Date of Last Revision: 13 February 2019
We are committed to protecting your privacy and ensuring that we comply with the provisions of the relevant legislation regarding in the jurisdictions that we operate in to the extent that they apply to us, including the:
- Privacy Act 1988 (Australia)
- Data Protection Act 1998 (United Kingdom) and General Data Protection Regulation (EU)
The Personal Information Protection and Electronic Documents Act (Canada)
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.
1. Important Information
1.2 Contact Us
- Australia: Level 1, 103 Miller Street, North Sydney, NSW 2060
- USA: Ai-Media Inc, 160 Swiss Ave, San Francisco, CA 94131
- Canada: 545 King Street West, Toronto ON M5V 1M1
We set out at section 11 the contact details for our UK office, for residents of the European Union.
2. What type of Information We Collect
2.1 Personal Information
Generally, personal information is information or an opinion about an individual who is reasonably identifiable.
The types of personal information we collect from you depend on the circumstances in which the information is collected.
We may collect details including your name, address, email address, location of country, phone numbers and your date of birth / age. We may also collect answers you provide to questions we ask and other information in relation to your dealings with us.
We may collect the following personal information:
- User names and contact details including name, email addresses, phone number and addresses, date of birth/age. We may combine this with publicly available information (such as social media sites);
- Collect questions and answers that you provide, and other information, in your dealings with us including when emailing, telephoning or on chat transcripts between users and captioners;
- Web page and email activity (including information about our web pages you have visited and which emails you have opened and clicked); and
- Audio content, video content and metadata, to the extent they contain personal data.
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.
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 relevant law.
In addition to the types of personal information identified above, we may collect personal information as otherwise permitted or required by law.
2.2 Navigational Information
Navigational information refers to information about your computer, mobile phone and your visits to our websites and applications such as your IP address, geographical location, browser type, referral source, duration of visit and pages viewed. Some of this information may be considered personal information.
A cookie is a small text file that a website saves on your device when you visit the site. It enables the website to remember your actions and preferences (such as login, language, font size and other display preferences) over a period of time, so you don’t have to keep re-entering them whenever you come back to the site or browse from one page to another. Cookies can also be used for online behavioral target advertising and to show adverts relevant to something that the user searched for in the past.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify the settings in your browser to decline cookies if you prefer.
If you do choose to decline cookies, you may not be able to fully experience the interactive features of our websites or the pages you visit. By tracking the websites and pages you visit, we are able to understand the most popular or most used areas of our websites.
2.4 Clear Gifs (Web Beacons/Web Bugs)
We employ a software technology called clear gifs, sometimes referred to as Web Beacons or Web Bugs. This technology helps us better manage our websites by informing us what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. In contrast to cookies, which are stored on a user’s computer hard drive or mobile, clear gifs are embedded invisibly on web pages or in emails and are about the size of the period at the end of this sentence. We use clear gifs in our HTML-based emails to let us know which emails have been opened by recipients. This allows us to gauge the interest in the content of our communications. We tie the information gathered by clear gifs in emails to our customers’ personal information, and you may opt-out of these emails at any time by sending an email to info at ai-media.tv.
2.5 Visible Classroom Application
The Visible Classroom Application may collect certain information from your mobile phone automatically, including, but not limited to, the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use the App. The Application does not collect precise information about the location of your mobile phone device.
3. How do we collect personal information from you?
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 or our agents or contractors;
- via our websites, Visible Classroom Application, or when you deal with us online (including through our social media pages);
- from publicly available sources (such as your personal data published on your company or organisation’s websites); and
- from third parties (for example, from referees if you apply for a position as an employee or contractor with us).
4. 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. 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; or
- as otherwise authorised or required by law.
In general, we collect, use and disclose your personal information so that we can do business with you and 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 you or to receive goods or services from you;
- to contact you about any promotions, competitions or special offers about our services, or those of our business partners;
- 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 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;
- improve your browsing experience by personalizing our websites; and
- to send information to you which we think may be of interest to you by post, email, or other means
5. How do we disclose personal information to?
This may include disclosing your personal information to the following types of third parties:
- our employees, and the related companies within our Group;
- our contractors and other third parties that provide goods and services to us (including website and data hosting providers, and other suppliers);
- our accountants, insurers, lawyers, auditors and other professional advisers and agents;
- to third parties that assist us in giving you the services, for example in respect of our Visible Classroom Application we may disclose personal information to the “University of Melbourne” who provide us with a report of users in respect of their teaching/speaking, and third-parties like “TranscribeMe” that assist us with providing transcriptions of lessons;
- otherwise to any third parties to whom you have directed or permitted us to disclose your personal information (e.g. referees);
- in the 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
- to social media sites, like Facebook, Google, Snapchat or Twitter to show you relevant and “targeted advertising”. To do this, we securely match email addresses with the social media platform via our third-party processor, HubSpot. The email addresses are only decipherable by the social media company if the email address is linked to an account on their site. If you don’t want to see our targeted advertising, you can set ad preferences in your social media companies’ settings, or you can contact us, or depending on the circumstance you can change your cookie settings for our websites;
- otherwise as permitted or required by law.
We also provide third parties with statistical information about our users, but this information will not be used to identify any individual user.
In respect of any personal information disclosed to third party contractors, we will take steps to ensure that those contractors are required to keep such information confidential, and are authorized only to use personal information in order to provide the services or to perform the functions required by Ai-Media, or to provide services to you.
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.
6. Information About Children
However, in respect of our Visible Classroom Application we note that there is the potential for certain personal information (like the name of a student) to be disclosed in the audio recording of a class by a teacher. Our Visible Classroom Application and service is targeted to adults, not children. We do not market or advertise to children using any of the personal data that could potentially be included in an audio recording uploaded to us through the Visible Classroom App.
Users of the Visible Classroom Application must ensure that they obtain the consent of students (or their parent/guardian), or otherwise have a lawful basis, in respect of the potential disclosure to us and our affiliates, of student personal information. Generally, we will be able to process any student personal information either due to our legitimate interest to do so or consent of the student or their parent/guardian (as applicable).
- We take adequate measures to protect the interests of student personal information:
- The audio recording is stored on the User’s mobile phone device until it is either deleted or uploaded to our servers, which we then securely store.
- We disclose the audio recording to either our employee/contractor transcriptionists (who are required to maintain the confidentiality of recordings), or to third-party transcriptionist service providers who we require to delete the audio recording we provide them.
- We use reasonable endeavours to anonymize the transcription of each lesson, by removing student responses and comments and generically identifying a student speaker as “<Pupil Name>”.
- If a User has requested a University of Melbourne report, then we only disclose the anonymized transcript to the University of Melbourne for the purposes of their report. We do not provide them the audio recording.
- After we send a User the transcripts and report, we delete the audio recordings from our systems.
7. How do we protect personal information?
We use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use or disclosure. For example, we have appropriate physical (such as restricting access to our offices) and computer and network security measures (such as firewalls) in order to protect your personal information from loss, misuse, alteration or destruction. We also limit access to information to authorised employees and contractors who need to know that information.
However, no Internet, email or other electronic transmission is ever fully secure or error free, so you should take special care in deciding what information you provide.
8. Direct Marketing and Unsubscribing
Ai-Media may use your personal information to market products and services to you or to inform you of any special offers, discounts or other information which are considered to be of interest to you. If you do not wish to receive future marketing, promotional or sales material from Ai-Media, you may use the unsubscribe link provided in contact information, or you may contact Ai-Media at any time by sending an email to firstname.lastname@example.org with the subject “Unsubscribe”. Ai-Media will, as soon as reasonably practicable after receiving your request, remove your contact details from its marketing database.
We might use information that we hold about you to show you relevant and “targeted advertising” through other companies’ sites, like Facebook, Google, Snapchat or Twitter for example. This could be showing you an Ai-Media advertising message. If you don’t want to see our targeted advertising, you can set ad preferences in your social media companies’ settings, or you can contact us, or depending on the circumstance you can change your cookie settings for our websites.
9. How can you access and correct personal information we hold about you?
You may seek access to personal information which we hold about you by contacting us. We will provide access to that information in accordance with the relevant law. If you become aware that any personal information we hold about you is incorrect or if you wish to update your information, please contact us.
If you provide us with your personal information, you have the following rights:
- To review the information that you have supplied to us
- To request that we correct any errors, outdated information, or omissions in user information that you have supplied to us
- To request that your information not be used to contact you
- To request that your information be removed from any solicitation list that we use
- To request that your user information be deleted from our records
10. Queries, comments and complaints about our handling of personal information
If you are in Australia, and 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.
11. Does personal information leave Australia?
In respect of our Australian company and the Privacy Act 1988 (Cth), that entity may disclose personal information outside of Australia to external service providers located overseas so that they can provide us with services in connection with the operation of our business, such as data storage services or online platforms for surveys to be conducted, and we may disclose personal information to our contractors that provide captioning/stenography services who are located outside of Australia, in connection with the operation of our business. Further, our Australian company may disclose personal information to its related companies located outside of Australia.
The countries that all the foregoing persons are located in include, among others, the USA, UK, Canada and Kenya.
12. Data Retention Policy
We will keep your personal data for the period required by law, and for the duration of the relevant business or other relationship we have with you, or otherwise for as long as we do the activities we told you about. We may also retain personal data for a longer duration should we need to retain it to protect ourselves against legal claims, use it for analysis or historical record-keeping.
In deciding on any retention period, we will consider what type of information it is, the amount collected, how sensitive it might be and any legal requirements.
13. Data Protection Act 2018 and General Data Protection Regulation (GDPR)
13.1 Lawful Basis
Our lawful basis for processing personal data includes:
- we have your explicit consent; or
- the processing is necessary to perform a contract with you or take steps to enter into a contract at your request;
- that it is necessary for the purposes of our legitimate interests, which include conducting direct marketing and other business purposes set out in section 4, which we consider as being reasonably expected and not causing you unwarranted harm. In particular, for personal data that we may have obtained from public sources (such as your personal data published on your company or organisation’s websites) we process that personal data for our legitimate interests in direct marketing, which we would consider to be reasonably expected and not causing unwarranted harm; or
- to comply with our legal obligations.
Ai-Media may transfer personal data to countries or organisations outside of the European Union, in the following circumstances:
- with members of the Ai-Media group of companies;
- to external service providers so that they can provide us with services in connection with the operation of our business, such as data storage services or online platforms for surveys to be conducted,
- to our contractors that provide captioning/stenography service, in connection with the operation of our business.
Depending on the circumstances, such transfers may be made on the basis of ‘adequacy decisions’ in respect of Canada and USA, where have agreements in place with certain providers adopting standard data protection clauses, or otherwise where we have your consent, it is necessary for us to perform a contract we have with you, or we have some other basis under the relevant provisions of the GPDR.
13.3 Your rights
Subject to the applicable law, you have the following rights available to you in respect of your personal data
- to obtain a copy of your personal data together with information about how and on what basis that personal data is processed;
- to rectify inaccurate personal data (including the right to have incomplete personal data completed);
- to erase your personal data;
- to restrict processing of your personal data if you believe we have exceeded the legitimate basis for processing, processing is no longer necessary, or your personal information is inaccurate;
- to receive the personal information as data in machine-readable format when we justify our processing on the basis of your consent or the performance of a contract with you;
- to withdraw your consent to our processing of your personal data (where that processing is based on your consent),
- to object to the processing of your personal data (where we are doing so on the basis of legitimate interests) and an absolute otherwise to request that we stop direct marketing communications to you; and
- to obtain, or see a copy of the appropriate safeguards under which your personal data is transferred to a third country or international organization.
- to lodge a complaint with your local supervisory authority for data protection if your privacy rights are violated or you have suffered from an unlawful processing of your personal data, where in the UK this is the Information Commissioner’s Office.
In relation to all of these rights, please contact Ai-Media’s Data Protection Officer, Sue Sanossian via email@example.com or write to Access Innovation Media UK Ltd at 6 Hay’s Lane London, SE1 2HB. Please note that we may request proof of identity, and we reserve the right to charge a fee where permitted by law, especially if your request is manifestly unfounded or excessive. We will endeavor to respond to your request within all applicable timeframes.
To learn more about your rights under GDPR, check out the European Commission’s page at https://ec.europa.eu/info/law/law-topic/data-protection_en