Privacy Policy & Disclaimer

 

This website is operated by Michelle McQuaid Pty Ltd (“Michelle McQuaid”, “we” or “us”).

By visiting permahsurvey.com and accessing any part of the website, including completing the questionnaires, you agree to comply with the term and conditions and privacy policy described below. Your use of this website constitutes acceptance of these terms and conditions. Please read these terms carefully before accessing our website. If you do not agree to all the terms and conditions you may not access the website or use any services.

We reserve the right to vary, revise or amend any of the terms and conditions at any time, in our sole and absolute discretion, and your continued usage of the website will constitute acceptance of these variations and amendments.

Disclaimer

While the information contained within the site is periodically updated, Michelle McQuaid makes no warranty of any kind that the information provided in this website is accurate, complete, up-to-date or suitable for any particular purpose. You agree that Michelle McQuaid is not liable for any such inaccuracies or errors to the fullest extent permitted by law.

The material and/or information contained on this website is provided for general information purposes only. The information is not medical advice and is not a substitute for professional medical or psychological advice, diagnosis, or treatment. Always seek the advice of a qualified health provider regarding the evaluation of any specific information, opinion or advice and in relation to any questions you may have regarding a medical or psychological illness. Never disregard professional medical advice or delay in seeking it because of something you have read on this website.

You expressly agree that any reliance on any information provided by Michelle McQuaid or by this website is solely at your own risk.

This website and its contents are provided “AS IS” without any representation, warranty or conditions of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

Michelle McQuaid and its directors, employees, agents or affiliates do not accept any responsibility for any loss, demand, injury or claim which may arise from reliance on information contained on this site and will not be liable for any direct, indirect, incidental, punitive, special or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise arising from your use of any of the services or information provided by this website

Third-party Links

Some links within this website may lead to other websites, including those operated and maintained by third parties. Michelle McQuaid is not responsible for examining or evaluating the content or accuracy of these third-parties’ websites nor does it offer any warranties in relation thereof. You agree that Michelle McQuaid will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. Michelle McQuaid and its directors, employees, agents or affiliates are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Permahsurvey.com includes these links solely as a convenience to you, and the presence of such a link does not imply any responsibility for the linked site or an endorsement of the linked site, its operator, or its contents.

Our Privacy Policy

We know that you care how information about you is used and safeguarded. Your responses to questionnaires on this website are entirely voluntary and will be used, anonymously, in ongoing research by Michelle McQuaid and associates of Michelle McQuaid.

The following Privacy Policy governs the online information collection practices of Michelle McQuaid. Specifically, it outlines the types of information that we gather about you while you are using the permahsurvey.com website (the “Site”) and the ways in which we use this information.

IF YOU ARE SITUATED IN THE EU, PLEASE SEE THE SECTION “ADDITIONAL EU DISCLOSURES” THAT PERTAIN TO OUR COLLECTION, USE AND DISCLOSURE OF YOUR PERSONAL DATA AND ADDITIONAL RIGHTS YOU HAVE UNDER APPLICABLE LAW

How We Collect and Use Information

We may collect and store personal or other information that you voluntarily supply to us online while using the Site (e.g., while on the Site or in responding via email to a feature provided on the Site). Michelle McQuaid will only contact you if you specifically request that we do so or if you register to participate in the free workplace wellbeing survey.

Michelle McQuaid collects personally identifying information (“personal information”) from you during our online registration process. Generally, this information includes name and e-mail address in order for you to receive our free email communication. You provide all of this information to us.

Your personal information will only be used, collected, held and disclosed for the following purposes:

  • To personalize your experience
  • To improve our website
  • To process transactions
  • To enable you to complete any workplace wellbeing survey;
  • To deal with your queries promptly;
  • To provide you with better service and to better understand your needs including for the purpose of marketing or research;
  • To keep you up-to-date with products or services that we think would be of interest to you (you are able to opt-out from this at any time). We will not provide your personal information to other organisations for the purposes of direct marketing; and
  • If required by any relevant law.

To fulfil the above purposes your personal information may be given to third parties who are affiliates of Michelle McQuaid and to which your use of their website or social media has directed you to this Site.

De-identified information collected from your survey responses will be provided to researchers and partners assisting us in the wellbeing survey for the purposes of learning more about how people successfully cultivate and maintain their wellbeing. At no time will we provide these researchers or partners with your name and email details or any other information that can be used to identify you.

If you voluntarily make your personal information available for viewing by third parties online – for example on message boards, web logs, through email, or in chat areas – that information can be seen, collected and used by others besides us. We are not responsible whatsoever for any unauthorized third-party use of such information.

By using the Site, you consent to the transfer, processing, storage and access of your personal information in and/or outside of the jurisdiction in which you reside.

The Site also includes links to other third party websites and provides access to products and services offered by third parties, whose privacy policies we do not control. When you access another third party’s website or purchase third-party products or services through the Site, use of any information you provide is governed by the privacy policy of the operator of the third party site you are visiting or the provider of such products or services. Michelle McQuaid is not liable in any way for the use of your personal information by such third parties.

Please also note that as our business grows, we may buy or sell various assets. In the unlikely event that we sell some or all of our assets, or one or more of our websites is acquired by another company, information about our users may be among the transferred assets.

How Do We Store Your Information?

Your information is stored at the list server that delivers permahsurvey.com and michellemcquaid.com email communication. Your information can only be accessed by those who help manage those lists in order to deliver e-mail to you if you have indicated that you would like to receive information.

All of the newsletters or emails that are sent to you by permahsurvey.com or michellemcquaid.com include an unsubscribe link in them. You can remove yourself at any time from our mailing list by clicking on the unsubscribe link that can be found in every communication that we send you.

All supplied credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential.

We will retain the information you choose to provide to us until the earlier of: (a) you asking us to delete the information, (b) our decision to cease using our existing data providers, or (c) we decide that the value in retaining the data is outweighed by the costs of retaining it.

Data Security

We use commercially reasonable procedures to protect the personal information that we collect from you against loss, theft and misuse, as well as unauthorized access, disclosure, alteration and destruction.; however, due to the inherent open nature of the Internet, we cannot ensure or warrant the security of any information provided online. We have put in place procedures to deal with any suspected data breach that will affect you and will notify you and any applicable regulator of a breach where we are legally required to do so.

Your Rights

You have the right to withdraw your consent on providing us your personal data, at any time, and to ask us to erase your data.

You may ask to see your data that you gave to us, and thus to exercise your right to access data.

If it happens that data you gave us is incorrect from any reason, you may ask for rectification of your data.

You also have the right to ask for restriction of access to your data, in which case the data shall not be erased, but just access thereto shall be denied.

Where you consented to give us data, or we process your data on the grounds of contract with you, if the processing is carried out by automated means, you may request that we send your data back in a structured way, and thus exercise your right to data portability.

Cookies and Other Technologies

The Site may use cookies, a type of technology that installs a small amount of information on a website user’s computer or other device to permit a website to, for example, recognize future visits using that computer or device. The Site may use other similar technologies (including, without limitation, tracking pixels, and other anonymous identifiers) to gather information about you, such as IP addresses and location data, to customize your visit, to enable us to enhance our service, or for other purposes. We use the following cookies:

  • Strictly necessary / technical cookies that are required for the operation of our website, including log-in and shopping cart.
  • Analytical / performance cookies to see how users interact with our website so that we may improve functionality.
  • Functional cookies to recognize you when you return and to personalize content.
  • Targeting / advertising cookies to tailor advertising to you based on how you interact with our website.

If you do not want us to place cookies to your computers, you may set your browser not to accept cookies.

Data Relating To Children

Our Website is designed for those 18 years of age and older. We do not knowingly collect information from anyone under the age of 18. If we are made aware that we have received such information, or any information in violation of our policy, we will use reasonable efforts to locate and remove that information from our records.

Copyright

All website design, text, graphics and the selection and arrangement thereof are Copyright 2018 by Michelle McQuaid Pty Ltd.

Permission is given for the downloading and temporary storage of one or more of these pages for the purpose of viewing on a personal computer. The contents of this site are protected by copyright under international conventions and, apart from the permission stated, the reproduction, permanent storage, modification, distribution or retransmission of the contents of this site is prohibited without the prior written consent of Michelle McQuaid.

Applicable Law

You agree that your use of this website and any services provided therein shall be governed by the laws applicable in Victoria, Australia. In the event of a dispute which cannot be resolved by agreement, the parties shall submit to the exclusive jurisdiction of the courts of Melbourne, Victoria.

If you have any questions or concerns regarding the terms and conditions including our privacy policy or disclaimer please direct them to: support@permahsurvey.com.

ADDITIONAL EU DISCLOSURES

Our Role as Data Controller and Data Processor
Michelle McQuaid generally acts as the data controller of your information submitted through our website.

If you are situated in the EU and have any complaints regarding our privacy practices as data controller, you have the right to make a complaint at any time to your local Supervisory Authority. We would, however, appreciate the chance to deal with your concerns before you approach your Supervisory Authority so please contact us in the first instance. Please see our contact details below in the section titled “Contact Us”. If you are situated in the EU and have a complaint, please contact our privacy manager at support@permahsurvey.com.

Provision Of Personal Data And Failure To Provide Personal Data
Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with our services). In this case, we will not be able to provide services to you.

Legal Basis For Our Processing Of Your Personal Data
Below are the types of lawful basis that we will rely on to process your personal data:

  • Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us at support@permahsurvey.com
  • Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
  • Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject.

Change Of Purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us at support@permahsurvey.com. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so. Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

Collection Of Personal Data From Third Party Sources
We also collect personal data about you from various third parties and public sources.

  • If you register for our services using Facebook, Twitter or other social media sites, we will import your information from those social media sites.
  • As discussed above, we also obtain information through automated technologies (see section titled “Cookies and Other Technologies”)

Withdrawing Your Consent
If we are relying on your consent to process your personal data, you have the right to withdraw your consent at any time. You have the right to withdraw your consent at any time by contacting us at support@michellemcquaid.com.

Use Of Your Personal Data For Marketing Purposes
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising:

  • Promotional offers from us: We may use your personal data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing). You will receive marketing communications from us if you have requested information from us or used our services and, in each case, you have not opted out of receiving that marketing.
  • Third-party marketing: We will get your express opt-in consent before we share your personal data with any company outside our company for marketing purposes.

To see how you can opt out of marketing communications, please see the section titled “Opt-Out” found at the bottom of all of our email communications.

Rights Of EU Data Subjects
Under certain circumstances, you have rights under data protection laws in relation to your personal data. you have the right to:

  • Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
  • Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
  • Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
  • Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
  • Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
  • Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
  • Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

To exercise your rights, please contact us at support@permahsurvey.com.