This Privacy Policy outlines how Transcript Divas Australia manages your personal information and health information (referred to collectively as ‘personal data’) in accordance with the privacy principles contained in the NSW Privacy and Personal Information Protection Act 1998 and the NSW Health Records and Information Privacy Act 2002.
Transcript Divas Australia is an Australian registered Transcription Service (view our current registration status here: ABN 44 925 005 362). We have been operating since 2012, and carry both Professional Indemnity ($2M) and Public Liability ($10M) Insurance.
Transcript Divas Australia is committed to safeguarding your privacy. Contact us at accounts@transcriptdivas.com.au if you have any questions or problems regarding the use of your Personal Data and we will gladly assist you.
By using this site or/and our services, you consent to the Processing of your Personal Data as described in this Privacy Policy. This Privacy Policy is a part of our Terms and Conditions and our Confidentiality Agreement / NDA; by agreeing to the Terms and Conditions and/or our Confidentiality Agreement / NDA you also agree to this Policy. In the event of a collision of terms used in the Terms and Conditions or Confidentiality Agreement / NDA and this Privacy Policy, the latter shall prevail.
Can an Australian or Australian organisation use a non-Australian service to transcribe recordings?
Although non-Australian services can be cheaper, as international services do not have to abide by Australian wage law, there are substantial legal implications. The Office of the Australian Information Commissioner (OAIC) details that under the APP, the sender of the personal information is liable for any data breach or privacy breaches that are caused by non-Australian services they use (this includes Human and AI / automated services that process data internationally).
“An APP entity that discloses personal information to an overseas recipient is accountable for any acts or practices of the overseas recipient in relation to the information that would breach the APPs (s 16C).” – OAIA Guidance.
OAIC suggest best practice might be to gain agreement from participants that their data will be transferred internationally for processing.
As an Australian business that uses only Australian typists any privacy breach Transcript Divas are solely accountable (as would be expected).
Definitions
Personal Data – any information relating to an identified or identifiable natural person.
Processing – any operation or set of operations which is performed on Personal Data or on sets of Personal Data.
Data subject – a natural person whose Personal Data is being Processed.
Child – a natural person under 16 years of age.
We/us (either capitalized or not) – Transcript Divas Australia
Data Protection Principles
We promise to follow the following data protection principles:
- Processing is lawful, fair, transparent. Our Processing activities have lawful grounds. We always consider your rights before Processing Personal Data. We will provide you information regarding Processing upon request.
- Processing is limited to the purpose. Our Processing activities fit the purpose for which Personal Data was gathered.
- Processing is done with minimal data. We only gather and Process the minimal amount of Personal Data required for any purpose.
- Processing is limited with a time period. We will not store your personal data for longer than needed.
- We will do our best to ensure the accuracy of data.
- We will do our best to ensure the integrity and confidentiality of data.
Data Subject’s rights
The Data Subject has the following rights:
- Right to information – meaning you have to right to know whether your Personal Data is being processed; what data is gathered, from where it is obtained and why and by whom it is processed.
- Right to access – meaning you have the right to access the data collected from/about you. This includes your right to request and obtain a copy of your Personal Data gathered.
- Right to rectification – meaning you have the right to request rectification or erasure of your Personal Data that is inaccurate or incomplete.
- Right to erasure – meaning in certain circumstances you can request for your Personal Data to be erased from our records.
- Right to restrict processing – meaning where certain conditions apply, you have the right to restrict the Processing of your Personal Data.
- Right to object to processing – meaning in certain cases you have the right to object to Processing of your Personal Data, for example in the case of direct marketing.
- Right to object to automated Processing – meaning you have the right to object to automated Processing, including profiling; and not to be subject to a decision based solely on automated Processing. This right you can exercise whenever there is an outcome of the profiling that produces legal effects concerning or significantly affecting you.
- Right to data portability – you have the right to obtain your Personal Data in a machine-readable format or if it is feasible, as a direct transfer from one Processor to another.
- Right to lodge a complaint – in the event that we refuse your request under the Rights of Access, we will provide you with a reason as to why. If you are not satisfied with the way your request has been handled please contact us.
- Right for the help of supervisory authority – meaning you have the right for the help of a supervisory authority and the right for other legal remedies such as claiming damages.
- Right to withdraw consent – you have the right withdraw any given consent for Processing of your Personal Data.
Data we gather
Information you have provided us with.
This might be audio or video recordings, or copies of documents or notes, your e-mail address, name, billing address, address etc – that is, information that is necessary for delivering you a product/service or to enhance your customer experience with us. We may save the information you provide us with in order for you to perform activities on the website for example, your name and e-mail address, or order details.
Information automatically collected about you
This includes information that is automatically stored by cookies and other session tools. For example, your order information, your IP address, your order history (if there is any) etc. This information is used to improve your customer experience. When you use our services or look at the contents of our website, your activities may be logged.
Publicly available information
We might gather information about you that is publicly available, such as business information or information from your business website, or other public profiles e.g. LinkedIn account etc.
How we use your Personal Data
We use your Personal Data in order to:
- Provide our service to you. This includes, for example, creating transcripts from audio or video recordings or hardcopy; registering your account; invoicing and payment processing; providing you with other products and services that you have requested; providing you with promotional items at your request and communicating with you in relation to those products and services; communicating and interacting with you, and notifying you of changes to any services.
- Enhance your customer experience.
- Fulfill an obligation under law or contract.
We use your Personal Data on legitimate grounds and/or with your Consent.
On the grounds of entering into a contract or fulfilling contractual obligations, we Process your Personal Data for the following purposes:
- to identify you;
- to provide you a service eg transcription or to send/offer you a product/service;
- to communicate either for sales or invoicing;
On the ground of legitimate interest, we Process your Personal Data for the following purposes:
- to administer and analyse our client base (purchasing behaviour and history) in order to improve the quality, variety, and availability of products/ services offered/provided;
- to conduct questionnaires/interviews concerning client satisfaction and service development;
As long as you have not informed us otherwise, we consider offering you products/services that are similar or the same to your purchasing history/browsing behaviour to be our legitimate interest.
We Process your Personal Data in order to fulfill obligations rising from law and/or use your Personal Data for options provided by law.
We save your billing information and other information gathered about you for as long as needed for accounting purposes or other obligations deriving from law.
Who else can access your Personal Data
We do not share your Personal Data with strangers. Personal Data about you is in some cases provided to our trusted partners in order to either make providing the service to you possible or to enhance your customer experience. We share:
- Invoice Information – Name, address, number of minutes, total charges etc. We create, send and store your invoices using the xero accounting software. We also share invoice info with our accountants and business advisors.
- Project Management Information – Name, project number, due date, the team assigned to your project etc. We manage your project via the google apps platform (email, spreadsheets). Do note though, the actual project recordings and transcripts are not stored with google.
- Website Visiting: We use Google Analytics to review visitor activity on our website.
We only work with Processing partners who are able to ensure an adequate level of protection to your Personal Data. We disclose your Personal Data to third parties or public officials when we are legally obliged to do so. We might disclose your Personal Data to third parties if you have consented to it or if there are other legal grounds for it.
How we secure your data
We do our best to keep your Personal Data safe.
- Encryption: We use secure protocols for communication and transferring data. We encrypt data in transit – see here for our website’s independent HTTPS test. We also encrypt data when it is at rest/stored – see here for details of the Amazon AWS ‘always on’ at rest encryption and see here for an independent test that we are hosted with one of the Amazon AWS Sydney Servers.
- Australian-based server: Transcripts and transcript recordings (unless otherwise directed by you) will be hosted on our Sydney-based server. See the independent server location test here
- Deletion: Recordings and Transcripts of those recordings will be deleted from our servers within 60 days of upload.
- Firewalls: We use host-based firewalls on both computers and mobile phones, and where possible on our wifi routers.
- Password-based authentication: Our systems are password-protected, and when possible, we use 2-factor authentication (both a password and a code is needed for access).
- User Access Control: User access to data is limited. Users can only see specific data that they have been granted access to in order to perform their specific role in providing our services (e.g. an accounts person can access client invoicing information but not client recordings. Typists can access specific client recordings they are working on, but not client invoicing information etc.)
- Malware Protection (viruses, worms & spyware): Anti-malware software is deployed on computers and mobile phones.
- Patch management: Software is licensed and supported. Software is removed from devices when no longer supported. Any security patches are applied within 14 days of an update being released.
Data Deletion: How long we retain your data
To ensure that data is kept for no longer than necessary, we have put in place the following data deletion policy to align with our NDA / Confidentiality Agreement.
- Transcripts and recordings will be automatically deleted from our server within 60 days of upload.
- Client order details and invoice details are retained for tax/legal purposes.
In general, within 60 days of completing the permitted purpose or upon the written the request of a client, we will promptly delete and be willing to certify in writing that it has been so destroyed or deleted: the Confidential Information of a client; and all copies, extracts, summaries, notes, and records in whatever form (including, without limitation, any electronic records or any unwritten form) of the whole or any part of the Confidential Information of the client that does not need to be held for tax or legal purpose.
What data breach procedures do we have in place
Despite the use of best practices and a data breach does occur, we will take the following data breach management steps as advised in the Privacy Act and Oaic guidelines and the NSW Mandatory Notification of Data Breach (MNDB) Scheme.
We will.
- CONTAIN the data breach to prevent any further compromise of personal information.
- ASSESS the data breach by gathering the facts and evaluating the risks, including potential harm to affected individuals and undertake this assessment within 30 days where there are reasonable grounds to suspect there may have been an eligible data breach.
- ATTEMPT TO MITIGATE & REMEDIATE during the assessment period any harm done by the suspected breach.
- IDENTIFY whether a breach is deemed an actual ‘eligible data breach’ under the policy or there are reasonable grounds to believe the breach is an eligible data breach.
- NOTIFY affected individuals, and the Privacy Commissioner if the breach is an ‘eligible data breach’ under the National data breach scheme.
- REVIEW the incident and consider what actions can be taken to prevent future breaches and comply with other data management requirements.
Children
We do not intend to collect or knowingly collect information from children. We do not target children with our services.
Cookies and other technologies we use
We use cookies and/or similar technologies to analyse customer behaviour, administer the website, track users’ movements, and to collect information about users. This is done in order to personalise and enhance your experience with us.
A cookie is a tiny text file stored on your computer. Cookies store information that is used to help make sites work. Only we can access the cookies created by our website. You can control your cookies at the browser level. Choosing to disable cookies may hinder your use of certain functions.
We use cookies for the following purposes:
- Necessary cookies – these cookies are required for you to be able to use some important features on our website, such as logging in. These cookies don’t collect any personal information.
- Functionality cookies – these cookies provide functionality that makes using our service more convenient and makes providing more personalised features possible. For example, they might remember your name and e-mail in comment forms so you don’t have to re-enter this information next time when commenting.
- Analytics cookies – these cookies are used to track the use and performance of our website and services
You can remove cookies stored in your computer via your browser settings. Alternatively, you can control some 3rd party cookies by using a privacy enhancement platform such as optout.aboutads.info or youronlinechoices.com. For more information about cookies, visit Wikipedia.
We use Google Analytics to measure traffic on our website. Google has their own Privacy Policy which you can review here. If you’d like to opt out of tracking by Google Analytics, visit the Google Analytics opt-out page.
Contact Information
Data Protection Officer
If you have any questions regarding Processing your Personal Data, your rights regarding your Personal Data or this Privacy Policy, contact our Data Protection OfficerAndrew Dodson at accounts@transcriptdivas.com.au
Supervisory Authority
Website: https://www.oaic.gov.au
Email: enquiries@oaic.gov.au
Phone: 1300 363 992
Changes to this Privacy Policy
We reserve the right to make change to this Privacy Policy.
Last modification was made June 14, 2023.