Privacy Policy

Soul Food Cafe - SFC.au Pty Ltd (SFC)

We are committed to the protection of your personal information in accordance with the Australian Privacy Principles set out in the Privacy Act 1988 (C’th) (Act).

This policy sets out how we collect, use, manage and store your personal information.

Where applicable, we will rely on the employee records exemption in the Privacy Act and any other applicable exemptions in other relevant legislation.

1. What is personal information?

1.1 ‘Personal information’ is defined in the Act. Essentially, it means information from which your identity is reasonably apparent. This information may include information or an opinion about you (whether true or not) and may also include sensitive information.

1.2 ‘Sensitive information’ is any information about your racial or ethnic origin, political opinion, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual preferences or practices, criminal record or health information. We will not ask you to disclose sensitive information unless it is necessary for providing our services to you. However, if you elect to provide unsolicited sensitive information it may be captured and stored.

2. What personal information we collect

2.1 The kinds of personal information that we collect or hold may include your:

  • name
  • contact details (including postal address, email address and telephone numbers)
  • payment information (including credit card details)

2.2 For members or applicants for membership, the personal information held by us may also include:

  • gender
  • employment information
  • cultural heritage
  • demographic information
  • academic and professional qualifications
  • journal articles published
  • journals subscribed to
  • membership grade
  • special interests
  • membership of or desire to join any APS Branch or College
  • information about any disciplinary action, ethical notifications, professional misconduct investigations and criminal charges and convictions
  • requests for special consideration in relation to membership and/or professional development requirements, which may involve information concerning your financial details or health
  • information for the purpose of developing membership programmes and initiatives

2.3 For persons holding or applying for a position with us (for example, as an employee, a contractor or a volunteer) or undertaking or applying for a student placement, we may also hold health information (for example, relating to a disability or condition relevant to the performance of your role, or relating to an injury sustained in the course of our activities).

3. How we collect personal information

3.1 We collect personal information in a number of ways, including:

  • in the course of conducting our services
  • correspondence and telephone calls
  • conference and other event registration forms
  • if you provide us with your business card at a function or event
  • order forms for APS products
  • applications for assessment of overseas qualifications
  • applications to be included in the "Find a Psychologist" service
  • when you place an advertisement with the "PsychXchange" service
  • membership application forms (online and offline)
  • annual subscription forms (online and offline)
  • responses to calls for nominations for awards or positions
  • applications for membership of member groups
  • when you participate in APS member services and benefits or privileges programmes
  • if you contact us in person or through social media (such as LinkedIn and Facebook)
  • when you purchase a product through the online "APS Shop"
  • when you apply for a position with us (for example, as an employee, a contractor or a volunteer) or a student placement
  • from publicly available sources of information

4. Purposes of collection, use and disclosure

4.1 We collect, use and disclose personal information for the purpose of conducting our operations and providing our services, which include:

  • processing registration of members
  • identifying, creating and providing membership services and benefits
  • maintaining membership and service/benefit records
  • identifying, creating and providing services to psychologists, other persons, members of the public or bodies involved in the practice of psychology
  • establishing and operating continuing professional development programmes
  • establishing user/customer accounts for psychologists, other persons, bodies, corporations or other legal entities accessing and/or using services, directories or information provided by us through our website or programmes operated or managed by us
  • in the case of potential staff, volunteers and students, assessing a person's application for employment or engagement by or placement with us
  • resolving disputes and responding to queries
  • verifying your identity when you deal with us
  • obtaining goods or services from you
  • conducting surveys of members and others
  • direct marketing to promote our or third parties' goods or services to you, including by mail, telephone, email, SMS or targeted digital marketing [you may contact us at any time to unsubscribe from direct marketing]

4.2 We may also collect, use and disclose your personal information:

  • for purposes which should be reasonably expected by you and are related to the above purposes;
  • for other purposes to which you have consented; and
  • as otherwise authorised or required by law

4.3 We may disclose personal information as follows for the above purposes:

  • to outsourced service providers who assist us in the delivery of some of the services you receive, by providing functions such as:
    • mailing systems
    • information technology services
    • conference organising
  • to other providers of services to us (for example, our insurers)
  • to external providers of member services, benefits and privileges, in order to confirm that the member is a member
  • to our professional advisers, including auditors
  • to government authorities, as required or authorised by law
  • to providers of insurance or other products offered by us
  • where you otherwise provide your consent, whether express or implied
  • where otherwise required or permitted by law

4.4 In addition, for APS members:

  • your nominated contact telephone number will be released to the public upon request [if you do not wish to have your telephone number listed in the Directory of Members or released to the public upon request, please send a letter outlining your concerns addressed in confidence to the Privacy Officer at the address listed below]
  • if you are a Member, Fellow or Honorary Fellow of APS, your title, name, contact telephone number, and your membership of APS Colleges and Divisions will be included in the Membership Directory on the APS website, which is accessible only by APS members
  • in response to a request from a psychologist registration board, we may, at our discretion, disclose information held about your qualifications, experience and practice as a psychologist
  • we may seek your consent to have the same details as those included in the Membership Directory made accessible to other allied health organisations for the purpose of increasing access by and to appropriately qualified professionals for the purpose of referrals

4.5 Where practical, we will take reasonable steps to ensure that third parties to whom we disclose your personal information have a commitment to protecting your personal information at least equal to our commitment or are subject to confidentiality requirements in relation to that information or you have consented to us making the disclosure.

5. Overseas disclosure

Some of the third parties to whom we may disclose your personal information may operate globally and be located or based outside Australia (including the USA) so that they can provide us with services in connection with the operation of our business, such as marketing services, survey tools and data storage. The use of such third party providers, where appropriate, may nevertheless be subject to further internal policies and protocols to better ensure that your privacy is protected.

6. Cookies

6.1 Cookies are pieces of information that the APS's website transfers to your computer's hard drive for record keeping purposes. Most web browsers are set to accept cookies. We use cookies to make your experience of our website and services as convenient as possible. While cookies do not personally identify you, they do identify your browser.

6.2 Cookies are used to estimate the number of users and determine overall traffic patterns through our website. If you do not wish to receive any cookies, you can set your browser to refuse cookies. However, this may mean you will not be able to take full advantage of our services.

7. Storage and security of personal information

7.1 We take reasonable steps to ensure that the personal information we hold is secure and may only be accessed by authorised persons.

7.2 However, except to the extent that statutory liability cannot be excluded, we exclude all liability (including in negligence) for the consequences of any unauthorised access to, disclosure of, misuse of or loss or corruption of your personal information. Nothing in this Privacy Policy restricts, excludes or modifies any statutory consumer rights under any applicable law (including the Competition and Consumer Act 2010 (C’th)).

8. Access and correction

8.1 We strive to keep accurate, complete and up-to-date records of the personal information we collect, so far as practical. Accuracy depends on the information provided to us. Members can update their personal details in the restricted access "Manage your membership" section of the APS website. Any non-members who wish to query the accuracy of personal information held about them or update that information may contact the Privacy Officer as set out below.

8.2 You have a right to seek access to your personal information held by us and that right extends to correction of the information if it is inaccurate, out-of-date or incomplete. To seek access to your personal information, please contact the Privacy Officer as set out below.

8.3 It is our policy to provide a summary of the personal information that we hold, rather than copies of individual documents. We do not provide access to evaluative information generated within the organisation in connection with commercially sensitive decision-making processes.

8.4 If we are unable to provide you with access to or correction of your personal information, we will provide you with a written notice that sets out the reasons for our decision and mechanisms available to you to lodge a complaint.

8.5 All requests for access and/or correction of personal information are subject to verification of the identity of the person making the request.

8.6 In the event that copies of individual documents are requested and we agree to meet that request, the fee for provision of documents via post, fax or email is $1.00 per page (or such other reasonable fee as we specify), payable prior to delivery.

9. Questions and complaints

If you have any questions in relation to how we handle personal information, or wish to lodge a complaint about our management of personal information or a request for access to or correction of your personal information, please call our Privacy Officer: Monday - Friday between 8.45am - 5.15pm Melbourne time on (03) 8662 3300 from Melbourne, or 1800 333 497 from elsewhere.

Alternatively, you can write to the Privacy Officer by:

Mail addressed to:

​The Australian Psychological Society Limited

PO Box 38

Flinders Lane Victoria 8009

Email:

This email address is being protected from spambots. You need JavaScript enabled to view it.

The Privacy Officer will co-ordinate the investigation of any complaint and any potential resolution of a complaint. We will aim to resolve all complaints as soon as practicable.

10. Changes to this Policy

We may change this Privacy Policy at any time. If we make changes to this Privacy Policy we will notify you by publication on our website. The revised version of this Privacy Policy will be effective at the time we post it.

 

Website Terms & Conditions

Soul Food Cafe - SFC.au Pty Ltd (SFC)

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and website disclaimer, govern SoulFood.Cafe’s (SFC.au Pty Ltd) relationship with you in relation to your use of this website.

By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to SoulFood.Cafe and “You” and “Your” refers to you, the client, visitor, website user or person using our website.

AMENDMENT OF TERMS

We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and SoulFood.Cafe’s rights and obligations to each other.

LIMITATION OF LIABILITY

It is an essential pre-condition to you using our website that you agree and accept that SoulFood.Cafe is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.

It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

COMPETITION AND CONSUMER ACT

For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), SoulFood.Cafe’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.

You must be over 18 years of age to use this website and to purchase any goods or services.

DELIVERY OF GOODS

Physical goods may be delivered by Australia Post and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment. Delivery may take between 2 and 14 days, depending on the delivery option. Damaged or lost orders should be resolved with Australia Post or the courier company directly and we are not responsible for goods that are damaged in transit or not received. Replacement of damaged or lost items is made at the discretion of SoulFood.Cafe.

Digital goods are delivered immediately. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.

 

RETURNS AND REFUNDS

SoulFood.Cafe handles returns and processes refunds in accordance with the Australian Consumer Protection legislation.

Should you wish to return your order, please notify us within 14 days of purchase with a valid reason for return. If we are unable to resolve your complaint or further assist you, we will process a refund upon timely receipt of the goods purchased. Unopened goods will be refunded in full. Refunds will be processed promptly and payment made by the same method that you made payment. All refunds are made at the discretion of SoulFood.Cafe.

LINKS TO OTHER WEBSITES

SoulFood.Cafe may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between SoulFood.Cafe and the owners of those websites. SoulFood.Cafe takes no responsibility for any of the content found on the linked websites.

SoulFood.Cafe’s website may contain information or advertisements provided by third parties for which SoulFood.Cafe accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.

DISCLAIMER

To the fullest extent permitted by law, SoulFood.Cafe absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. SoulFood.Cafe gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.

Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.

It is your sole responsibility and not the responsibility of SoulFood.Cafe to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.

YOUR PRIVACY

At SoulFood.Cafe, we are committed to protecting your privacy. We use the information we collect about you to maximize the services that we provide to you. SoulFood.Cafe respects the privacy and confidentiality of the information provided by you and adheres to the Australian Privacy Principles. Please read our separate Privacy Policy carefully.

You may change your details at any time by advising us in writing via email. All information we receive from our customers, is protected by our secure servers. SoulFood.Cafe’s secure server software encrypts all customer information before it is sent to us. Furthermore, all of the customer data SoulFood.Cafe collects is secured against unauthorized use or access. Credit card information is not stored by us on our servers.

THIRD PARTIES

SoulFood.Cafe does not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve its website and its services but not for any other use.

DISCLOSE YOUR INFORMATION

SoulFood.Cafe may be required, in certain circumstances, to disclose information in good faith and where SoulFood.Cafe is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.

EXCLUSION OF COMPETITORS

If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of SoulFood.Cafe. SoulFood.Cafe expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then SoulFood.Cafe will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. SoulFood.Cafe reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.

COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.

SoulFood.Cafe expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

WHOLE AGREEMENT

These terms and conditions represent the whole agreement between you and SoulFood.Cafe concerning your use and access to SoulFood.Cafe’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

EXCLUSION OF UNENFORCEABLE TERMS

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

EDUCATION OR LIFE COACHING

By using our services, you agree that SoulFood.Cafe is not to be held liable for any decisions you make based on any of our services or guidance and any consequences, as a result, are your own. Under no circumstances can you hold SoulFood.Cafe liable for any actions you take nor can you hold us or any of our employees liable for any loss or costs incurred by you as a result of any guidance, advice, coaching, materials or techniques used or provided by SoulFood.Cafe.

All our information on both the website and in consultations is intended to assist you and does not in any way, nor is it intended to substitute professional, financial or legal advice. Results are not guaranteed and SoulFood.Cafe takes no responsibility for your actions, choices or decisions.

JURISDICTION

This agreement and this website are subject to the laws of NSW and Australia. If there is a dispute between you and SoulFood.Cafe that results in litigation then you must submit to the jurisdiction of the courts of NSW.