Privacy Policy
1. Introduction

(a) The MDMW App and the Services made available through the MDMW App is created and controlled by My Day My Way Pty Ltd (ACN 683 337 573) (MDMW, we, us or our).

(b) We are committed to ensuring your Personal Information and Sensitive Information is protected. We manage your Personal Information and Sensitive Information in accordance with the Australian Privacy Principles set out in the Privacy Act 1988 (Cth) (Privacy Act).

(d) This Privacy Policy outlines how we collect, store, use and disclose your Personal Information and Sensitive Information and how you may access your Personal Information and Sensitive Information kept by us or how you may make a privacy complaint.

(e) For the purposes of this Privacy Policy, Account Holder, Authorised User, MDMW App, Services and User Profile have the meaning of the My Day My Way Terms and Conditions.

2. The information we collect about you

2.1. Personal information

(a) Personal information has the same meaning that it has under the Privacy Act, namely, information means 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 recorded in a material form or not.

(b) Sensitive Information has the same meaning that it has under the Privacy Act, namely information or opinions about your health, political affiliations, sexual preferences, religious beliefs, racial or ethnic origin, criminal history or other such private information.

(i) Personal Information and Non-Personal Information from Account Holders and Authorised Users who access and use the MDMW App and Services and other individuals who interact with us. We do not collect, store or use Sensitive Information about Account Holders and Authorised Users.
(ii) Personal Information and Sensitive Information about individuals in care.

(d) We will only collect and hold Personal Information about Account Holders, Authorised Users and individuals in care that is reasonably necessary to undertake our business activities and functions, to make the MDMW App and the Services available to Account Holders and Authorised Users, or as otherwise permitted by law.

2.2. Account Holder and Authorised Users

We collect and hold Personal Information about Account Holders and Authorised Users as well as information or data that does not contain Personal Information. For example, the type of Personal Information and Non-Personal Information that we collect includes:

(a) if you are the Account Holder, your registration information (for example, your full name, email address, date of birth and mobile number) and your account credentials (such as your username and password created by you as a user of the MDMW App);
(b) if you are an Authorised User, your User Profile details (for example, your full name, email address, date of birth and mobile number) and your account credentials (such as your username and password created by you as a user of the MDMW App);
(c) information about the connection between the Account Holder, any Authorised Users and the individual in care and the information that the Account Holder provides to invite the Authorised Users to access the MDMW App and any information or data created by the activities of the Account Holder and any Authorised User on, or via, the MDMW App;
(d) any content, information and other data that an Account Holder and Authorised User posts, publishes, submits or receives on, or via, the MDMW App about an individual in care, the Account Holder or an Authorised User;
(e) information about the interaction and communication between Account Holders, Authorised Users and individuals in care; and
(f) other information that you provide to us or that we may collect in the course of our relationship with you.

2.3. Individual in care

We collect and hold Personal Information and Sensitive Information about a person in care. For example, the type of Personal Information and Sensitive Information that we collect includes the following:

(a) identity information relating to the individual in care (such as their full name, address, date of birth and details of their relationship to the Account Holder);
(b) information relating to where the individual in care is receiving treatment or care and who their carers or support workers are; and
(c) health and lifestyle information relating to the individual in care, including, but not limited to, their information relating to their health or disability, medical records, medical care and clinical history (for example, health records, medications, behavioural strategies, personal preferences, community access and outings, medical procedures, daily routine trackers, task lists, celebrations, incident reports, emergency treatment plans, health management plans and behavioural support plans and any other health information about you).

2.4. Other information

(a) We may also collect:

(i) some information that is not Personal Information because it does not identify you or anyone else. For example, we may collect anonymous answers to surveys or aggregated information about how users use the MDMW App;
(ii) device information which is automatically collected from you when you visit and navigate through the MDMW App, our website and use the Services. Such information may include, but is not limited to, your device type, your device’s network connections, unique device identifier, your device’s name, your device IP address, screen size and calibration, information about your device’s web browser and internet connection you use to access the MDMW App, our website or our Services, geolocation information, browser characteristics, device characteristics, operating system and language preferences, dates and times of visits to the MDMW App, our website and other usage statistics.

(b) If you are a candidate seeking employment with MDMW, we will use your Personal Information to process your application and assess your suitability for any role. We may retain your information for future reference.

2.5. Children

(a) We may collect Personal Information and Sensitive Information from children (persons under the age of 18 years) when the Account Holder and Authorised Users publish or post information and content about an individual in care who is under the age of 18 years, and we only use and disclose Personal Information and Sensitive Information of a child with the express consent of the Account Holder (who is a parent/legal guardian of the child) and only for the purpose of providing the MDMW App and Services to the Account Holder and Authorised User.

(b) To protect children in care, we have put safeguards in place, such as:

(i) only permitting Authorised Users to access and use the MDMW App with permission of the Account Holder (including granting the Account Holder the right to remove an Authorised User’s access rights to the MDMW App);
(ii) only permitting family members (who are Authorised Users) the right to view information and content about a child (and not download, post, or edit information and content about a child);
(iii) allowing the Account Holder to monitor the use of the MDMW App and Services by an Authorised User and to control who can access and use the MDMW App; and
(iv) allowing Account Holders and Authorised Users to complain or report conduct to MDMW (such as the posting of images or videos) that breaches the privacy rights of a child or otherwise contravenes the MDMW App User Terms and Conditions.

(c) If any parent or legal guardian has queries regarding our collection, use, processing or disclosure of Personal Information and Sensitive Information relating to their child, they should contact us using the details below.

3. Collection

3.1. Direct collection from Account Holder and Authorised Users

(a) We will collect Personal Information and Non-Personal Information about Account Holders and Authorised Users in a number of different ways. We may collect Personal Information and Non-Personal Information directly from Account Holders and Authorised Users or in the course of our dealings with them. For example:

(i) If you are an Account Holder, when you:
- (A) set up and create an account on the MDMW App and when accessing and using the MDMW App and Services;
- (B) create, post, exchange and publish content, information, and other data on or via the MDMW App.
(ii) If you are an Authorised User, when:
- (C) the Account Holder sets up and creates a User Profile for you on the MDMW App (including when the Account Holder edits or updates your User Profile on the MDMW App or resets your password) and when the Authorised User accesses and uses the MDMW App and Services;
- (D) you create, post, exchange and publish content, information, and other data on or via the MDMW App.
(iii) When you visit our website or contact or correspond with us online (for example, when you complete online forms, subscribe to our publications, alerts and newsletters, lodge a complaint about another user, request customer support services, contact us by email or phone, or make a comment on social media sites or you participate in a promotion, competition or survey).

(b) We will collect Personal Information, Sensitive Information and Non-Personal Information about individuals in care directly from Account Holders and Authorised Users in the course of our dealings with them (for example, we may collect information about an individual in care each time an Account Holder or Authorised User posts or publishes information about that individual in care on or via the MDMW App).

3.2. Collection from third parties

(a) We may also collect Personal Information and Non-Personal Information about Account Holders, Authorised Users and individuals in care from publicly available sources and third parties, including:

(i) when you provide your Personal Information to third parties (including to our related bodies corporate, business partners, service providers and third party contractors);
(ii) if you use:
- (A) our social media sites or applications;
- (B) other third party products and services that interact with, or connect with, the MDMW App and the Services (such as our third-party payment processors).

(b) If you provide us with Personal Information about individuals in care or another individual (as their parent, legal guardian or authorised representative), we rely on you to:

(i) inform them that you are providing their Personal Information to us; and
(ii) advise them that they can contact us for further information.

(c) You must take reasonable steps (to the extent required by law) to ensure the individual is aware of, and consents to, the matters outlined in this Privacy Policy, including that their Personal Information and Sensitive Information is being collected, the purposes for which that information is being collected, the intended recipients of that information, the individual’s right to access that information, and who we are and how to contact us.

3.3. Third party payment processor

We use a third party payment processor, Apple Pay, to process payments made to us. In connection with the processing of such payments, we do not collect, process, use, share, store or disclose payment information (such as credit card and bank account details). Rather, all such information is provided directly to our third party processor, Apple Pay, whose use of your Personal Information is governed by their privacy policy, which may be viewed at https://www.apple.com/legal/privacy/data/en/apple-pay.

4. How we use your Personal Information

4.1. Purposes of use and disclosure

(a) We only use, process and disclose Personal Information (including Sensitive Information) for the purposes for which it is collected.

(b) In particular, we use, process and disclose Personal Information to:

(i) provide or deliver the MDMW App and the Services to Account Holders and Authorised Users (including, without limitation, the means through which Account Holders can communicate with Authorised Users who are caring for a family member in need of care and support);
(ii) improve, develop and manage our website, the MDMW App and the Services;
(iii) inform you about the MDMW App, our website, the Services or about offers, competitions, promotions, events, surveys, questionnaires about us, the MDMW App or other matters we believe are of interest to you;
(iv) manage, administer, improve, test, develop and upgrade the MDMW App, website and our Services, inform you about scheduled maintenance or outages and manage our relationship with you or to otherwise investigate complaints about the MDMW App and Authorised Users;
(v) share with our Authorised Third Parties;
(vi) verify your identity;
(vii) conduct fraud, risk reduction and creditworthiness checks;
(viii) perform research and analysis about our products, services, the MDMW App, including usage patterns, trends, benchmarking and other statistical or behavioural data (after anonymisation);
(ix) comply with regulatory or other legal requirements;
(x) charge and bill you for the use of our products and services or the MDMW App;
(xi) for direct marketing purposes (see section 5 below);
(xii) for any purpose to which you have consented; and
(xiii) for any other purpose notified to you at the time of collection.

(c) In the event of a merger, acquisition or sale of the whole or part of our business or assets, we reserve the right to transfer your Personal Information as part of the transaction, without your consent or notice to you.

4.2. Disclosure to Authorised Third Parties

(a) In order to provide or deliver the MDMW App, our website and Services to you and to individuals in care, we may disclose Personal Information and Non-Personal Information to:

(i) our related body corporates, business partners, service providers, third party contractors, agents or suppliers;
(ii) authorised external service providers who perform functions on our behalf (such as internet and technology services providers, app and website software developers, hosting and data storage companies, accounting and bookkeeping service providers, marketing, advertising and security service providers, third party payment processors, fulfilment companies, credit reporting agents, debt collection agents, market research and recruitment service providers); and
(iii) external business advisors such as accountants, auditors, lawyers, insurers and financiers.

(b) Prior to disclosing Personal Information to Authorised Third Parties, we will take steps reasonable in the circumstances to ensure that those parties treat your Personal Information securely and in compliance with relevant privacy principles.

(c) Our Authorised Third Parties may also provide us with Personal Information collected from you. If you disclose Personal Information to any Authorised Third Parties, we rely on you to provide the Authorised Third Parties with consent for us to collect, store, use, process, alter and disclose your Personal Information.

(d) We may also disclose any Personal Information we consider necessary to comply with any applicable law, regulation, legal process, governmental request or industry code or standard.

4.3. Overseas disclosure

(a) In the course of providing you access to, and use of, the MDMW App, our products or services, it may become necessary or desirable to disclose Personal Information to Authorised Third Parties located overseas. The countries in which these overseas recipients may be located will depend on individual circumstances. However, in the course of our ordinary business operations we commonly disclose Personal Information of Account Holders to third party payment processors located outside of Australia, including the United States and elsewhere.

(b) The laws where these overseas recipients may be located provide various levels of protection for Personal Information which are not always equivalent to the level of protection in Australia. Where we transfer your Personal Information overseas we will take reasonable steps to ensure that your Personal Information is treated securely, and that the means of transfer provides adequate safeguards.

4.4. Disclaimer

(a) We will not disclose your Personal Information to any third party (other than our Authorised Third Parties) without your written consent, unless:

(i) we are otherwise required by relevant privacy laws;
(ii) we are permitted to under this policy; or
(iii) such disclosure is, in our opinion, reasonably necessary to protect our rights or property, avoid injury to any person or ensure the proper functioning of the MDMW App.

(b) This policy covers only the use and disclosure of information we collect from you. The use of your Personal Information by any third party is governed by their privacy policies and is not within our control.

5. Direct marketing

5.1. Your consent

(a) We may use and disclose your Personal Information (excluding Sensitive Information) to send you information about the MDMW App, our website and the Services we offer, as well as other information that may be of interest to you.

(b) These communications may continue, even after you stop using the MDMW App or our Services.

5.2. Communication channels

(a) We may send this information to you via the communication channels specified at the time you provide your consent.

(b) These communication channels may include mail, email, SMS, telephone, social media or by customising online content and displaying advertising on our site.

5.3. Opting-out

You can opt out of receiving these communications by:

(a) contacting us using the details below; or
(b) using the unsubscribe function in the email or SMS.

6. Storage and security

6.1. Protecting your Personal Information

(a) We will take steps that are reasonable in the circumstances to ensure that the Personal Information and Sensitive Information that we hold are protected from misuse, interference and loss and from unauthorised access, modification or disclosure.

(b) We protect your information using physical, technological and administrative security measures to minimise and manage the risks of unauthorised access, disclosure, use and alteration of Personal Information and Sensitive Information.

(c) Our officers, employees, agents and third-party contractors are expected to observe the confidentiality of your Personal Information.

(d) Wherever possible, we require that Authorised Third Parties who have access to your Personal Information take reasonable steps to:

(i) protect and maintain the security of your Personal Information; and
(ii) comply with the relevant Australian Privacy Principles when accessing and using your Personal Information.

6.2. No guarantee

(a) The transmission of information via the internet is not completely secure. While we do our best to protect Personal Information and Sensitive Information, we cannot guarantee the security of any Personal Information and Sensitive Information transmitted through the MDMW App.

(b) You provide your Personal Information (and the Personal Information and Sensitive Information of an individual in care) to us at your own risk and we are not responsible for any unauthorised access to, or disclosure of, such Personal Information and Sensitive Information.

6.3. Destruction of Personal Information

We will destroy or de-identify Personal Information and Sensitive Information when it is no longer required, unless we are required or authorised by law to retain the information.

6.4. Notifiable Data Breaches Scheme

In the event of any loss, or unauthorised access or disclosure of your Personal Information and Sensitive Information that is likely to result in serious harm to you, we will investigate and notify you and the Australian Information Commissioner as soon as practicable, in accordance with the notifiable data breach scheme contained in Part IIIC of the Privacy Act.

7. Accessing and correcting your Personal Information

(a) We take steps reasonable in the circumstances to ensure Personal Information (including Sensitive Information of individuals in care) we hold is accurate, up-to-date, complete, relevant and not misleading. Under the Privacy Act, you have a right to access and seek correction of your Personal Information (and the Personal Information of an individual in care if you are their parent or guardian) that is collected and held by us.

(b) If at any time you would like to access or correct the Personal Information we hold about you or an individual in care, or you would like more information about our approach to privacy, please contact us via the contact details set out in section 12 below. We will grant access to the extent required or authorised by the Privacy Act or other law and take steps reasonable in the circumstances to correct Personal Information where necessary and appropriate.

(i) you will have to provide proof of identity to ensure that Personal Information is provided only to the correct individuals and that the privacy of others is protected; and
(ii) we may charge you a reasonable administration fee, which reflects our costs in providing you with access to your Personal Information in accordance with your request.

(d) If we refuse your request to access or correct your Personal Information, we will provide you with written reasons for the refusal and details of complaint mechanisms.

8. Consent

You expressly and freely acknowledge and agree that MDMW, our Authorised Third Parties and each of their officers, employees, agents and contractors are permitted to collect, process, use, share, store, disclose, alter and destroy your personal information in accordance with this Privacy Policy and the Privacy Act.

9. Cookies and Analytics

(a) We use small text files placed on your computer called ‘cookies’ to collect standard log and visitor behaviour information in an anonymous form. We use this information to analyse how visitors use our website and the MDMW App and to compile statistical reports on website activity. You can set your computer to reject cookies, but this may affect your ability to use certain parts of our website and the MDMW App.

(b) Services that our website and the MDMW App may use from time to time include Apple Analytics, which transmits website traffic data to Apple servers. Apple Analytics does not identify individual users or associate your IP address with any other data held by Apple. We use reports provided by Apple Analytics to help us understand traffic and usage on the MDMW App. By using the MDMW App, you consent to Apple processing your data in the manner described in Apple’s Privacy Policy (https://www.apple.com/legal/privacy/) and for the purposes set out in this Privacy Policy.

10. Changes to the policy

(a) We may amend this policy from time to time at our sole discretion.

(b) Any revised policy will be posted on the MDMW App and will be effective from the time of posting.

(c) Your continued use of the Services or the MDMW App following the posting of any revised policy indicates your acceptance of the changes to the policy.

(d) You should regularly check and read the policy.

11. Complaint

(a) If you have any issues about this policy or the way we handle your personal information, please contact us using the details below and provide full details of your complaint and any supporting documentation.

(b) At all times, privacy complaints:

(i) will be treated seriously;
(ii) will be dealt with promptly;
(iii) will be dealt with in a confidential manner; and
(iv) will not affect your existing obligations or your commercial arrangements with us.

(i) respond to you within 10 business days; and
(ii) investigate and attempt to resolve your concerns within 30 business days (or any longer period necessary and notified to you by our Privacy Officer).

(d) If you are dissatisfied with the outcome of your complaint, you may refer the complaint to the Office of the Australian Information Commissioner.

12. Contact us

If you have any complaints or issues you wish to raise with us regarding the way we have handled Personal Information (including Sensitive Information), or would like to discuss any issues about our Privacy Policy, please contact us directly by email at info@mydaymyway.com.

Privacy Policy1. Introduction