What this Policy is about

Ability Beyond Choice is committed to respecting and protecting the privacy of the information provided by you when you engage with Ability Beyond Choice, including when you access and use the Platform.  

This Policy applies to Ability Beyond Choice and its Related Bodies Corporate (as defined in the Corporations Act 2001 (Cth). This Policy describes how we collect, use, store and disclose your information, including personal information, in connection with your interaction and engagement with Ability Beyond Choice and your access to and use of the Platform.

If you see a term in this Privacy Policy that is capitalised and undefined, it has the same definition as in our Terms of Use.

Your agreement to this Policy

By accessing the Platform you confirm that you have read and agree to the terms of    this Policy and consent to your personal information (including, your sensitive information) being collected, stored, used and disclosed in accordance with this Policy. Please read this Policy carefully to understand our practices regarding your personal information.

Changes to this Policy

We reserve the right to modify this Policy at any time in accordance with this provision.  If we make changes to this Policy, we will upload the revised Policy to the Platform. Changes to this Policy will come into effect immediately upon such  changes being uploaded on the Platform. Your continued use of the Platform following such upload will constitute your acceptance of any changes.

If we make a material change to this Policy, we will notify you either by posting a notice of the changes on the Platform and/or via the email address nominated by you in your Account. If you disagree with the revised Policy, you may terminate your agreement with Ability Beyond Choice (in accordance with the terms of the relevant agreement), cease using the Platform and deactivate your Account.

Employee records exemption

Where applicable, Ability Beyond Choice will rely on the "employee records exemption" in the Privacy Act and any other applicable exemptions in the Privacy Act or other relevant legislation. The employee records exemption means that in many cases, Ability Beyond Choice is not bound by the requirements of the Privacy Act in relation to personal information it holds about its current or former employees (relating to their employment).

Your engagement with Ability Beyond Choice

There are many ways that you can engage with Ability Beyond Choice, its Representatives or the   Platform including (but not limited to) as an Unregistered, Registered or Approved User or via telephone, email, post or in person.

Depending on how you engage with Ability Beyond Choice and its Representatives and use the Platform, we may ask you to share, or may collect your ‘personal information’.

Personal information

Under the Privacy Act, ‘personal information’ includes any information or opinion that identifies or can be used to identify, contact or locate you. Common examples include your name, address, telephone number or date of birth.  Whether you choose to share your personal information (including your sensitive information) is completely up to you, but you may not be able to access some areas of the Platform or effectively use the services offered through the Platform without providing Ability Beyond Choice with certain personal information.

Types of personal information

The types of information that we collect from you depend on your dealings with Ability Beyond Choice. For example, the information that we collect from Unregistered Users and Approved Users will vary. Below is a non-exhaustive list of the four general categories of information we collect.

Information you give us

We generally collect the following personal information from you through the Platform, or via telephone, email, post or in person.

We may ask for and collect your:

1. first name;
2. last name;
3. date of birth;
4. residential and postal address;
5. email address;
6. telephone number;
7. profile picture;
8. academic qualifications and certifications (if any);
9. expertise and experience;
10. employment history;
11. personal interests;
12. gender;
13. language preferences;
14. hourly rates;
15. availability;
16. living arrangements, including information about the individuals you live with and receive care and support from (as appropriate);
17. background information about you including your criminal record and any geographical or other limitations or preferences; and
18. lifestyle or biography details to be included in your Profile.

Communications with Ability Beyond Choice and other Users: 

When you communicate with Ability Beyond Choice or use the Platform to communicate with other Users, we monitor, record and store those communications and any information you choose to provide to Ability Beyond Choice and other Users.

Information received from an Account Manager: 

An Account Manager may manage an Account on behalf of a Participant in certain circumstances. If an Account Manager intends to provide Ability Beyond Beyond with personal information (including sensitive information) about any other person they must obtain the relevant person’s consent before providing us with that information.

Information we automatically collect from you

When you use the Platform, we automatically collect certain information from you, including personal information.

Usage information: 

We collect information about your interactions with the Platform such as the pages or content you view, your searches, your Bookings, your communications with other Users and other actions you take on the Platform.

Engagement records: 

If you contact Ability Beyond Choice on the Platform, by telephone, email, post or in person we automatically record any information, including personal information that you provide to us. If you become an Approved User, this information will be linked with your Account.

Log Data and Device Information: 

We automatically collect log data and device information when you access and use the Platform, even if you are an Unregistered User. That information includes, among other things, a recording showing how you used the Platform, your clicks, scrolls and activities on the Platform, your IP address, access dates and times, hardware and software information, device information, device event information, unique identifiers, crash data, cookie data, and the pages you’ve viewed or engaged with before or after using the Platform. We use this type of information to administer the Platform and to analyse trends.

Cookies: 

We collect some anonymous information about how you use the Platform by setting and accessing cookies on your computer. A cookie is a small text file that allows our system to identify and interact more effectively with your computer or device. These cookies track information such as how often you visit the Platform, what pages you view, and where you go after you leave the Platform. The cookies track your computer, not you. You can configure your web browser to restrict or disable cookies, however, this may cause some parts of the Platform not to have full functionality.

Payment Transaction Information: 

We collect information related to your payment transactions through the Platform, including the payment instrument used, payment dates and times, payment amounts, your billing postcode, address and other related transaction details. This information is necessary for the adequate performance of the agreement between you and Ability Beyond Choice.

Advertising Services: 

If you click on an online Ability Beyond Choice advertisement (e.g. ads on Google) the third party service hosting that advertisement will collect certain information and will provide that information to us to allow us to measure the effectiveness of our advertising.

Information from other Users: 

We may receive information, including personal information, about you from other Users. For example, an Approved User is required to report any incidents that occur during a Booking to Ability Beyond Choice; this report may include information about other Approved Users.

Information from organisations and service providers you engage with: We may receive information, including personal information, about you from plan managers, the NDIA, support coordinators and other disability support service providers that you engage with.

Your References: If someone has provided Ability Beyond Choice with a reference about you, it will be held and stored by Ability Beyond Choice. References may be published on your Profile.

Background Information: 

As required and permitted by applicable laws, Ability Beyond Choice may obtain police, background and other checks on you. We may use your personal information, including your full name and date of birth, to obtain such reports.

‘Sensitive information’ is a type of personal information and includes:

• health information;
• racial or ethnic origins;
• political opinions;
• membership of a political association, professional or trade association or trade union;
• religious or philosophical beliefs or affiliations;
• sexual orientation or practices;
• criminal record; and
• biometric information.

Ability Beyond Choice will only collect sensitive information that is necessary to allow you to use the Ability Beyond Choice Platform and for you to provide or receive Support Services. Depending on how you engage with Ability Beyond Choice or use the Platform, we may ask you to share some or all of the above sensitive information with us. By way of example, to be an Approved User, we may ask you to provide information regarding your disability or impairment, current medications, support needs and support history. 

Ability Beyond Choice will not collect your sensitive information unless:

1. it is required or authorised by law; or
2. you consent to the collection of the information; and
3. it is necessary for the adequate performance of your agreement with Ability Beyond Choice.

How we hold and store your personal information:

We may hold and store your personal information in hard copy or electronic format, in storage facilities that we own  and operate ourselves, or that are owned and operated by infrastructure and storage service providers.

Ability Beyond Choice and our third party infrastructure and storage providers have implemented a range of measures to protect the security of your personal information including:

1. ensuring encrypted secure transmission of your personal information (as necessary);
2. controls regulating which staff and contractors can access particular information;
3. using enterprise firewalls to protect servers that host your personal information; and
4. only allowing certain components of your personal information to be accessed by other Approved Users.

We are  continuously  implementing and  updating administrative,  technical, and physical security measures to help  protect your information against unauthorised access, loss, destruction, or alteration. We generally retain your personal information for as long as is necessary for the performance of your agreement with Ability Beyond Choice and to comply with our legal obligations.

How we use your personal information:

Information about how we use your personal information is  below. This list is not intended to be exhaustive and there may be other third parties to which we give your personal information (for example, professional advisors or insurers) where required  or permitted by law.

Use of your personal information for the Platform

We may use your personal information to build, operate and improve the Platform and as necessary for the adequate performance of our agreement with you. Below is a non- exhaustive list of the purposes for which we may use your personal information.

1. Verify or authenticate information provided by you and your identity;
2. Conduct necessary background, reference and other checks and verify the information you have provided as part of the Registration Process;
3. Enable you to access and use the Platform;
4. Enable you to create and update your Profile;
5. Maintain and update our records;
6. Enable you to communicate and connect with other Approved Users;
7. Operate, protect, improve, and optimise the Platform and our Users’ experiences on the Platform;
8. Operate, improve, and optimise related services, such as by performing analytics and conducting research;
9. Assist us to provide effective customer service to our Users;
10. Process, manage and administer account payments, billing issues and payroll transactions; and
11. Send you support messages, updates and account notifications.

Use of your personal information for the Ability Beyond Choice community

We may use your information to protect our community and the Platform, to create and maintain a safe environment for all of our Users and to comply with applicable laws. Below is a non-exhaustive list of the purposes for which we may use your personal information.

1. Verify or authenticate information provided by Users and the identity of other Users;
2. Detect and prevent fraud, spam, abuse, exploitation, neglect, security incidents, and other harmful activity;
3. Conduct security investigations and risk assessments;
4. Contact your referees and send requests for and collect references about you;
5. Conduct checks on Users (as required) against databases and other information sources, including background, working with children and vulnerable people checks or police checks;
6. Resolve any disputes or issues with any of our Users and enforce our agreements with third parties;
7. Enforce our agreement with you, our Terms of Use and the Ability Beyond Choice Standards and
8. Comply with our legal obligations and protect our lawful interests.

Use of your personal information for marketing and advertising purposes

We may use your personal information to undertake and direct advertising and marketing activities to you. Below is a non-exhaustive list of the purposes for which we may use your personal information.

1. Send promotional messages, marketing, advertising, and other information to you via telephone, email, online and other means;
2. Manage our relationships with you and our other Users;
3. From time to time, we may contact you by telephone or text message solely in connection with the services we provide and only if you have provided us with your phone number;
4. Conduct product and market research; and
5. Personalise, measure, and improve our advertising and marketing.

You can opt-out of receiving marketing communications from us by following the unsubscribe instructions included in our marketing communications. For more information about how to opt out of receiving marketing communications, please see paragraph 9 below entitled “Your choices”.

Disclosing your personal information:

Disclosure with your consent

Where you have provided your express consent for specific parts of your personal information to be disclosed, we will only disclose and share your personal information that is held by us as at the time of receiving your consent. If a Participant has nominated an Account Manager, that Account Manager will have access to all of the Participant’s personal information (including sensitive information) unless and until we are advised otherwise.

Sharing between Approved Users

Approved Users on the Platform are able to search for, access and view Profiles of other Approved Users by using search parameters that coincide with the personal information provided to us. All Approved Users on the Platform will be able to view your Profile, including personal and sensitive information such as your:

1. profile photo;
2. first name;
3. first letter of your surname;
4. age;
5. location;
6. the biography you included in your Profile;
7. work preferences such as your availability, whether you have your own transport and the Support Services you are able to provide as a Home Care as Support Worker (as appropriate); and
8. your support requirements (including your disability or impairment).

By joining the Platform, you agree to allow other Approved Users to view your personal information (including your sensitive information) and make contact with you. You also agree that Ability Beyond Choice may seek your consent to share your email and telephone details with other Approved Users to allow them to contact you.

Compliance with legal requirements and requests

We may disclose your personal information to courts, law enforcement, government authorities, or authorised third parties, if and to the extent we are required or permitted to do so by law or if such disclosure is reasonably necessary to:

1. comply with our legal obligations;
2. respond to claims asserted against Ability Beyond Choice;
3. respond to requests relating to criminal investigations or alleged or suspected illegal activity or any other activity that may expose us, you, or any other of our Users to legal liability;
4. comply with our mandatory obligations under relevant state legislation;
5. enforce and administer our Terms of Use or our relevant agreement with you; or
6. protect the rights, property or personal safety of Ability Beyond Choice, its Representatives, other Users, or members of the public.

We may disclose your personal information to:

1. calculate, deduct and remit to the Australian Tax Office all necessary taxation and compulsory superannuation contributions; and
2. provide, manage and administer Ability Beyond Choice's insurance coverage.

If you fail to meet your payment obligations to Ability Beyond Choice, we may be entitled to disclose your personal information to credit reporting bodies in accordance with the Privacy Act. The credit reporting bodies to which we may disclose your personal information include Equifax Pty Ltd.

Sharing with Ability Beyond Choice Related Bodies Corporate, affiliates and partners

We may share your personal information with our Related Bodies Corporate. We may also share your personal information with any organisation or entity in connection with any acquisition or potential acquisition of shares or assets in Ability Beyond Choice or the Ability Beyond Choice business (or part thereof).

We may disclose your personal information to third party service providers, consultants and business partners that assist us with, or work with us, or may potentially work with us in relation to archiving, auditing, accounting, customer contact, legal matters, business or growth consulting, risk management, banking, payment processing, delivery, data storage, data processing, data analysis, information management, marketing, investigations, cyber-security, research, training and website or technology services.

Sharing with organisations and service providers that you engage with

We may share your personal information, including sensitive information, with plan managers, the NDIA, support coordinators and other disability support service providers that you engage with. We will obtain your consent before sharing any information with plan managers, support coordinators or other service providers.

Inidentified data sharing

We may also share information about our Users that has been aggregated or combined so that it no longer identifies an individual User and other anonymised information for regulatory compliance, industry and market analysis, demographic profiling, marketing and advertising, and other business purposes.

Accessing your personal information:

You may access and amend your personal information held by Ability Beyond Choice. Alternatively, you have a right to ask for access to the personal information we hold about you. 

Please contact our:

Your personal information will usually be available within 30 days of your request. If there is a fee for accessing your personal information, we will confirm the amount before providing the information. We may require evidence of your identity as part of the process of providing you with access to your personal information.

In some circumstances we may decline to grant you access to your personal information (for example, if the release of your personal information would have an unreasonable impact on the privacy of others). 

Updating and correcting your Personal Information:

You may update or correct your personal information held by Ability Beyond Choice at any time.  by contacting us on 0412 950 577 or by email at info@abilitybeyondchoice.com.au It is your responsibility to ensure that your contact and personal information in your Profile and held by Ability Beyond Choice is kept up-to-date.

Your Choices

You may opt-out of receiving marketing communications or targeted advertising from us at any time, by using the link in promotional and marketing emails or by contacting us directly on 0412 950 577 or at info@abilitybeyondchoice.com.au. Please note you cannot opt-out of receiving administrative and transaction-related emails from us unless you deactivate your Account. These are emails that relate to your Account and/or your activity on the Platform.

Feedback

If you have any feedback or questions about this Privacy Policy or any of our privacy- related practices, please contact our Privacy Officer at info@abilitybeyondchoice.com.au or via telephone on 0412 950 577.

Complaints

If you have a concern about how we have handled your personal information, please let us know so we can address the problem. Please contact us:

Email: info@abilitybeyondchoice.com.au 

Phone: 0412 950 577

To lodge a formal complaint, please send details to the Managing Director in writing. We will attempt to respond within a reasonable time, usually 30 business days. Ability Beyond Choice treats all privacy complaints seriously and any complaint will be assessed by our Managing Director with the aim of resolving any issue in a timely and efficient manner. We request that you cooperate with us during this process and provide us with any relevant information that we may need to investigate the complaint appropriately. If your complaint is not resolved by our Managing Director, you can refer it to the Office of the Australian Information Commissioner.

The contact details are:

Office of the Australian Information Commissioner

Postal address: GPO Box 2999, Canberra, ACT 2601

Phone: 1300 363 992

Fax: 02 9284 9666

Website: www.oaic.gov.au

If your concern relates to your health information you may also contact your State or Territory Privacy Commissioner.