PRIVACY POLICY

Giarne Ashby is committed to protecting your privacy and handling personal information in a respectful, transparent, and lawful manner.

This Privacy Policy explains how personal information is collected, used, stored, and disclosed when you access this website, purchase products or services, or engage with offerings provided through this site. t is written to meet the standard of the Australian Privacy Principles (APPs) under the Privacy Act 1988 (Cth).

This website is operated by Giarne Ashby under the ABN C J Ashby & G Ashby (58 717 339 450). This ABN also operates Ashby Therapy Services (ashbytherapyservices.com.au), a separate Occupational Therapy practice with its own Privacy Policy governing clinical services. This policy governs coaching, education, community, and general services offered through the Giarne Ashby brand.

1. PERSONAL INFORMATION WE COLLECT
We may collect personal information including:

  • Name, email address and contact details

  • Billing and payment details, processed via secure third-party providers

  • Contact form submissions and enquiries

  • Purchase and participation history

  •  Information voluntarily shared in coaching, program or community contexts

  • Your responses and resulting reports, where you complete a Neuro-Profile or similar tool

  • Voice, image and conversational content, where a session or call is recorded (see section 9)

Some of the information above may be considered sensitive information under the Privacy Act, including health-related information you choose to share in coaching, program, or community contexts.

We only collect sensitive information where you have consented to provide it and it is reasonably necessary for the service you’re engaging with.

You are never required to share sensitive or health-related information beyond what is necessary for the specific service you’ve chosen to use. Any information shared is treated with care.

2. HOW INFORMATION IS COLLECTED
Personal information may be collected when you:

  • Subscribe to email updates or mailing lists

  •  Complete enquiry or contact forms

  • Purchase digital or physical products

  • Register for programs, workshops, coaching or community memberships

  • Complete a Neuro-Profile or similar tool Voice

  • Communicate via email, messaging platforms, or online spaces

  • Participate in recorded sessions or calls

3. HOW PERSONAL INFORMATION IS USED
Your personal information may be used to:

  • Deliver products, services, programs, and content

  • Communicate about services, updates, or relevant offerings

  • Respond to enquiries and provide customer support

  • Manage participation and administration

  • Generate your Neuro-Profile results and report, including with the assistance of AI tools (see section 8)

  • Meet legal, regulatory, accounting, and record keeping obligations

4. DISCLOSURE OF PERSONAL INFORMATION
Personal information may be disclosed to:

  • Payment processors such as Stripe or PayPal

  • Email marketing and communication platforms

  • Skool and associated community infrastructure providers, e.g. Leverage Lab or Skoot (a third party-platform we used not owned or operated by us)

  • Website hosting, analytics, and technology providers

  • Recording and hosting platforms, including Loom

  • Professional advisers including accounting or legal support

  • AI tools used in content drafting or Neuro-Profile report generation (see Section 8)

  • Regulatory authorities where required by law

Personal information is not sold or rented to third parties.

5. OVERSEAS DISCLOSURE AND STORAGE
Some of the third-party providers listed in Section 4 - including Loom, AI tools, Skool and Google workspace - store and process data outside of Australia, including in the United States. Where your personal information is transferred and processed overseas, we take reasonable steps to ensure it is handled consistently with the Australian Privacy Principles, but data handled overseas may be subject to laws of that country rather than Australian Law.

By using this website, participating in a program or providing information for a service, you acknowledge that your information may be transferred and stored overseas as described in this section.

6. STORAGE AND SECURITY

Reasonable steps are taken to protect personal information from misuse, loss, unauthorised access, or disclosure.

While safeguards are in place, no electronic storage or transmission method is completely secure, and absolute security cannot be guaranteed.

7. DATA RETENTION

We retain personal information only for as long as necessary for the purpose it was collected, or as required by law. As a general guide:

  • Contact and marketing information is retained until you unsubscribe or request deletion.

  • Purchase and transactional records are retained for the period required for accounting and tax purposes.

  • Neuro-Profile responses and reports are retained for 7 years from the date of your last contact with us in line with applicable privacy and professional record-keeping obligations

  • Sessions and call recordings are retained as set out in Section 9

8. AI-ASSISTED CONTENT AND TOOLS

Some content on this website, including educational materials, quizzes, program resources, and communications, may be drafted or refined with the assistance of AI tools. AI-assisted content is reviewed prior to publication or delivery.

AI tools are not used to make automated clinical or therapeutic decisions, as this is outside the scope of this website and related offers.

Information you provide as part of a Neuro-Profile, program, or communication may be processed using third-party AI tools or platforms as part of delivering that service. Where this occurs, your name and other identifying details are not included in what is sent to the AI tool — only your responses are processed. Identifiable information is kept separately in our own secure storage. The output is reviewed by human oversight before being provided to you.

9. RECORDING AND LOOM - GROUP SESSIONS, WORKSHOPS AND 1:1’S

Some group calls, workshops (including sessions within the Neurodivergent Entrepreneurs Skool community, transitioning to The Neurodivergent), and 1:1 sessions may be recorded using Loom, a third-party recording and hosting platform.

Recordings are made for record-keeping, to allow participants to revisit session content, and to share group session content with members who were not able to attend live.

By joining a recorded group call, you consent to being recorded and to that recording being shared with other members of the relevant community or program. If you do not wish to be recorded, let us know before the session begins, and we will make reasonable efforts to accommodate this, including pausing or turning off recording, or editing you out of camera/audio where practical.

For 1:1 sessions, you will be told in advance if the session will be recorded, and you may request that the session not be recorded, or that recording stop at any point during the session.

Recordings are stored using Loom’s hosting infrastructure, which may store and process data outside Australia. By consenting to be recorded, you acknowledge that your voice, image, and any information you share during a recorded session may be transferred and stored overseas as a result.

Recordings are retained for a minimum of 12 months from the date of the session, after which they may be deleted, except where we are required to retain them for longer to meet a legal obligation.

Recordings relating to a Neuro-Profile are retained for 7 years from the date of your last contact with us, in line with applicable privacy and professional record-keeping obligations.

Recordings will not be published outside the relevant community or program, or shared with anyone who was not a participant in the original conversation, without the consent of those recorded.

6. ACCESS, CORRECTION AND ERASURE

You may request access to, or correction of, your personal information by contacting the email address listed on this website.

You may also request that we delete your personal information. We will action this request except where we are required to retain the information to meet a legal, professional, or regulatory obligation — for example, Neuro-Profile records subject to the retention period described in Section 7. Where this applies, we will tell you why we are unable to fully action a deletion request.

Requests will be responded to within a reasonable timeframe.

11. DATA BREACH NOTIFICATION

In the event of a data breach that is likely to result in serious harm, we will assess, contain, and respond in accordance with our obligations under the Notifiable Data Breaches scheme, and will notify affected individuals and the OAIC where required.

12. COMPLAINTS

If you have a complaint about how your personal information has been handled, contact us at the email address listed on this website. We will respond within a reasonable timeframe.

If you are not satisfied with our response, you may lodge a complaint with the Office of the Australian Information Commissioner (OAIC) at oaic.gov.au.

13. COOKIES AND TRACKING TECHNOLOGIES
This website may use cookies and similar technologies, including Google Analytics and Meta (Facebook/Instagram) advertising tools, to improve functionality and understand how visitors use this website.

Google Analytics is used to understand website traffic and usage patterns. Meta advertising tools are used to show relevant advertising across Facebook and Instagram based on past visits to this website.

You may adjust your browser settings to manage or disable cookies if you prefer, though this may affect some website functionality.

14 EU AND UK RESIDENTS - GDPR

If you are a resident of the EU or UK, you have certain rights and protections under the EU and UK GDPR regarding the processing of your personal data.

We collect, use, and store your personal data to provide our services and information about them. We rely on the following lawful bases for processing:

• Where it is necessary to fulfil a contract with you, including delivering products, programs, or community access you’ve purchased.

• Where you have given valid consent, including for marketing communications, session recording, or Neuro-Profile participation.

• Where it furthers our legitimate interests, such as usage analytics and improving our services, provided this does not override your rights.

As an EU or UK resident, you have the right to: be informed; access your data; rectification; erasure (“right to be forgotten”); restriction of processing; data portability; object to processing; and not be subject to solely automated decision-making that produces legal or similarly significant effects. No decision affecting you is made through solely automated processing — see Section 8.

You can exercise any of these rights, or withdraw consent previously given, by contacting us at the email address listed on this website. Withdrawing consent does not affect the lawfulness of processing carried out before the withdrawal, and may affect our ability to continue providing a service to you.

Personal data collected from EU or UK residents may be transferred and stored outside the EU/UK, including in Australia and the United States, as described in Section 5. Where this occurs, we take reasonable steps to ensure the protection travels with the data.

If you believe your data has not been handled correctly, you have the right to lodge a complaint with your local EU/UK supervisory authority, in addition to the OAIC complaints pathway in Section 12.

15. CHILDREN AND MINORS

This website and its services are not directed to individuals under 18. We do not knowingly collect personal information from anyone under 18.

Where a service requires confirmation of age- including the Neuro-Profile - we verify date of birth and will not allow a person under the age of 18 to proceed.

For general website use where age has not been actively verified, if you believe a minor has provided us with personal information, contact us and we will take steps to delete it.

16. CHANGES TO THIS PRIVACY POLICY
This Privacy Policy may be updated from time to time.

The most current version will always be available on this website.

We acknowledge the traditional owners of the land on which we live and work; the Bailai, Gurang, Gooreng Gooreng, and Taribelang Bunda peoples and that this land has and always will be Aboriginal Land. We recognise give thanks, and pay our respects to the elders past, present and emerging.

We are committed to providing a safe and inclusive space for all individuals. This includes offering neuro-affirming and LGBTIQ+ safe spaces. You are welcome here.