Overview
Essential Assessment Pty Ltd ACN 662 767 866 trading as Essential Assessment (“Essential Assessment”, “we”, “us”, “our”) is committed to protecting your privacy. We have prepared this Privacy Policy to describe to you our practices regarding Personal Data (as defined below) we collect from users of our product accessible at www.essentialassessment.com.au and all related applications, platforms, services, products and websites (together the “Product”).
The processing of Personal Data shall always be in line with the Australian Privacy Principles (“APPs”) contained in the Privacy Act 1998 (“Privacy Act”), the General Data Protection Regulation (“GDPR”), and in accordance with country-specific data protection regulations applicable to Essential Assessment.
We have implemented a number of technical and organisational measures to ensure the most complete protection of Personal Data processed through the Product.
For the purpose of the GDPR:
• in respect of the Personal Data of the Product, that is not provided to us by Authorised Users (being teachers or staff and enrolled students) of our Subscribers (being learning institutions) the Data Controller is Essential Assessment;
• in respect of Personal Data of Authorised Users (being teachers or staff and enrolled students) of our Subscribers (being learning institutions) that use our Products, Essential Assessment may also process Personal Data on behalf of its Subscribers as a data processor or act as a joint data controller (as appropriate).
When working as a data processor Essential Assessment will be acting on the instructions of its Subscribers and will work hard to ensure that the Subscriber is fully GDPR compliant. You will need to review the privacy policy of that Subscriber as in this instance they will be the data controller, and we will only process Personal Data on behalf of our Subscribers in accordance with their instructions and not for our own purposes. Similarly, where we act as a data processor Essential Assessment has no direct control over the data collected by its Subscribers. This means that you should contact the Subscriber with any data controller requests. Where we act a joint data controller then we will share responsibilities with the Subscriber.
Definitions
Capitalised terms not defined in this Privacy Policy have the meanings given in our Product Terms and Conditions, unless otherwise inconsistent with the context. In addition, the following capitalised terms have the following meanings:
a) “Anonymous Data” means data that is not associated with or linked to your Personal Data;
Anonymous Data does not, by itself, permit the identification of individual persons. We collect
Anonymous Data and Personal Data, as described below.
b) “Personal Data” means any information that allows someone to identify you, including, for
example, your name, address, telephone number, e-mail address, as well as any other nonpublic information about you that is associated with or linked to any of the foregoing data.
c) “Sensitive Data” means Personal Data relating to a person’s physical or mental health, race or
religion.
User Consent
Where we rely on your consent as the lawful basis to process your data we will always ask for you to positively affirm your acceptance. By clicking “I accept the Privacy Policy” or similar, or if we indicate that by clicking a button you are accepting this Privacy Policy you acknowledge and agree to be bound by this Privacy Policy.
We note that certain contact or other data forms where consent is required to be given by you include no pre-checked checkboxes so that you are able to freely and affirmatively opt-in. In cases where we do not consider it practical to include a checkbox, we will indicate that by clicking a certain button you have agreed to the terms of this Privacy Policy. We will also provide you with notice on the Product specifically detailing what it is that you are consenting to in clear and plain language as well ensuring that each matter that requires consent is clearly distinguishable.
For all areas of the Product where consent is given it is just as easily able to be withdrawn through the appropriate account settings on the Product. If you believe that consent has not been given freely or in breach of the terms of this Privacy Policy please contact us.
Children
Our Product is not offered to persons who cannot form legally binding contracts under applicable laws (except where parental/guardian consent is given). You must also be old enough to consent to the processing of your Personal Data in your country (in some countries we may allow your parent or guardian to consent on your behalf).
If you are under the age of 18 (or such other age as required in your country to give consent) we require parental/guardian consent, and by agreeing to these terms, you represent and warrant that prior to accepting a parent/ legal guardian has also agreed to these terms on your behalf.
Any information that is in breach of this provision will be deleted.
Use of Your Personal Data
In general, Personal Data you submit to us is used either to respond to requests that you make, or to aid us in providing the Product in a personalised, safe and efficient manner. We collect, use, store and share your Personal Data in the following ways:
• to conduct our business;
• to facilitate the Product and to enable the features of the Product to be utilised and enjoyed, subject always to our Terms and Conditions;
• to operate the Product and provide services or information to you including to:
o allow your account to be set up; o assist in streaming and personalising information for you;
o enable us to process your orders for the Product;
o enable us to process your personal data;
o facilitate the interaction between students, teachers and family members;
o manage our relationship with you, including information about similar products or terms and conditions or send you an email reminder that a task you have performed on our Product remains uncompleted such an incomplete form;
o enable you to communicate with us regarding your use of the Product;
o confirm your identity;
o notify you about activity on and updated to your account or your child’s account;
o providing educational assessment and curriculum resources to students and teachers; o provide information about you to our contractors, employees, consultants, agents or other third parties for the purpose of providing the services to you;
o communicate with you about your account, or any transaction;
o allow you to input data into the Product; o allow your use to be restricted and limited as required;
• administer contracts including to negotiate, execute and or manage a contract with you;
• on an aggregated non-identifiable basis, to: o help Essential Assessment understand its market position;
o assist with marketing our Product to others, including in respect of any online advertising; and
o deliver a statistical result to help with general Essential Assessment announcements;
• for any marketing purposes;
• to facilitate the creation of and security of your account;
• identify you as a user in our system; • research, develop and improve our Product;
• customise content to match your preferences; • prevent suspended users from re-registering;
• send you a welcome e-mail to verify ownership of the e-mail address provided when your account was created (or other registration process in place); • provide you with access to protected areas of the site and to authenticate your account;
• send you administrative e-mail notifications, such as security or support and maintenance advisories;
• respond to your inquiries and requests;
• to make telephone calls to you, from time to time, as a part of secondary fraud protection or to solicit your feedback;
• to send newsletters, surveys, offers, and other promotional materials related to our Product and for other marketing purposes of Essential Assessment;
• detect, investigate and prevent potentially unlawful acts or omissions or acts or omissions with the potential to breach our Terms and Conditions, this Privacy Policy or any other policy;
• enforce our Terms and Conditions, this Privacy Policy or any other policy;
• verify information for accuracy or completeness (including by way of verification with third parties);
• comply with our legal obligations, a request by a governmental agency or regulatory authority or legally binding court order;
• combine or aggregate your Personal Data with information we collect from third parties and use it for the purposes set out this Privacy Policy;
• aggregate and/or make anonymous your Personal Data, so that it cannot be used, whether in combination with other information or otherwise, to identify you;
• resolve disputes and to identify, test and resolve problems;
• notify you about the Product and updates to the Product from time to time;
• supply you with generalised, targeted or personalised marketing, advertising and promotional notices, offers and communications, and measure and improve our marketing, advertising and promotions based on your ad customisation preferences; or
• protect a person’s rights, property or safety. If you access the Product from a shared device or a device of a third party (such as in an internet café), your Personal Data may also be available to other persons who access that device.
Where you can find more information
If you have any questions about our Privacy Policy, you can reach out to us directly at the contact details below and we would be more than happy to help.
If you receive marketing communications from us (as further explained in this Privacy Policy), you will always have the option to “unsubscribe” by simply clicking the link in the relevant email or by contacting us.
Download our complete Privacy Policy here.
Information about links
Our website might link to external websites, which we have no control over. Please be careful to protect your privacy when visiting these websites.
Our contact details:
office location: Level 22, 120 Spencer Street, Melbourne, Victoria 3000
email: [email protected]
phone: 1300 449 025
