Privacy Policy

Therapy is Brown (“TIB”, “we”, “us” or “our”) respects your privacy and is committed to protecting your Personal Data.

This Privacy Policy explains how we collect, use, disclose, store and otherwise process Personal Data when you access or use our websites, applications and other digital interfaces, including www.therapyisbrown.com (collectively, the “Platform”), and when you access or receive services through the Platform (the “Services”).

The Services, Provider titles and terminology used to describe the Services may vary depending on your location and applicable legal, regulatory and professional requirements.

This Privacy Policy is intended to apply globally. Certain provisions, rights and obligations may vary depending on the jurisdiction in which you are located. Where mandatory Data Protection Laws applicable to you provide additional rights or protections, those rights and protections will apply.

1. WHO WE ARE

The Platform is operated by Pinnacle Partners Consultancy - FZCO under the name Therapy is Brown (“TIB”).

Contact Email: [email protected]

For the purposes of this Privacy Policy and applicable Data Protection Laws, Pinnacle Partners Consultancy - FZCO (trading as TIB) is the data controller responsible for the processing of Personal Data described in this Policy, except where another person or entity is independently responsible for processing your Personal Data.

Providers who provide Services through the Platform may have their own professional, legal and regulatory obligations concerning information received from or about you. Depending on the circumstances and applicable law, a Provider may process certain information independently of TIB and may be separately responsible for that processing.

2. WHAT IS PERSONAL DATA?

“Personal Data” means information relating to an identified or identifiable individual, or any equivalent term used under applicable Data Protection Laws.

Depending on how you use the Platform and Services, Personal Data may include information that is considered sensitive, special category, health or otherwise specially protected information under applicable law.

3. PERSONAL DATA WE COLLECT

The Personal Data we collect depends on how you interact with the Platform and Services.

3.1 Information you provide to us

We may collect Personal Data that you provide directly to us, including:

• name and contact details;
• email address, telephone number and other contact information;
• account login information and authentication details;
• date of birth or age where required;
• location or information about the jurisdiction in which you are located;
• information relating to your preferences and use of the Platform;
• information provided when you contact us or request customer support;
• payment and transaction information;
• information you provide when completing forms, assessments, questionnaires or onboarding processes;
• information provided in connection with appointments, bookings or use of Services; and
• other information you choose to provide to us.

3.2 Information relating to Services

When you complete the matching questionnaire or consultation, we collect the information you choose to share about your preferences, goals and needs so that we can match you with a suitable Provider. We also hold booking and appointment information about the Services you receive.

This may include information about your wellbeing or mental health. The Platform does not create or store session notes or other records of what is discussed in your sessions. Any such records are kept by your Provider, outside the Platform, under their own professional obligations.

Certain information may constitute health information, sensitive information or special category data under applicable Data Protection Laws.

We will only collect, use or otherwise process such information where permitted or required by applicable law and, where required, on the basis of any consent or other lawful condition required by applicable law.

3.3 Information collected automatically

When you access or use the Platform, we may automatically collect certain technical and usage information, including:

• IP address;
• browser and device information;
• operating system;
• approximate location information;
• device identifiers;
• dates and times of access;
• pages, features or functionality accessed;
• referring and exit pages;
• information concerning interactions with the Platform; and
• information relating to errors, performance and security.

We may collect this information through cookies, pixels, SDKs, logs and similar technologies.

3.4 Location information

We may collect or use location information to determine or verify the jurisdiction in which you are located.

This may be necessary because the Services and Providers available to you may depend on your location and the professional, licensing, regulatory and legal requirements applicable to the Services.

You are responsible for providing accurate information regarding your location and notifying us and your Provider if your location changes.

4. HOW WE USE PERSONAL DATA

We may use Personal Data for the following purposes:

4.1 Providing and administering the Platform and Services

We may use Personal Data to:

• create and manage your account;
• facilitate your access to the Platform;
• connect you with Providers;
• facilitate appointments and communications;
• provide, administer and support Services;
• process payments and transactions;
• communicate with you about your account or Services;
• respond to enquiries and requests; and
• provide customer and technical support.

4.2 Location and regulatory requirements

We may use Personal Data, including location information, to:

• determine which Services and Providers may be made available to you;
• verify eligibility for particular Services;
• support Provider licensing and regulatory requirements;
• comply with applicable professional requirements; and
• comply with legal and regulatory obligations applicable to TIB, Providers or the Services.

4.3 Safety and safeguarding

We may use Personal Data where reasonably necessary to protect the safety, health or wellbeing of users, Providers or other persons, including where disclosure or other processing is required or permitted by applicable law or professional obligations.

4.4 Platform security and fraud prevention

We may process Personal Data to:

• protect the security and integrity of the Platform;
• detect, investigate and prevent fraud, abuse, unauthorised access and other unlawful activity;
• authenticate users;
• maintain system security; and
• investigate incidents and enforce our Terms and Conditions.

4.5 Improving our Platform and Services

We may use information to understand how the Platform is used, troubleshoot problems, conduct analytics, improve functionality and develop our products and Services.

Where required by Data Protection Laws, we will use appropriate safeguards or obtain consent before using sensitive or specially protected information for these purposes.

4.6 Communications and marketing

Where permitted by applicable law, we may use your contact information to send you service-related communications.

We may also send marketing communications where permitted by applicable law and, where required, with your consent.

You may unsubscribe from marketing communications at any time by using the relevant unsubscribe mechanism or by contacting us.

4.7 Legal and regulatory purposes

We may process Personal Data where necessary to:

• comply with applicable laws, regulations and legal obligations;
• respond to lawful requests from authorities;
• establish, exercise or defend legal claims;
• enforce our agreements; and
• protect our rights, property and legitimate interests and those of our users and other persons.

5. OUR LEGAL BASES FOR PROCESSING

Where Data Protection Laws require us to identify a legal basis for processing Personal Data, the applicable legal basis may include:

• performance of a contract or taking steps at your request before entering into a contract;
• compliance with a legal or regulatory obligation;
• your consent;
• protection of vital interests;
• our legitimate interests, where permitted by applicable law; and
• other lawful grounds recognised under applicable Data Protection Laws.

Where we rely on consent, you may withdraw your consent at any time where permitted by applicable law. Withdrawal of consent does not affect the lawfulness of processing carried out before withdrawal.

Where we process health information, sensitive information or special category data, we will also rely on any additional condition required by applicable Data Protection Laws.

6. HOW WE SHARE PERSONAL DATA

We may disclose Personal Data to the following categories of recipients, as necessary and permitted by applicable law:

6.1 Providers

We may share information with Providers where necessary to facilitate or provide Services, support professional care, communicate with you, administer appointments or otherwise provide the Services.

Providers are independent service providers and may have separate legal, professional and regulatory obligations concerning information they receive.

6.2 Service providers

We may share Personal Data with third-party service providers who provide services to us, including providers supporting:

• hosting and cloud infrastructure;
• software and Platform operations;
• payment processing;
• communications;
• appointment scheduling;
• customer support;
• analytics;
• security and fraud prevention;
• identity or location verification;
• email and messaging;
• data storage; and
• other business operations.

These service providers may only process Personal Data as permitted by applicable law and, where applicable, pursuant to contractual requirements imposed by TIB.

6.3 Professional advisers

We may disclose Personal Data to professional advisers, including legal, accounting, audit, insurance and other advisers, where reasonably necessary.

6.4 Legal and regulatory disclosures

We may disclose Personal Data where required or permitted by applicable law, regulation, court order, governmental authority or professional obligation.

6.5 Corporate transactions

We may disclose Personal Data in connection with an actual or proposed merger, acquisition, financing, restructuring, sale of assets, corporate reorganisation or similar transaction, subject to applicable Data Protection Laws.

6.6 With your direction or consent

We may disclose Personal Data where you request or direct us to do so or where you have otherwise provided consent, where consent is required.

7. INTERNATIONAL DATA TRANSFERS

TIB and its service providers, Providers and other recipients may be located in countries other than the country in which you are located.

Accordingly, your Personal Data may be transferred to, stored in or accessed from countries that may have different data protection laws from those in your jurisdiction.

Where Data Protection Laws impose requirements on international transfers, we will take appropriate steps to comply with those requirements, which may include contractual safeguards, adequacy mechanisms, approved transfer mechanisms, consent or other lawful transfer mechanisms.

8. DATA RETENTION

We retain Personal Data only for as long as reasonably necessary for the purposes described in this Privacy Policy, including to:

• provide and administer the Platform and Services;
• maintain business and transaction records;
• comply with legal, regulatory, professional and accounting requirements;
• resolve disputes;
• establish, exercise or defend legal claims;
• prevent fraud and abuse; and
• enforce our agreements.

The applicable retention period will depend on the nature of the information, the purpose for which it was collected, our legal and regulatory obligations and applicable professional requirements.

Where Personal Data is no longer required, we will delete, anonymise or otherwise securely dispose of it in accordance with applicable law.

9. COOKIES AND SIMILAR TECHNOLOGIES

We may use cookies and similar technologies to operate, secure and improve the Platform and to understand how users interact with it.

These technologies may be used for purposes including:

• essential Platform functionality;
• authentication and account management;
• security;
• preferences;
• analytics and performance; and
• marketing or advertising, where applicable.

Where applicable law requires consent for non-essential cookies or similar technologies, we will provide an appropriate consent mechanism.

You may also be able to control cookies through your browser or device settings.

Where required, additional information about cookies and similar technologies will be provided through a separate Cookie Notice or cookie settings tool.

10. DATA SECURITY

We take reasonable and appropriate technical and organisational measures designed to protect Personal Data against unauthorised access, loss, misuse, alteration, disclosure or destruction.

The security measures used may include access controls, authentication measures, encryption, monitoring, security procedures and other safeguards appropriate to the nature and sensitivity of the information.

However, no electronic transmission or storage system can be guaranteed to be completely secure.

11. YOUR PRIVACY RIGHTS

Depending on your location and applicable Data Protection Laws, you may have rights in relation to your Personal Data, including the right to:

• access or obtain a copy of your Personal Data;
• request correction or rectification of inaccurate or incomplete Personal Data;
• request deletion or erasure of Personal Data;
• request restriction of processing;
• object to certain processing;
• withdraw consent where processing is based on consent;
• request portability of certain Personal Data;
• opt out of certain marketing communications;
• object to certain automated decision-making or profiling, where applicable; and
• exercise other rights provided by applicable law.

Certain rights are subject to exceptions and limitations under applicable Data Protection Laws.

For example, we may be permitted or required to retain certain information to comply with legal or professional obligations or to establish, exercise or defend legal claims.

12. JURISDICTION-SPECIFIC PRIVACY RIGHTS

Certain jurisdictions provide additional privacy rights or impose additional obligations on organisations.

12.1 European Economic Area and United Kingdom

Where applicable, individuals may have rights under applicable European or UK Data Protection Laws, including rights of access, rectification, erasure, restriction, objection and data portability, subject to applicable exceptions.

Where required, information concerning our legal basis for processing, international transfers, retention periods and applicable representatives or supervisory authorities will be provided in accordance with applicable law.

12.2 Australia

Where Australian privacy law applies, Personal Data will be handled in accordance with applicable Australian Privacy Principles and other applicable requirements.

Australian individuals may have rights and protections provided by applicable Australian privacy law, including rights relating to access to and correction of personal information and rights concerning complaints.

12.3 Canada

Where Canadian privacy law applies, we will process Personal Data in accordance with applicable federal and provincial privacy requirements.

Where required, we will obtain meaningful consent for the collection, use or disclosure of Personal Data and provide individuals with information necessary to understand the nature, purpose and consequences of such processing.

12.4 United States

Privacy rights available to users in the United States vary by state.

Where applicable, state privacy laws may provide additional rights relating to access, correction, deletion, portability, opting out of certain forms of processing, targeted advertising, sale or sharing of Personal Data, profiling and other processing activities.

Additional state-specific notices may be provided where required.

12.5 California

Where applicable California privacy law applies, California residents may have additional rights concerning their Personal Information, including rights to know, delete, correct, opt out of certain sale or sharing activities, limit certain uses of sensitive personal information where applicable, and receive equal treatment for exercising applicable privacy rights.

Where required, a California-specific notice or additional disclosures will be provided.

13. HOW TO EXERCISE YOUR RIGHTS

To exercise a privacy right or make a privacy-related request, contact us at:

Privacy Contact: [email protected]

We may need to verify your identity before responding to a request.

We will respond to requests within the time period required by applicable Data Protection Laws.

If you are dissatisfied with our response, you may have the right to lodge a complaint with the relevant privacy or data protection regulator in your jurisdiction.

14. CHILDREN

The Platform and Services are intended for users who meet the applicable minimum age requirements for the Services in their jurisdiction.

We do not knowingly collect Personal Data from children in circumstances where such collection is prohibited by applicable law.

Where Services are made available to a minor, we may apply additional consent, verification, safeguarding or other requirements in accordance with Applicable Laws and professional requirements.

15. THIRD-PARTY WEBSITES AND SERVICES

The Platform may contain links to websites, applications or services operated by third parties.

This Privacy Policy does not apply to the privacy practices of third parties that operate those services.

You should review the privacy policies of third-party services before providing Personal Data to them.

16. PROVIDER RECORDS AND PROFESSIONAL CONFIDENTIALITY

Information provided directly to a Provider in connection with the Services may be subject to professional confidentiality, record-keeping and other obligations applicable to that Provider.

The circumstances in which a Provider may access, use or disclose information may therefore be governed by applicable professional standards and laws in addition to this Privacy Policy.

Nothing in this Privacy Policy is intended to override any mandatory professional, legal or regulatory obligation applicable to a Provider.

17. CHANGES TO THIS PRIVACY POLICY

We may update this Privacy Policy from time to time to reflect changes to the Platform, Services, our data processing practices, technology, legal requirements or regulatory requirements.

Where required by applicable law, we will provide notice of material changes and obtain any consent required before implementing the relevant changes.

The updated Privacy Policy will be posted on the Platform with its revised “Last Updated” date.

18. CONTACT US

If you have any questions, concerns or complaints about this Privacy Policy or our handling of Personal Data, please contact:

Pinnacle Partners Consultancy - FZCO (trading as Therapy is Brown)

Privacy Email: [email protected]