Resilient Youth Australia Privacy Policy

Overview

Resilient Youth Australia Pty Ltd (ABN: 19636065711) “Resilient Youth” respects the privacy of all individuals and, most importantly, students.

This Privacy Policy outlines Our approach to privacy and how We collect, store, use and protect both Identifying Information and Personal Information.

We are bound by the Australian Privacy Principles contained in the Privacy Act 1988 (Cth) which includes the Australian Privacy Principles, the Fair Work Regulations 2009 (Cth), Privacy and Data Protection Act 2014 (Vic) and the Health Records Act 2001 (Vic).

This is an Australian website and Australian-made Product that is subject to the laws of Australia. If You are resident of another country where other laws such as the Family Educational Rights and Privacy Act (“FERPA”), Children's Online Privacy Protection Rule (“COPPA”), and the General Data Protection Regulation (“GDPR”) apply, please ensure that You are satisfied with this Privacy Policy and Terms and Conditions of Use Policy, or contact Us for further details.

Please note that this Privacy Policy forms part of the Terms & Conditions of Use Policy found on Our website and should be read in conjunction with it.

If You are under the age of 18, please be sure to read this Privacy Policy with a parent or guardian.

We may update this Policy from time to time without notice if Our information collection practices change. You are advised to regularly check this Policy on Our website for any updates.

Our primary mission is to increase the resilience and wellbeing of school students by providing world class survey instruments to Principals and Schools to use to build a cohort-based picture of their student populations.

This Privacy Policy governs Your use of the “Product”. The Product is owned and operated by Resilient Youth Australia Pty Ltd.

We are committed to the protection of Your privacy while You use the Product. This Privacy Policy only applies to the Product. The Product may contain links to other websites or applications, but if that is the case, the Privacy Policy does not apply to any of those linked websites or applications.

We gather certain information from users of the Product, so this Privacy Policy explains what information We collect, how We use it, and Your rights in relation to it.

By continuing to use the Product You acknowledge that You have had the chance to review and consider this Privacy Policy, and that You acknowledge that You agree to it. This means that You also consent to the use of Your information and the method of disclosure as described in this Privacy Policy. If You do not understand the Privacy Policy or do not agree to it then please do not use the Product.

1. DEFINITIONS

“Company IP” includes, but is not limited to the contents, layout, design, colours, appearance, graphics and imagery, data and data visualisation of the Product, Content, Goods and Materials as well as all copyrights, trademarks, trade secrets, patents and other Intellectual Property contained in the Product.

“Content” means any content, writing, images, audiovisual content or other information or visualisation published on the Product.

“Data Services” means those Services consisting of hosted data aggregation and analytics and related services including “Output” (see below).

“Effective Date” means the date that this Privacy Policy comes into force.

“Goods” means any or all goods provided by Resilient Youth, including on or through the Product website or delivered in-person.

“Identifying Information” means information collected from You or volunteered by You when You register to use the Product, such as information that You provide during a sign-up process, purchase an item from Our website, access Our helpdesk, or at other times while using the Product. This is distinct from “Personal Information”.

“Materials” means any materials, information or documentation that We may provide to You in connection with Your use of the Product including documentation, data, information developed by Us or owned by Us, and other materials which may assist in Your use of the Product.

“Output” means the output generated by You from Our Product.

“Parties” means both You (the user of the Product) and Us (the owner of the Product) collectively.

“Personal Information”, which We do not collect, refers to information or an opinion about an identified person or person who is reasonably identifiable, that could otherwise be collected from You when participating in one of Our cohortbased survey Products.

“Privacy Policy” means this privacy policy.

“Product” includes all “Content”, “Data Services”, “Goods”, “Materials”, “Output”, “Resilient Youth Technology” and “Services” and also includes the website including all pages, all subpages, all blogs, all forums, all other connected pages and all other connected internet content whatsoever, the home page or main page of which is located at https://resilientyouth.org, https://rysurvey.org , https://portal.resilientyouth.org and associated websites.

“Resilient Youth Technology” means all Resilient Youth proprietary software and other technology with respect to the Services including Data Services, all documentation relating to the Services (both printed and electronic), and any derivatives, improvements, enhancements, upgrades and updates.

“School staff and parents” refers to school staff and parents of students who use the website.

“Services” means any or all services provided by or on the Product.

“Student” means a student user of the website.

“Third Party Links” means links or references to websites other than the Website, to content other than the Content or to materials other than the Materials, none of which are controlled by Us.

“Third Party Service Provider” means a third party, separate from Us or Our company but which provides services that assist Us in serving You. This may include but is not restricted to web hosting, IT services, security services, payment processing, deliveries, customer service, order fulfilment or other services.

“Us”, “We”, “Our”, “the Company”, “the Owner” or “Resilient Youth” refers to Resilient Youth Australia Pty Ltd and includes any employees, affiliates, agents or other representatives of Resilient Youth Australia Pty Ltd.

“You” or “Your” refers to the user of Our website.

“Your Content” means any Content posted to or added to the Website, Content or Materials by You or by somebody authorised by You or doing so on Your behalf.

2. INTERPRETATION

a. In this Privacy Policy, unless the context otherwise requires, the following rules of interpretation shall apply:

i. Words referring to one gender include every other gender.

ii. Words referring to a singular number include the plural, and words referring to a plural include the singular.

iii. Words referring to a person or persons include companies, firms, corporations, organisations and vice versa.

iv. Headings and titles are included in this Privacy Policy for convenience only and shall not affect the interpretation of this Privacy Policy.

v. Any obligation on a Party not to do something includes an obligation not to allow that thing to be done.

b. Each Party must, at its own expense, take all reasonable steps and do all that is reasonably necessary to give full effect to this Privacy Policy and the events contemplated by it.

3. STUDENT INFORMATION AND HOW IT IS COLLECTED

Our cohort-based survey Products do not collect Personal Information from Students that identifies You personally. This includes but is not limited to Our Products such as the ‘Resilience Survey’, ‘No Bullying Survey’, and other surveys developed with third parties.

Our cohort-based survey Products do not collect Personal Information from Students where “Personal Information is information or an opinion about an identified person (or a person who is reasonably identifiable)” and the term ‘reasonably identifiable’ is determined by “i. the nature and extent of the information, ii. how the information was received, and iii. whether it’s possible for you to identify the person from resources you hold (including other information available to you)” and where “personal information doesn’t include anonymous information, aggregated information, de-identified information is not reasonably capable of re-identification” [Privacy Act 1988 (Cth)].

However, Our cohort-based survey Products do collect perceptions which consist of thoughts and opinions about aspects of Students lives and Your school’s educational environment. This information is anonymous, non-identified and not reasonably capable of re-identification. Once collected, We aggregate information into cohort-level reports by gender and set a minimum number of responses before a report will be generated to ensure that this information cannot be used to identify a specific individual.

The evidence-base so collected and reported can be used by educators to make decisions for the continuous improvement of the wellbeing of their students and employees, to identify strengths and challenges for a cohort, assess the efficacy of school initiatives, reduce inequalities in various student populations, help determine effective allocation of scarce educational resources, satisfy the school’s legal obligations in respect of duty of care, and improve classroom instruction techniques.

When a Principal chooses to establish an evidence-base upon which to make decisions for the continuous improvement of the wellbeing of their students and employees, they may choose to utilise for a fee one or more of Our Survey Products or Services. In this case their own school’s ethics policies and procedures apply.

It is the responsibility of the Students’ school to have in place any necessary parental consent or provide any necessary required disclosures to parents and carers prior to survey commencement.

4. STAFF/PARENT INFORMATION AND HOW IT IS COLLECTED

a. Our cohort-based survey Products do not collect Personal Information from Staff or Parents that identifies You personally. This includes but is not limited to Our Products such as the ‘Staff Resilience Survey’, the ‘Parent Resilience Survey’, and other surveys developed with third parties.

b. When You use the Product, We may collect Identifying Information from You through automatic tracking systems (such as information about Your browsing preferences). In addition, We may collect Identifying Information that You volunteer to Us (such as information that You provide during a sign-up process, purchase an item from Our website, access Our helpdesk, or at other times while using the Product).

c. In order to access all of the features of the Product, You may be required to register as a user of Our website. During the registration process, We collect some of Your Identifying Information, in the following manner:

i. We will not collect information that identifies You personally, except when You specifically volunteer that information to Us.

ii. The information that We will collect from You at registration may include: Your name, work email address, work phone number, role at work, work mailing address, and credit card details where applicable.

iii. By undergoing the registration process, You consent to Us collecting Your Identifying Information, including the Identifying Information described in this Section. You also consent to Us collecting any other Identifying Information as well as storing, using or disclosing Your Identifying Information in accordance with this Privacy Policy.

d. In order to access some specific features of the Product, You may be required to provide some Identifying Information. During this process, We may collect some of Your Identifying Information, when You are:

- making purchases;

- receiving notifications by text or email about events or promotions;

- receiving general emails from Us;

- commenting on Our content such as blogs, articles, photographs or videos, or participating in Our forums, bulletin boards, chat rooms or other similar features;

- participating in surveys.

In addition to any Identifying Information that You may be required to provide in order to access these additional Product features, in some cases You may be required to provide more specific information. For example, in order to make purchases, You may need to provide credit card information, billing information and postal address.

e. From time to time We may request information from You to assist Us in improving Our Product. For example, We may ask You to answer some questions about Your demographics, Your shopping preferences, or Your other preferences in relation to the Product.

f. We use social networking services such as Facebook and Instagram to communicate news with the wider education community and the public. When someone communicates with us using these services, We may collect Identifying Information, but it is only used to help us communicate with the person and the education community and the public. The social networking service may also handle personal information for its own purposes. These services have their own privacy policies which can be found on their websites.

5. COOKIES

a. Cookies are small files stored on Your computer or mobile device which collect information about Your browsing behaviour.

b. Cookies do not access information which is stored on Your computer.

c. Cookies enable us to tailor Our configurations to Your needs and preferences, in order to improve Your user experience.

d. Most internet browsers accept cookies automatically, although You are able to change Your browser settings to control cookies, including whether or not You accept them, and how to remove them. You may also be able to set Your browser to advise You if You receive a cookie, or to block or delete cookies. However, if You do this, You may be prevented from taking full advantage of the Product.

6. HOW YOUR INFORMATION IS STORED

a. Please note that no systems involving the transmission of information via the internet, or the electronic storage of data, are completely secure. However, We take the protection and storage of Your Identifying Information very seriously. We take all reasonable steps to protect Your Identifying Information.

b. We use appropriate physical, digital, managerial and security systems to store information and to protect it against unauthorised access, destruction or disclosure.

c. Our survey Product data is stored on Amazon servers (AWS), located in Sydney Australia. Please refer to Our ‘Summary Data Policy’ and Our ‘IT Security Policy’ for more information.

7. DATA BREACH

In the event of a data breach, Resilient Youth will adhere to the applicable regulations. Upon discovery or notification of any unauthorised access disclosure, Resilient Youth will take immediate measures to safeguard and prevent further dissemination of any data.

8. THIRD PARTIES

a. We may provide some of Your Identifying Information from time to time to Third Party Service Providers so that they can help Us to serve You via the Product. In particular, We may use Third Party Service Providers to assist with information storage (such as cloud storage).

d. We may provide some of Your Identifying Information to Third Party Service Providers for the purpose of analysing data or tracking usage. For example, We may use these services to find out where page requests come from, dates and times of page requests, details of any website that referred You to the Product and other details about Your usage of the Product. This information enables Us to understand patterns of usage of the Product, and to improve the Product.

e. We may use Third Party Service Providers to host the Product or to resell or onsell the Product. If this occurs, that Third Party Service Provider is likely to have access to some of Your Identifying Information.

f. We may use Third Party Service Providers to fulfil orders in relation to the Product.

g. For Your information, some of Our Third Party Service Providers may be located outside Australia (such as Google) and may not be subject to Australian privacy laws. The countries in which Our Third Party Service Providers may be located include USA.

h. Your Identifying Information will not be sold or otherwise transferred to other third parties without Your approval.

i. Notwithstanding the other provisions of this Privacy Policy, We may provide Your Identifying Information to a third party or to third parties in order to protect the rights, property or safety, of Us, Our customers or third parties, or as otherwise required by law.

j. We will not knowingly share Your Identifying Information with any third parties other than in accordance with this Privacy Policy.

9. HOW YOUR INFORMATION IS USED

Generally, Resilient Youth only uses and discloses information for the purpose for which it was collected, namely, to provide a service to You, to enhance the services We provide, and to generate anonymous, non-identified, aggregated data analysis. Specifically, where Identifying Information is collected, We use it to help Us improve Your experience with Our Product. We may use Your Identifying Information for purposes including but not limited to:

i. order fulfilment or providing customer service to You.

iii. marketing and advertising to You including both direct and indirect marketing and advertising and including marketing and advertising about products based on Your personal preferences or demographics.

iii. advising You about updates to the Product.

10. MERGER, RESTRUCTURE OR SALE OF OUR BUSINESS

a. Part or all of Our business may be merged, restructured or sold including but not limited to through an ordinary sale of business or of stock, a corporate reorganisation, a change in control, bankruptcy or insolvency proceedings.

b. In the event that such a merger, restructure or sale occurs as described in the preceding sub-clause, We may transfer Your Identifying Information as part of that merger, restructure or sale.

11. INFORMATION YOU RELEASE

You acknowledge and agree that if You publish or submit Identifying Information in publicly accessible sections of the Product (such as forums, bulletin boards, chat rooms, or other similar sections), then You are solely responsible for the release of that Identifying Information and We are not liable or responsible in relation to the release of that Identifying Information.

12. EMAIL OPT IN/OUT

If You receive an email from Us in relation to the Product and would prefer not to receive such correspondence in the future, You may follow the instructions in the email to opt out of future correspondence. You may also contact Us, using the details at the bottom of this Privacy Policy, in order to opt out of future correspondence. We will make all reasonable efforts to promptly comply with Your requests. However, You may receive subsequent correspondence from Us while Your request is being handled.

13. ACCESSING, UPDATING AND CORRECTING YOUR IDENTIFYING INFORMATION

a. You have the right to request access to any of Your Identifying Information which We are holding.

b. You have the right to request that any of Your Identifying Information which We are holding be updated or corrected.

c. In order to request access, an update or a correction to Your Identifying Information, You may contact Us using the details at the end of this Privacy Policy.

14. DISCLAIMER REGARDING SECURITY

By continuing to use the Product, You agree to the terms of this Privacy Policy. You acknowledge, agree and accept that no transmission of information or data via the internet is completely secure. You acknowledge, agree and accept that We do not guarantee or warrant the security of any information that You provide to Us, and that You transmit such information at Your own risk.

15. CHANGES TO THIS POLICY

a. We will review and may update this Privacy Policy from time to time.

b. If We make changes to this Privacy Policy, Your continued use of the Product after the date that the changes take effect confirms that You acknowledge, accept and agree to those changes.

16. COMPLAINTS

We take customer satisfaction very seriously. If You have a complaint We will endeavour to handle it promptly and fairly. For Your information, an overview of Our complaints handling procedure is as follows:

i. Complaints should be addressed to Privacy Officer, Resilient Youth Australia Pty Ltd 1/253 Hampton St Hampton Vic Australia or email Us at: helpdesk@resilientyouth.org

ii. All complaints should be provided in writing either by email or regular mail, using the contact details at the end of this Privacy Policy. Describe the nature of Your complaint including any relevant dates, people involved, any consequences that have occurred, and what You believe should be done to rectify the issue. We will endeavour to respond as soon as practicable.

iii. If You are not satisfied with Our response to Your complaint, You may refer Your complaint to the relevant external dispute resolution organization.

17. CONTACT US

You can contact Us about this Policy using the following details:

i. By Mail:

Resilient Youth Australia Pty Ltd

1/253 Hampton St Hampton 3188 Victoria Australia

ii. By Email:

helpdesk@resilientyouth.org