Privacy Policy
1. Introduction
We recognise that you want to understand how Personal Information about you is being utilised. We also recognise that you want to be able to make knowledgeable choices about whether to limit the manner in which Personal Information about you is used. This document is our current policy on these matters. We recommend that you read the entire policy carefully.
By registering as a member or participant in the MYbrainwave Pty Ltd learning system you agree to accept the content of our Privacy Policy.
2. Definitions
The following terms used in this document have the meanings assigned to them below:-
· “National Privacy Policy” has the same meaning as in the Privacy Act 1988 (Cth)
· “Personal Information” has the same meaning as in the Privacy Act 1988 (Cth)
· “Privacy Policy” means this privacy policy;
· “Sensitive Information” has the same meaning as in the Privacy Act 1988 (Cth)
· “Services” has the same meaning as in the Terms and Conditions
· “Terms and Conditions” means the terms and conditions for this Website, which can be accessed on the Website;
· “Training” has the same meaning as in the Terms and Conditions;
· “Training Partner” means a person or entity who has entered into a Training Partnership with you;
· “Training Partnership” has the meaning given in the “What is a Training Partnership?” section of the Website.
· “Website” means www.MYbrainwave.com.au;
3. Who We Are
As used in this Privacy Policy, the terms “we” and “us” (or any similar term) mean MYbrainwave Pty Ltd and their associates as that term is defined in the Corporations Act 2001 (Cth).
4. Scope and Nature of Policy
This Privacy Policy covers Personal Information collected from and about you — individuals who are customers and prospective customers of our businesses.
This Privacy Policy includes examples of the types of information we may collect and the kinds of companies to which we may disclose information. These examples are illustrative and should not be considered a complete inventory of our information collection or sharing practices. Accordingly, the words “include” and “including” mean inclusion without limitation.
As used in this Privacy Policy, the words “company” and “companies” mean any corporation(s), limited liability company or companies, partnership(s) or other similar entity or entities
5. Collection of Data
In the ordinary course of our business, we gather Personal Information about you, including:
Information you provide, such as your name, address(es), employer(s), employee identification number(s), telephone number(s), fax number(s), e-mail address(es), credit card information; Information about your transactions with us, our affiliates or others, including without limitation, details of the Training undertaken, or being undertaken by you, your results and records, training plans, personnel records and any relevant certificates or statements of attainment; and Information we receive from consumer reporting agencies, such as your creditworthiness and credit history.
We gather Personal Information about you from a variety of sources, including websites we operate, websites operated by others, telephone calls to our staff, enrolment forms, other agreements with us. We may also gather Personal Information about you from other companies with which we maintain business relationships.
We may also collect Sensitive Information about you. By agreeing to this Privacy Policy, you consent to us collecting this information for the purposes of the Privacy Act 1988 (Cth) and the National Privacy Principles.
6. Purpose for which Information is collected and used
We collect Personal Information for a variety of reasons, including (without limitation) to:
· provide Training and Services to you;
· enable other Providers to provide Training and Services to you;
· store Training and personnel records for use by Providers, you or your employers;
· otherwise facilitate personal development, training, and performance monitoring through the Website
7. Consequences of not providing Information
If you do not provide the Personal Information in order for us to provide the services requested by us then you may be denied access to our courses or services, you may also be denied access to certain parts or features of the Website. This could limit your ability to receive Training or Services, or to access Information through the Website. It may also limit your ability to use other features of the Website which a third party, such as your employer may offer.
8. Use of “Cookies” and Other Tracking Technologies
We, our affiliates, and our agents may use cookies to track customers and potential customers who visit our websites or receive our html-formatted commercial electronic mail messages (“html e-mail”), and to facilitate their use of services offered on our websites or in connection with html e-mail. Any cookie that we use will not retrieve data other than that data required for undertaking our training and induction courses from your computer’s hard drive or pass on computer viruses.
9. Third Party Websites
Our websites and html e-mail may contain links to third party websites, which may or may not be operated in conjunction with our websites. We do not monitor or control the information collected when you choose to “click through” links to these websites. The treatment of user data by the operators of third party websites may be different from ours. For details regarding their treatment of Personal Information about you, you will need to read their privacy policies or contact them.
10. Retention of Data
We generally retain Personal Information about you as long as we believe it will be useful to us, or as long as the law requires.
We do not control how long third parties retain information which they have obtained from you or us, or otherwise through the Website. However, we require all parties to whom we disclose information in accordance with this Privacy Policy to comply with its requirements.
11. Data Security
We maintain reasonable physical, electronic, and procedural safeguards to protect Personal Information about you from loss, misuse and unauthorized access, disclosure, alteration and destruction. As part of those precautions, we seek to protect Personal Information about you through technologies designed to safeguard the data during its transmission. We restrict access to Personal Information about you to those employees we determine need to know that information for us and our licensees to provide services to you. We also have adopted a policy under which employee misuse of Personal Information about you is treated as a serious offense for which disciplinary action may be taken. You should, however, be aware that there is no method of transmitting or storing data that is completely secure. Although their physical characteristics are different, postal mail, telephone calls, faxes and transmissions over the Internet all present possibilities of loss, misrouting, interception and misuse of the data being transmitted.
When we decide what data to seek from or communicate to you, or how to seek or communicate it, we try to strike a reasonable balance between the security of your data and your convenience. We do this because we believe our customers attach value to both. As a result, we sometimes use a method of communication that is less secure than some of its less convenient alternatives. An important example of this occurs in the case of e-mail. When we send e-mail to you, we send it in an unencrypted form. We do this because we believe that many of our customers do not currently have the capability to receive encrypted e-mail. As a consequence, though, if our unencrypted e-mail intended for you were misrouted or intercepted, it could be read more easily than encrypted e-mail. Because e-mail to and from us is not encrypted, please do not include any information you regard as confidential, in any e-mail you send us.
If you have reason to believe that any account with us is no longer secure, you must immediately notify us of the problem.
12. Parties to Which We Disclose Data
We may disclose all of the Personal Information about you, in the manner described below, to third parties.
We may use Personal Information about you for a variety of purposes. We may use affiliates in our corporate family and non-affiliated parties to perform services for us. We also may disclose information in response to requests from law enforcement and government agencies.
Whenever we disclose Personal Information about you to a third party, the third party’s privacy policy, and not ours, will apply to such third party’s subsequent retention and use (including disclosure) of the data.
By doing business with us and our affiliates, you are consenting to the use and disclosure of Personal Information about you.
As we develop our businesses, we may acquire or sell assets, including ownership interests in companies, and companies may acquire financial interests in us. In those transactions, Personal Information about you may be among the transferred business assets. We may disclose Personal Information about you to any company in connection with a proposed or actual sale, merger, transfer, or exchange of all or a portion of a business or operating unit if you do business or have done business with that business or operating unit, but only if that company agrees to use the data prior to any acquisition solely for the purpose of making its acquisition decision and to observe the relevant provisions of our Privacy Policy with respect to the data. In the event that Personal Information about you is transferred to a company acquiring assets from us, we will require that company to agree to observe the relevant provisions of our Privacy Policy with respect to Personal Information about you.
We may disclose Personal Information about you to any individual or company that we retain to assist us in the conduct of our business, including an individual or company that performs marketing services on our behalf, but only if that individual or company agrees to use the Personal Information about you solely for the purposes of performing the tasks on behalf of, and under the instruction of, us and to observe the relevant provisions of our Privacy Policy with respect to the data.
We may obtain Personal Information about you from our affiliates and from other companies with which we have business relationships, including our business partners. Such information may be merged with or used to enhance Personal Information that we have collected previously, as permitted by applicable law and our Privacy Policy.
We may share Personal Information about you among ourselves and disclose such data to our affiliates to enable us to perform the functions described above. In the event that Personal Information about you is shared among ourselves or disclosed to our affiliates, the party with which we share or to which we disclose such data will be required to agree to observe the relevant provisions of our Privacy Policy with respect to Personal Information about you (including any choices you may have made under our Privacy Policy to limit the use of your data).
We may aggregate and analyse all of the Personal Information about you to enable us to develop targeted marketing programs and service offerings that we believe are tailored to the needs of particular groups of customers. We may then use the Personal Information about you to contact you regarding programs and services (both our own programs and services and third party programs and services) we believe might be of interest to you.
We may share all of the Personal Information about you among ourselves and disclose such data to our affiliates and licensees for marketing purposes, provided the affiliates to which we disclose the data agree to observe the relevant provisions of our Privacy Policy with respect to the data being disclosed (including any choices you have made under our Privacy Policy to limit the use of your data).
We may also disclose all of the Personal Information about you to companies that are not our affiliates for their marketing purposes. When we disclose Personal Information about you to companies that are not our affiliates for their marketing purposes, we do not require those companies to observe any particular policies with respect to their use or disclosure of the data. They may treat privacy issues very differently from the way we do.
If you have been registered by your employer for training, you understand and acknowledge that your results and information regarding participation and status may be accessed by your employer (or their nominated representative in addition to yourself).
Should you engage as part of MYbrainwave recruitment program information regarding your training and details regarding your skills and qualifications and all such provided information may be shared with potential employers as part of the recruitment matching and then linking process.
13. Information Regarding Former Customers
We disclose Personal Information about former customers or customers with inactive accounts only in accordance with our Privacy Policy.
14. How to Access or Correct Data
We make reasonable efforts to ensure that the Personal Information we have about you is as accurate, current and complete as necessary for the purposes for which we use that data.
You have a reasonable right to access and review Personal Information about you collected by us. You may correct factual errors in that data by sending a request to us that credibly shows the error. You should contact our main office for information about how to exercise these rights.
15. Future Changes in Policy
We reserve the right to change our Privacy Policy in the future. Subject to applicable laws, any changes to our Privacy Policy will be effective upon posting of the revised Privacy Policy on the Internet, accessible from a link appearing on our website.
If we change our Privacy Policy in a way that is less protective of your privacy, then the change will not apply to our use of any Personal Information about you that was collected by us before the change was made, unless we notify you and provide you with the opportunity to direct us not to make new uses of Personal Information about you.
16. National Privacy Policy
We are not bound by, however endeavour to conduct our business in a way which complies with, the National Privacy Policy.
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