Performate Privacy Policy
Performate Privacy Policy
Last updated: 2 September 2022
Purpose
Protecting privacy is a fundamental part of Performate’s (“Performate”, “we”, “our” or “us”) business. This Performate Privacy Policy (“Policy”) governs our collection, use, disclosure and handling of Personal Information and Sensitive Information and is designed to tell you what will happen to the Personal Information we collect through the Performate Application (the “Application”).
Performate is committed to protecting the privacy of individuals and is bound by the Australian Privacy Principles set out in the Privacy Act 1988 (Cth) (the “Act”). We will only collect, use, disclose or handle Personal Information in accordance with the Act and this Policy.
Your use of the Application is also subject to the Performate Terms and Conditions (“Terms”), which can be accessed here: https://performate.co/termsofservice.
Please be sure to read this entire Policy before using the Application or submitting Personal Information or Sensitive Information to us or our agents or contractors.
Changes to this Policy
We may change this Policy from time to time at our discretion. By continuing to use the Application, or otherwise continuing to deal with us, you accept this Policy as it applies from time to time.
Definitions
In this Policy, “Personal Information” has the meaning given to it in the Act. Essentially, Personal Information is information or an opinion about an individual who is reasonably identifiable. It does not include data where the identity has been removed (anonymous data).
We may also collect “Sensitive Information” (which is also defined in the Act) when you use the Application. Sensitive Information is a special type of Personal Information and includes details about race or ethnicity, religious or philosophical beliefs, sexual orientation or practices, political opinions, trade union membership, information about your health, and genetic and biometric data.
Collection
4.1 What kinds of Personal Information we collect
The types of Personal Information we collect from you depends on the circumstances in which the information is collected. We have grouped the different types of information together as follows:
a) Registration Data
Registration data includes information about your:
Full Name
Email address
Username
b) Performer Data
Performer Data includes:
Full name
Gender
Date of birth
Email address
Username
School Curriculum and Standards Authority (SCSA) number
Pictures
Videos
Student performers are not permitted to create an account by themselves but must be invited to a Performate class by a teacher or school administrator.
c) Teacher Data
Teacher Data includes:
Full name
Email address
Username
Affiliated school/organisation
d) Personal Information within User Content:
We may collect and store information posted whilst using the Application for example within dialogue functions, subject to your privacy settings or when you interact with us including by phone and email.
4.2 How we collect this information
We collect Personal Information directly from you, or someone authorised on your behalf. We may also generate our own records of our interactions, including engagement with members of the public to obtain their views, concerns and complaints. Personal Information may be collected through the following means:
use of the Application;
by email; or
indirectly through information and data supplied by the Participating Organisation (as this term is defined in our Terms).
Performate collects Personal Information from individuals who create accounts on the Application. This Personal Information may be about the individual creating the account or about another individual, which includes teachers, performers, and family members. Collection of this Personal Information is necessary to:
provide you with a Performate account in order to access the Application’s services and features;
provide support to teachers, school administrators, performers, parents and guardians;
develop and improve the quality and scope of the Application and seek your feedback;
address or respond to any request from you;
resolve disputes or enforce our Terms;
inform you of updates to the Application, and of existing and proposed products and services which we provide;
fulfil purposes which would be reasonably expected by you.
We may collect personal information directly from you, or from publicly available information sources, third party platforms, including websites or social media platforms on which we have a presence (collectively, “Related Sites”). In addition to the types of Personal Information identified specifically below, Performate may collect Personal Information as otherwise permitted or required by law.
4.3 Passive collection
Performate may collect certain information passively (that is, gathered without you actively providing the information) through various technologies, such as cookies, internet tags or web beacons and navigational data collection.
Performate may use and combine such passively collected anonymous information to provide better services to performers, customise the application based on your preferences, compile and analyse statistics and trends and otherwise administer and improve the application for your use. Such information is not combined with personally identifiable information collected elsewhere through the application unless you have provided consent.
Use and disclosure
Performate may use or disclose Personal Information collected from an individual to:
permit you to access and use the Application;
respond to and investigate your enquiry, feedback or complaint;
provide information to school administrators about how Performate is functioning in their environment; and
comply with reporting and disclosure requirements under Australian law or a court or tribunal order.
Performate will only use your Personal Information or Sensitive Information to the extent that it is deemed necessary to fulfil the above purposes. We may use your Personal Information for a secondary purpose related to the purposes above (directly related if it is Sensitive Information), but only if we believe you would reasonably expect us to use or disclose the information for that secondary purpose.
5.1 Exceptions to general use and disclosure of Personal Information and Sensitive Information
Personal information may be used for limited purposes other than for which it was collected, including:
with the consent of the person concerned;
to contact individuals in the event of an emergency or crisis situation;
to prevent a serious threat to a person’s health or life; and
as required or authorised by law.
Any individual in doubt as to whether we are able to use or disclose a given type or piece of Personal Information or Sensitive Information should contact us (see section 10 of this Policy).
5.2 Anonymised Data
We may use your Personal Information to create data sets and reports that contain anonymised data that cannot be used to identify you. Anonymised data could be derived from your Personal Information but is not considered Personal Information (as you cannot be identified from this data). We use such data and reports for analytical purposes to improve or enhance the Application.
5.3 Disclosure to third parties
We may disclose your Personal Information to third parties, including third party service providers we use in providing our services, subject to confidentiality provisions as we deem appropriate. These may include, but are not limited to:
Department of Education
Where we disclose your Personal Information to third parties, we will use reasonable efforts to ensure that that Personal Information is only used as reasonably required for the purpose we disclosed it and in a manner consistent with the Act.
5.4 Will my Personal Information leave Australia?
We will only send your Personal Information outside Australia:
if we are authorised to do so by law;
for any of the purposes set out in this Policy (but only to parties that are subject to obligations in relation to Personal Information no less onerous than those in this Policy); or
if you have consented to us doing so.
Access to and correction of Personal Information
Performate makes every effort to ensure any Personal Information we hold is current, accurate and complete. You can request access to or the correction of your Personal Information held by us if you believe it is outdated or inaccurate. If you wish to access, correct or update any Personal Information we may hold about you, please contact us through one of the avenues set out below under section 10 of this Policy. We may refuse access where the Act allows us to do so.
Storage and security of your Personal Information
Performate will take reasonable steps to keep any Personal Information we hold about you secure. Please notify us immediately if you become aware of any breach of security. Except to the extent liability cannot be excluded due to the operation of relevant laws, Performate excludes all liability (including in negligence) for the consequences of any unauthorised access to your Personal Information.
We may store your Personal Information in hard copy or electronically, in our ordinary information technology systems, and will take reasonable commercial physical and electronic security measures to protect any records that we hold which contains your Personal Information. We destroy or de-identify Personal Information in a secure manner when we no longer require it.
Performate strives to protect Personal Information and Sensitive Information from misuse, interference, loss and from unauthorised access, modification or disclosure. However, data transmission over the Internet cannot be guaranteed to be absolutely secure because risks do change over time.
Links to other websites
This application may contain links or references to other websites to which this Policy may not apply. You should check their own privacy policies before providing your Personal Information.
Notifiable data breaches scheme
In the event of any loss, or unauthorised access or disclosure of your Personal Information that is likely to result in serious harm to you, Performate will:
investigate the data breach;
attempt to remedy the breach; and
notify you and the Australian Information Commissioner,
as soon as practicable, in accordance with the Act.
10. Contact details for privacy queries and complaints
If you have any questions or concerns about our collection, use or disclosure of Personal Information, or if you believe that we have not complied with this Policy or the Act, please contact us through the avenues set out below. The Director will investigate the complaint and determine whether a breach has occurred and what action, if any, to take. When contacting us, please provide as much detail as possible in relation to the query, issue or complaint.
We will take any privacy complaint seriously. We will aim to resolve any such complaint in a timely and efficient manner, and our target response time is 30 days. We request that you cooperate with us during this process and provide us with relevant information we may require.
Please direct any privacy issues or queries to:
Performate
Amarone Pty Ltd ATF Amarone Trust and Diversus Pty Ltd ATF Freestyle Holdings Trust T/AS Performate
Australia: 1300 888 900
International: +61 8 6317 9489
Support: +61 8 631 79 489
Claude De Lucia
3/1200 Hay Street
WEST PERTH 6005
https://performate.co/contact-us
We expect our procedures will deal fairly and promptly with your complaint. However, if you remain dissatisfied, you can also make a formal complaint with the Office of the Australian Information Commissioner (which is the regulator responsible for privacy in Australia):
Office of the Australian Information Commissioner (OAIC)
Complaints must be made in writing
1300 363 992
Director of Compliance
Office of the Australian
Information Commissioner
GPO Box 5218
Sydney NSW 2001