Mangrove House Privacy Policy
Mangrove House Pty Ltd (Mangrove House) recognises that sensitive information, which has been disclosed to us, needs special care and protection. We are required by law, as detailed in the Information Privacy Act 2000 (“The Act”), to comply with a strict code of conduct to maintain the privacy of all personal information on record. This Privacy Policy complies with the privacy principles set out in the Act and explains how we apply them in practice.
Personal and sensitive information
Mangrove House collects the following personal and sensitive information and undertakes to hold it in a secure manner.
– Name and title
– Full contact details, including emergency contact
– Cultural background and migration history
– Physical and mental health history, including GP details
– Credit card details
– Personal opinions and comments (if expressed on intake form)
– And other documentary information
Collection
This information is collected directly from individual intake forms, emails, and phone calls with the client. Personal and sensitive information is also collected by Mangrove House’s use of Cliniko, the software application to maintain client records and notes. Cliniko is bound by The Act and its privacy policy can be found by visiting: https://www.cliniko.com/policies/privacy/
Mangrove House holds and uses information for the purposes of providing counselling services. This includes understanding client history prior to the commencement of counselling and referring to practitioner notes in relation to the client file to aid client recovery.
Mangrove House undertakes to maintain a high quality of data on record and to update that information as appropriate to the function it serves. Additional personal information will only be collected if necessary to maintaining a high standard of service to clients, and the individuals involved will be consulted by the means specified in the Act. Additional sensitive information as defined in the Act, will only be collected with the consent of individuals involved and in accordance with the Act. Recording of sessions via listening device is not permitted by either party without prior written consent.
Disclosure
The information will only be used within Mangrove House for the purpose for which it was collected and in accordance with the Act. Mangrove House will not disclose to a third party, any personal or sensitive information without written consent of the individual concerned.
The only exceptions to this include a permitted health situation, as defined by the Privacy Act; a permitted general situation as defined by the Privacy Act. Mangrove House will always seek written consent before disclosure or sharing of personal information. This consent will be waived if there is an immediate danger or threat of harm to the individual or the public at large.
Security
The entire process of collection, storage, transfer and use of personal information will be undertaken in a secure manner such that it fully protects all personal and sensitive information. On the cessation of connection with Mangrove House, the personal information will be held securely for seven (7) years, after the last contact. If the client is a minor at the end of contact with Mangrove House, records will be kept till the minor reaches the age of twenty-five (25). After this period, records will be archived within Cliniko.
Access and correction
Individuals are entitled to access their own personal and sensitive information held by Mangrove House. Individuals are also entitled to change incorrect or out of date information. The request for access to personal information must be made in writing and the request will be processed in accordance with the Act.
Anonymity
Due to the nature and purpose of the services provided by Mangrove House, it is not possible for clients to remain anonymous or use pseudonyms.
Identifiers
Mangrove House will not use identifiers assigned by government bodies and agencies.
How to make a complaint about breach of privacy
We will take all due care to make sure that breaches of privacy will not occur but if you do have a complaint it is very important that you let us know. Please contact Mangrove House directors in writing via info@mangrovehouse.com.au
Please note this document is only a brief summary of The Act and based on the requirements for informing the public specified in The Act. Detailed information on what is included in The Act can be found by visiting https://www.legislation.gov.au/Details/C2020C00237
Terms & Conditions
Introduction
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to Mangrove House’s use of cookies in accordance with the terms of Mangrove House’s privacy policy.
License to use website
Unless otherwise stated, Mangrove House and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
– republish material from this website (including republication on another website);
– sell, rent or sub-license material from the website;
– show any material from the website in public;
– reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
– edit or otherwise modify any material on the website; or
– redistribute material from this website [except for content specifically and expressly made available for redistribution.
Where content is specifically made available for redistribution, it may only be redistributed within your organisation.
Acceptable use
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Mangrove House’s express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without Mangrove House’s express written consent.
User content
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to Mangrove House a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Mangrove House’s the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Mangrove House or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Mangrove House reserves the right to edit or remove any material submitted to this website, or stored on Mangrove House’s servers, or hosted or published upon this website.
Notwithstanding Mangrove House’s rights under these terms and conditions in relation to user content, Mangrove House does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
No warranties
This website is provided “as is” without any representations or warranties, express or implied. Mangrove House makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Mangrove House does not warrant that:
this website will be constantly available, or available at all; or
the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial, mental health or medical matters you should consult an appropriate professional.
Limitations of liability
Mangrove House will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
– to the extent that the website is provided free-of-charge, for any direct loss;
– for any indirect, special or consequential loss; or
– for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Mangrove House has been expressly advised of the potential loss.
Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Mangrove House’s liability in respect of any:
– death or personal injury caused by Mangrove House’s negligence;
– fraud or fraudulent misrepresentation on the part of Mangrove House or
– matter which it would be illegal or unlawful for Mangrove House to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
Other parties
You accept that Mangrove House has an interest in limiting the personal liability of its partners, officers and employees. You agree that you will not bring any claim personally against Mangrove House partners, officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Mangrove House partners, officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Mangrove House Group.
Unenforceable provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
Indemnity
You hereby indemnify Mangrove House and undertake to keep Mangrove House indemnified against any losses, damages, costs, liabilities and expenses including without limitation legal expenses and any amounts paid by Mangrove House to a third party in settlement of a claim or dispute on the advice of Mangrove House’s legal advisers incurred or suffered by Mangrove House arising out of any breach by you of any provision of these terms and condition, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to Mangrove House’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Mangrove House may take such action as Mangrove House deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Variation
Mangrove House may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Assignment
Mangrove House may transfer, sub-contract or otherwise deal with Mangrove House’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Entire agreement
These terms and conditions constitute the entire agreement between you and Mangrove House in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with Australian law and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the appropriate Law Courts of jurisdiction.
You can contact Mangrove House by email: info@mangrovehouse.com.au
Credit: This document was created using a Contractology template available at http://www.freenetlaw.com.