Privacy Policy – Opentute
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First Published: 11 February 2016

Last Updated: 30th of May 2018

Preamble

This Privacy Policy explains the collection, use, and disclosure of “Personal Data” by Open Tute Pty Ltd ACN 134 845 748 (“Opentute”), 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, Portals, Channels, Learning feeds, News, Profiles, Learning Resources, Open Tutes, Chat, Messages, together with other services and platforms operated by Opentute and available at Opentute.com, Blue.opentute.com and any related Opentute services, tools or applications.

Opentute does not operate or manage Private Portals or Channels, though as part of the Leasing agreement we will provide upgrades, backups and maintain security certificates, as required. Furthermore, this Privacy Policy does not apply to any of the Private Portals or Channels, operated by account holders (Super Administrators, Channel Administrators. Account holders of Private Portals are required to supply and maintain their own Private Portal User Agreements, Privacy Policy and related documents.

In addition, supplemental Privacy Policy terms (“Supplemental Privacy Policy Terms”) may apply to a particular Service. All such Supplemental Privacy Policy Terms will be accessible for you to read either within, or through your use of, that particular Service.

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”).

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, Inc. In the event another member of the 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 the 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”):

  1. Privacy policies and data collection and use policies should be human readable, comprehensive, and easy to locate;
  2. 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;
  3. 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, nor should it be provided voluntarily (without your permission) to anyone else unless required; and
  4. 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:

What Opentute Does with Personal Data

Learning feeds.We use the Personal Data you provide to us as part of your engagement and use of Learning feeds, including invitations, events,  management, Messages, eMail, push and dropdown notifications, connections and news feed.

News feeds. We use the Personal Data you provide to us as part of your engagement and use of Learning feeds.

Groups. Channel Gurus may form Groups and we use the information provided to facilitate search and setup of Groups, including selection of a given Portal, Channel, and/or Department.

Learning Resources. Information provided may inform how we display Learning Resources for resale on the eLibrary.

Learner Requests. Information provided may inform how we display Learner Requests for open bidding by Experts or via direct messaging.

Channels. Experts may apply to manage and deployment of Channels for invite-only, licensed or open groups of users, and the information provided informs your inclusion within a given channel, as well as membership management, payments and invitations.

Surveys. Information provided may inform surveys broadcast to one or more users.

Open Tutes. The use of the live video feature, “Open Tute”, will use your information provided in the creation of Google Hangouts or as facilitated via other applicable software.

Messages. We use the Personal Data you provide to us as part of your experience of receiving and sending Messages messages on the system, and any eMail, push notifications or SMS notifications as defined in Settings or by the Super Admin of a given Portal.

Profile. We use the Personal Data you provide to us as part of the build, use, searchability and use of your Profile and related components such as portfolio and links.

Hosting. We use Amazon Web Services as our default hosting provider, and so your information may be transferred to and stored on servers in various locations both in and outside of Australia. The default location for each instance is Sydney though this may change from time to time.

SEO.We use the Personal Data you provide to us as part of your initial search engine optimisation (SEO) capabilities, and this may be limited for various search engines and robots, where applicable.

Settings. We use the Personal Data you provide to us as part of your initial and customised user settings.

Learning Resources. We use the Personal Data you provide to us as part of your selection of one of our licenses/tools to provide you the course and related services that correspond to the license/tool you selected. This may include assessments (Checkpoints and quizzes), text/image screens, embedded videos from third parties (including Youtube, Vimeo and other providers), Open Tutes, Interactive Screens Surveys and other components as applicable.

Blue.Opentute.com provides an open access public Portal for general subscription of Learners, Experts and allows facilitation of Administrators to create and manage Channels and related memberships, therein. We use the Personal Data you provide to us as part of the experience of the Dashboard, news feed displayed and your connections and users followed.

Search. Users are able to search each other’s profiles based on the information provided, in particular related to skills available for the delivery of on demand Open tutoring, training or mentoring.

Emails and Post Broadcasts.We use the Personal Data you provide to us when you send us emails or sign up to receive updates from Opentute in order to respond to your request – for example, to reply to your email or to send you communications about Opentute news and campaigns.

When you subscribe to updates from us, your email address is sent to and stored in a database hosted on Opentute or our hosting provider’s servers that can only be accessed by Opentute staff and contractors. Personal Data submitted as part of our Services is used for the purpose of managing the User accounts.

Reports. Experts who have created Learning are able to view the progress and completions for learners. Additionally, Super Administrators are able to view all reports, including eMail addresses for each user.

User Profile

When you joined Opentute.com, you provided Personal Data to create your account and establish a password and profile, and to create an User account. We use that Personal Data to establish and maintain your accounts, provide you with the features we provide for User.

By using Opentute Services, you were also given a public profile page where you can voluntarily post Personal Data for public or limited viewing. The information that you submit on your public profile page, including but not limited to information you provide in your profile and any photograph or image you upload, is posted by you at your discretion (although subject to User Agreement). The information you publish on your public profile page, including your Personal Data, may be used by anyone who views that information for any lawful purpose. Opentute may use the personal and non-personal browsing information you provide in your public profile or your comments to promote the mission of Opentute and the Opentute Services.

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 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 and Privacy Policy; (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.

Private (Label) Portals

The Account Owner (Super Administrator) of a given Private Portal is responsible for User agreements, content management, Privacy Policy and related terms and conditions.

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.

Reorganisation or Spin-Offs

Opentute may transfer some or all of your personal and/or non-personal browsing information to a third party as a result of a reorganization, 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.

Children

The Services are not directed at children under the age of majority (i.e. In Australia the age of majority is 18). 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 18 years of age or older.)

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 persistence cookies to optimise Opentute during your visit to our site and to recognize 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. If you have questions regarding this policy, please contact us at travis@opentute.com.

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

The Services are hosted in Australia. Please note that your personal data may be located on servers in Australia. 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.

Feedback & Questions

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