Collection of personal information

The personal information we may collect through the www.mycpguide.org.au website (My CP Guide) includes:

• Your personal details and any messages or comments you submit to us via My CP Guide.
• Any details you may provide to us to create your user profile on My CP Guide including your name, the name of someone you care for, your year/month of birth or the person your care for year/month of birth.
• Any messages or comments included in your emails to us which may include personal information such as your name and email address.
• Your name, email address and preferred means of engagement with My CP Guide if you subscribe to our updates.  
• Your stories or other content that you submit to us for use on My CP Guide.

We collect personal information for the purpose of managing, providing and administering My CP Guide, and complying with our legal obligations. We may also collect personal information for related purposes that would reasonably be expected by you.

We may also collect de-identified information which tells us about visitors to the My CP Guide site but not the identity of those visitors. For example, we may collect information about the date, time and duration of visits, which pages of My CP Guide are most accessed and which links are clicked. We may also collect information about our visitors' devices (such as the IP address, screen size, device type, browser, country location and preferred language used to display our website). This information is used by us to help to administer and improve the My CP Guide platform, including by better understanding the user experience and preferences. We often use third parties (including Hotjar, Google and Meta) to collect and process this de-identified information on our behalf using cookies and other technologies.  

You may browse through information-only areas of My CP Guide without providing any personal information to us. However, we may not be able to provide the full range of services through the platform if we are not provided with the information outlined above.

We respect the privacy of all current and prospective supporters. If you do not wish to receive communication (via email) from us, please contact us at our Head Office on the details set out below.

My CP Guide is owned and operated by Cerebral Palsy Australia Pty Ltd ABN  97 143 864 733 (Cerebral Palsy Australia, we, us, our).  

Cerebral Palsy Australia is committed to complying with the Privacy Act 1988 (Cth) (Privacy Act), and the Australian Privacy Principles (APPs) (set out in Schedule 1 of the Privacy Act) when handling personal information collected from My CP Guide. This Privacy Policy explains our approach to handling the personal information that we may collect through My CP Guide.

Personal information has the meaning given in the Privacy Act.

We will post any changes to this Privacy Policy on My CP Guide, so we encourage you to check My CP Guide and the Privacy Policy from time to time. Without limiting the previous sentence, we will also include a notice of changes to this Privacy Policy in or alongside our newsletter, so that if you are signed up for that with your contact details then you should receive additional notice by email. If this Privacy Policy is amended, the updated Privacy Policy will apply from the date of that amendment.  

Use and disclosure of personal information

• In addition to providing our services to you, we may use or disclose personal information that we collect about you:
• for the purpose that it was collected, or for a related purpose, without your consent;
• for the purposes of circulating our newsletters and/or surveys;
• to respond to any communications from you to us;
• for administrative purposes including research, planning, service development, security and risk management; and
• to the extent that we are required or authorised by law to do so.  
• We may use and disclose aggregated de-identified information collected through My CP Guide as part of our process of constantly improving My CP Guide and our services and products.

Links

My CP Guide will contain links to the websites of other organisations which may be of interest to you. Linked websites are responsible for their own privacy practices and you should check those websites for their respective privacy statements.

Security

We use several mechanisms to protect the security and integrity of your personal information. Unfortunately, no data transmission over the Internet can be guaranteed as completely secure. So, while we strive to protect such information, we cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk. Once any personal information comes into our possession, we will take reasonable steps to protect that information from misuse and loss and from unauthorised access, modification, or disclosure.

Access to and correction of personal information

If you wish to request access to any personal information which we hold about you as a result of our information collection practices outlined in the My CP Guide Privacy Policy, please contact us. Please provide as much detail as you can about the information you seek, in order to help us retrieve it. We will process all requests for access within a reasonable period of time, and subject to certain legal exceptions we will provide you with access to any personal information held about you. If a legal exception applies and we decide not to provide you with access to your personal information or limit the access we provide, we will provide reasons for our decision.

If we are satisfied that any personal information we hold about you is inaccurate, incomplete, out of date, misleading or irrelevant (having regard to the purpose for which it is held) we will take such steps (if any) as are reasonable in the circumstances to correct that personal information. This may include notifying third parties to whom we have disclosed that personal information. If we do not agree that personal information we hold about you is inaccurate, incomplete, out of date, misleading or not relevant you may ask that we attach a statement to this effect to our record.  

Contact details

If you have any questions or feedback about privacy or wish to make a complaint about the way in which we have handled your personal information, you may contact us at:

Email: info@cerebralpalsyaustralia.com

Phone: (02) 8259 7725

If you are dissatisfied with our response, or we are unable to satisfactorily resolve your concern, complaint or request you may refer the matter to the Office of the Australian Information Commissioner (OAIC). To make a query concerning your privacy rights, or to lodge a complaint with the OAIC about how we have handled your Personal Information, you can contact the OAIC's hotline on 1300 363 992 or at www.oaic.gov.au. The OAIC has the power to investigate the matter and make a determination. 

Last updated: August 2024

Like many websites, My CP Guide may use "cookies" which store some information on computers accessing platform. Cookies may be used by us for a variety of purposes. For example, we may use cookies to recognise a computer which has previously visited My CP Guide and customise My CP Guide according to previous preferences and site behaviour. Cookies may also be used to manage security and store information about the type of browser being used. With most Internet browsers, users can erase cookies from their computer, block all cookies, or receive a warning before a cookie is stored. However, some parts of My CP Guide may not function fully for users that disallow cookies. 

My CP Guide may preserve the content of any email, or "Contact us" or other electronic message or form, that we receive. Any personal information contained in those messages will only be used or disclosed in ways set out in the My CP Guide Privacy Policy. The message content may be monitored by our service providers or the platform employees for purposes including trouble shooting, compliance, auditing and maintenance, or where email abuse is suspected. 

These Terms of Use (Terms) apply to your use of Cerebral Palsy Australia's ABN  97 143 864 733 (we, us, our) MY CP GUIDE website which can be found at http://www.cpaustralia.com.au (Website) and associated Information.  

By using the Website or accessing the Information, you agree to be bound by these Terms, and if you do not agree to these Terms, then you must not use the Website or access the Information.

The Information provided on the Website is funded by the Australian Government and is provided free of charge for the benefit of the Australian public.

We may amend these Terms from time to time, without providing notice to you, by posting an updated version of the Terms on the Website.  You should regularly check these Terms for any amendments.  Without limiting the previous two sentences, we will also include a notice of changes to these Terms in or alongside our newsletter, so that if you are signed up for that with your contact details then you should receive additional notice by email. If these Terms are amended, you must comply with the updated Terms.  If you do not agree to the updated Terms, you must immediately cease using the Website.  

YOU SHOULD BE AWARE OF SEVERAL KEY TERMS

In this summary we outline some of the key terms that apply to you.  This summary is designed to assist you by disclosing certain terms that affect you.  However it is not a substitute for reading and understanding these Terms, and it is not intended to substitute, expand or amend these Terms.  Please contact us if you have any questions.

Nature of information

The Information provided through the Website is general in nature and not to be used or relied on as medical advice. It is subject to change and disclaimers throughout these Terms (including with respect to supply by third parties), not tailored to any particular circumstances and requires you to exercise your own judgment with respect to any use of it.

Limitations of our liability  

Our liability to you and certain third parties is limited under these Terms (to the extent permitted by law including the Australian Consumer Law) and our liability for different types of Loss is excluded.  These limitations and exclusions of liability generally apply to any Loss suffered by you in connection with your use of the Website, except where the Australian Consumer Law prohibits us from limiting or excluding our liability.

Your liability and warranties  

Your access to, and use of, the Website is at your own risk.  Among your other obligations under these Terms, you will be responsible and liable for: (a) internet access, data download and other network charges arising from your use of the Website; (b) use of the Website by any person who has access to any of your related login details and password (where applicable); and (c) the operation and maintenance of your Device, and any interference with or damage to your computer system, Device, software or data that occurs in connection with the Website.  You also make certain commitments in relation to how you will use the Website.

Terminated or blocked access to the Website

We may decide to block your access to the Website (which we may do, for example, for security reasons).  We may request that you cease any conduct which is contrary to these Terms and it is your obligation to comply immediately with these requests.

Suspended access and modifications to the Website

We reserve the right to: (a) suspend your use of, or withdraw, the Website and/or any of its features or components; and (b) add to, amend, remove, or disable access to, any part of the Website and/or any of its features or components, in each case at any time and for any reason, without notice to you. 

Capitalised terms used in these Terms are defined in the 'Interpretation' section at the end of the Terms and throughout these Terms (as applicable).

In using some services available through (or linked from) the Website, you may be required to agree to additional terms and conditions. 

THE WEBSITE AND THE INFORMATION IT CONTAINS ARE NOT INTENDED FOR USE IN EMERGENCY SITUATIONS. IF YOU ARE SUFFERING AN ACUTE ILLNESS OR EMERGENCY CONDITION, CALL TRIPLE ZERO (000) AND ASK FOR AN AMBULANCE.

The Information is for your general information and use only and is not intended to be used as medical advice.

The Information may be used in connection with the management of non-acute medical conditions and to locate medical assistance. However, this Information is not a substitute for independent professional advice and should not be used as an alternative to professional health care. If you have a particular medical problem, please consult a healthcare professional.  You acknowledge and agree that accessing or using the Website or the Information does not create a doctor-patient relationship with us.  

You should also not disregard professional advice, or delay seeking it, because of any Information. 

All copyright and other intellectual property rights in the Website and Information (including all trademarks appearing on the Website), are owned by Cerebral Palsy Australia or licensed to us. You must not display or use in any manner any trademarks or other intellectual property featured on the Website without the prior written permission of the relevant owner or appropriately authorised licensee. Requests for written permission from or through CPA must in the first instance be notified to us by email to info@cerebralpalsyaustralia.com.

We grant you a revocable, non-transferable, non-exclusive licence to use the Website on your Device (and to download and print out a copy of the Information available from the Website) for your own personal use.

You must not (and must not attempt to):

• except as permitted by the licence set out above, use or copy any part of the Website or Information without our prior written consent;
• modify, translate, tamper with, publish, transmit or distribute any part of the Website or Information;
• create derivative works of or from, or in any way exploit, any part of the Website or Information;
• sell, rent, lease, sub-license, assign, exchange or otherwise transfer your rights under these Terms; or
• permit or assist any person to engage in any act described in paragraphs (01) to (05) above.

Use of the Website and system requirements

You must provide your own internet access and Device in order to use the Website.  You are responsible for all internet access, data download and other network charges arising from your use of the Website and you acknowledge and agree that we have no responsibility or liability for those charges.  

You are responsible for the operation and maintenance of your Device and for ensuring that the Website is accessible from your Device.  This includes but is not limited to a responsibility to ensure the installation of a compatible operating system for the operation and use of the Website on your Device.  

We are under no obligation to monitor any transmissions made or content submitted or (where applicable) published using the Website.  However, we have the right to monitor, edit, disclose, delete and (where applicable) refuse to transmit or post any such transmissions and content. 

Information concerning medicines and other therapeutic goods is provided for the limited purpose of general information for the safe and effective use of the medicine and is not intended to be used as medical advice, diagnosis and treatment and should not be relied on to manage or diagnose a medical condition.

Information, including product information on medicines, may have been written by the relevant pharmaceutical companies or other third parties and such information has not been independently verified by Cerebral Palsy Australia.

You should seek professional medical advice in relation to medicines and use medicines only as directed by a healthcare professional. Always read the label. If symptoms persist see your doctor/healthcare professional.

The supply and regulation of medicines differs from country to country. Please check your local authorities regarding available medicines in your country. 

The Website, including the Information, is subject to updates from time-to-time and while we aim to ensure that it is up-to-date, there may be delays, errors or omissions that could affect its currency or accuracy.  The Information is subject to continuing research, clinical experience, reasonable differences in opinions among authorities and unique aspects of individual situations. We make no representation or warranty (express or implied) as to the currency, completeness, accuracy, reliability, suitability, or availability of the Website or the Information. We make no representation or warranty (express or implied) that the Information will meet your health, disability, or medical requirements.

Whilst we provide general information, the circumstance of everyone will differ. You should exercise your own judgment with respect to your use of our Website and you should carefully evaluate the currency, completeness, accuracy, reliability, suitability, and relevance of the available Information. You acknowledge and agree that you will make your own enquiries to determine whether the Information is current, complete and accurate before using it.  Subject to the section headed 'Consumer Guarantees' below, we are not responsible for any Loss you suffer or incur as a result of your failure to comply with this section.

Consumer Guarantees

Under the Australian Consumer Law (and other similar legislation of Australian states and territories), certain statutory guarantees are conferred in relation to the supply of goods or services to a Consumer (Consumer Guarantees).

Where you as a Consumer acquire goods or services under these Terms through your use of the Website the Consumer Guarantees cannot be excluded, restricted or modified.  

You acknowledge that your use of the Website and any Information is entirely at your own risk and that the Information may contain inaccuracies or errors.

To the maximum extent permitted by law, Cerebral Palsy Australia:  

(a) expressly disclaims all liability (including for negligence) for any Loss incurred by you arising out of accessing, downloading, using or relying on the Website and any of the Information including, but not limited to, in circumstances where:

• the Website or Information is used for a purpose for which it was not intended;
• the Information contains errors, omissions or inaccuracies;
• you are unable to obtain consistent, reliable and uninterrupted access to Website;
• there is damage or interference to your Device or any other piece of hardware, software, equipment or device installed on or used in connection with your Device, or your data that arises in connection to your download or use of the Website, its Information or any third party links;
• you rely on an interpretation or opinion stated in, or which may be inferred from the Information;
• there is delay or failure to receive Information from us that you may have subscribed to; or
• inaccurate information is available from any third party links;

(b) excludes from these Terms all representations, guarantees, conditions, warranties, rights, remedies, liabilities and other terms that may be conferred or implied by statute, general law or custom (except any guarantee or right which if excluded would contravene legislation (including the Australian Consumer Law) and / or cause part or all of this section to be void); and

(c) excludes all responsibility and liability arising from or in connection with your use of the Website and the Information, including, without limitation:

• any and all actual or anticipated loss of profits, revenue, goodwill, savings, data, business opportunity, or expectation, and any and all indirect, special, consequential, punitive or exemplary Losses; and
• any other Losses. 

If you access any Confidential Information using or accessing the Website or the Information, you must:

(a) keep such Confidential Information confidential;

(b) use such Confidential Information only in accordance with the Terms; and

(c) not disclose such Confidential Information to any person (other than a director, officer, employee or partner of the organisation you represent, who is obliged to keep that information confidential).

The obligations in paragraphs (a) to (c) above will continue to apply even if your access to the Website is disabled, terminated, suspended or withdrawn.

Privacy

We may collect, use and store your personal information in accordance with these Terms, our Privacy Policy and applicable legislation, including for the purposes of making available the Website and the Information, complying with our legal obligations, and improving the user experience in relation to the Website.

If you use the Website, the information that we may collect and store includes, without limitation:

(a) the type of operating system and/or other software or firmware used by your Device;

(b) the data you send and receive using the Website, and the type and quantity of that data;

(c) the dates on which and times at which you use the Website; and

(d) the IP and MAC address of your Device.

You represent and warrant to us that the personal information you provide to us is complete and accurate. 

The website may contain links to other websites over which we have no control. These links are provided for your convenience only and we are not responsible for their use, effect or content.

We make no representations or warranties as to, and accept no responsibility for, the accuracy of information on those websites, nor do we endorse any information, opinions, goods or services referred to on them. It is your responsibility to make your own decisions about the currency, completeness, accuracy, reliability and suitability of information contained in linked websites.

You may link to the Website, but permission is restricted to making a link without any alteration of the relevant contents. Permission is not granted to reproduce, frame or reformat the files, pages, images, information and materials from this Website on any other website unless express prior written permission has been obtained from Cerebral Palsy Australia. 

As part of your access to and use of the Website, you may be able to create a personal profile.

To create a profile, you will be required to provide login details (including contact details such as your email address) and a password. You must obtain (or register) those login details and password as required by us and use them in the manner we direct from time to time in order to access the Website. Depending on your preferences, you may also be required to provide other information relevant to your circumstances and the services you are using. Where you provide us with information in relation to another person, you warrant that you have authority to provide this information to us. We may decline to provide you login details or a password or to permit you to register login details or a password for the Website in our sole discretion.

You must keep your login details and password for the Website confidential, and not disclose them to any person, or authorise or permit any other person to use the Website using your login details or password.  If you breach your obligations under this paragraph and another person uses your login details or password for the Website, you are responsible and liable for the use that person makes of the Website with your login details or password, as if that use of the Website was by you.

You must promptly notify us by email to info@cerebralpalsyaustralia.com if:

(a) there is any change to any of the contact or other details you register with us; or

(b) you have reason to believe that another person is aware of your password for the Website.

You may subscribe to receive Information. You acknowledge that this is provided to you as general information and for general use only. The Information is not intended to be used as medical advice and should not be used as an alternative to professional health care. You should also not disregard professional advice, or delay seeking it, because of any failure to or delay in receiving Information or notifications from us.

You can unsubscribe from receiving Information from us at any time. 

We will use reasonable endeavours to generally make the Website available during our normal business hours.  However, the availability of the Website depends on various third party suppliers (both your third party suppliers and ours), and accordingly, we does not warrant or guarantee that:

(a) you will be able to use the Website at any time; or

(b) your use of the Website will be continuous, uninterrupted, secure or error-free.

You acknowledge and agree that the Website may not be available for use from time to time, and that you may be disconnected from your use of the Website at any time for any reason, including if:

(a) any network connection difficulties occur;

(b) the systems providing those services are unavailable for any reason (including so that maintenance can be performed);

(c) you breach any of these Terms; or

(d) we decide to terminate your access to those services for any reason.

We make no guarantee as to the reliability or performance of the Website beyond the reasonable endeavours statement above. The performance of the Website depends on various factors, including the functions, capacity and configuration of your Device, the speed of your internet connection, and the number of users accessing the Website and the systems that support it.

Your obligations

You must not use (or attempt to use) the Website:

for any unlawful or dishonest activity, or any activity prohibited by these Terms;

to access, transmit, publish or communicate material (or links to other sites that contain or promote material) which is false, inaccurate, misleading, defamatory, offensive, inflammatory, obscene, unsuitable for minors, abusive, indecent, threatening, or infringes a person's copyright or other rights (including any other intellectual property rights);

to obtain unauthorised access to (or damage, disrupt or interfere with the operation of) any computer, system, application, network or service;

in any way that may bring negative exposure or harm to us, our suppliers or other users of the Website; or

in any way that may cause us, our suppliers or other users of the Website to incur liability to a third party.

We may ask you to cease any conduct which we believe is contrary to your obligations under these Terms, and you must immediately comply with any such request.  We may immediately terminate and block your access to the Website or the services provided by the Website in our discretion to ensure compliance with these Terms (including where you fail to comply with any request to cease conduct that we have requested that you stop). Where we have exercised our right to terminate or block access under this heading, but later determine that the termination or block is no longer required, we will reinstate your account within a reasonable period.   

To use the website and its features as intended, you must:

(a) enable the Website to use cookies; and

(b) grant it any other permissions and access to your Device that it requires from time to time.

If you do not grant these permissions and this access, you may be unable to use the Website or some of its features.

The internet is an insecure public network which means there are risks that information sent to or from the Website may be intercepted, corrupted or modified by third parties. In addition, files obtained from or through the Website may contain computer viruses, disabling codes, worms or other devices or defects. You bear the risks and responsibility for any Losses or other damage caused, directly or indirectly, by these risks. We take limited measures as further described in the My CP Guide Privacy Policy. However, we do not warrant or guarantee the security of the Website and we accept no liability for any interference with, or damage to, your computer system, Device, software or data occurring in connection with the Website. 

To the extent of any breach by you of these Terms, we reserve the right to:

(a) suspend your use of, or withdraw, the Website and/or any of its features or components (including any Information); and

(b) add to, amend, remove, or disable access to, any part of the Website and/or any of its features or components (including any Information),

in each case at any time, without notice to you.  

If requested by us, you must immediately:

(a) cease use of the Website; and/or

(b) destroy, expunge, disable or restrict access to the Information that you have printed or downloaded, and any information derived or generated from that Information. 

We do not waive a right, power or remedy in connection with these Terms if we fail to exercise or delay in exercising the right, power or remedy.

These Terms, and any dispute arising out of use of the Website or Information is subject to, and governed by the laws of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and the courts having appeal from them.

Feedback facility

The Website may contain a facility allowing you to give feedback and make suggestions (Feedback Facility). You agree that your use of the Feedback Facility is subject to the following additional terms:

(a) any feedback, suggestion or material you may provide (Feedback) will not be treated by Cerebral Palsy Australia as confidential; and

(b) Cerebral Palsy Australia will own any intellectual property rights in or arising from any Feedback, and you assign any intellectual property rights you have in Feedback you provide to Cerebral Palsy Australia.

Interpretation

In these Terms:

(a) Australian Consumer Law has the meaning given to that term in section 4 of the Competition and Consumer Act 2010 (Cth), as amended, replaced or superseded from time to time;

(b) Confidential Information means:

any information obtained through the Website which is identified as 'confidential' or similar, or which reasonably ought to be considered confidential; and

the identity of any user of the Content,

except in each case for information which is in, or which enters, the public domain otherwise than as a consequence of a breach of these Terms;

(c) Consumer has the meaning given to that term by section 3 of the Australian Consumer Law;

(d) Device means your own internet-enabled device that is compatible with the Website and has a current and working internet connection;

(e) Information means the content or material contained in the Website or that we provide to you via email or other means, including health information, publications, videos, webinars, podcasts, fact sheets, news and alerts;

(f) Loss means any liabilities, losses, damages, costs and expenses (including legal costs and expenses, regardless of whether incurred or awarded) arising in contract, tort (including negligence) or otherwise, and Losses has a corresponding meaning; and

(g) Privacy Policy means our privacy policy, as amended from time to time and published at web page accessible using the address https://www.mycpguide.org.au/terms (or any replacement web page from time to time).