eSkilled Pty Ltd
eSkilled is committed to the Australian Privacy Legislation and this policy describes how eSkilled will comply with the Commonwealth Privacy Act 1988, the Privacy Amendment (Enhancing Privacy Protection) Act 2012, and National Privacy Principles in the way it collects, uses, secures and discloses personal information.
Data Subjects means any user of eSkilled Websites and Online Platforms
Online Platforms means a range of online learning and student management applications hosted in the cloud.
Websites means web pages hosted on eSkilled’s domains or any of our affiliated company websites for the purpose of promoting and marketing products and services.
Personal information as defined by the Privacy Act 1988 (as amended) is information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether true or not, and whether recorded in a material form or not.
Customers means our business and corporate customers who subscribe to one or more of our online platforms.
Affiliated Companies mean companies that share the same Directors and/or common operational staff.
eSkilled’s Personal Information Collection
This statement applies to any personal information collected by eSkilled via one of the websites and/or online platforms owned or operated by eSkilled or our affiliated companies, or websites, online platforms, owned or operated by our associated companies and promotional partners.
This statement does not apply to the practices of organisations that we do not own or control, or to people that we do not employ, or oversee even if links to their websites appear on our Promotional Platforms. We recommend you examine the privacy policies and statements of such other parties.
We understand the importance of protecting the privacy of an individual’s personal information. This statement sets out how we aim to protect the privacy of your personal information, your rights in relation to your personal information managed by us, and the way we collect, hold, use and disclose your personal information.
In handling your personal information, we will comply with the Privacy Act 1988 and with the thirteen Australian Privacy Principles in the Privacy Act. This policy statement may be updated from time to time.
Security Of Personal Information
eSkilled takes all steps reasonable in the circumstances to ensure that the personal information we hold is protected from misuse, interference and loss and from unauthorised access, modification or disclosure. We hold personal information in both hard copy and electronic forms in secure databases on secure premises, accessible only by authorised staff.
We will destroy or de-identify personal information in circumstances where it is no longer required, unless we are otherwise required or authorised by law to retain the information.
What Personal Information Does eSkilled Collect?
Personal information is information, or an opinion about an identified, or reasonably identifiable, individual. During the provision of our services, including if you access our websites, online platforms, promotional platforms, register an account, opt-in to receive product or service information, deals and competitions, or complete surveys, we may collect your personal information.
Below we set out the type of information we collect.
1) Content entered into our platforms about data subjects:
All information, including personal information, that is entered into our platforms (either by end users or otherwise) is stored in systems managed by our customers and/or by us on their behalf.
The types of personal information collected may include names, contact details, employment information and learning activity information, certification and academic achievement information as well as any other personal information entered into the platforms by, about or on behalf of a data subject.
We do not collect data subject personal data from any publicly available sources.
2) Information about customer personnel:
We collect contact details of our customers’ personnel, such as names, contact information and billing information, including credit card details. Credit card details are not held by us, but are held by payment gateway providers that we use. Other than the last 4 digits of a credit card, all such credit card information is not accessible by us.
For customer personnel who are data subjects, we also collect the information about them referred to in paragraph (1) that is entered into our platforms.
3) Information required for the support, maintenance and security of our websites and platforms:
To support and maintain our platforms for our customers, we collect and process Data Subject information including IP addresses, email addresses, user access logs, usernames, passwords, information included by customers in technical support tickets and error messages.
4) Personal Information Collected Prior to Becoming a Customer
Prior to becoming a customer of eSkilled, the kinds of personal information we collect may include, however, is not limited to: your name, company name, address, telephone number, date of birth, email address, product, and services preferences. In some circumstances we may also hold other personal information provided by you.
We may also collect information about you in the course of your interaction with our website and Promotional Platforms including your internet protocol (IP) address, the date and time of your visit, the pages you have accessed, the links on which you have clicked on our websites and emails, and the type of browser that you were using, which may be linked to your personal information.
Why Does eSkilled Collect The Personal Information Of Customers and their Personnel and Data Subjects?
eSkilled collects the personal information of customers, their personnel and data subjects for the following reasons:
- to operate, administer and grow our businesses including to operate our platforms, IT systems and networks, manage our hosting environments and ensure the successful delivery of our services.
- to perform and meet contractual obligations with our customers
- to comply with our legal obligations.
- to promote and market our products and services
How Does eSkilled Collect Personal Information?
Our Online Platforms
We collect personal information in our online platforms through:
- customers entering personal information of themselves, their personnel or end users
- by our staff entering personal information on behalf of our customers
- personal information being transmitted through integrations with third-party applications
- files provided to us by our customers for the purpose of import to their online platform
Websites, Promotional Platforms, Social Media and Analytics
We collect personal information on our websites and/or promotional platforms when you:
- request information on our websites about any of our resources, products, or services;
- set up or update an account or other registration on our Promotional Platforms;
- opt-in to offers, deals and competitions;
- complete surveys;
- actively participate and use our promotional platforms
- submit an enquiry to us via our promotional platforms
- subscribe to, and use our any of our online platforms
- have information published on publicly available websites, social media sources
- have information available via analytics applications such as google analytics.
There may be other occasions when we collect your personal information from other sources such as from an information services provider or a publicly maintained record. Generally, we will only collect your personal information from sources other than you, if it is unreasonable or impractical to collect the personal information directly from you.
How Does eSkilled Use Personal Information?
As part of eSkilled operating and servicing Learning Management System (LMS) and Student Management (SMS) platforms, or any of our other products / services, we may use the personal information you submit to:
- deliver our training products and services, including training and learning tools;
- produce certificates and records of competence;
- store, transmit, collate and report on the following Data Subject information entered into our platforms by our customers:
- staff and student details
- student enrolments
- student progress
- assessment submissions
- assessment results/grades
- messages and feedback
- send messages between administrators, students, trainers and organisations
- transfer data to a service provider of your choice
- process payments
- generate statistical studies
- improve products and services
- conduct product upgrades and updates
- advise on seminars and events or any other changes within eSkilled that may affect you
- identify customers when contacted with technical support questions
- administer our contractual relationships with customers (and to enforce our contractual rights and their contractual obligations). Personal information about data subjects
- to provide and support the functionality of the relevant platform for a customer and to process the personal information of data subjects on behalf of a customer who has engaged us to do so.
- to migrate data onto our platforms from other customer systems (including legacy databases).
- to store data subject personal information in databases and systems in our hosting environments at third party data centres (this only applies to platforms that are hosted by us and not to software that is hosted independently by our customers).
- to provide technical support services to our customers that require us to view and/or update data subject data held in our platforms.
- backup and restore data that includes data subject personal information.
- to carry out security audits, investigate security incidents and implement security processes and procedures that require access to data subject personal information.
- meet our contracted requirements for a customer.
- to administer our businesses, including to allow our customers to operate our platforms, and to enable us to operate our IT systems and networks, manage our hosting environments and ensure the successful delivery of our services.
Websites and Promotional Platforms
As part of eSkilled promoting products and services we collect and use information to:
- provide information in relation to our products, promotions or services, including those we consider may be of interest to you in the future;
- conduct customer/customer satisfaction surveys and promotional events, such as a loyalty programs
- promote and market our services
- conduct and report on market research;
How eSkilled Store And Secure Personal Information
eSkilled take reasonable steps to protect personal information that we hold using such security safeguards to protect against loss, unauthorised access, modification and disclosure and other misuse. We implement technical and organisational measures to ensure a level of protection appropriate to the risk of accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal information transmitted, stored or otherwise processed by us.
eSkilled ensure the confidentiality, integrity and availability of our information assets and information systems. We ensure all staff and contractors are aware of their information security responsibilities and that they are appropriately trained to meet those responsibilities.
eSkillled only use reputable hosting providers to host data subject personal information we also implement important data security procedures and systems such as:
- implement passwords and access control procedures into our computer systems
- have an information security management framework
- taking measures to secure personal information, such as passwords, anti-virus management and firewalls
- maintain physical security measures in our buildings and offices such as:
- door and window locks
- visitor access management
- cabinet locks
- biometric access to offices;
to ensure the security of information systems (electronic or otherwise).
- requiring all of our employees, agents and contractors to comply with privacy and confidentiality provisions in their employment contracts and contractor agreements
- having a Data Breach Response Plan in place
- having data backup, archiving and disaster recovery processes in place.
- taking measures to secure personal information, such as passwords, anti-virus management and firewalls
eSkilled store other personal information that we collect in our offices, computer systems, and reputable third party owned and operated hosting facilities. We use the following storage systems for other personal information:
- cloud-based email providers for personal information provided to us via email
- CRM (customer relationship management) and marketing platform providers for personal information about current and prospective customers is stored on cloud-based third-party owned and operated.
- computers and other electronic devices in our offices and at the premises of our personnel
- cloud-based document storage systems
Disclosure To Third Parties
We may disclose your personal information to third party advertisers or affiliated companies for the purposes of providing our service or promotional and marketing purposes.
eSkilled may disclose your personal information to:
- our affiliated companies and employees
- other companies or individuals that assist us to provide our products or services, or to administer our internal operations. This includes:
- Reputable electronic transaction / payment service providers, to process orders for our products and other services
- reputable hosting providers who host our online platforms, applications and databases
- government authorities or other agencies where you are required to report, or where the disclosure is required or authorised by law
- when performing contracts we may outsource certain obligations to third party contractors in accordance with our contractual rights (such as hosting, software development and other professional services).
- prospective purchasers of all or substantially all of our assets, in the event of a merger, reorganisation or acquisition of our business or assets
- external business advisors, such as auditors and security advisors
- anyone else to whom our customers authorise us to disclose your personal information.
- our legal, accounting or financial advisors/representatives or insurers
- debt collectors for debt collection
We ensure that all staff and contractors are aware of their information security responsibilities, are appropriately trained to meet those responsibilities and have entered into agreements which require them to comply with privacy and confidentiality obligations that apply to personal information that we provide to them.
Customers who use our platforms to disclose personal information about data subjects to third parties are expected to only do so where permissible under applicable law.
Before disclosing any personal information to an overseas recipient, we take steps reasonable in the circumstances to ensure the overseas recipient complies with the Australian Privacy Principles or is bound by a substantially similar privacy scheme.
We may disclose personal information to overseas recipients for the following purposes:
- in order to provide our services and/or products
- for administrative or other business management purposes
- For promotional and marketing activities
- where you have provided your consent to us disclosing your personal information to a specified third party promotional partner that is located overseas
Recipients of such disclosures for the purpose of our administrative or business management purposes are located in the Philippines and India, and may also be located in other countries notified to you from time to time. By providing personal information on our websites, online platforms or promotional platforms, you consent to us disclosing your personal information to a Partner that is located overseas.
By providing personal information on our websites, or through any of our Promotional Platforms promoting our courses, products and services, you consent to allow us and other third parties elected by us to send out or display marketing materials online including, but not limited to advertisements on sites across the internet, promotions and special offers, product information, information about services, newsletters, and other forms of electronic communication, as well as other methods of communication from time to time such as phone and mail.
As such, we may disclose your personal information to the Partner for the purpose of the Partner contacting you for promotional purposes and direct marketing purposes, and the Partner may contact you with special offers via the communication channel and contact details provided by you at the time you provided your personal information to us.
In the event you do not wish to receive such communications, you can opt-out by contacting us via the contact details set out in Section 9, through any opt-out mechanism contained in a communication or by logging in to your account and using the info and feedback form.
If you unsubscribe or opt-out, you will be unsubscribed from our email channels, and you will not have your data provided to any third party advertisers or people for marketing or other purposes (except to the extent as required by law to disclose it). You may at any point re-subscribe by re-registering, or logging a new enquiry for any of our products, or services on our website or through any of our Promotional Channels.
For any questions about direct marketing, please contact us at email@example.com.
Access And Correct Personal Information Held
We take steps reasonable in the circumstances to ensure that the personal information we hold is accurate, up-to-date, complete, relevant and not misleading. Under the Privacy Act, you have a right to access and/or seek correction of your personal information that is collected and held by us.
If at any time you would like to access or correct the personal information that we hold about you, or you would like more information on our approach to privacy, please contact us via the contact details set out in Section 9 below. We will grant access to the extent required or authorised by the Privacy Act or other law and take steps reasonable in the circumstances to correct personal information where necessary and appropriate.
To obtain access to your personal information:
- you will have to provide proof of identity. This is necessary to ensure that personal information is provided only to the correct individuals and that the privacy of others is protected;
- you must be specific about the information you require
- we may charge you a reasonable administration fee, which reflects the cost to us, for providing access in accordance with your request.
If we refuse your request to access or correct your personal information, we will provide you with written reasons for the refusal and details of complaint mechanisms. We will also take steps reasonable to provide you with access in a manner that meets your needs and our needs. We will endeavour to respond to your request to access or correct your personal information within 7 days from your request.
- We will normally grant access to your personal information unless:
- giving access would have an unreasonable impact on the privacy of other individuals;
- the request for access is frivolous or vexatious;
- we are unable to verify your identity;
- we are entitled to reject your access to the personal information pursuant to any law
- the access would be unlawful.
We reserve the right to charge a reasonable fee for providing access to the personal information, but not for making the application or correcting personal information held by us. We may withhold access to the personal information until the fee is paid.
Right To Deal With Us Anonymously
Any person has the option of not identifying themselves or using a pseudonym when contacting us to enquire about our services. It is important to note that anonymous persons can only have limited interaction with us due to the nature of providing our services in a secure environment.
An anonymous person can browse our public facing websites without providing us with personal information. This includes the pages that generally describe the services that we make available.
Situation Where Anonymity Is Not Possible
- when a person submits a form on our websites
- when an organisation enters into a contract with us
- when a person registers an end user account on one of our online platforms
For security purposes, only end users who identify themselves accurately and truthfully when opening any account on any of our online platforms, may login to and access the functionality provided by our platforms.
If you believe that we have breached the Privacy Act, the Australian Privacy Principles or any binding code under the Privacy Act, you can make a privacy complaint to us. Please contact us at firstname.lastname@example.org to make a privacy complaint.
Please direct all privacy complaints to us on the contact details specified in Section 8. At all times, privacy complaints:
- will be treated seriously;
- will be dealt with promptly;
- will be dealt with in a confidential manner; and
- will not affect your existing obligations or affect your commercial arrangements with us.
We will commence an investigation into your complaint. You will be informed of the outcome of your complaint following completion of the investigation. In the event that you are dissatisfied with the outcome of your complaint, you may refer the complaint to the Federal Office of the Australian Information Commissioner.
For further information or enquiries regarding your personal information held by us, or if you would like to opt-out of receiving any promotional communications from us or our Partners, please contact us at email@example.com, or call +61 7 3036 2201.
You may also reach us at our office or via post:
Office Address: 13/269 Wickham St, Fortitude Valley, QLD 4006
Postal Address: PO BOX 51, Fortitude Valley, QLD, 4006