batyr Splash the Stigma Privacy Policy
Privacy Policy
1. INTRODUCTION
1.1 While it may not be legally required to do so, batyr handles personal information in accordance with the Privacy Act 1988 (Cth) and, where applicable, State or Territory legislation, such as the Privacy and Personal Information Protection Act 1998 (NSW) and the Health Records and Information Privacy Act 2002 (NSW). Privacy legislation regulates the collection, use and disclosure of personal information.
1.2 batyr provides programs that train young people to speak about their personal experience with mental ill health and start a conversation in their community. batyr also runs programs in schools, universities, workplaces and the community using young speakers with a lived experience of mental ill health to engage, educate and empower other young people to reach out for support and to the great mental health services around them.
1.3 batyr’s main purposes for collecting, holding, using and disclosing personal information are to: • develop, tailor and provide its programs, including (but not limited to), its preventative mental health education programs in the area of young people’s mental health • provide other goods and services to you • accept and process donations or bequests from you • obtain products or services from our suppliers • respond to enquiries from you and to send you information about what we do • process and assess employment applications, and • undertake research and surveys and analyse statistical information. If we do not collect your personal information, we may not be able to carry out the purpose(s) for which we sought to collect that information.
2. WHAT IS PERSONAL INFORMATION?
2.1 For the purposes of this policy: (a) ‘Personal information’ means information or opinion about an identified individual, or an individual who is reasonably identifiable. (b) ‘Sensitive information’ is a type of personal information and includes information about an individual’s health or medical condition (‘health information’), genetics, race, political opinion or membership, religion, philosophical beliefs, sexual preference and criminal record. (c) ‘Health information’ includes information about physical or mental health or a disability an individual has had at any time, an individual’s express wishes about future provision of health services to them, any health service that has been or is to be provided to an individual, any personal information collected to provide or in providing a health service, information collected in connection with a donation or intended donation of body parts, organs or body substances, genetic information that is or could be predictive of health at any time of the individual or a relative of the individual and healthcare identifiers. batyr Australia Limited © ABN: 51 152 952 737 Level 1, 74 Pitt Street, SYDNEY NSW 2000 batyr.com.au
3. WHAT KINDS OF PERSONAL INFORMATION DOES BATYR COLLECT?
3.1 batyr will interact with you by your first name or preferred name whenever it is practicable to do so but that may not always be possible or appropriate, such as where we need to contact you.
3.2 Examples of the types of personal information batyr may collect include: (a) your name and age (b) your contact details and emergency contact details (c) statistical information about your ethnicity and language spoken, medical and disability information (d) information about school or university enrolment (e) information about your employment status, and (f) information about your life, health, welfare, problems, goals, thoughts and feelings. This may include information regarding your personal story and the services that you’ve accessed to support your mental health. It may also include your thoughts, comments and feelings relevant to evaluation of our programs.
4. HOW DOES BATYR COLLECT PERSONAL INFORMATION?
4.1 Generally, batyr collects your personal information, including sensitive information, from you directly, in person or online.
4.2 In some circumstances, batyr may collect personal information from other organisations (such as your school or university), however in doing so, we will take reasonable steps to ensure that: • you are aware that we have collected the information and the circumstances of the collection, and • if the relevant information is sensitive or health information, we have obtained your consent to collect it.
4.3 If you are aged under 16 years, in limited circumstances we may collect your personal information from your parent or guardian. batyr Australia Limited © ABN: 51 152 952 737 Level 1, 74 Pitt Street, SYDNEY NSW 2000 batyr.com.au
5. HOW DOES BATYR USE OR DISCLOSE PERSONAL INFORMATION?
5.1 Unless you consent or it is otherwise permitted by law, batyr will only use and disclose your personal information for the purpose for which it was collected (as outlined at paragraph 1.3 above).
5.2 Examples of situations in which we might disclose your information to third parties include the following: • where we believe that the disclosure is necessary to lessen or prevent a serious threat to life, health or safety of any individual, or to public health or safety • where we have reason to suspect that unlawful activity, or misconduct of a serious nature, is being engaged in and reasonably believe that it is necessary in order for us to take the appropriate action in relation to the matter • where we believe that the disclosure is reasonably necessary for enforcement activities (such as investigation, prosecution or punishment of criminal activities) conducted by, or on behalf of, an enforcement body (eg the Australian Federal Police, the Australian Crime Commission, Customs etc) • to universities or other research bodies for research purposes but only in a de-identified format • to our business partners and service providers who assist us in the provision of our products and services to you, including for example support service providers or government agencies • if the personal information is a government identifier, where the disclosure of the identifier is reasonably necessary for us to verify your identity for the purposes of our activities or functions or as otherwise required by law, or • where the assets and operations of our business are transferred to another party as a going concern.
5.3 Generally, batyr will not disclose your personal information to anyone overseas unless that country has similar privacy laws to those in Australia or you have expressly consented to the Australian requirements not applying to that disclosure.
6. HOW DOES BATYR HOLD AND SECURE PERSONAL INFORMATION?
6.1 Personal information, including sensitive information and health information, may be held in electronic databases and physical files at batyr’s office.
6.2 batyr will retain your personal information for as long as necessary and allowed by law, and take appropriate technical, organisational and physical measures to keep your personal information secure. This includes utilisation of online systems with password protection.
7. HOW DO YOU REQUEST ACCESS OR AMENDMENTS TO YOUR PERSONAL INFORMATION?
7.1 You may make a request in writing to access to personal information batyr holds about you and you may request corrections be made to that information by contacting hello@batyr.com.au. batyr Australia Limited © ABN: 51 152 952 737 Level 1, 74 Pitt Street, SYDNEY NSW 2000 batyr.com.au
7.2 You may also ask batyr whether we hold any personal information about you and whether we have disclosed that information.
7.3 batyr will generally provide you with access to any personal information held about you on request. In limited circumstances however, access may be refused if required or permitted by law. If batyr does not provide you with access, we will explain the reason for this in writing.
7.4 batyr will correct any personal information that is inaccurate, out of date, incomplete, irrelevant or misleading and will advise any person we have disclosed the information to about the amendment provided it is reasonably practicable to do so.
7.5 If batyr does not correct your personal information when you have asked us to do so, you may ask batyr to take reasonable steps to attach a statement to the information about the correction you sought.
7.6 batyr will not charge you for making an application to access your personal information but may charge a reasonable fee to cover the cost of giving access, such as photocopying costs. batyr will advise you if such a charge applies before your request is dealt with.
7.7 Where we use your personal information to send you marketing and promotional information by post, email, telephone or SMS we will provide you with an opportunity to opt out of receiving such communications in the future. You may also contact us to remove any previous consent you provided to receive marketing communications from us. By electing not to ot out, or contacting us to withdraw your consent, we will assume that we have your consent to receive marketing communciations in the future.If you do not wish to receive marketing communications from us please contact us on 0402 576 114 or email hello@batyr.com.au
8. COMPLAINTS AND FURTHER ENQUIRIES
8.1 Any issues, concerns, complaints or queries regarding privacy and/or the handling of your personal information should be dealt with in accordance with the batyr Grievance Policy.
8.2 Alternatively, specific enquiries, concerns complaints or requests regarding privacy or this policy should be directed to:
The Managing Director of batyr (email - hello@batyr.com.au)
9. POLICY ADMINISTRATION DETAILS
Date Effective: 10 January 2019
Version Number: 2
Policy changes, updates or amendments: This Policy may be rescinded, changed or replaced at any time at the absolute discretion of the Chief Executive Officer of batyr or their authorised delegate.
Status of Policy: The terms of this Policy are not intended to be contractual in nature and do not form part of any worker’s contract of employment or engagement.
Related policies, procedures and resources: Grievance Policy Social Media policy
Splash the Stigma
Fundraiser Terms & Conditions
February 2025
Hosted and organized by Batyr Australia Limited ABN 51 152 952 737 (“batyr”).
As a participant in the Event, you agree to comply with all event rules, as amended by batyr from time to time. You also agree to follow all laws and regulations specific to your State, Territory or country, including any additional social distancing guidelines as well as outdoor and indoor exercise guidelines. If you do not comply with laws and regulations (including social distancing and outdoor and indoor exercise guidelines), you will be automatically disqualified from the Event. If so, then you must cease participating in the Event. batyr reserves the right, in its sole discretion, to disqualify any participant who has breached any of these Terms & Conditions, has engaged in unlawful or improper conduct or in circumstances where batyr otherwise deems it appropriate to disqualify that participant. Any decision, approval or consent given or made by batyr will be at its sole discretion and is final and binding on you.
If you are under 18 years old (a Minor), you must have permission from a parent or legal guardian to take part in this Event. By participating in the Event, you confirm to batyr that you have received such permission. If you do not receive permission, you must not participate in the Event.
This is a virtual swimming event (“Event”) only. Fundraising is available to residents of the Australian Capital Territory, New South Wales, South Australia, Queensland, The Northern Territory, Western Australia and Victoria.
You acknowledge that participation in the Event organised by batyr including its officers, employees, agents, volunteers, and other organisations/associations affiliated with batyr, may involve a significant risk of personal injury including permanent disability and/or death. Any personal injury may result not only from your actions including physical exertion, but may arise as a consequence of a defect in or feature of any equipment owned by you or a third party and/or the environment, location or features of the course you select for participation in the Event.
You are responsible for ensuring that you select a safe course, conditions and/or location for your participation in the Event. Physical activities such as swimming in a pool, in the ocean, or on private or public lands carry inherent risks. By participating in these activities as part of this event you acknowledge these risks and take total responsibility for your own safety and wellbeing.
By choosing to register for the Event through the PIXO website you irrevocably release batyr and its affiliates from any and all claims you may have arising out of or in connection with your participation in the Event, and agree that, to the maximum extent permitted by law, batyr including its officers, employees, agents, volunteers, and other organisations/associations affiliated with batyr will not be liable to you or any person, either under statute or in negligence for any personal injury or other loss, damage, liability or expense whatsoever suffered by you (including legal fees), whether consequential or directly or indirectly caused by, or connected with your participation in the Event. You are responsible for any third party damage or loss incurred in connection with this Event.
As a participant in the Event you agree you have no medical condition which would preclude you from participating in the Event and to the extent you are unsure, or you may otherwise be required, you agree to seek approval from your medical health professional prior to participation in the Event.
You consent to receiving communications about this event and future batyr updates, newsletters and events. If you share a photo, video or other material and tag batyr social channels or use the #splashthestigma or #batyr hashtag (Shared Material), you agree that batyr has an unrestricted, irrevocable, royalty free and assignable licence to use, reproduce and modify the Shared Material (along with your first name), for any purpose including future promotions and marketing material, at batyr’s sole discretion. If requested by batyr, you agree to sign any further documentation reasonably required by batyr to give effect to this term. To the extent permitted by applicable law, you unconditionally and irrevocably agree, and must take reasonable steps to obtain all other necessary unconditional and irrevocable written consents, to any act or omission that would otherwise infringe any moral rights in any Shared Material. If the Shared Material includes an image or video of another person, you agree to obtain the prior consent of the other person shown in the Shared Material, or in the case of Minors, the consent of a parent or legal guardian.
You acknowledge and agree that the law in force in New South Wales governs these Terms & Conditions, and you submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts of appeal above them.
The contents of these Terms & Conditions constitute the entire agreement between you and batyr and supersede any prior negotiations, representations, understandings or arrangements otherwise made regarding the subject matter of this Agreement, whether orally or in writing.
If any provision in these Terms & Conditions is held invalid, then such provision must be severed from these Terms & Conditions, and the remainder of these Terms & Conditions continue to have full effect.
These Terms & Conditions may be varied by batyr from time to time without notice. If you do not agree to such variations, you must cease to participate in the Event. By continuing to participate in the Event on or after the date of such variation, you are taken to have agreed to the variation. batyr reserves the right to cancel or postpone the Event at any time without liability to any participant or other person, subject to applicable laws.
By registering as a participant in the batyr Splash the Stigma, you acknowledge and agree with these Terms & Conditions, and also confirm that you have read and understood the batyr Privacy Policy.