Effective date: 10 Jan 2024

1. Introduction and Purpose

1.1 Introduction

When you use ndcinstitute.com.au or drpam.au, you’re trusting us to handle your personal information with care. We take that trust seriously. This Privacy Policy describes how Pamela Douglas Consulting, trading as Dr Pam and the Possums programs, and The NDC Institute, collects, uses, discloses, and protects your personal information when you use our online websites and courses.

This Privacy Policy applies to Pamela Douglas Consulting (“Us”, “We”, “NDCI”, “Possums programs”, “Our”, “PDC”) trading as The NDC Institute and Dr Pam and the Possums programs and its subsidiaries and related bodies corporate, including Pamela Douglas Consulting Pty Ltd.

This Privacy Policy has been developed in compliance with the Privacy Act 1988 (Cth) (Australian Privacy Act) and the Australian Privacy Principles (APPs) made under that Act.

1.2 Purpose

(a) This Privacy Policy explains how and why we collect your Personal information, along with your rights to access and correct any Personal Information we obtain from you.

(b) We review and update our Privacy Policy regularly to ensure compliance with all Legislation. The most up to date Privacy Policy can be found at all times on our website: [insert link]. We will notify you, in writing, of any material changes to our Privacy Policy.

2. Key privacy points

(a) Please see below some key points as they pertain to the way we collect and use your information:

• (i) We do not obtain any money through advertising on our site. All income is derived from purchases from our website, as such, we do not sell or provide your information to any third-party advertisers.
• (ii) All information and data that is collected from you is for the purposes of tailoring our content to improve your experience with us, and for communication purposes;
• (iii) We use a small number of trusted online software systems, such as Google analytics and third-party payment processors, to help optimise and deliver our websites; and (iv) We honour all your requests to exercise privacy rights.

(b) In this Privacy Policy

• (i) Privacy Act means, in respect of Pamela Douglas Consulting, the Australian Privacy Act
• (ii) Privacy Principles means, in respect of Australia, the Australian Privacy Principles made under the Australian Privacy Act.

(c) Pamela Douglas Consulting maintains a policy of strict confidence concerning your (You, Your) personal information (Privacy Policy). This Privacy Policy applies to the collection, storage, use and disclosure of your personal information by us. By accessing ndcinstitute.com.au or drpam.au (Websites) and correlating platforms, you accept the terms of this Privacy Policy.

(d) This Privacy Policy applies to information provided to us whether via Our Websites, in connection with the product or services we offer, or by any other means and demonstrates our policies, procedures and practices for compliance with the Privacy Principles under the Privacy Act.

(e) This Privacy Policy applies in respect of information provided to us by persons under the age of 18 years however, those persons must obtain the consent of a parent or guardian prior to using the Websites and the parent or guardian will be responsible for appropriately supervising the person’s use of the Websites.

(f) If you have any further questions or if you wish to receive more information on Our information practices and Privacy Policy, please contact us (see Contact Us below).

3. Types of personal information we collect

3.1 General Purpose of Collection

(a) All personal information that We or Our related bodies corporate collect is reasonably necessary for the provision of Our products and services.

(b) We will not collect personal information unless the information is reasonably necessary for, or directly related to, one, or more of our functions or activities. If we are unable to collect the personal information, we reasonably require to supply our products and services, we reserve the right to reject engaging with you or organisation with which you are connected.

(c) Information we predominantly collect relates to Your identity, qualifications and place of practice. Whilst much of this information is not personal information, some of the information we collect, on its own or when matched with other information, may be personal information about you.

(d) You may provide the following types of information to Us:

• (i) (Non-Personal Information) includes information that We collect from You that is non-identifiable and anonymous. This means We are not aware of the identity of the person from (or about) whom the information has been collected;
• (ii)(Personal Information) includes information that identifies You or can be used to identify you, or from which you are reasonably Identifiable; and
• (iii)(Payment Information) includes your payment information, including but not limited to credit card numbers. This information is stored and processed by our third-party payment processor, or directly by any third-party app store used to purchase and download our products or services. If you require more information regarding Our third-party payment processors, please contact us.

(e) For the purposes of this Privacy Policy, references to Personal Information, unless otherwise stated, include Payment Information.

3.2 Sensitive Information

We do not collect any sensitive information from you as defined in the Privacy Act 1988 (Cth). Sensitive Information is information about you which pertains to information about your racial or ethnic origin, political opinions, professional or political or religious affiliations or memberships, sexual orientation or practices, criminal record, health, genetics and/or biometrics.

4. Who this Policy applies to

This Privacy Policy applies to:

(a) all current and past users or subscribers of our Websites;

(b) all individuals whose Personal Information is collected in relation to the products and Services offered by Us;

(c) all individuals whose Personal Information has been collected to enable Us to provide Services to you; and

(d) all individuals whose Personal Information is collected by Us in the course of our functions and activities (including demonstrations of Our services).

5. Use and disclosure of personal information

5.1 Use

(a) We and our service providers use the information described above for the following purposes:

• (i) manage and improve our website and app generally;
• (ii) process your registration and verify your information;
• (iii) customize content, preferences, and advertising on our website and app, across the Internet and elsewhere;
• (iv) send you confirmations, updates, security alerts, and support and administrative messages;
• (v) conduct sales and marketing;
• (vi) conduct business operations such as auditing, security, fraud prevention, invoicing and accounting, analytics, and research and development;
• (vii) protect against, identify, investigate, and respond to misuse of our website or app or other unlawful behaviour;
• (viii) address legal requirements;
• (ix) establish, exercise, or defend our legal rights; and
• (x) create aggregated or de-identified information.

(b) We may use personal information about you for the primary purpose of providing our services, and for which you would reasonably expect us to use that information, including sending you newsletters by email. We may use any email address you provide to us at any time for this purpose.

(c) We may also use or disclose information about you:

• (i) where we have obtained your consent; and
• (ii) as required by relevant laws, statutes, regulations, codes and external payment systems.

5.2 Disclosure

(a) We will not disclose information that personally identifies you to any Third Party other than as set out in this Privacy Policy. In order to deliver the services that We provide, We may disclose your Personal Information to other organisations, only in relation to providing Our services to you. We take reasonable steps to ensure that these organisations are bound by privacy obligations in relation to the protection of your Personal Information.

(b) We may share with Third Parties information that is not associated with Your name or identity, such as Website usage information or non-personally identifiable demographic information.

5.3 Unauthorised access use or disclosure

In the event of a security incident involving unauthorised access, use or disclosure of Personal Information where a third party with whom we share Personal Information is involved, we will seek to work cooperatively with them to protect the Personal Information we have shared with them.

6. Opt-out

You can opt out of receiving marketing material from Us at any time by unsubscribing. You agree and acknowledge that even if you opt out of receiving material from Us, We will still send you essential information that we are legally required to send you relating to the services we provide. Once You opt out of receiving marketing material from Us, you agree and acknowledge that this removal from Our distribution lists may take several business days after the date of you request to be removed.

7. Third Parties and your information

(a) We will only collect, store, use or disclose personal information as set out in this Privacy Policy unless We are required by law to use that information to protect Our rights or property (or those of any third party), or to avoid injury to any person.

(b) Although the Websites may link directly to websites operated by third parties (Linked Websites), you acknowledge that Linked Websites are not operated by us. We encourage you to always read the applicable Privacy Policy of any Linked Site on entering the Linked Site. We are not responsible for the content or practices of the Linked Websites nor their privacy policies regarding the collection, storage, use and disclosure of Your personal information.

8. Disclosure of Information Overseas

For Our businesses, We store and retain your Personal Information in Australia.

9. Your consent

(a) By using Our Websites, you consent to the collection, storage, use and disclosure of your Personal Information in accordance with this Privacy Policy and as otherwise permitted under the Privacy Act.

(b) Where you provide information directly to Us, you consent to use and disclosure of that information in accordance with this Privacy Policy.

10. Cookies and other Analytics

10.1 Cookies

(a) We may collect information about your usage of Our Websites and apps, including technical, behavioural and other aggregated information, for the purpose of obtaining detailed analytics of your behaviour (based on your demographic information and use of our app and Websites). To gain this information “cookies” may be used, if the privacy settings on your device allows.

(b) Cookies also allow Us to provide you with more personalised service. We use cookies to:

• (i) determine whether you have previously accessed our Websites;
• (ii) store user preferences, identify the pages you have accessed, your IP address and the date, time, login location and duration of your visit;
• (iii) improve the performance of the Websites. For instance, they help pages load quicker;
• (iv) aid in the security of your use of Our Websites;
• (v) aid in the log-in process;
• (vi) facilitate administration of Our Websites;
• (vii) generate statistics about the use of Our Websites (including through the use of third party analytics services) to continually improve Our Websites and customer service, and data products and identify product trends; and
• (viii) help Us to serve you relevant advertisements and implement frequency capping procedures.

(c) This information is not linked to any Personal Information you may provide to the Websites and cannot be used to identify you.

10.2 Analytics

We may use third party analytics service providers, including but not limited to Google Analytics, to evaluate and provide Us with information about the use of the Websites. Your IP address and other information will be collected by automated means to report on your use of the services. These third-parties use cookies, web beacons, pixels, embedded scripts and other, similar technologies to automatically collect information about your website use, report website trends, and help us compile website metrics. You can learn about Google’s specific practices by going to www.google.com/policies/privacy/partners. For more information about how Google Analytics uses your information please click here.

10.3 Opting out from Cookies and analytics

(a) You may withdraw or change your cookies consent at any time by modifying your browser settings to accept or decline cookies. You may also go to www.allaboutcookies.org or www.youronlinechoices.eu if you are in Europe, or to www.aboutads.info/choices if you are anywhere else for instructions on how to disable cookies.

(b) If you choose to configure your computer so that it disables cookies or does not accept them, you may not be able to make full use of Our Websites.

(c) You may opt-out from Google Analytics here or by downloading the Google Analytics opt-out browser add-on, available at: https://tools.google.com/dlpage/gaoptout. In some instances, when you opt- out, a new cookie (Opt-Out-Cookie) is placed in your web browser. This tells the third-party provider to cease data collection from your browser and prevents advertisements from being delivered to you.

11. Storage and security

(a) We will use all reasonable endeavours to keep your Personal Information in a secure environment, however, this security cannot be guaranteed. Your use of our Websites and the electronic storage of your Personal Information is secured by practices and procedures which we consider are consistent with Australian industry standards. All orders placed online using a credit card are covered by SSL security technology to protect customer details. These security measures are designed to ensure your Personal Information is not subject to unauthorised access, loss or misuse. If you reasonably believe that there has been unauthorised use or disclosure of your Personal Information, please contact us (see Contact Us below).

(b) If We no longer need your Personal Information, unless We are required under Australian law or a court or tribunal order to retain it, We will take reasonable steps to destroy or de-identify your Personal Information, in accordance with our document and information retention policy.

(c) Notwithstanding the reasonable steps taken to keep information secure, breaches may occur. In the event of a security incident, we have in place procedures to promptly investigate the incident and determine if there has been a data breach involving Personal Information, and if so, to assess if it is a breach that would require notification. If it is, we will notify affected parties in accordance with Privacy Act requirements.

12. Variation and consent to variation

(a) We may vary the terms of this Privacy Policy at any time. You should check this Privacy Policy regularly so that you are aware of any variations made to this Privacy Policy. You will be deemed to have consented to such variations by your continued use of the Site following such changes being made.

(b) We will notify you in writing of any material change of this Privacy Policy to your nominated email address.

13. Accuracy of your information

We take all reasonable steps to ensure that your Personal Information held by Us is accurate, up-to-date, complete, relevant and not misleading. If you believe that any of your Personal Information is not accurate, up-to-date, complete, relevant and not misleading, please contact us (see Contact Us below) and We will take all reasonable steps to correct it within a reasonable time.

14. Access to information we hold about you

(a) You may request to access the Personal Information we hold about you. We will endeavour to respond to any such request within a reasonable period of time and as required under the Privacy Act and, where reasonable and practicable, give access to the information in the manner you request. This will be subject to any exemptions allowed under the Privacy Act. You may request this information by contacting Us (see Contact Us below).

(b) We may charge a reasonable fee for providing that information.

15. Complaints or Disputes

(a) If you have a complaint about Our treatment of your Personal Information, please contact our general manager at tom@pameladouglas.com.au. Our general manager will consider and if, in Our reasonable opinion, necessary, investigate your complaint and endeavour to respond to you within a reasonable period of time.

(b) If We do not adequately answer your concerns, you have the right to make a complaint as follows: Australia: to the Office of the Australian Information Commissioner

16. Contact Us

(a) If you have any questions relating to this Privacy Policy or your personal information, please contact Our general manager at: tom@pameladouglas.com.au

(b) When contacting Us or using Our products and services, you have the option to either not identify yourself or to use a pseudonym. However, this will not apply if it is impracticable for Us to communicate with you that way. We are required to verify your identity if you wish to exercise any of your rights in relation to your personal information held by Us.

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1. Annexure

1: Processing of Personal Data (Residents of the EEA, Switzerland and UK)

We provide additional information to Our EEA, Switzerland and UK based users to comply with data protection laws.

1.1 What is personal data?

(Personal Data) is information about you (a “Data Subject”) the use of which is governed by applicable data protection laws. It will include any information from which you can be identified, directly or indirectly, in particular by reference to an identifier such as your name, an identification number, location data, an online identifier or other information about your identity. Most information collected about you on the Websites will constitute Personal Data.

1.2 Who is responsible for your Personal Data?

If you use our Websites, the data controller is Pamela Douglas Consulting Pty Ltd

1.3 What is the legal basis for processing your Personal Data?

(a) On some occasions, We process your Personal Data with your consent, for example, when you agree to receive Our newsletter or to deal with your enquiries.

(b) On other occasions, We process your Personal Data when We need to do this in order to fulfil a contract with you, such as granting you access to Our online services.

(c) We also process your Personal Data when it is in our legitimate interests to do this and when these interests are not overridden by your data protection rights. For example, We may process your Personal Data in our legitimate interests to ensure that our Websites and services are provided efficiently and in an user-friendly and personalised manner, taking into account user feedback, data and profiles, unless consent is required for any such processing under applicable law. We will process Personal Data to ensure the security of Our business and the information of Our users, and to ensure the proper and efficient administration of Our business. You may contact Us for further information.

(d) Finally, We will process your Personal Data where We are required to do this by law. For example, where We have to fulfil anti-money laundering requirements or disclose information under a court order.

1.4 Data transfers

(a) Personal Data that We collect may be stored and processed in and transferred between any of the countries in which We operate in order to enable Us to use the Personal Data in accordance with this Privacy Policy.

(b) Personal Data which you provide may be transferred to Our group companies, commercial partners, suppliers or agents located outside your country as set out above. We will ensure adequate protection of Personal Data transferred outside of your country as required under applicable laws. For example, if you are located in the EEA, Swiss or in the UK, We may enter into model clauses with the recipient. You may contact Us for a copy of the safeguards which we have put in place to protect your Personal Data in these circumstances.

(c) In addition, Personal Data that you submit for publication on the Websites will be published on the internet and may be available, via the internet, around the world. We cannot prevent the use or misuse of such information by others.

1.5 How long do We keep personal data?

We keep your Personal Data for as long as We are required to provide you with the necessary Website content and services and to carry out the processing set out in this Privacy Notice, and in line with Our obligations under applicable law. This means that We will generally not keep your Personal Data for longer than six years following your last interaction with Us, and the actual retention period will often be shorter. You may contact Us for further information.

1.6 Your rights

(a) You may ask Us for a copy of your Personal Data, to correct it, erase it or to transfer it to other organisations at your request. You also have rights to object to some processing including profiling and, where We have asked for your consent to process your Personal Data, to withdraw this consent. In particular, you have the right to object to direct marketing at any time. Where a you withdraws your consent, this will not affect the legitimacy of the processing conducted prior to your request. Where We process Personal Data because we have a legitimate interest in doing so (as explained above), you have a right to object to this. Where We make a decision based solely on automated processing which significantly affects you, you may have the right to contest the decision, express your point of view and obtain human intervention.

(b) These rights may be limited in some situations – for example, where We can demonstrate that We have a legal requirement to process your Personal Data.

(c) Please use the contact information set out in our Contacting Us section above. We will aim to acknowledge your enquiries within 72 hours and respond within one month, unless otherwise required by law.

(d) We hope that We can satisfy queries you may have about the way We process your Personal Data. However, if you have unresolved concerns, you also have the right to complain to your local data protection authority.

General

This Privacy Policy is effective as of January 10, 2024

We may vary this Privacy Policy from time to time. We will notify you of these changes by publishing them on our Websites.