Introduction Best Performance Pty Ltd ABN 98 109 828 159 (“we”, “our” and “us”) is committed to responsible privacy practices and to complying with the Privacy Principles contained in the Privacy Act 1988 (Cth) (“Privacy Act”) to the extent they apply to us.
What is personal information?
What types of personal information do we collect?
The types of personal information we collect from or about you depend on the circumstances in which the information is collected.
We may collect contact details including your name, address, email address, phone numbers and your date of birth / age, including in your capacity as a student as part of class lists that we receive from schools to whom we provide services. We may also collect answers you provide to questions we ask and other information in relation to your dealings with us.
We collect other student data such as actual test results, provided to us by schools who receive this data from the Australian Curriculum, Assessment and Reporting Authority. We collect from schools data about students in the form of results in sample tests. We also collect information about teachers with whom we work, including names and email addresses.
If you apply for employment with us, we may also collect information for the purpose of considering your application including your qualifications and resume as well as reference information from your nominated referees.
If you are an individual contractor to us, we may also collect information relevant to your engagement with us including qualifications, work history, resume, reference information from your nominated referees, bank details, feedback from supervisors and training records.
Except as described in this section, we do not generally require you to disclose any sensitive information (e.g. details of race, religious belief, sexual orientation or membership of a trade union) to us. If you do provide us with sensitive information for any reason, you consent to us collecting that information and using and disclosing that information for the purpose for which you disclosed it to us and as permitted by the Privacy Act and other relevant laws.
In addition to the types of personal information identified above, we may collect personal information as otherwise permitted or required by law.
How do we collect your personal information?
We collect personal information in a number of ways. The most common ways we collect your personal information are:
- directly from you when you provide it to us;
- from schools, who collect the personal information from you, or receive it from a government departments or authorities, including the Australian Curriculum, Assessment and Reporting Authority;
- via our website or when you deal with us online (including through our social media pages); • from publicly available sources;
- from third parties (for example, from referees if you apply for a position as an employee or contractor with us).
For what purposes do we collect, use and disclose your personal information?
The purposes for which we use and disclose your personal information will depend on the circumstances in which we collect it. Whenever practical we endeavour to inform you why we are collecting your personal information, how we intend to use that information and to whom we intend to disclose it at the time we collect your personal information. If the information has been collected by another party, such as a school, and provided to us, we endeavour to ensure that that third party has provided you with adequate information at the point of collection having regard to applicable legal requirements.
We may use or disclose your personal information:
- for the purposes for which we collected it (and related purposes which would be reasonably expected by you);
- for other purposes to which you have consented (whether that consent has been provided to us or provided to a third party who has collected the information and is providing the information to us); and
- as otherwise authorised or required by law. In general we collect, use and disclose your personal information for purposes connected with our business operations. Some of the specific purposes for which we collect, use and disclose personal information are:
- to respond to you if you have requested information (including via our websites or via an email or other correspondence you send to us);
- to provide goods or services to our customers such as schools, or (directly or indirectly) to you;
- to analyse the personal information for the purpose of good and services provided to our customers;
- to administer rewards, surveys, competitions or other promotional activities or events conducted, sponsored or managed by us or our business partners;
- to enable you to use our apps and other applications that you download;
- to enable you to participate in any loyalty or incentive programs that we operate;
- to improve our goods and services;
- to verify your identity, address and age or eligibility to participate in a marketing activity;
- to consider you for a job with us (whether as an employee or contractor) or in the context of other relationships with us;
- to address any issues or complaints that we or you have regarding our relationship; and
- to contact you regarding the above, including via electronic messaging such as SMS and email, by mail, by phone or in any other lawful manner.
What happens if you don’t provide personal information?
Generally, you have no obligation to provide to us any personal information requested by us. However, if you choose to withhold requested personal information, we may not be able to do provide you with the products and services requested or allow you to participate in the marketing activities that depend on the collection of that information.
To whom do we disclose personal information?
This may include disclosing your personal information to the following types of third parties:
- our employees and related bodies corporate;
- our contractors and other third parties that provide goods and services to us (including website and data hosting providers, and other suppliers);
- our customers, including customers who have provided your personal information to us in the first place, in order to provide services to those customers;
- our accountants, insurers, lawyers, auditors and other professional advisers and agents;
- payment system operators;
- if you are an individual contractor to us or a prospective employee, to our related companies and HR related service providers (e.g. for outsourced payroll processing);
- any third parties to whom you have directed or permitted us to disclose your personal information (e.g. referees);
- in the unlikely event that we or our assets may be acquired or considered for acquisition by a third party, that third party and its advisors;
- third parties that require the information for law enforcement or to prevent a serious threat to public safety; and
- otherwise as permitted or required by law. Where we disclose your personal information to third parties
we will use reasonable efforts to ensure that such third parties only use your personal information as reasonably required for the purpose we disclosed it to them and in a manner consistent with the Privacy Principles under the Privacy Act.
If you post information to public parts of our websites or to our social media pages, you acknowledge that such information (including your personal information) may be available to be viewed by the public. You should use discretion in deciding what information you upload to such sites.
Does personal information leave Australia?
We do not disclose your personal information outside of Australia. Your personal information will not leave Australia from us. We also do not permit other people to disclose your personal information outside of Australia.
How do we protect personal information?
Bi monthly, we review the user database to determine if there are any unauthorised accounts.
Accuracy of the personal information we hold
We try to maintain your personal information as accurately as reasonably possible. We rely on the accuracy of personal information as provided to us both directly (from you) and indirectly.
Links, cookies and use of our websites and applications
We may use “cookies” and similar technology on our websites and in other technology applications. The use of such technologies is an industry standard, and helps to monitor the effectiveness of advertising and how visitors use our websites/applications. We may use such technologies to generate statistics, measure your activity, improve the usefulness of our websites/applications and to enhance the “customer” experience.
How can you access and correct personal information we hold about you?
Queries, comments and complaints about our handling of personal information
When contacting us please provide as much detail as possible in relation to your question, comment or complaint.
We will take any privacy complaint seriously and any complaint will be assessed with the aim of resolving any issue in a timely and efficient manner. We request that you cooperate with us during this process and provide us with any relevant information that we may need.
If you are not satisfied with the outcome of our assessment of your complaint, you may wish to contact the Office of the Australian Information Commissioner.
How can you contact us?
Please address all privacy complaints to:
- Attention: The Managing Director Best Performance Pty Ltd Suite 2B / 151 Herdsman Parade, Wembley 6014
If you wish to seek access to or correct or update any personal information we hold about you, or to unsubscribe from our direct marketing, you can also contact us using the contact details listed above.