Soul Alive Privacy Policy

This privacy policy relates to how Soul Alive Pty Ltd ACN 29 645 379 648 (Soul Alive) collects and handles your personal information. In this policy “we”, “our” and “us” refers to Soul Alive.  The website, located at www.soulalive.com.au and incorporating our web app (Website), and the associated application known as Soul Alive (Application), are owned and operated by Soul Alive Pty Ltd ACN 29 645 379 648 (Soul ALive).

For the purposes of this policy, “personal information” means information or an opinion about an identified individual, or an individual who is reasonably identifiable.  The Privacy Act 1988 (Cth) (Act) defines certain types of personal information to be "sensitive information".  Sensitive information includes health information and information or an opinion about an individual's race, ethnicity or philosophical beliefs.

This Privacy Policy explains how we will treat your personal information that you provide to us in any way. We review our Privacy Policy regularly to ensure it is up-to-date so we encourage you to review it from time to time at www.soulalive.com.au/privacy-policy

1. Open and transparent management

We take our obligations under the Act and the Australian Privacy Principles (APPs) very seriously and have implemented practices, procedures and systems to ensure we comply with those laws.

We are committed to maintaining the confidentiality and security of your personal information and managing it in an open and transparent way.

2. Using a pseudonym or being anonymous

Wherever it is lawful and practical, you have the option of using a pseudonym or not identifying yourself when dealing with us. However, by doing so you acknowledge that it may affect our ability to provide our goods and services to you. You will need to provide us with accurate personal details when you sign up to Soul Alive.

For clarification on circumstances where you must identify yourself, please contact us at contact@soulalive.com.au. You may use a pseudonym or not identify yourself when making such a request.

3. Collection of solicited personal information

3.1 Types of information collected

In the process of conducting our operations and providing our services, we collect a range of personal information about our current and prospective users, suppliers, agents, service providers, other business associates and the people who run the businesses we deal with. This information can include such things as name, email address, date of birth, location and mobile phone number.

3.2 Personal information (that is not sensitive information)

We will only collect your personal information where:

(a) it is reasonably necessary for us to pursue one or more of our functions or activities; or

(b) we are required to by law.

3.3 Sensitive information

We treat all information provided by you in response to questions asked in our Application or Website regarding the impact of the Application or Website (including in relation to your relationships and social connections, sleep, emotional awareness, focus and concentration, mindful emotional regulation and stress levels) as sensitive information. Other than in circumstances addressed in section 3.4 below, we will only collect your sensitive information when:

(a) we have your consent; and

(b) the collection is reasonably necessary for us to carry out one or more of our functions or activities.

3.4 Exceptions to the need for your consent

We will not need your consent to collect your sensitive information when:

(a) the collection is required or authorised by law;

(b) a “permitted general situation” exists as defined under the Act; and

(c) a “permitted health situation” exists as defined under the Act.

3.5 Collection by lawful and fair means

We will only collect your personal information by lawful and fair means. This includes using analytics tracking in our Application and Website, “Cookies” on our Website and questions voluntarily answered in our Application by users. Cookies are small files that are transferred to your computer's hard drive through your web browser and enable our site to recognise your browser and remember certain information. We use cookies and tracking software to compile aggregate data about site traffic, site interaction and usage of the Application and Website so that we can offer better experiences and tools in the future. You may be able to configure your computer so that it disables cookies or does not accept them. For example, some third party vendors including Google use cookies to deliver advertisements based on your prior visits to their website. You have the option to opt out of Google's use of cookies by visiting the Google advertising opt out page at www.google.com/privacy_ads.html.

3.6 Collection from you

Where possible we collect your personal information directly from you or through your use of the Application and Website, as this is the best way to ensure its accuracy. It also provides you with an opportunity to contact us with any questions about our Privacy Policy before collection. We may also collect your personal information through correspondence with you (whether by letter, fax, phone, forms or email).

We will only collect your personal information from a third party where:

(a) we have your consent to collect it from a third party; or

(b) we are required or authorised by law; or

(c) it is unreasonable or impracticable to collect the information directly from you.

For example, if you participate in a workplace program, seminar or workshop we may collect your personal information from your employer and if you sign up for an Account through a third party platform such as Facebook or Google, we will collect your personal information from that platform on sign-up. 

4. Dealing with unsolicited personal information

If we receive your personal information without having asked you for it (other than through your use of the Website or Application), then within a reasonable time, we will determine whether we could have collected it in the ways outlined in section 3 above. If we determine that it could not have been collected in one of those ways and it is lawful and reasonable to do so, then as soon as practicable we will:

(a) destroy the information; or

(b) ensure that it is de-identified.

5. Notification of collection

Before or at the time of collecting your personal information (or as soon as practicable afterwards) we will take reasonable steps to notify you or ensure you are aware of the following:

  • our identity and contact details;

  • circumstances where we have collected your personal information from you without your knowledge or from someone other than you;

  • circumstances where we are required or authorised by law to collect your personal information;

  • reasons why we have collected your personal information;

  • what may happen if we do not collect all or some of your personal information;

  • details of the persons or entities that we usually disclose personal information to;

  • how you may access and seek correction of your personal information;

  • how you can lodge a complaint with us;

  • whether we are likely to disclose your personal information to overseas recipients and if so, details of the likely countries that may receive your personal information.

6. Use or disclosure

6.1 Personal information (that is not sensitive information)

We will use your personal information for the purposes of providing our services and educational resources (including workplace and school training programs) to you, improving and continuing to develop our services and informing you of services which may be of interest to you (Primary Purposes).

We will not use or disclose your personal information (not being sensitive information) for another purpose (Secondary Purpose) unless we first obtain your consent, that Secondary Purpose is related to the Primary Purpose and you would reasonably expect us to use or disclose that information for that Secondary Purpose, or we are otherwise permitted to do so by the Act.

6.2 Sensitive information

We will use your sensitive information for the purposes of providing our services and educational resources to you (including personalised dashboards in the Application and Website, workplace programs) and making personalised recommendations to you regarding use of the Application and Website (Primary Purposes).

We will not use or disclose your sensitive information for another purpose (Secondary Purpose) unless we first obtain your consent, that Secondary Purpose is directly related to the Primary Purpose and you would reasonably expect us to use or disclose that information for that Secondary Purpose, or we are otherwise permitted to do so by the Act.

6.3  De-identified information 

We may use and disclose de-identified wellbeing survey data, other survey data and data regarding use of our Website and Application for purposes including research and analysis, case studies, marketing and improving and continuing to develop our services.  

6.4 Who we are likely to disclose personal information to

We may disclose personal information to our service providers who assist us in providing our services. We may also disclose personal information to other entities where required or authorised to do so by law.

7. Direct marketing

7.1 What is direct marketing?

For the purposes of this policy, “direct marketing” is the promotion of goods and services directly to you including through emails, phone calls, sms and push notifications.

7.2 Adoption of direct marketing laws

How we use your personal information for direct marketing is tightly controlled by the Act. We will follow those laws to ensure you only receive direct marketing in circumstances where you are expecting to. Under the Act we may use your personal information for the purposes of direct marketing if:

(a) we collected the information directly from you; and

(b) you would reasonably expect us to use or disclose your personal information for the purpose of direct marketing.

As set out in clause 6, we may use your personal information to provide you with information regarding our services and your sensitive information to provide you with customised recommendations regarding use of our Application or Website (either by email, sms or through the Application or Website).

7.3 Personal information provided by third parties.

Unless it would be impracticable or unreasonable, we need your consent when:

(a) collecting your personal information from a third party for the purpose of direct marketing; or

(b) you would not reasonably expect to receive the direct marketing.

If at any time you want to know who provided us with your personal information, then please send a request to us at contact@soulalive.com.au. We will provide the details of that third party within a reasonable time and without charge.

7.4 Opting-out

We will always provide a simple means for you to “opt-out” from receiving direct marketing, which typically involves an “opt-out” or “unsubscribe” link on emails, a check box on the collection notice or through a pop-up on your screen when you provide personal information on our Website or via the Application.

We will not use or disclose your personal information for the purposes of direct marketing material if you have previously told us not to.

If at any time in the future you do not want us (or one of our service providers) to send you direct marketing material or you wish to cancel a previous consent, please inform us by contacting us at contact@soulalive.com.au. We will affect the change in a reasonable time and without charge.

8. Cross-border disclosure of personal information

We will always endeavour to store your information on an Australian server. However, in circumstances where this is not practical, we may disclose your personal information to an overseas entity.  We may also disclose your personal information to our service providers who are based overseas.  The countries in which entities to whom we disclose your personal information are located included the United States of America. 

If we disclose your personal information to any recipient located outside of Australia, we will take reasonable steps to ensure that the recipient also treats that information in accordance with the Act.

9. Adoption, use or disclosure of government related identifiers

We will not adopt a government related identifier as your identifier unless permitted to do so by the Act.

10. Quality of personal information

We will take such steps (if any) as are reasonable in the circumstances to ensure that your personal information we collect, use or disclose is accurate, up-to-date, complete and relevant.

11. Security of personal information

11.1 Protection

We will take such steps as are reasonable in the circumstances to protect your personal information:

(a) from misuse, interference and loss; and

(b) from unauthorised access, modification or disclosure.

11.2 Destruction

When we no longer need your personal information for a permitted purpose and we are not required to keep it to comply with any laws, we will take such steps as are reasonable in the circumstances to destroy your personal information or to ensure that the information is de-identified.

12. Access to personal information

Upon your written request we will provide you with a copy of your personal information that we hold unless:

(a) we reasonably believe that giving access would pose a serious threat to the life, health or safety of any individual, or to public health or public safety; or

(b) giving access would have an unreasonable impact on the privacy of other individuals; or

(c) your request for access is frivolous or vexatious; or

(d) the information relates to existing or anticipated legal proceedings between us and you, and would not be accessible by the process of discovery in those proceedings; or

(e) giving access would reveal our intentions in relation to negotiations with you in such a way as to prejudice those negotiations; or

(f) giving access would be unlawful; or

(g) denying access is required or authorised by or under an Australian law or a court/tribunal order; or

(h) we have reason to suspect that unlawful activity, or misconduct of a serious nature, that relates to our functions or activities has been, is being or may be engaged in and giving you access would be likely to prejudice the taking of appropriate action in relation to those matters; or

(i) giving access would be likely to prejudice one or more enforcement related activities conducted by, or on behalf of, an enforcement body; or

(j) giving access would reveal evaluative information generated within the entity in connection with a commercially sensitive decision-making process.

13. Correction of personal information

13.1 Correction of personal information

We will take reasonable steps to correct your personal information (at no charge) if we are satisfied that it is inaccurate, out-of-date, incomplete, irrelevant or misleading. This extends to third parties that we have provided your personal information to unless it is impracticable or unlawful to do so.

13.2 Circumstances when we decline to make corrections

In certain circumstances, we may decline to correct your personal information. When this occurs we will provide you with a written notice that sets out:

(a) the reasons for the refusal; and

(b) the mechanisms available to complain about the refusal.

14. Contact Information

14.1 If you have any questions, comments, or concerns about our privacy and processing activities, please email us at contact@soulalive.com.au.