– DATED 6 AUGUST 2019
Purpose Of This Privacy Notice
Can Do Kids Band respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data and tell you about your privacy rights and how the law protects you. This privacy notice also provides information about how Can Do Kids Band collects and processes your personal data, which we receive from the subscribing Institute (e.g. teachers or school administrators that purchase access to our website for their students and teachers) or from individual parents or caregivers or other Authorised Users, to use the Can Do Kids Band services. We do, of course, permit children (being an individual under the age of 16) to use our services, however, registration must be made and managed by the parent or caregiver directly or the authorised representative of a subscribing Institute, following the consent of the child’s parent(s) or caregivers. It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide, on specific occasions when we are processing personal data about you, so that you are fully aware of how and why we are using your data. This privacy notice supplements the other
notices and is not intended to override them.
APWWT is a joint controller, along with the subscribing Institute, and therefore both parties are responsible for your personal data. We have appointed a data protection officer (DPO), who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact the DPO using the details set out below. Email address: firstname.lastname@example.org
- Who we are;
- What personal information we may collect about you;
- How we may collect your personal information;
- How we will use the personal information we collect about you;
- When we may use your personal information to contact you;
- Whether we will disclose your personal information to anyone else;
- How you can request access to, or correction of, your personal information
that we hold; and
- How we store and keep your information secure
- How you can make a privacy complaint and how we will deal with your
Who Are We?
www.candokidsband.com is a website operated by Amazing People Worldwide Trust (APWWT), a global organization that helps individuals and businesses achieve their full potential.
You can contact us at our registered office Suite 204, Eastside Tower, 6
Waterfront Place, Robina, Queensland, 4226, Australia.
What Information Will APWWT Collect About Me?
We also collect personal information about your interactions with us, including
any contact we have with you by telephone, email or online.
By providing your personal information you enable APWWT (and where
applicable its contractors) to provide you with services, information and
content. You do not have to provide your personal information to us but, if you
do not provide the information requested, we may not be able to provide you
with the services, information or content you have requested.
APWWT takes its privacy and data security obligations seriously.
The information collected from you by the Amazing People Worldwide Trust includes:
Your name, contact email and the age of the children/students and/or their school/group category.
We may receive, use and store different kinds of personal data about you which we have grouped together as follows:
Category Of Personal Data
- Identity Data includes name.
- Contact Data includes email address.
- Profile Data includes a username and password, feedback and survey responses.
- Technical Data includes internet protocol (IP) address of your device, your login data, browser type and version, temporary or persistence unique device identifiers, mobile operating system type, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website and/or application.
- Usage Data includes information about how you use our website and services including number of visits, length of consultations, interaction with the website pages (i.e. clicking page links).
- Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
If You Fail To Provide Personal Data
Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, this may affect the functionality of our website for you. In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
How Will APWWT Collect Your Infprmation?
We generally collect personal information from you if you choose to provide your details through our websites, social media sites, apps and e-commerce platforms.
We may also collect personal information from you in person (for example when you attend our trade shows, seminars, events or otherwise liaise with our employees).
Sometimes, we may collect your personal information from someone else such as our related companies, agents, representatives or service providers and your organisation and representatives.
Some of the personal information we collect is collected pursuant to applicable laws or contracts. For example, when conducting competitions we collect names and contact details of entrants to ensure we can meet our obligations under laws about ‘trade promotions’ (e.g. the Lotteries and Art Unions Act 1901 (NSW)).
How Will APWWT Use The Information It Collects About Me?
We will only use your personal data when the law allows us to. APWWT will collect, hold and use your personal information for a number of purposes based on your consent, or legitimate interest, or performance of contractual obligations, or for compliance with legal obligations, including the following:
- to provide services, events, activities, information and content to deal with your requests and enquiries;
- to provide you, or permit selected third parties to provide you, with information about our services, activities and events where you have requested to receive this (if you no longer want us to use your information in this way please use the unsubscribe facility in the message or let us know by contacting us at the address in the “Who are we?” section above);
- to analyse and improve the services (and content) we offer and the events and activities we undertake;
- to personalise the way we engage with you (for example, by analysing information about your previous interactions with us, we can provide you with more tailored services and content);
- for service administration purposes e.g. to provide you with a password or to notify you that a particular service, event or activity is taking place;
- to contact you about a submission, article or correspondence that you have made or sent;
- to verify, maintain and update information we hold;
- to carry out our obligations arising from contracts entered into between you and us, or to take requested action in anticipation of such a contract;
- for purposes relating to law enforcement and investigations, protecting our lawful interests and acquisition or sale of our business;
- as required or authorised by applicable law; and
- any other purposes notified to you at the relevant time.
We have set out below, in a table format, a description of the possible ways in which we may use your personal data, and which of the legal bases we rely on to do so.
Note that we may process your personal data for more than one lawful ground, depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data, where more than one ground has been set out in the table below.
|Purpose/Activity||Type of data||Lawful basis|
|To provide access to our goods and services and for updates about our goods and services.||a. Identity
|To administer and manage accounts, respond to questions raised by the subscribing Institute, to contact the subscribing Institute about any problems with their account or conduct on the website.||a. Identity
|a. Performance of a contract with you.
b. Necessary for our legitimate interests.
|To manage our relationship with you which will include:
|a. Necessary for our legitimate interests (to improve the services provided).|
|To internally review and evaluate the quality of services.||a. Identity
|a. Performance of a contract with you.
b. Necessary to comply with a legal obligation.
|To enable you to complete a survey or provide feedback. We may use External Third Parties for the processing of data, and to assist in sending emails and other correspondence.||a. Identity
e. Marketing and Communications
|a. Performance of a contract with you.
b. Necessary for our legitimate interests (to study how customers use our products and services, to further develop them and grow our business)
|To administer and protect our business and website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data). We may use External Third Parties for the hosting of data, applications, and website and technical support of the same.||a. Identity
|a. Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise).
b. Necessary to comply with a legal obligation.
|To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you. We may use External Third Parties for the processing of data to assist in sending emails and other correspondence.||a. Identity
e. Marketing and Communications
|Necessary for our legitimate interests (to study how customers use our products/services, to further develop them, to grow our business and to inform our marketing strategy).|
|To use data analytics to improve our website and applications, products and services, marketing, customer relationships and experiences and to ensure our website and applications display and operate properly onyour devices.||a. Technical
|Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website and applications updated and relevant, to develop our business and to inform our marketing strategy).|
|To make suggestions and recommendations to you about services that may be of interest to you.||a. Identity
|Necessary for our legitimate interests (to develop our products and services and grow our business).|
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We have established the following personal data control mechanisms:
Promotional Offers From Us
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).
You will receive marketing communications from us if you have requested information from us or received services from us or if you provided us with your details when signed up or registered in the application or website and, in each case, you have not opted out of receiving such marketing communications.
We will not share, sell or trade your personal data with any third-party company for marketing purposes.
You can ask us to stop sending you marketing messages at any time by contacting us at email@example.com
APWWT uses a technology called ‘Cookies’ on its Can Do Kids Band website in order to deliver the best possible user experience. Cookies are files that are stored on your device each time you visit a website and enables understanding of your preferences and habits.
Cookies do not contain person-identifiable information. Can Do Kids Band website is set to ‘allow cookies’ and if you browse the site you consent to this. If you would prefer to deactivate cookies, you can do so by updating your browser settings. Please note that disabling cookies will limit the service that the Can Do Kids Band website can provide.
Can Do Kids Band uses this type of cookie:
- Strictly necessary cookies: These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website.
Will APWWT Disclose My Personal Information To Anyone Else?
We may disclose your personal information to:
- our related bodies corporate for the purposes described above;
- third party companies which APWWT may have commercial or non- commercial relationships with for the purpose of promoting our products;
- our agents or service providers who assist us with technical infrastructure solutions, customer contact processes and archival, auditing, accounting, legal, business consulting, banking, payment, delivery, data processing, marketing, insurance, advertising and website or technology services;
- regulatory and law enforcement authorities or parties involved in any legal process (e.g. in connection with complaints, claims, investigations, misconduct, criminal activity and security breaches);
- any other entities identified at the time of collecting your personal information, or as permitted by law.
Some of these parties are located in countries other than Australia, including the United Kingdom. Where we disclose your personal information to a recipient outside your jurisdiction, we use various safeguards to comply with our obligations in respect of exporting personal information. This may include ensuring the recipient is subject to similar legal requirements or certified under a binding data protection scheme or entering into appropriate contractual arrangements for the protection for your personal information. You can contact us to obtain further details of the safeguards we use.
Note that where your personal information is provided to entities outside Australia, you acknowledge that by agreeing to the disclosure of your personal information to these overseas entities, we will no longer be required to take reasonable steps to ensure the overseas recipient’s compliance with the Australian privacy law in relation to your personal information and we will not be liable to you for any breach of the Australian privacy law by these overseas recipients. On this basis, you consent to disclosure of your personal information to these overseas recipients.
Change Of Purpose And Other Lawful Disclosures
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us at firstname.lastname@example.org
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, where this is required or permitted by law. APWWT shall always identify a valid basis for disclosure of data including the following examples:
- Where data is required to be disclosed, for example, as compelled by the Children’s Acts 1989 and 2004 for the protection of a child such disclosure shall be on the basis of:
- For the performance of a task carried out in the public interest or in the exercise of official authority and:
- When it is necessary for the purposes of carrying out the obligations and exercising the specific rights of, the controller or of the data subject, in the field of social protection law, in so far as it is authorised by Union or Member State law.
Our website and applications may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website or service you visit.
Your Privacy Rights
Under certain circumstances, you have rights under data protection laws in relation to your personal data. You have the right to:
Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request alterations to the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, however, we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons, which will be notified to you, if applicable, at the time of your request.
Furthermore, we shall be required to delete your data following the instructions of a subscribing Institute to do so.
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information, which override your rights and freedoms.
Request restriction to processing your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether or not we have overriding legitimate grounds to use it.
Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time where pewe are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
If you wish to exercise any of the rights set out above, please contact our DPO, at: email@example.com
No Fee Usually Required
You will not have to pay a fee to access your personal data (or to exercise any of your other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
What We May Need From You
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time Limit To Respond
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
Storage And Security
Your personal information we collect is held in electronic databases and in paper files, both at our own premises and with the assistance of our service providers.
We work hard to prevent your personal data from being accidentally lost, destroyed, used or accessed, altered or disclosed, in an unauthorised way. In particular:
- Personal data (teacher and student stored data) will be name only, in association with an Institute;
- APWWT uses SSL encryption to transfer information between your device and our servers. All data is encrypted ‘at rest’. This means the data stored on our systems has been encrypted.
- We limit access to your personal data, to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use those strict procedures and security features set out above, to try to prevent unauthorised access.
How long will you use my personal data for?
We retain the personal data that we collect for as long as it is needed to provide access to the website or to manage a subscribing Institute’s account.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
In some circumstances you can ask us to delete your data. Furthermore, we shall be required to delete your data following the instructions of a subscribing Institute to do so.
In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
Disclosures of your personal data
We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.
- External Third Parties
- Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners or parties involved, may use your personal data in the same way as set out in this privacy notice.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
How To Make A Complaint
We will refer your complaint to our Privacy Officer who will investigate your complaint and determine the steps that we will undertake to resolve it. We will contact you if we require any additional information from you and will notify you in writing of the outcome of the investigation. If you are not satisfied with our determination, you can contact us to discuss your concerns or contact the applicable privacy or data protection authority. In Australia, this is the Office of the Australian Information Commissioner, which can be contacted on 1300 363 992 or via www.oaic.gov.au
Glossary Of Terms
Legitimate Interest – the interest of our business, in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights, before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities, by contacting firstname.lastname@example.org
Performance of Contract – processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract. With regards to APS, these are the terms you agree to upon subscribing to our services.
Comply with a legal or regulatory obligation – processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
External Third Parties
- Service providers acting as processors who provide IT and system administration services.
- Marketing service providers (including email list providers) who act as processors for our engagement correspondence and marketing with users, including Sprint Education Limited.