(a) Momentum Cloud Pty Ltd (ABN 36 145 339 037) of Studio 12, 151 Foveaux Street, Surry Hills NSW 2010 (we, us and our) operate a website at momentumcloud.com, myplgoals.com.au, goalhub.com, esr.com.au, momentumeylf.com.au, mgoals.com.au, burraga.org (our Website) which features information regarding our company and the projects and software solutions which we have or are developing to help educators and students engage in lifelong learning.
(e) As defined in the EU GDPR, Momentum Cloud processes Personal Information both as a Processor and as a Controller. Momentum Cloud may be the controller of user information as defined under the heading ‘What Personal Information do we collect?’ For user entered information, the User will be the Controller in accordance with EU GDPR, and Momentum Cloud will be the Processor.
2 What is personal information?
Personal information is information or an opinion about an individual, or an individual who is reasonably identifiable, whether true or not and whether recorded in material form or not.
3 What personal information do we collect?
(a) We may collect personal information from you when you use our Website’s “subscribe” page to sign up to get emails or newsletters, request a demonstration for your school or organisation, email us for support using our support centre page and otherwise contact us by any method, such as telephone, email, post, facsimile or in person. From these pages, we may collect personal details such as your name, email address or phone number in order to receive a reply.
(b) We may also collect personal information from you if:
(i) you choose to subscribe to any of our products or applications; or
(ii) you choose to submit any content to us via such products or applications.
Some the personal information we may collect from you when you do so include:
(iii) name, email address.
(c) When you access and use our Website we will also record and log for statistical purposes certain information about your access and use, including your IP address, the date and time of your visit, the parts of our Website you access during your visit, any webpages you request, your actions on our Website, the browser you are using and the operating system of the computer or device you are using. We record this data to maintain our servers and improve our services. Additional generic unidentified traffic data is also collected to establish behavioural trends of visitors to our site.
(d) Sometimes we collect personal information from a third party if you have consented or would reasonably expect us to collect the information in this way, for example from your school organisation or publicly available sources such as websites or telephone directories. The personal information from consenting parties is also used to authenticate and enable access to applications accessible through our websites.
You do not have to provide us with any personal information if you choose not to. You may browse our Website without registering, in which case we will not be able to personally identify you unless you choose to provide us with your identity. You cannot, however, subscribe to notifications, request a demonstration or request support anonymously or using a pseudonym.
(b) Please note that rejecting cookies may mean that some or all of the functions on our Website will not be available to you. In particular, cookies must be enabled to access and use any part of our Website for placing orders.
6 How is your personal information used?
(a) The personal information that we collect is generally used to provide products or services to you, to track your usage, to evaluate performance of our Website, and to keep track of your account settings. Information collected by us may also be used:
(i) to provide you with information in relation to the products and services we provide;
(ii) to respond to your questions, requests or suggestions;
(iii) to improve the quality of our products or services;
(iv) to improve the quality of your visit to our Website; and
(v) as otherwise permitted under the Privacy Act.
(b) You may opt out of receiving such information by notifying us accordingly, or using any unsubscribe facility we provide for that purpose.
(c) Some services that we offer may require you to provide us with Personal Information. In these situations, if you choose to withhold any Personal Information requested by us, it may not be possible for you to gain access to certain parts of the site and for us to respond to your query.
7 Disclosure of your personal information
(a) We do not sell, rent or trade personal information to or with any other third parties.
(b) We will not otherwise disclose your personal information to any third party unless:
(ii) that third party is a contractor engaged to provide goods or services to us (including goods or services that assist us in providing our Website). Our agreements with such contractors require that they keep your personal information confidential, and that they only use or disclose your personal information for the purposes of providing those goods or services to us;
(iii) such disclosure is in connection with the sale of some or all of our business or assets; or
(iv) you have consented for us to share the information for this purpose, or the disclosure is authorised by the Privacy Act including:
(A) to lessen or prevent a serious threat to life or health;
(B) to protect the personal safety of users of our Website or the public;
(C) if authorised or required by law;
(D) if we have reason to suspect that unlawful activity has been, is being or may be engaged in;
(E) to enforce the law or where necessary to investigate a suspected unlawful activity; or
(F) you would reasonably expect or we have told you that your personal information is usually used or disclosed to third parties in this way;
8 Access and correction of your personal information
(a) We will, on request, provide you with access to the information we hold about you, including for the purpose of correcting or updating that information, unless there is an exception to such disclosure which applies under the Australian Privacy Principles (APPs).
(b) If you require access to your personal information, please contact us using the details provided below. Before we provide you with access to your personal information we will require some proof of identity. For most requests, your information will be provided free of charge, however, we may charge a reasonable fee if your request requires a substantial effort on our part.
(c) If we refuse to provide you with access to the information, we will provide you with reasons for the refusal and inform you of any exceptions relied upon under the APPs (unless it would be unreasonable to do so).
(d) We take reasonable steps to ensure that your personal information is accurate, complete, and up-to-date whenever we collect or use it. If the personal information we hold about you is inaccurate, incomplete, irrelevant or out-of-date, please contact us and we will take reasonable steps to either correct this information, or if necessary, discuss alternative action with you.
(e) If at any point you wish for Momentum Cloud to delete information about you, you can simply contact us to arrange deletion.
9 How we hold and secure your personal information
The security of your personal information is important to us. We take reasonable steps to prevent the personal information we hold about you from misuse, interference or loss, and from unauthorised access, modification or disclosure. This includes the use of technologies and processes such as access control procedures, network firewalls, encryption and physical security to protect the privacy of your personal information.
10 Links to other websites
Sometimes our Website contains links to other websites. When you access a website other than our Website, we are not responsible for the privacy practices of that site. We recommend that you review the privacy policies of each website you visit.
11 How to contact us
(a) If you have any queries or complaints with regard our collection, use or management of your personal information, please contact:
A: Studio 12, 151 Foveaux Street Surry Hills NSW 2010
T: +61 2 82086000
(b) If you wish to make a complaint about an alleged breach of the Privacy Act, we ask that you send us your complaint in writing to the email address listed above. We endeavour to respond to complaints within a reasonable period (usually 30 days). If you are not satisfied with our response, you may make a complaint to the Office of the Australian Information Commissioner by phoning 1300 363 992 or by email at email@example.com.