Privacy Policy and Terms of Use – Amended 21 May 2018, effective May 25, 2018.
The Brisbane Evidence-Based Language Test (“we” or “Brisbane EBLT”) is committed to protecting your privacy and we want to make sure you’re aware of your options to control your data. In that respect, Brisbane EBLT has developed this Privacy Policy to share with you its information collection practices and the options you have when visiting www.brisbanetest.org (the “Website”).
We’ve recently made updates to this Privacy Policy and Terms of Use. We encourage you to read our policy in full. This Privacy Policy applies to information collected from you or about you through this Website during your use of our products and services.
As referenced throughout this Privacy Policy, the term: “Personal Information” means any information about an identifiable individual. “You” designates any physician, speech pathologist or other healthcare professional visiting or using our Website. “Your Personal Information” means any Personal Information about you, and may include, without limitation, information such as user name, password, first name, last name, address and e-mail address and information about your practice.
By using our website and any associated resources and services you accept these Terms and Conditions and Privacy Policy in full; accordingly, if you disagree with these terms and conditions, privacy policy or any part of these terms and conditions, you must not use our website or any associated material.
If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions. Our website uses Google Analytics; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with these Terms and Conditions and Privacy Policy.
The Website is exclusively intended for use by healthcare professionals. Any other person wishing to benefit from or take advantage of Brisbane EBLT’s services shall do so only with the assistance of an appropriate healthcare professional.
Furthermore, the Brisbane EBLT tests are screening instruments used to facilitate the assessment of post-stroke language impairment. As such, MoCA tests should be administered by trained clinical staff only. Interpretation of the test should only be done by healthcare professionals with appropriate expertise in the relevant field, including, among others, neurologists, neuropsychologists, speech pathologists, speech-language therapists and psychiatrists and who have obtained relevant experience (e.g. certification and/or eligibility for registration with appropriate professional regulation body within their country).
Finally, Brisbane EBLT test results need to be interpreted in light of all other medical and other information that such healthcare professionals have about their stroke patients. As such, the test results cannot be the only measure used to diagnose a patient presenting with language impairment and shall only be interpreted by healthcare professionals with expertise in the relevant field and in accordance with applicable law (including the practice standards applicable to their professions and the limitations, conditions or restrictions applicable to their practice. In doing so, healthcare professionals should bear in mind that since other factors may come into play in interpreting the results of this test, results considered “normal” or “non-language impaired” do not necessarily mean there is no language impairment and vice versa.
Brisbane EBLT and its officers, directors, employees, affiliates, successors or assigns and its other representatives may not be held liable for any damage, loss, obligation, claim, cost, fine, penalty, charge, contribution or fee that may result from the administration or interpretation of these tests or from any use or interpretation of the results of these tests that may be made by you or third parties.
By using this Website and our products and services, you are agreeing to accept the practices described in this Privacy Policy as amended from time to time.
Credit
This document was created using a template from SEQ Legal (http://www.seqlegal.com).
Copyright notice
Copyright (c) 2016-2018 Brisbane EBLT. Subject to the express provisions of these terms and conditions: The Brisbane EBLT, owns and controls all the copyright and other intellectual property rights in this website and the material on this website and all associated resources and materials; and all the copyright and other intellectual property rights in this website and the material on this website and associated test forms, stimulus materials, resources and materials are reserved.
What Information is Collected and How Do We Use It
Except as necessary to facilitate or fulfil any aspect of any services, products, or features that you purchase, request or register for via the Website, or as otherwise set forth in this Privacy Policy, we will not sell, rent, lease, share, or exchange Your Personal Information with any third party.
Although you may browse the public pages of our Website (or Application) without registering or without proactively disclosing of any of Your Personal Information, please note that:
Certain sections of our Website and Application include forms on which you may choose to supply some of Your Personal Information that will enable you to receive individualized services or features that we cannot offer to anonymous users; and
Certain other pages of our Website can be accessed only by registered users; and such user will be required to create his/her own Website account.
Finally, please note that in certain circumstances if you do choose not to provide us with some of Your Personal Information, then you may not be able to use some of the products and services available on the Website or take advantage of certain other features of our Website.
Information Disclosed by You
- Creation of Your Online Account
In order to access certain pages intended to be accessed and used by healthcare professionals only, you will be required to create a user account by completing the registration form and creating a User ID and password. In order to create your user account, you will be required to disclose the following Personal Information: your name and surname, your email address, the city and country where you practice, your profession, your position and the institution for which you work (or are affiliated). You will also be required to create a password. This information is required to create your unique account, and to authenticate you each time you sign in.
- Request for Information, Comments and other Inquiries
You may provide Personal Information to us when you voluntarily communicate with us, such as by requesting information via e-mail, utilizing the “Contact Us” or similar feedback features on the Website, or otherwise contacting us electronically. Should you wish to obtain information about our services or products or make any other request, then we will require that you provide us with your contact information (such as your name, phone number or email address/address and additional information if needed) in order for us to be able to communicate with you and to respond to your enquiries, comments or requests for information.
- Alerts about Upgrades and Updates
Our Website may notify you, via emails or otherwise, of any update or upgrade that need to be made to the services or your account for the Brisbane EBLT test to function properly. This notification or email will be provided or sent to you as long as you maintain an online account on Brisbane EBLT’s platform. You can withdraw your consent to receiving these communications at any time by following the instructions in the e-mail or other form of communication, which will provide for an unsubscribe mechanism that can be readily performed, in which case Brisbane EBLT will use other means to bring that information to your attention in accordance with applicable law. You may also receive promotional e-mails about new products that maybe pertinent to enhance the testing experience. You can also unsubscribe form these communications.
- Surveys and Other Voluntary Demographic Information
Certain forms available on various pages throughout our Website may ask users to voluntarily provide a limited amount of demographic information. Brisbane EBLT may contact you by e-mail, using the e-mail address or other contact information collected when you filled out one of the forms on our Website, with the option to participate in research studies. In addition, Brisbane EBLT may conduct online surveys that ask you for demographic data, such as your zip code, age, or product use.
Providing such demographic information and participating in such surveys or other studies are always voluntary. Brisbane EBLT uses the responses on aggregated de-identified basis to improve the products and services it offers. We do not link your individual responses to Your Personal Information at any time. Brisbane EBLT uses this information for internal marketing research to help us better serve our users.
- Marketing, Promotional, or Other Transactional Communications
We may use your e-mail address or other contact information you gave us from time to time to provide you with information about new features, products, or services that may be available on our Website, or to send news and information regarding Brisbane EBLT or its products or services. Such communications will be sent to you in accordance with applicable laws. You can withdraw your consent to receiving these promotional communications at any time by following the instructions in the e-mail or other form of communication, which will provide for an unsubscribe mechanism that can be readily performed.
Information Obtained from Third Parties
We may sometimes collect information from third parties. We only do so when authorized by law, from third parties who are also authorized by law to disclose such information, or in the following circumstances:
Google Analytics: Google analytics will collect data about your interactions with our Website. In order to do so, Google Analytics will place codes, allowing Google Analytics to see which information was consulted, the browser used, the device and operating device used. The information collected will then be processed and will be updated when you interact again with our Website.
Children
We do not knowingly collect personal data from children under the age of 13 on our Website. If you have reason to believe that a child under the age of 13 has provided personal data to us through our Websites, please contact us, and we will endeavor to delete that information from our databases.
Using Information About You
Personal Information
Brisbane EBLT respects and strives to protect your privacy. Your Personal Information will only be used as provided for in this Privacy Policy, such as: (i) for subscription or registration; (iii) for analyzing preferences, trends, and statistics; and (iv) for informing you of our new products, services and offers or as authorized by applicable law, and will never be rented or sold.
None of the required information and/or optional information collected on any form on the Website is used for other purposes than those stated on such form or in this Privacy Policy.
De-identified Information Used on an Aggregated Basis
De-identified information may be created by the third party retained by Brisbane EBLT to design Brisbane EBLT’s platform and algorithms using Your Personal Information. When doing so, Brisbane EBLT will ensure to maintain the complete privacy of Your Personal Information. Information will be considered as “de-identified” once all specific identifiers will have been removed so that such information can no longer be linked to an identifiable individual. Such information, and/or de-identified Patient Information may be used on an aggregated basis by Brisbane EBLT or by any third party in order to improve the Website for our users, for research purposes (including to improve overall knowledge about language impairments on a general and country-by-country basis), for statistical purposes, or any other commercial and non-commercial purposes, as such information would no longer constitute personal information. In any event, please note that this information could not and will not be used to re-identify you.
The country you disclosed when opening your account will be associated to the aggregated and de-identified information generated based on Your Personal Information and Patient Information to have access, on an aggregated basis, to per country de-identified information.
Sharing of Personal Information
Brisbane EBLT may retain the services of third parties or other companies to perform functions on our behalf, such as processing and fulfilling online requests, sending print and electronic mail, removing repetitive information from customer and e-mail lists, maintaining and analyzing information collected and/or stored via the Website, hosting services, measuring the effectiveness of e-mails, performing analyses of users’ activities, serving images via our Website, and fulfilling other functions necessary to our business.
Except as otherwise provided in this Privacy Policy or as required or allowed under applicable laws, Brisbane EBLT will not communicate or otherwise transfer Your Personal Information to any third party. However, de-identified information can be disclosed on an aggregated basis to third parties as stated above.
Communication to Third Parties
Brisbane EBLT may retain the services of third parties to assist in providing certain services, products, and communications to you, such as delivering alerts, and other communications as stated above. Likewise, we may work with an outside company to (a) manage our database of customer information; (b) assist us with data collection; (c) provide storage and analysis; (d) provide fraud prevention; and (e) perform other services designed to assist us in maximizing our business potential. Finally, we may disclose information to outside companies that help us bring you the products and services we offer, in which case only broad geographical location (such as state and countries) about you will be shared.
In the event that we retain the services of such third parties to provide any of the services described above or similar services, we may need to share Your Personal Information with them to enable those companies to perform their obligations. However, we will provide these companies only with the information necessary to perform their functions on our behalf, and we will not authorize them to use your Personal Information for any other purpose. In such event, these companies are required to agree, in writing, that they will abide by the Privacy Policy and privacy standards implemented herein, including the relevant confidentiality and security provisions.
Disclosures Required or Authorized by Law
Brisbane EBLT may disclose Personal Information if required to do so by law or in the good faith belief that such action is necessary to (a) conform to the law or comply with legal process served on us (for example, under a subpoena, court order, or other regulatory requirement or to maintain or protect the security of the Website or Application); (b) protect and/or defend the rights or property or other legal interests of Brisbane EBLT or of any user; or (c) act in urgent circumstances to protect the safety of the public or other users of the Website. If we receive legal process calling for the disclosure of Your Personal Information, we will attempt to notify you via the e-mail address you supplied during registration within a reasonable amount of time before we respond to the request, unless such notification is not permitted. In addition, any disclosure of Patient Information will be made in compliance with applicable law.
Change in Ownership
Brisbane EBLT may disclose Personal Information to a potential successor for the purpose of allowing that potential successor to assess and evaluate the operations of Brisbane EBLT, the whole after (i) entering into an agreement, pursuant to which such success shall undertake to keep all Personal Information confidential and secure and not to retain any of the information longer than is necessary for the purpose of the assessment or evaluation; and (ii) complying with any other requirement set forth in applicable law. Should the parties proceed with the transaction, then databanks containing such Personal Information will be transferred to said successors, the whole in full compliance with applicable law.
Storage of Personal Information
Subject to applicable law, we may retain such Personal Information for use and disclosure consistent with this Privacy Policy, as long as necessary required for the purposes detailed herein. Furthermore, Brisbane EBLT may retain Personal Information after a specific purpose has been fulfilled if reasonably necessary: (i) to comply with the law and prevent any contravention; (ii) to resolve disputes; (iii) to enforce this Privacy Policy. Once no longer required, the information will either be erased or stored on an aggregated and de-identified basis for research and other internal purposes.
Security
Brisbane EBLT undertakes to take steps that are reasonable in the circumstances to ensure that all Personal Information in its custody or control is protected against theft, loss and unauthorized use or disclosure and to ensure that the records containing such information are protected against unauthorized copying, modification or disposal as follows:
Brisbane EBLT uses secure connections during the transmission of log in, registration, and membership information. This means that the aforementioned information is encrypted before it is sent over the Internet between your computer and Brisbane EBLT computers. The technology used is called Secure Socket Layer (SSL) issued by Comodo Group. Through the use of this technology, the information collected through those pages is encrypted on your computer, sent through the Internet as jumbled code, and decoded on either Brisbane EBLT’s secure server or the systems of the third party contracted to provide the service in question. You can verify that the connection is secure because you will see a key or a padlock on the address bar at the top of your browser screen. Another identifier of a secure connection is the URL (or Web site address); the address will change from http to https or a similar page when a secure connection is in place.
When you register or communicate with our website, such information will be stored in Mail Chimp datacentres, which are located in Virginia and in New York (http://blog.mailchimp.com/mailchimp-website-updates/). MailChimp security supports SSL encruption throughout the application. SSL is a security protocol that allows your information to be transmitted securely. MailChimp’s security policy can be accessed here. MailChimp has the endorsement of TRUSTe’s Privacy Seal, which means this privacy policy has been reviewed by TRUSTe for compliance with its program requirements including transparency, accountability, and choice related to the collection and use of your Personal Information. TRUSTe is an independent third party that operates a globally-recognised privacy trustmark.
MailChimp may transfer information to third parties where required to do so by law, or where such third parties process the information on MailChimps’s behalf. MailChimp uses cookies, web beacons and Flash player code to collect information about when you visit the website, when you use the services, your browser type and version, your operating system, and other similar information.
As MailChimp is based in the United States of America (USA) and the information generated by cookies about your use of the website (including your IP address) will be transmitted to and stored by MailChimp on servers located outside Australia, brisbanetest.org is required to inform you that, by subscribing to this website:
You consent to your personal information being collected, used, disclosed and stored as set out in Mail Chimp’s Privacy Policy and agree to abide by Mail Chimp’s Terms of Use ; you understand and acknowledge that this service utilises a MailChimp platform, which is located in the USA and relevant legislation of the USA will apply. Accordingly, Australian Privacy Principle 8.1 contained in Schedule 1 of the Privacy Act will not apply; and
You understand and acknowledge that you will not be able to seek redress under the Privacy Act 1988 (Cth) but will need to seek redress under the laws of the USA.
Principle 8.1 requires brisbanetest.org to take steps as are reasonable in the circumstances to ensure that MailChimp does not breach the Australian Privacy Principles in relation to the information given by the subscriber. This would no longer apply if you sign up to a subscription service of the brisbanetest.org in which MailChimp is used.
You can opt out of the brisbanetes.org mailing list if you chose the ‘unsubscribe’ service provided by MailChimp in every email, or contact brisbanetest.org via info@brisbanetest.org or via the site’s contact page. You can also disable or refuse cookies or disable Flash player. However, if these are disabled you may not be able to use the services provided by brisbanetest.org or MailChimp. Should you wish to contact MailChimp, you can find contact details on Contact MailChimp page.
Although we employ data encryption technology and other measures required to protect the privacy of Personal Information, you should bear in mind that no means of communication of Personal Information is fully sheltered against unauthorized uses and access, and should be aware that there is an inherent risk in transmitting any data electronically. This risk is inherent in all electronic dealings as well as to all other forms of communications. Consequently, we cannot guarantee that any Personal Information transmitted will not be intercepted or viewed or used or will be fully sheltered against cyberattacks and other incidents. Likewise, should you receive an email that looks like it is from Brisbane EBLT asking for Personal Information, you shall avoid responding to such email, as Brisbane EBLT will never request account password or financial information through emails. If you have received or communicated Personal Information in response to a suspicious email, pop-up or phony website, please contact Brisbane EBLT immediately by any of the means set forth below. In view of the foregoing and subject to the limitation set forth in applicable law, you agree to hold us harmless from and against any harm, financial or otherwise, that results from such detection, decryption, eavesdropping, or tampering of e-mails.
In addition, you understand that you are responsible for taking steps to maintain the security of Your Personal Information, for choosing a strong password and by keeping your password, identifiers and other Personal Information confidential. It is important for you to protect against unauthorized access to your password and to your computer. Be sure to log out of your account when you finish using a shared computer.
Your content
By agreeing to these Terms and Conditions and Privacy Policy you warrant and represent that your content will comply with these terms and conditions. Your content must be truthful and accurate and not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
Your content, and the use of your content by us in accordance with these Terms and Conditions, must not: infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right; be untrue, false, inaccurate or misleading; infringe any right of confidence, right of privacy or right under data protection legislation; constitute negligent advice or contain any negligent statement; or be in breach of any contractual obligation owed to any person or constitute spam.
Accessing, Correcting and Updating Your Information
You may consult, correct and update and delete at all times Your Personal Information collected, used and stored via the Website.
Information About You
You can readily and freely update or delete your account or profile, or otherwise consult and modify, edit or delete any of Your Personal Information that you uploaded, saved and stored on the Website, or make a request to access Your Personal Information.
Online account
You may update or change your registration information by editing your account profile. In order to do so, you should login to www.brisbanetest.org with your username and password and enter your profile section. You can also update or amend the foregoing at any time by contacting Brisbane EBLT as set forth hereunder.
You can also delete any information uploaded, received, saved or stored on that account, or shut down your account, in which case all information so uploaded, received, saved or stored will be deleted. In this regard, please note that Brisbane EBLT does not keep or have access to copies readily available of such information. As such, the sole manner available to retrieve (in whole or in part) the information you inadvertently deleted is for Brisbane EBLT to make a request to its third party programmer to access the backup shadow copy generated automatically (i.e. at various points in time and not constantly) by Brisbane EBLT’s platform.
Electronic communications
Should you wish to be removed from any mailing lists, then you should simply reply to any electronic communication with the word “STOP” or “Unsubscribe”. You can also specify your desire to be removed from more than one promotional lists by sending us an email (at info@brisbanetest.org) setting forth from which list(s) you wish to be removed.
Other files
You can also edit your account or any file, correct, inaccurate, incomplete or ambiguous information, have outdated or irrelevant information struck out by contacting us.
Links
This Privacy Policy applies solely to the information collected by our Website. However, our Website may contain links to other sites. Please note that these other websites or applications referred to on Brisbane EBLT’s Website or Application are provided for convenience and reference only. Brisbane EBLT is not responsible for the privacy policies of other sites. When visiting them, please refer to the privacy policy applicable to such third parties’ websites or applications.
Amendments to this Privacy Policy
Brisbane EBLT may occasionally update this Privacy Policy. When we do, we will revise the “updated” date at the top of the Privacy Policy. In the event that we make material changes to this Privacy Policy, we will notify you by placing a prominent notice on the home page of our Website, by sending you a notification directly or by any other means deemed appropriate in the circumstances. We encourage you to review this Privacy Policy periodically to stay fully informed about how we are collecting, using, protecting, sharing, storing and disclosing your Personal Information. Be advised that your continued use of this Website and our products and services, constitutes your agreement to this Privacy Policy and any updates. Should you disagree with the provision of the Privacy Policy or any of the practices described herein, then you need to refrain from using or to stop using, as applicable, the Website and Application.
Entire agreement
These Terms and Conditions, together with our Privacy Policy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
Questions About Our Privacy Policy
Please let us know if you have any questions about our Terms of Use and Privacy Policy. Simply send an e-mail (to info@brisbanetest.org) or otherwise contact us at +61411622533 or via the website contact form.