues, please take a look at the dedicated section of our privacy policy, where you will find the contact details for our Data Protection Officer. We want you to know that your privacy and data security are of the utmost importance to us, and our DPO is here to help you with any concerns.
- Complaints and Dispute Resolution
12.1. Lodging Complaints
ASDW is deeply committed to the fair and transparent resolution of any complaints or disputes concerning collecting and processing personal information. If you have concerns or complaints about our data privacy practices, we strongly encourage you to contact us using the methods provided in Section 11.1. Please don’t worry; we will devote every effort to promptly and transparently address your concerns.
12.2. Dispute Resolution Process
If you think your concerns need to be taken care of by ASDW or if you are dissatisfied with the resolution provided, you can seek independent dispute resolution mechanisms. Depending on your location, these mechanisms may encompass contacting your local data protection authority, engaging in arbitration, or availing mediation services.
We want to emphasise our unwavering commitment to collaborating with the relevant data protection authorities and actively participating in the dispute resolution process outlined in the privacy laws. Your confidence in our dispute resolution procedures is essential to us, and we are dedicated to ensuring that your concerns are handled effectively and in compliance with all relevant regulations.
- Applicable Laws and Jurisdiction
13.1. Governing Laws
This privacy policy and the practices outlined herein are governed by the privacy laws and regulations applicable in Australia and the European Union, including the Australian Privacy Act and the European General Data Protection Regulation (GDPR).
13.2. Jurisdiction and Dispute Resolution
Any dispute, claim, or legal matter that arises from or related to this privacy policy, your use of our services, or the handling of personal information by ASDW will be subject to the exclusive jurisdiction of the competent courts within the jurisdictions where ASDW operates.
We are fully committed to strict compliance with the requirements of privacy laws in both Australia and the European Union. In the event of disputes or regulatory inquiries, ASDW also pledges to cooperate with the competent data protection authorities and other relevant regulatory bodies to ensure the fair and transparent resolution of such matters. Your trust and confidence in our commitment to privacy are paramount to us.
- Effective Date and Version
14.1. Effective Date
This privacy policy is effective as of 14 June 2024. Any updates or modifications to this privacy policy will be reflected with a revised “Last Updated” date at the beginning of this document.
We would like you to look over this privacy policy periodically to stay informed about how ASDW handles personal information and to understand your rights and responsibilities concerning your data. The revised privacy policy accepts your continued use of our services and website following any updates.