What you need to know?
- Your privacy is important to us! Any sensitive information that you provide will not be stored on the Radiant platform.
- If you send an email to a professional via Radiant, we’ll directly pass on the details you entered into the message (including the contact details and the personal message you’ve written). We won’t provide your professional any additional information beyond what has been entered into the email webform.
Last updated: 18th March 2020
Table of Contents
- Amendments to this Agreement
- Becoming a Professional on Radiant
- Content of Site
- Conduct on Site
- Verification of Professionals
- Radiant is a Platform
- Relationship between the Parties
- Ownership of Intellectual Property
- No Warranty
- Dispute Resolution
- General Terms
- Contact Information
Terms of Service
Radiant is an online resource dedicated to mental health. Radiant serves the community of professionals working in the field of therapy and counselling, and those seeking help, acting as a connector of the Professional and the Client in the formation of an independent therapeutic relationship. It is not a diagnostic tool nor does it replace professional advice
1.1. In this Agreement:
1.1.1.“Agreement” means this User agreement between You and RASE PTY Ltd (ACN 99876509) which incorporates all policies and terms and conditions referred to in this Agreement
1.1.2.“Client” means a Person who completes a “Request a call back” or “Email me” webform to a Radiant Professional
1.1.3. “Content” means all information and materials contained on the Site supplied by Professionals
1.1.4“Radiant”, “We” or “Us” means RASE Pty Limited (ACN 610 890 036)
1.1.5. “Person” means a natural person, firm, body corporate, partnership (whether limited or otherwise), joint venture, trust, an unincorporated association and any authority
1.1.6. “Professional” means a Person registered with Radiant that meets the professional eligibility criteria and standards outlined in clause 3.4 and has established an account with Radiant
1.1.7. A “Request a call back” or “Email me” webform means the completion of a form by the Client to a Professional registered on the Radiant Site
1.1.8. “Site” means myradiant.com.au including without limitation all subpages
1.1.9. “Services” means Radiant’s products, software, services and Sites (referred to collectively as the “Services”)
1.1.10. “The Technology” means the software and code to provide the Site and Services
1.1.11. “User” means each Person who uses the Site including Visitors, Professionals and Clients in the relevant context
1.1.12. “Visitor” means a person who browses the Site
1.1.13. You”, “Your”, “User” or “Users” refers to anyone accessing the Services or Site for any reason
1.2. This Agreement is a binding contract between you and Radiant
1.3. Your continued use of the Site constitutes your acceptance of this Agreement
2. Amendments to this Agreement
2.1. We may, at our sole discretion, amend the terms of this Agreement from time to time.
3. Becoming a Professional on Radiant
3.1. A User who wishes to register as a Professional on Radiant is required to set up an Account and provide certain information to Us and agrees that this information will be made publicly available, when you give Us specific approval, providing the professional eligibility criteria set out in Clause 3.4 below are met
3.2. A User who registers as a Professional warrants that all information provided to Us
3.2.1. Is true, accurate and complete
3.2.2. Will not infringe or misappropriate any copyright, patent, trademark or any other intellectual property right of any third party
3.2.3. Will not violate any law
3.2.4. Will not misrepresent the Professional in any way
3.3. No copyrighted material of any third party can be posted on the Site, unless the Professional has a licence or other form of authority that permits them to do so
3.4. To be published on the Site as a Professional, the Professional must meet the professional eligibility criteria. The Professional must be registered with one of the following bodies to be eligible
3.4.1. The Australian Health Practitioner Regulatory Authority (AHPRA) – General registration, acknowledging that practitioners may also be endorsed for clinical and/or counselling psychology
3.4.2. Psychotherapy and Counselling Federation of Australia (PACFA) – Clinical Registration
3.4.3. Australian Counselling Association (ACA) – Membership Level 3 and 4
3.4.4. Australian Register of Counsellors and Psychotherapists (ARCAP) – Division A Clinical, Division B Level 3 and 4, Mental Health Practitioner
4. Content of Site
4.1. When You access the Site as a Client or Visitor, you obtain access to Content
4.2. The Professional is solely responsible for each individual item of Content that you make available on the Site
4.3. Radiant reserves the right to remove or modify Content that it considers to be offensive or otherwise unsuitable for posting on the Site, at its discretion.
5. Conduct on Site
5.1. Users agree that they will not use Radiant for any purpose that would violate any law or other than as set out in this Agreement
5.2. If this requirement is breached, Radiant reserves the right to edit or remove postings or Content from the Site
5.3. Radiant further reserves the right to issue a warning to the User stating that the User has violated the Agreement and deny access to the Site by a User who violates this Agreement.
6. Verification of Professionals
6.1. The Client understands that Professionals may make representations about themselves via the Site, or in other communications
6.2. The Client is responsible for making their own decision regarding the Professionals that they engage to provide therapeutic services through the Site
7. Radiant is a Platform
7.1. The Site is a platform designed to connect Professionals with Clients seeking therapeutic services
7.2. Radiant does not:
7.2.1. provide or arrange therapeutic services
7.2.2. participate in the interaction between Professionals and Clients other than to provide the technology to facilitate their interaction
7.2.3. get involved in the terms of service between Professionals and Clients or the regulation of their engagement with each other
7.2.4. endorse, promote or recommend any particular Professional on the Site
7.3. The Professional solely decides whether to provide a therapeutic service to a Client
7.4. The Client solely decides whether to engage a Professional to provide a therapeutic service
7.5. The User understands and agrees that Radiant:
7.5.1. has no control over and is not responsible for the acts or omissions of any Users on and off the site;
7.5.2. makes no representation or warranty regarding the quality of any therapeutic service provided by any Professionals;
7.5.3. is not responsible for any inaccuracy or reliability of any information provided by any Professional on the Site
8. Relationship between the Parties
8.1. The Professional is not a partner, employee, independent contractor or agent of Radiant
8.2. Radiant is not liable for any injury, loss or damage suffered by the Client or Professional in the provision of therapeutic services.
9. Ownership of Intellectual Property
9.1. You understand and acknowledge that the Agreement and the Technology are:
9.1.1. Our proprietary copyright and/or licensed to Us under Australian and international law
9.1.2. Owned by Us and may not be copied, modified or reproduced in any way.
10. No Warranty
10.1. You access the site at Your own risk
10.2. Except for the obligations imposed by law that cannot be excluded, You agree that Radiant, related bodies corporate or affiliates will not be liable for any loss arising out of, as a result of or relating to the Site, the content or the use of or access to the Site or any related platform including the acts or omissions of Professionals or Clients on or off the Site.
11. Dispute Resolution
11.1. Any disputes related to the therapeutic services received by the Client from the Professional must be resolved directly between the Client and the Professional
11.2. If a dispute arises between You and Radiant, our goal is to address Your concerns and if We are unable to do so to Your satisfaction then Radiant will initiate arbitration through an established alternative dispute resolution (ADR) provider. You will select a provider from a panel of ADR providers that Radiant will provide to you.
12. General Terms
12.1. You are responsible for compliance with all applicable laws
12.2. This Agreement and the relationship between you and Radiant are governed by the laws of the state of New South Wales
12.3. We may assign or novate this Agreement at any time without obtaining Your consent
12.4. Any delay or failure by Radiant to exercise a right under this Agreement will not constitute a waiver of such right or provision.
13. Contact Information
13.1. We may give notice to You by email, a posting on the Site or by other reasonable means.
13.2. You must give notice to Us in writing via email using the Contact Us page on the Site.
14.1. Feedback can be sent by email using the Contact Us page on the Site
1. This document outlines the policy of Radiant with respect to Privacy.
1.2.1. how Personal Information is collected and held;
1.2.2. the purposes for which your Personal Information is collected and held;
1.2.3. how Radiant may use that Personal Information;
1.2.4. how you can gain access to your Personal Information and seek its correction; and
1.2.5. how you may complain or inquire about our collection, handling, use or disclosure of your Personal Information and how that complaint or inquiry will be handled;
1.3 Protecting your privacy is very important to Radiant. We are committed to maintaining the security of Personal Information provided to Radiant by persons who use this Site and register to become Professionals or use the Site to access Professionals.
2.1.1. “Corporations Act” means the Corporations Act 2001 (Cth) as amended from time to time
2.1.2. “Professionals” or “Clients” means Users who register on the Site to obtain services offered by Radiant;
2.1.4. “Privacy Act” means the Privacy Act (Cth) 1988, as amended from time to time;
2.1.5. “Site” means the website located at www.myradiant.com.au
2.1.6. “User Agreement” means the agreement between Radiant and each User of the Site which sets out the terms and conditions in respect to the Site.
2.1.7. “Users” means any person who logs onto the Site; and any person who completes a “Request to Call Back” or “Email me” webform
2.1.8. “Visitors” means Users who browse the Site.
3. Who does Radiant collect Personal Information from?
3.1 We may collect Personal Information from:
3.1.1. Users to the Site who register as Professionals.
3.1.2. Visitors or users to the Site who email a Radiant Professional via the Site webform, Contact Us via the Site webform, or subscribe to receive regular email updates or social media posts.
4. User consent
4.1. By submitting Personal Information through our Site or Services, you agree to the terms of this Policy, and you expressly consent to the collection, use and disclosure of your Personal Information in accordance with this Policy.
5. Types of data we collect
5.1 .The information Radiant collects about you depends on how and why you access our Site.
5.2. For the purposes of this Policy
5.2.1. ”Personal Information” means information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion, including, your name, address, telephone number, e-mail address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data.
5.2.2. “Anonymous Data” means data that is not associated with or linked to your Personal Information. Anonymous Data does not, by itself, permit the identification of individual persons.
5.2.3. “Sensitive information” is personal or health information regarding an individual’s racial or ethnic origin, political opinions, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional or a trade association, membership of a trade union, sexual preferences or practices or criminal record.
5.3 Radiant does not collect Anonymous Data except that we may use third party analytics suppliers to measure the performance of the site and consequently, may collect the IP Address of the User’s device. We collect Personal Information, some of which may constitute Sensitive Data, as described below.
6. Information You Provide to Radiant as a Professional.
6.1. When you create an account to log in to the Site, in order to register with us as a Radiant Professional, we will ask for Personal Information from you which may include things such as your first and last name, gender, email and mailing address, phone number, work experience, professional licence numbers, education, profile picture and professional skills and abilities. This information is requested to facilitate the creation of your professional profile on the Site. This information will be stored on Radiant and be available to the Site administrator.
6.2. Radiant reserves the right to monitor, edit and disclose material of any nature on the Site to determine compliance with the Terms of Service Agreement. Once a Professional has given us permission to publish their information on the Radiant Site, the Professional acknowledges that the information will then become publicly available and will be visible to all Site Users.
7. Information You may provide to us if you are a Visitor to the Site seeking access to a Professional.
7.1. You may be asked a number of questions, or select filters that refer to your health concerns and needs. This information is not permanently collected by Radiant and is used only for the purpose of proposing to you one or more Professionals who may be of assistance to you. It will not be visible to any other Site User or Site administrator, including those Professionals from whom the Visitor may contact.
7.2. If you send email to a Radiant professional via the Site, we’ll pass on your name, phone number, email and the personal message you’ve written to your professional. We won’t provide the professional any additional information beyond the information entered into the form. Your personal message will be treated as sensitive information. Your contact information may be retained just in case the email has not been received by the professional.
8. How we retain Personal Information
8.1. We may retain information on your behalf, such as any files and messages that you store using Your Account.
8.2. If you provide us feedback or contact us via e-mail, we will collect your name and e-mail address, as well as any other content included in the e-mail, in order to send you a reply.
8.3. When Professionals create a profile, You acknowledge that the information will be stored on our servers and become publicly available and Visitors to the Site will see this Content.
8.4. We may use third party analysis services to analyse Visitors to our Site and identify the performance of the Site. These services may use the IP Addresses of Your devices.
9. Use of Your Personal Information
9.1 General Use. In general, Personal Information you submit to us is used either to respond to requests that you make, or to aid us in serving you better. We use your Personal Information in the following ways:
9.1.1. to facilitate the creation of and secure Your Account on our network
9.1.2. to identify you as a User in our system;
9.1.3. to ensure that you meet the professional eligibility criteria (if you are a Professional);
9.1.4. to provide improved administration of our Site and Services;
9.1.5. to send you administrative e-mail notifications, such as security or support and maintenance advisories.
9.1.6. to respond to your inquiries or requests and/or troubleshoot problems;
9.1.7. to make telephone calls to you, from time to time.
10. Disclosure of Your Personal Information
10.1. We will not disclose your Personal Information other than to create a profile when you register with Radiant as a Professional.
10.2. Affiliates and Acquisitions
10.2.1. We may share some or all of your Personal Information with our Related Bodies Corporate (as defined in the Corporations Act), joint ventures, or other companies under a common control (” Affiliates“), in which case we will require our Affiliates to honour this Policy.
10.3 Other Disclosures
10.3.1 Regardless of any choices you make regarding your Personal Information (as described below), Radiant may disclose Personal Information if it believes in good faith that such disclosure is necessary:
10.3.1.1. in connection with any legal investigation;
10.3.1.2. to comply with relevant laws, or to respond to subpoenas or warrants served on us;
10.3.1.3. to lessen or prevent a serious threat to the life, health or safety of an individual or to public safety;
10.3.1.4. to investigate or assist in preventing any violation or potential violation of the law;
10.3.1.5. where another permitted general situation (as defined in the Privacy Act 1988) applies; and/or
10.3.1.6. where disclosure is reasonably necessary for a law enforcement related activity.
11. Your choices regarding your personal data
11.1. Unless you become a Professional on the Site, Radiant does not collect any personal data
11.2.1. We may periodically send you e-mails that directly promote the use of our Site or Services. When you receive communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive, or by contacting us directly (please see contact information below). Our electronic marketing activities will comply with the requirements of the Spam Act 2003 (Cth)
11.2.2. Despite your indicated e-mail preferences, we may send you service related communication, including notices of any updates to our Terms of Service Agreement or Policy.
11.3. Changes to Personal Information
11.3.1. You may update, change or clear any Personal Information or other information we hold in Your Account by editing your Profile, by logging in to the ‘Profile’ area of the Site.
12. Security of your personal data
12.1. Radiant is committed to protecting the security of your Personal Information and uses a variety of industry-standard security technologies and procedures to help protect your Personal Information from unauthorised access, use, or disclosure.
12.2. Any information which we hold for you is stored on secure servers that are protected in controlled facilities. We also require you to enter a password to access Your Account information. Please do not disclose Your Account password to unauthorised people.
12.3. Please notify us immediately if there is any unauthorised use of Your Account or any breach of security relating to Your Account.
12.4. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however, while Radiant uses reasonable efforts to protect your Personal Information, we cannot guarantee its absolute security.
12.5. In addition, our employees and contractors who provide services related to our information systems are obliged to respect the confidentiality and privacy of any Personal Information held by Radiant. However, Radiant will not be held responsible for events arising from unauthorised access of your Personal Information.
13. Requests for access to Personal Information, Complaints and Feedback
13.1. Radiant welcomes ideas and feedback about all aspects of the Site and stores feedback that users send to us.
13.2. You can request access to the Personal Information we hold about you, or request that we change and/or update the Personal Information we hold, by sending a formal request by contacting us using any of the methods detailed in the “Contact Information” paragraph below.
13.3. Upon request, we will give you access to the information held about you, unless specific limitations apply (for example, if the request is frivolous or vexatious, or providing access would be unlawful). We reserve the right to charge reasonable costs incurred in providing access to you.
13.4. We will respond to a request for access to Personal Information within a reasonable period after the request is made, and give access to the information in the manner requested by the individual, if it is reasonable and practicable to do so.
13.5. If we do not agree to provide you with access, or to amend your Personal Information as requested, you will be notified accordingly. Where appropriate we will provide you with the reason/s for our decision, and the mechanisms available to complain about the refusal. If the rejection relates to a request to change your Personal Information you may make a statement about the requested change and we will attach this to your record.
13.6. If you have any complaints about our dealings with your Personal Information including any breaches by us of any Australian Privacy Principles you are able to submit that complaint by contacting us using any of the methods detailed in the “Contact Information” paragraph below.
13.7. Any complaints received by us will be referred for prompt investigation and a written response will be provided to you within a reasonable time (usually no longer than 30 days). We may seek further information from you in order to provide you with a full and complete response.
13.8. Your complaint may also be taken to the Office of the Australian Information Commissioner. You may contact the Australian Information Commissioner by calling them on 1300 363 992, contacting them online at www.oaic.gov.au,or by writing to the Office of the Australian Information Commissioner at GPO Box 5218 Sydney NSW 2001.
14. Contact information
14.1. Radiant welcomes your comments or questions regarding this Policy
14.2. Please contact Radiant using the Contact Us page on the Site.
15.1. This Policy is subject to occasional revision from time to time. Please check our Policy on our Site regularly for any updates and amendments.
15.2. Continued use of our Site or Service, following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
16. More Information About Privacy
16.1. For more information about privacy issues in Australia and protecting your privacy, visit the Australian Information Commissioner by calling them on 1300 363 992 or contacting them online at www.oaic.gov.au