Privacy policy
Kind Enterprises Privacy Policy
Last updated 20 July 2022
Introduction
We created this Privacy Policy, because we know organisations (“Customers”) and their Learners care about how the information they provide us is collected, processed, and shared. This Privacy Policy, along with our Platform Subscription Agreement and Online Terms of Service, comprise the “Rules” that govern the Services of Kind Enterprises. Unless a different definition is given in this policy, all defined terms have the same meaning as in our Platform Subscription Agreement and Online Terms of Service.
OpenLearning Platform
Some of our Services may be provided to you through the OpenLearning Platform under a license with Open Learning Global Pty Ltd (“OLG”), which is a company based in Australia. We and OLG may also store data, including Personally Identifiable Information collected through the Services, in a cloud environment with servers in Australia.
Personally Identifiable Information and De-Identified Data
We may collect, use, and share Personally Identifiable Data and De-Identified Data, as described in this Privacy Policy. “Personally Identifiable Information” means Learner Data, metadata, user content, and other non-public information that could personally identify an individual. By contrast, “De-Identified Data” means user data that has all personal identifiers removed such that the data may no longer personally identify an individual, either directly or indirectly, and this usually means removing some or all of the following types of information from such records: the user’s name, job title, date of birth, demographic information or location information. We will not attempt to re-identify De-Identified Data, and we will not transfer De-Identified Data to others, unless they also agree not to re-identify.
Information We Collect.
Personally Identifiable Information
In general, we collect only the Personally Identifiable information that is necessary for us to render the Services and fulfill our contractual and legal obligations. We do not collect any Personally Identifiable Information from you unless you voluntarily provide it to us. For example, when you create an account, or login via third-party single-sign on or sign up to become a user of the Services, you may be asked to provide us with certain Personally Identifiable Information, including:
· if you are an administrator: contact information, such as your name, postal and/or work address, telephone number and email address;
· if you are a Learner: your job and your age;
· if you are an Customer: the name of your organisation, details about your office(s), including its location and number of staff, and their respective roles within your organisation;
· your username; and
· your activity and preferences within Kind Enterprises, including in relation to any specific content.
Usage Information
Like most websites, we use automatic data collection technology when you use the Services to record information that identifies your computer, to track your use, and to collect certain basic information about you and your surfing habits. This information includes information about your operating system, your IP addresses, browser type and language, referring and exit pages and URLs, keywords, date and time, amount of time spent on particular pages, what sections of a website you visit, and similar information concerning your use of the Services (the “Usage Information”).
We collect this Usage Information by using cookies and pixel tags (also called web beacons or clear gifs). Cookies are small packets of data that a website stores on your computer’s hard drive so that your computer will “remember” information about your visit. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of website users. You can reject cookies by following the directions provided in your Internet provider’s “help” file. If you reject cookies, you may still visit our website, but may not be able to use some of the Services.
We do not collect Personally Identifiable Information in this way, but if you’ve provided us with Personally Identifiable Information, we may associate that information with the information that is collected automatically. Automatic data collection may be performed on our behalf by our services providers.
In many cases, the tools used on our website record information in a way that does not identify you as an individual. In other cases, information may be Personally Identifiable Information in which case this privacy policy will apply. For example, we collect Personally Identifiable Information if you follow us through social media sites such as Facebook, Twitter or Instagram or contact us through our site or subscribe to our e-newsletter.
Our website may also use third party website tools from time to time, for example Google Analytics and online survey tools. For more about how Google collects and processes data, please see Google’s privacy policy and their information at www.google.com/policies/privacy/partners/.
How to Access and Correct Your Information
The accuracy of the Personally Identifiable Information we hold and use is important to us. We take reasonable steps to ensure that the Personally Identifiable Information we handle is accurate, complete and up to date. To help us keep your Personally Identifiable Information accurate, please let us know if there are any errors or changes in your Personally Identifiable Information. For example, you may update the information that is stored in your user account by e-mailing us at privacy@kindenterprises.co.
Upon request by Customers, we will provide:
· a description of the types of Personally Identifiable Information collected from their Learners;
· the opportunity to review Learner’s Personally Identifiable Information and/or have the information deleted;
· the opportunity for the Customer and their Learners to opt out/prevent further use or online collection of their Learner’s Personally Identifiable Information.
You may also request the correction of any of the Personally Identifiable Information we hold about you. In most cases, we can help you promptly and informally with these requests. In other cases, we may need to verify your identity and ask you to make your request in writing.
From time to time, we may need to reject your request to access or correct the Personally Identifiable Information we hold about you, if we believe it to be necessary and to the extent allowed by law. We will provide our reasons if we deny your request for access to, or correction of, your Personally Identifiable Information. Where we decide not to make a requested correction to your Personally Identifiable Information and you disagree, you may ask us to make a note of your requested correction with the information we hold about you. We will not charge you for simply making a request to access or correct Personally Identifiable Information.
How We Use Your Information.
We may use your Personally Identifiable Information and Usage Information in a manner that is consistent with this Privacy Policy and the context of our relationship with you. We may use your Personally Identifiable Information and Usage Information collected through the Services for the following purposes:
· To identify you when you sign in to your account;
· To respond to your requests and to provide you with the Services;
· To respond to your inquiries and contact you about changes to the Services;
· To send you notices (for example, in the form of e-mails, mailings, and the like) regarding products or services you are receiving;
· To send you information we think you may find useful or that you have requested from us;
· To enhance and improve the Service, such as through personalized features and content;
· To analyze the use of the Service and the people visiting to improve our content and the Service;
· To investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our policies, or as otherwise required by law;
· Data analysis and reporting;
· To enable us to communicate with Customers to give them relevant updates about the Kind Enterprises platform;
· To enable Customers to communicate with various third parties, where they have opted-in on Kind Enterprises to do so (which may include offers for products and services);
· For any other purposes disclosed at the time the information is collected or to which you consent; and
· As otherwise specifically described in this Privacy Policy.
Other Limits on Our Use of Personally Identifiable Information
We do not disclose your Personally Identifiable Information to third parties for their direct marketing purposes, and we will not use any Personally Identifiable information to advertise or market to Learners. For example, data mining or scanning user content for the purpose of advertising or marketing to Learners is prohibited. However, we may use De-Identified Data, including anonymized usage information, to advertise or market to Customers and other potential customers but we will never market to Learners. We will not mine Personally Identifiable Information for any purposes other than those agreed to by Customers.
Sharing Information With Third Parties.
We do not disclose your Personally Identifiable Information to third parties for their direct marketing purposes.
Like many businesses, we sometimes hire other companies to perform certain business-related functions. Examples include mailing information, maintaining databases, hosting services, and processing payments. When we employ another company to perform a function of this nature, we provide them with the information that they need to perform their specific function, which may include Personally Identifiable Information.
As we continue to develop our business, we may sell or buy companies, subsidiaries, or business units. In such transactions, customer information generally is one of the transferred business assets. If we or all or substantially all of our assets are acquired, we expect that the information that we have collected, including Personally Identifiable Information, would be transferred along with our other business assets.
We may disclose your Personally Identifiable Information and Usage Information to government authorities and to other third parties when compelled to do so by government authorities, at our discretion, or otherwise as required by law, including but not limited to in response to court orders and subpoenas. We may also disclose your Personally Identifiable Information and Usage Information when we have reason to believe that someone is or may be causing injury to or interference with our rights or property, other users of the Services, or anyone else that could be harmed by such activities.
We may disclose your Personally Identifiable Information to various third parties for any of the purposes identified above. We may also make your Personally Identifiable Information available to various third parties where you have opted-in to do so.
For example, the types of third parties with whom we may exchange Personally Identifiable Information include:
· our service providers, including providers of campaign, promotion, accounting, auditing, legal, banking, payment, delivery, data processing, data analysis, document management, research, investigation, insurance, training and technology services;
· various third party suppliers and partners to Kind Enterprises, which provide services and support for our Kind Enterprises programs and operations;
· your organisation and representatives; and
· law enforcement agencies and other organisations where required or permitted by law.
Upon request by the Customer, we may provide such Customer with a copy of your Personally Identifiable Information. Upon request by a Customer, we will provide the names of our subcontractors and other third parties who receive Personally Identifiable information. All such service providers and our successors in interest will be subject to this Privacy Policy, as amended from time to time.
How We Protect Your Information.
We use commercially reasonable efforts to store and process Personally Identifiable information in accordance with industry best practices. This includes appropriate administrative, physical, and technical safeguards to secure Personally Identifiable information from unauthorized access, disclosure, and use. We may also store Personally Identifiable Information in both physical and electronic form, sometimes with the assistance of third parties such as data hosting providers. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that the information you supply will not be intercepted while being transmitted to and from us over the Internet.
We will destroy, and cause our subcontractors and other service providers to destroy, all your Personally Identifiable Information upon request by the Customer or when the Personally Identifiable Information is no longer needed for its intended purpose.
Your Choices.
If you wish to stop receiving promotional e-mails, you may do so by e-mailing privacy@kindenterprises.co. You may also choose to unsubscribe from our emails by following the instructions in the bottom of the email.
Links.
The Services may contain content, services, advertising and other materials that link to websites operated by third parties. We have no control over those other sites, and this Privacy Policy does not apply to them. Please refer to the privacy policies of those sites for more information on how the operators of those sites collect and use your Personally Identifiable Information.
Do Not Track.
We do not monitor, recognize, or honor any opt-out or do not track mechanisms, including general web browser “Do Not Track” settings and/or signals.
Changes to This Privacy Policy.
This Privacy Policy is effective as of the date stated at the top of this Privacy Policy. We will not change how we collect, use, or share Personally Identifiable Information without advance notice. Subject to the foregoing, we may otherwise change this Privacy Policy from time to time and will post any changes at this website as soon as they go into effect, and by accessing or using the Services after we make any such changes to this Privacy Policy, you are deemed to have accepted such changes. Please refer back to this Privacy Policy on a regular basis.
Contact Us.
You may contact Kind Enterprises as follows:
Contact: Privacy Officer, Kind Enterprises
Email: privacy@kindenterprises.co
For Residents of Australia
To comply with the requirements of the Australia Privacy Act for our Australian users, this section details your right to make a privacy complaint under the Act. You can contact our Privacy Officer using the contact details above if you have any concerns about how we have handled your Personally Identifiable Information. We will respond to let you know who will be handling your matter and when you can expect a further response. We may request additional details from you regarding your concern, and we may need to engage or consult with other parties to investigate and deal with your issue. We will keep records of your request and any resolution. If you are not satisfied with the manner in which we have dealt with your complaint, you may contact the Office of the Australian Information Commissioner.