Privacy Policy

Our privacy policy was first published on 11 February 2016 and was last updated on the 1st of April 2021.

Definitions

Please refer to the Opentute common definitions.

Preamble

This Privacy Policy explains the collection, use, and disclosure of “Personal Data” by Open Tute Pty Ltd ACN 607 003 136 (“Opentute” or “we”), a company incorporated in Australia under the Corporations Act 2001 (Cth).

Unless otherwise noted on a particular site or service, this Privacy Policy applies to your use of all Opentute Services that Opentute operates, including Portals, Channels, News Feeds,, Profiles, Learning, Instant Messages, together with other services and platforms operated by Opentute and any related Opentute services, tools or applications.

Excepting trials, demonstration portals and the Opentute Academy portal, Opentute does not operate or manage licensed Private Portals, though as part of the Licensing agreement we will provide upgrades, backups and maintain security certificates (for *.opentute.com), as required. Where a license holder does not use the *.opentute.com SSL, they are required to maintain an SSL security certificate for custom domain names.

Where a license holder opts to use this general privacy policy document, a , supplemental Privacy Policy terms (“Supplemental Privacy Policy Terms”) may apply to a particular Service. Any such Supplemental Privacy Policy Terms must be made clearly available by the license holder to the end user of the portal.

This Privacy Policy also explains our commitment to you with respect to our use and disclosure of non-personal browsing and site usage data that Opentute collects as the provider of the Services.

As used in this policy, “Personal Data” means information that would allow a party to identify you such as, for example, your name, address or location, telephone number or email address.

Please take a moment to read the following to learn more about our information practices, including what type of Personal Data is gathered, how the Personal Data is used and for what purposes, to whom we disclose Personal Data, and how we safeguard your Personal Data.

Our privacy practices may vary among the countries in which we operate to reflect local practices and legal requirements (“Applicable Data Protection Laws”) but in general we comply with the GDPR (EU’s General Data Protection Regulation).

According to Applicable Data Protection Laws, you may be entitled to know the identity of your “Data Controller” i.e. the legal entity which determines why and how your personal data is processed. In most cases, this will be Open Tute Pty Ltd. In the event another member of Opentute is responsible for processing your Personal Data as a Data Controller we will make you aware of this when you purchase the relevant product or service from us.

Within Opentute, our most important asset is our relationship with our user community. We are committed to maintaining the confidentiality, integrity, and security of the Personal Data of our users. We are proud of our privacy practices and want you to know how we protect your information submitted or collected through your use of our service.

By accessing or using any of the Services, you are accepting and agreeing to the practices described in this Privacy Policy.

Our Principles

Opentute is committed to handling responsibly the information and data we collect about you through our Services, whether Personal Data or non-personal browsing and site usage data. We have designed our Privacy Policy consistent with the following principles (the “Principles”):

  • Privacy policies and data collection and use policies should be human readable, comprehensive, and easy to locate;
  • Only the minimum amount of information reasonably necessary to provide you with services should be collected and maintained, and only for so long as reasonably needed or required;
  • Information you provide through our Services, or that we gather as a result of your use of our Services, should not be used for marketing or advertising purposes (unless permission has been granted to the Super Administrator of an Opentute portal), nor should it be provided voluntarily (without your permission) to anyone else unless required; and
  • If Opentute is required to provide a third party with your Personal Data (whether by subpoena or otherwise), then provided we have collected and retained an email address for you, Opentute will use reasonable means to notify you promptly of that event, unless prohibited by law or Opentute is otherwise advised not to notify you on the advice of lawyers.

Personal Data Opentute Collects

We may collect Personal Data through our Services, including without limitation:

  • when you provide us with your Personal Data such as by sending an email to us or signing up to receive updates from Opentute;
  • when you subscribe to one of our News feeds, Channels, Group chat, Surveys, Learning, Instant Messages, special notifications, eMail, app, and web notifications or related services;
  • when you create a user Profile;
  • when you provide Personal Data in connection with your participation in News feeds, Group chat, , Channels, Surveys, Learning, Instant Chats, Messages, special group notifications lists, eMail, app, push and web dropdown notifications or related services;
  • Cookies used to track logins, sessions, and collect anonymous traffic;
  • Payments for managing your finances, including payments and withdrawals, including third party use of Paypal, Stripe or other payment services as required or applicable;
  • Registration or connection via third party logins and APIs including but not limited to LinkedIn, Facebook and Google;
  • IP addresses, URLs visited, and related information recorded for all site visitors for the purpose of site traffic analytics and captured as part of normal operation in our server logs.

What Opentute Does with Personal Data

We use the collected data for various purposes:

  • To provide and maintain our Service
  • To notify you about changes to our Service
  • To allow you to participate in interactive features of our Service when you choose to do so
  • To provide customer support
  • To gather analysis or valuable information so that we can improve our Service
  • To monitor the usage of our Service
  • To detect, prevent and address technical issues
  • To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information

Retention of Data

We will retain your Personal Data generally for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

Disclosures of Personal Data

In general, it is not Opentute practice to disclose Personal Data to third parties. We may share your Personal Data in two instances:

First, Opentute may share Personal Data with Private Portal Administrators, our contractors and service providers in order to maintain, enhance, or add to the functionality of the Services.

Second, we may disclose your Personal Data to third parties in a good faith belief that such disclosure is reasonably necessary to (a) take action regarding suspected illegal activities; (b) enforce or apply our User Agreement, Privacy Policy and Private Portal Agreement; (c) comply with legal process, such as a search warrant, subpoena, statute, or court order; or (d) protect our rights, reputation, and property, or that of our users, affiliates, or the public.

If Opentute is required to provide a third party with your Personal Data (whether by subpoena or otherwise), then provided we have collected and retained an email address for you, Opentute will use reasonable means to notify you promptly of that event, unless prohibited by law or Opentute is otherwise advised not to notify you on the advice of lawyers.

Transfer of Data

Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organisation or a country unless there are adequate controls in place including the security of your data and other personal information.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Reorganisation or Spin-Offs or similar business transaction

Opentute may transfer some or all of your personal and/or non-personal browsing information to a third party as a result of a reorganisation, spin-off, or similar transaction. Upon such transfer, the acquirer’s privacy policy will apply. In such event, Opentute will use reasonable efforts to notify you and to ensure that at the time of the transaction the acquirer’s privacy policy complies with the Principles.

If Opentute are involved in a merger, acquisition or asset sale, your Personal Data may be transferred. We will provide notice before your Personal Data is transferred and becomes subject to a different Privacy Policy

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Security of Personal Data Collected via the Services

Opentute has implemented reasonable measures to protect against unauthorised access to and unlawful interception or processing of Personal Data that Opentute stores and controls. However, no website can fully eliminate security risks. Third parties may circumvent our security measures to unlawfully intercept or access transmissions or private communications.

Some Opentute Services have security risks in addition to those described above. Among other things, maybe vulnerable to DNS attacks, and may increase the risk of phishing.

Legal Basis for Processing Personal Data Under General Data Protection Regulation (GDPR)

If you are from the European Economic Area (EEA), Opentute’s legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Data we collect and the specific context in which we collect it.

Opentute may process your Personal Data because:

  • We need to perform a contract with you
  • You have given us permission to do so
  • The processing is in our legitimate interests and it’s not overridden by your rights
  • For payment processing purposes
  • To comply with the law

Your Data Protection Rights Under General Data Protection Regulation (GDPR)

If you are a resident of the European Economic Area (EEA), you have certain data protection rights. Opentute aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.

If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.

In certain circumstances, you have the following data protection rights:

  • The right to access, update or to delete the information we have on you.
  • The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
  • The right to object. You have the right to object to our processing of your Personal Data.
  • The right of restriction. You have the right to request that we restrict the processing of your personal information.
  • The right to data portability. You have the right to be provided with a copy of your Personal Data in a structured, machine-readable and commonly used format.
  • The right to withdraw consent. You also have the right to withdraw your consent at any time where Opentute relied on your consent to process your personal information.

Please note that we may ask you to verify your identity before responding to such requests.

You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).

Analytics

We may use third-party Service Providers to monitor and analyze the use of our Service.

Google Analytics

  • Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualise and personalise the ads of its own advertising network.
  • You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity.
  • For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: http://www.google.com/intl/en/policies/privacy/

Firebase

For Apps we may use Firebase Analytics from time to time. For more information on the privacy practices of Firebase,  please visit the Firebase Privacy web page: https://firebase.google.com/support/privacy/

Children

The Services are not directed at children under the age of majority (i.e. In Australia the age of majority is 16). We will never knowingly request Personal Data from anyone under the age of majority without requiring parental consent. Our User Agreement specifically prohibit anyone using our Services from submitting any personally identifiable information about persons under the age of majority. Any person who provides their Personal Data to Opentute through the Services represents that they have reached the age of majority (i.e. If the person is in Australia, they have reached 16 years of age or older.)

If you are a parent or guardian and you are aware that your Children has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our platform.

Links to Third-Party Sites

The Services may include links to other websites. You should consult the respective privacy policies of these third-party sites. This Privacy Policy does not apply to, and we cannot control the activities of, such other websites.

Special Note to International Users

In general the Services are hosted in Australia. Thus please note that your personal data may be located on servers in Australia. However, some Private Portals licensees have requested that its Services to be hosted in particular countries. By providing your personal data you consent to the use of your personal data for the uses identified above in accordance with the Privacy Policy.

Changes and Updates to this Privacy Policy

We may occasionally update this Privacy Policy. We encourage you to periodically review this Privacy Policy to stay informed about how we are protecting the Personal Data we collect. Your continued use of the Services constitutes your agreement to this Privacy Policy and any updates.

Cookies

Opentute Cookie Policy

Like many websites, we use cookies, alphanumeric identifiers in the form of text files that are stored on your computer, to understand how you use our products, to make Opentute easier to use, to optimise your user experience, to improve the quality of our advertising (if applicable), and to protect you and Opentute.

Some cookies while useful, are not essential, and by using Opentute you agree to the use of all cookies unless you specifically set your browser to reject them, but in some cases that may impact your ability to use Opentute.

This Opentute Cookie Policy describes the types of cookies we use, how we use these to improve your Opentute product and advertising experience, and your choices related to the use of these cookies. Please take a moment to read the following to learn more about our cookie practices, including what type of information is gathered, how the information is used and for what purposes, and to whom we share the information.

Types of Cookies We Use

We use session and persistent cookies to optimise Opentute during your visit to our site and to recognise you when you return to our site. For example, we use them to store your login ID (but never your password) to make it easier for you to login whenever you come back to Opentute. We also use them to remember the last application page you visited and advertisements (if applicable) you have already seen. These cookies help us optimise your experience to your usage, tune the experience to your preferences, and, customise your Opentute experience by providing the most relevant content possible.

Site Operations Cookies

We use these cookies to understand and improve your user experience. For example, we may use these cookies and the information we receive to understand how you are using various parts of Opentute, improve our site, and to understand how you use other websites, products, services and advertisements. We may also share information about this analysis with our partners with the goal of improving the combined experience and for our users and tailoring your experience to what might be of interest to you.

You may manage how your browser handles cookies and related technologies by adjusting its privacy and security settings. Different browsers handle these settings differently, so please refer to your browser’s specific instructions to learn more about how to change cookie-related privacy and security settings. You should be aware that by disabling cookies in your browser you may impact some of the functionality available in Opentute.

Feedback & Questions

If you have questions about this Privacy Policy, please contact us by email at support@opentute.com.