Privacy policy

INTRODUCTION

Australian Law Tutor is Australia's premier law school hub. We provide flexible online tutoring, last minute help with assignments, and exam preparation. Australian Law Tutor’s data and records are a corporate asset, vital both for operations and also in providing valuable evidence for business decisions, activities and transactions. Australian Law Tutor is committed to creating and keeping accurate and reliable data and records to meet this obligation. In addition, Australian Law Tutor is committed to the principles and practices set out in legislation and industry best-practice standards. Australian Law Tutor will implement fit-for-purpose data and records management practices and systems to ensure the creation, maintenance and protection of reliable data and records.All information and records management practices are to be in accordance with this policy and its supporting procedures.

More information is available on the Australian Law Tutor website.

Who should read this?

You should read this privacy policy if you are:

a student;
a parent or guardian;
a tutor;
a participant in a programme or service delivered by us;
a contractor, consultant, or supplier of goods or services to us;
a current or past employee;
a person seeking employment with us;
any other individual whose personal information we may collect or hold from time to time.

Purpose of this policy

The purpose of this privacy policy is to:

describe the types of personal information that we collect, hold, use and disclose;
outline our personal information handling systems and practices;
enhance the transparency of our management of personal information;
explain our authority to collect your personal information, why it may be held by us, how it is used and how it is protected;
notify whether we are likely to disclose personal information to overseas recipients and, if possible, to whom;
provide information on how you can access your personal information, correct it if necessary and complain if you believe it has been wrongly collected or inappropriately handled.

Relevant Legislation

Freedom of Information Act 1982
Competition and Consumer Act 2010 (Commonwealth)
Privacy Act 1988
Equal Opportunity Act 2010 (Victoria)
Spam Act 2003
Telecommunications Act 1997
Do Not Call Register Act 2006

POLICY SUMMARY

Information we collect and why we use it

Generally, we collect personal information in order to properly and efficiently carry out one or more of our functions e.g. auditing, research and analysis in order to maintain, protect and improve our services. We only use personal information for the purpose(s) for which it was given to us and for directly related purposes (unless otherwise required or authorised by or under law); as consented to by you or if a permitted general situation exists.

Electronic Communication

There are inherent risks associated with the transmission of information over the internet, including via email. You should be aware of this when sending personal information to us via email or via our website or social media platforms. If this is of concern to you then you may use other methods of communication with us, such as post, fax or telephone (although these also have risks associated with them).

We only record your email address when you send a message to us or subscribe to one of our mailing lists. Any personal information, including email addresses, will only be used or disclosed for the purpose for which it was provided.

Log information (browsing)

When you use our online services, our servers automatically record information that your browser sends whenever you visit a website. These server logs may include information such as your server address, your top level domain name (for example, .com, .gov, .au, .uk, etc), the date and time of visit to the site, the pages accessed and documents viewed, the previous sites visited, the browser type, the browser language, and one or more cookies that may uniquely identify your browser.

A cookie is a small file containing a string of characters to your computer that uniquely identifies your browser. It is information that your web browser sends back to our website server whenever you visit it again. We use cookies to ‘remember’ your browser between page visits. In this situation, the cookie identifies your browser, not you personally. No personal information is stored within our cookies.

Google Analytics

We use Google Analytics to collect information about visitors to our website. Google Analytics uses first-party cookies and JavaScript code to help analyse how users use the site. It anonymously tracks how visitors interact with this website, including how they have accessed the site (for example from a search engine, a link, an advertisement) and what they did on the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States.

Google will use this information for the purposes of compiling reports on website activity and providing other services relating to website activity and internet usage. For our website (australianlawtutor.com) Google Analytics Demographic and Interest Reporting is enabled. Demographic and interest reports may be generated including identifiers such as your age, gender, affinity categories (for example educational and training interests), in-market segments and other categories based on acquisition, behaviour, and conversions metrics. These reports may be used by the department to assist it make policy and programme decisions. You can prevent your information from being collected by Google Analytics by refusing the use of cookies by selecting the appropriate settings on your browser or by installing the Google Analytics Opt-out Browser Add-on.

How we collect personal information

We primarily use forms, online portals and other electronic or paper correspondence to collect your personal information. By signing paper documents or agreeing to the terms and conditions and disclaimers for electronic documents you are consenting to the collection of any personal information you provide to us.

We may also collect your personal information if you:

communicate with us by telephone, mail, email or SMS;
attend a face to face meeting or event conducted by us or our contractors;
use our website;
interact with us on our social media platforms.

Storage and Data Security

Storage of personal information (and the disposal of information when no longer required) is managed in accordance with the Australian Government’s records management regime. We take all reasonable steps to protect the personal information held in our possession against loss, unauthorised access, use, modification, disclosure or misuse.

Data Quality

We take all reasonable steps to make sure that the personal information we collect and store is accurate, up-to-date, complete, relevant and not misleading.

Access to and alteration of records containing personal information

You have a right under the Privacy Act to access personal information we hold about you. You also have a right under the Privacy Act to request corrections to any personal information that we hold about you if you think the information is inaccurate, out-of-date, incomplete, irrelevant or misleading.

The Freedom of Information Act 1982 also provides you with an opportunity to request access to documents in our possession.

Complaints

If you think we may have breached your privacy you may contact us to make a complaint using the contact details below. In order to ensure that we fully understand the nature of your complaint and the outcome you are seeking, we prefer that you make your complaint in writing.

If you have any enquiries or complaints about privacy, or if you wish to access or correct your personal information, please email us at australianlawtutoring@gmail.com or write to:

Privacy Officer, Australian Law Tutor, 249/11 Potter Street, Waterloo NSW 2017

FULL PRIVACY POLICY

General Management of Customer Information

Australian Law Tutor will only ever collect information that is necessary to service or establish a customer’s account or to conduct market research;
Australian Law Tutor will keep all information that we collect about customers secure and protect this information (including your phone calls and other communications) from misuse and loss and from unauthorised access, modification or disclosure;
Australian Law Tutor will not disclose your information to third parties, and will only disclose your information to Australian and Australasian state and federal and territory law enforcement bodies as required by legislation;
Australian Law Tutor will provide you with access to your personal information that we have on record and take reasonable steps to keep your details accurate and up-to- date;
Australian Law Tutor is committed to having our performance in relation to privacy independently audited annually;
Where a business relationship has been established previously Australian Law Tutor will not contact you for marketing purposes if you tell us you do not wish to receive such contact from us;
Australian Law Tutor will not keep information about our customer that we no longer need or are no longer required to retain;
Australian Law Tutor will keep your personal information on file for seven (7) years dated from your last contact with us as required by law.

Procedures

Australian Law Tutor (hereafter known as “the company” ) will not collect personal information from our customers unless it is necessary for one or more of our business functions or activities. Australian Law Tutor stores the data it collects in order to carry out its business activities and administer customers accounts on servers located in Australia, and records are archived securely towards the end of the legally defined life- cycle.
Australian Law Tutor will collect personal or business information only with your consent by lawful and fair and ethical means and not in an unreasonably intrusive way. The company retains copyright of any information that it obtains during normal business activities with customers and as such owns all databases and related information.
If it is reasonable and practicable to do so, the company will collect personal information about and individual or organisation only from that individual or designated officer of the organisation.
At or before the time (or if that is not practicable, as soon as possible after) the company collects personal or business information about an individual or organisation from the individual or from a designated officer of the organisation, the company will take such steps, if any, as are reasonable in the circumstances to notify the individual, or otherwise ensure that the individual or designated officer of the organisation is aware of, the:

fact and circumstances of collection, wheretheindividualororganisationmay not be aware that his or her personal information and/or business information has been collected;
identity and contact details of the agency organisation from whom the information was collected;
rights of access to, and correction of, personal and business information provided by external agencies;
purposes for which the information is collected;
Mainconsequencesofnotprovidingtheinformation;
The name and contact details of organisations, agencies, entities or other persons to whom the company discloses personal or business information of the kind collected - where the collection is required or authorised by or under law;
the avenues of complaint available to the individual or business concern if her or she or the designated officer of the organisation has a complaint about the collection or handling of his or her personal or business information is set out in this privacy policy. This policy is available on our website as well as available in hard copy free of charge to the customer should they request it.
The company will never sell our customers’ personal information to direct marketers or third parties. If you do not wish to receive marketing communication from us please go to our website (www.australianlawtutoring.com) and select opt-out of direct marketing on our home page. Otherwise please contact our Office Manager.

5. A customer may request a copy of the data the company have recorded on their account at any time. The records will be provided free of charge, within 7 days unless:

providing access would be reasonably likely to pose a serious threat to the life or health of any individual;
providing access would have an unreasonable impact upon the privacy of individuals or businesses other than the individual or designated officer of the organisation requesting access;
the request for access is frivolous or vexatious;
the information relates to existing or anticipated legal proceedings between the organisation and the individual or business concern, and the information would not be accessible by the process of discovery in those proceedings;
providing access would reveal the intentions of the organisation in relation to negotiations with the individual or business in such a way as to prejudice those negotiations;
providing access would be unlawful;
denying access is required or authorised by law;
providing access would be likely to prejudice an investigation of possible unlawful activity;
providing access would be likely to prejudice the:
- prevention, detection, investigation, prosecution or punishment of criminal offences, breaches of a law imposing a penalty or sanction or breaches of a prescribed law;
- enforcement of laws relating to the confiscation of the proceeds of crime;
- protection of the public revenue;
- prevention, detection, investigation or remedying of seriously improper conduct or proscribed conduct;
- preparation for, or conduct of, proceedings before any court or tribunal, or implementation of its orders, by or on behalf of an enforcement body; or
- an enforcement body performing a lawful security function asks the organisation not to provide access to the information on the basis that providing access would be likely to cause damage to the security of Australia.
Where providing access would reveal evaluative information generated within the company in connection with a commercially sensitive decision-making process, the company may give the individual or designated officer of the organisation an explanation for the commercially sensitive decision rather than access to the information
If the company has reason to suspect that unlawful activity, or misconduct of a serious nature, that relates to the company's functions or activities (id est operations) has been, is being or may be engaged in; and giving access would prejudice the taking of appropriate action in relation to the matter; or giving access would be likely to prejudice one, or more, enforcement related activities conducted by, or on behalf of an enforcement body.

6. A customer may request correction of inaccurate data that is recorded on their account.

Australian Law Tutor will correct the inaccuracy immediately or at the very least within 24 hours.

7. Any records/data collected by the company will remain in Australia, and are not sent overseas, unless such are subject to disclosure due to a court/tribunal order or part of the process of discovery for law enforcement proceedings or part of an investigation by a law enforcement agency either domiciled in Australia or a foreign territory or State which is a party to an international data-sharing agreement that Australia is a signatory to; and/or is required by an applicable law of a foreign country.

8. The company will not use nor disclose personal information about an individual unless the company reasonably believes that the use or disclosure is necessary to lessen or

prevent a serious threat to:

(a) an individual’s life, health or safety; or

(b) public health or public safety;

(c) the company has reason to suspect that unlawful activity has been, is being or may be engaged in, and uses or discloses the personal information as a necessary part of its investigation of the matter or in reporting its concerns to relevant persons or authorities.

(d) the use or disclosure is required or authorised under law;

(e) the agency or organisation reasonably believes that the use or disclosure is necessary for one of the following by or on behalf of an enforcement body:

(i) the prevention, detection, investigation, prosecution or punishment of criminal offences, breaches of a law imposing a penalty or sanction or breaches of a prescribed law;

(ii) the enforcement of laws relating to the confiscation of the proceeds of crime;

(iii) the protection of public revenue;

(iv) the prevention, detection, investigation or remedying of seriously improper conduct or proscribed conduct; or

(v) the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of the orders of a court or tribunal.

9. The company will take every reasonable step to ensure that the personal information or business information it collects, uses or discloses is, with reference to the purpose of that collection, use or disclosure, accurate, complete, up-to-date and relevant. Australian Law Tutor will not collect sensitive information about any customer unless the individual customer or in the case of a corporate customer, the designated officer of the business organisation provides consent and:

(a) the collection is required or authorised by law;
(b) the collection is necessary for the establishment, exercise or defence of

a legal or equitable claim;

(d) the collection is necessary to prevent or lessen a serious and imminent threat to the life or health of any individual, or there exists a credible threat to the Public (e.g. threat of terrorism).

Australian Law Tutor will not disclose sensitive information it holds about a customer without the customer’s express consent unless the information is required by a law enforcement body and/or there exists a credible threat to public safety (e.g. threat of terrorism).

10. The company will take reasonable steps to:

(a) securely protect the personal and/or business information it holds on its servers and in its archives from misuse and loss from unauthorised access, modification or disclosure;

(b) destroy or render non-identifiable personal or business information it holds if such is no longer needed for any purpose for which it can be used or disclosed and Retention is not required or authorised by or under law; and

(c) Should there be a breach of data security, Australian Law Tutor will make every effort to contact affected customers - as required by law.

11. The company will only keep customer’s information on file for seven (7) years from the date of the customer’s last contact with the company. After this time period the Information will be securely destroyed.

12. All employees and agents of the company are required to keep any and all information (id est personal information about individuals or commercially sensitive information or sensitive information about individual

customers and organisations - but not limited to the aforementioned) confidential in perpetuity.

All employees and agents of the company are prohibited from using such information in commercial activities on their own behalf or for other enterprises for five (5) years from the termination of their employment with Australian Law Tutor.

13. Should an individual feel that an act has been committed by the company or practice(s) taken place during conduct of business activities by the company that may be an interference with their privacy they may pursue a complaint or external arbitration to the:

NSW Privacy Commissioner at:
Information and Privacy Commission (New South Wales) GPO Box 7011, Sydney NSW 2001.
or phone: 1800 472 679

DEFINITIONS

Privacy Act 1988

The company, including its employees, contractors and agents, is subject to the Privacy Act 1988 (the Privacy Act) and to the requirements of the Australian Privacy Principles (APPs) contained in the Privacy Act.

The APPs regulate how federal public sector agencies and certain private sector organisations can collect, hold, use and disclose personal information and how you can access and correct that information.

‘Personal information’ means information (or an opinion), whether true or not, in any form that can identify a living person.

The APPs only apply to information about individuals, not information about corporate entities such as businesses, firms or trusts. Detailed information and guidance about the APPs can be found on the website of the Office of the Australian Information Commissioner (OAIC) - http://www.oaic.gov.au/.

Sensitive Information

Section 6(1) of the Privacy Act 1988 defines sensitive information as information or opinion about an individual’s:

racial or ethnic origin;
political opinions;
membership of a political association;
religious beliefs or affiliations;
philosophical beliefs;
membership of a professional or trade organisation; membership of a trade union;
sexual preferences or practices;
criminal record;
health information; or
genetic information that is not otherwise health information.

Data: A collection of facts, concepts or instructions, in a formalised manner suitable for Communication and/or processing by computers or human beings.

Life-cycle: The length of time required by law that a customer’s data is held and maintained by the company either in digital form or hard copy.

RESOURCES

Specific procedures for the implementation of this policy are available on the company intranet.

SCOPE OF POLICY

This policy applies to all employees, contractors and agents of Australian Law Tutor and all locations of Australian Law Tutor, Australia wide.

14 September 2017