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.
The following terms used in this document have the meanings assigned to them below:-
· “Personal Information” has the same meaning as in the Privacy Act 1988 (Cth)
· “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
4. Scope and Nature of Policy
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.
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
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.
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.
By doing business with us and our affiliates, you are consenting to the use and disclosure of Personal Information about you.
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 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
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