Privacy Policy

At BRAINBEANS PTY LTD, ACN 667 862 848 , we are committed to protecting the privacy and confidentiality of our users’ personal information. This Privacy Policy outlines how we collect, use, disclose, and store personal information when you use our online tutoring services. By accessing and using our services, you consent to the practices described in this Privacy Policy.

From time to time, BRAINBEANS may be related to other companies and entities (related entities). This Privacy Policy applies to the use of your Personal Information by us and by those related entities. Those related entities may also have their own privacy policies which set out additional detail or differences in their privacy practices.  To the extent that those privacy policies are inconsistent with this Privacy Policy, those privacy policies will prevail over this Privacy Policy in relation to the actions of those related entities.  A reference in this Privacy Policy to BRAINBEANS, we, us or our is also a reference to those related entities.

Collection of Personal Information:  We collect personal information that is necessary for providing our online tutoring services and improving the user experience. The types of personal information we may collect include, but are not limited to:

• Full name
• Contact details (email address, phone number, residential address)
• Date of birth
• Gender
• Education history
• Basic health information to support any special requirements.
• identification information such as driving licence details (including driving licence number), teacher accreditation number, working rights verification documents.
• payment details, such as credit card information or bank account details
• information from or in connection with your resume or job application if you apply for a position with us.
• professional training, accreditations, or qualifications
• working with children check
• geographical location (postcode, time zone)
• Australian Business Number (ABN)
• photographs, video interviews, call recordings, session recordings and/or images of you from camera footage (for example, of an online tutoring session)
• school affiliation, and
• family relationship.

We are authorised to collect tax file numbers (TFNs) by the Income Tax Assessment Act 1936 (Cth). It is not compulsory for you to provide your TFN for our products and services, but if you do not, taxation law may require additional deductions to be made from amounts payable by you.

Use of Personal Information

• We use the collected personal information to enable us to provide and market & sell our products and services for the specified purposes for the following purposes:
• Providing and managing our online tutoring services
• Personalizing and customizing the learning and website experience
• to match and allocate a student and a tutor.
• to assess and track a student’s progress.
• Complying with legal and regulatory obligations
• carry out appropriate administration in relation to our shareholders and our share registry, including to submit listing applications to, or respond to enquiries from, corporate regulators.
• Communicating with users and responding to inquiries
• Processing payments and billing
• Monitoring and improving the quality of our services.
• to promote and market our products and services to you.
• to provide you with information that we believe may be of interest to you or that you may be interested in receiving, including advertising material, regarding us, our clients, and our business partners.

Parties Involved in Collection of Personal Information

• Generally, when providing our products and services, dealing with our personnel, or obtaining goods and services from our service providers, suppliers, or contractors, we collect Personal Information directly from the relevant individual where reasonable and practicable.
• Personal Information may be collected by us and by our third party service providers who assist us in operating our websites at brainbeans.com.au, including their subdomains and any other website we operate from time to time (collectively the Website).
• We may use various technological methods from time to time to track the visiting patterns of individuals accessing our website, including but not limited to the methods set out.
• We use Google Analytics to help analyse how you use our Website. Google Analytics generates statistical and other information about website use by means of cookies, which are stored on users’ computers. The information generated is used to create reports about the use of our website.  Google will store this information.
• If you do not want your Website visit data reported by Google Analytics, you can install the Google Analytics opt-out browser add-on. For more details on installing and uninstalling the add-on, please visit the Google Analytics opt-out page at https://tools.google.com/dlpage/gaoptout.
• When you read, browse or download information from our Website, we or our internet service provider may also collect information such as the date, time and duration of a visit, the pages accessed, the IP address of your computer, and any information downloaded. This information may be used for various purposes including statistical, reporting and website administration, maintenance, and improvement purposes.
• Our Website may use ‘cookies’ from time to time. Cookies are small text files that are transferred to a user’s computer hard drive by a website for the purpose of storing information about a user’s identity, browser type or website visiting patterns. Cookies may be used on our Website to monitor web traffic, for example the time of visit, pages visited and some system information about the type of computer being used.  We use this information to enhance the content and services offered on our Website.
• Cookies are sometimes also used to collect information about what pages you visit and the type of software you are using. If you access our Website or click-through to our Website from a link in an email we send you, a cookie may be downloaded onto your computer’s hard drive.
• Cookies may also be used for other purposes on our Website.
• You can configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is sent. Each browser is different, so check the “Help” menu of your browser to learn how to change your cookie preferences.
• If you disable the use of cookies on your web browser or remove or reject specific cookies from our Website or linked sites then you may not be able to gain access to all of the content and facilities in those websites.
• Web beacons are images that originate from a third party site to track visitor activities. We may use web beacons to track the visiting patterns of individuals accessing our Website.
• We may use session recording and replay software tools, such as Hot Jar, to record information about a user’s interactions on our Website or applications exactly or as close as possible to how the user actually experienced it, including information such as mouse movements, clicks, typing, scrolling, swiping, and tapping. We use this information to debug errors, optimise pages, enhance the user experience and support customers. We do not generally use this information to identify individuals, though such session information may become Personal Information; for example, if we identify a particular session in the context of a customer support call.
• Some of the content on our Website may include applications made available by third parties, such as social media buttons or links that allow you to share content or links to our Website through the relevant third party platforms. These third party applications themselves may facilitate collection of information by those third parties, through your interaction with the applications and sometimes even if you do not interact directly with them. We are not responsible for the technical operation of these applications or the collection and use practices of the relevant third parties.  Please visit the relevant third party websites to understand their privacy practices and options they may make available to you in relation to their collection of your Personal Information.

Disclosure of Personal Information

We may disclose your personal information to third parties in the following circumstances:

• To our tutors and instructors for the purpose of delivering the tutoring services
• To service providers who assist us in operating our business (contractors and subcontractors and potential contractors and subcontractors and their representatives in relation to providing goods and services to us)
• To comply with legal obligations, such as responding to court orders or government requests
• In the event of a merger, acquisition, or sale of our business assets, personal information may be transferred to the acquiring entity.
• our investors and shareholders
• our suppliers and potential suppliers and their representatives, directors, partners, proprietors, and shareholder.
• our employees past and present, including applicants, and
• any other person who meets Brain Beans
• We may also collect Personal Information about you from third parties and other sources such as:
• your nominated representatives (eg parent or guardian, spouse, accountant, power of attorney, brokers and other professional advisors)
• our share registry service provider
• publicly available sources of information, or
• related entities, companies and businesses of BRAINBEANS,

but we will only collect your Personal Information in this way if it is unreasonable or impracticable to collect this information directly from you or if we are otherwise permitted to do so.

We may otherwise collect, use or disclose your Personal Information where the collection, use or disclosure is:

• in accordance with this Privacy Policy or any agreement you enter into with us, or
• required or authorised by law, including without limitation the Australian Privacy Principles under the Privacy Act 1988 (Cth).

We take reasonable steps to ensure that any third parties with whom we share personal information are obligated to protect the privacy and security of that information.

Security

• We implement appropriate security measures to protect the personal information we collect and store. However, no data transmission over the internet or electronic storage system can be guaranteed to be 100% secure. Therefore, while we strive to protect your personal information, we cannot guarantee its absolute security.

Data Retention

• We retain personal information for as long as necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law. We will securely delete or de-identify personal information when it is no longer needed.

Access and Correction

• You have the right to access and correct your personal information held by us. If you would like to request access to or make corrections to your personal information, please contact us using the information provided in Section 8.

Marketing Communications

• We may send you promotional and marketing communications related to our online tutoring services. If you no longer wish to receive such communications, you can unsubscribe using the opt-out link provided in the email or by contacting us directly.
• You consent to us using your Personal Information for sending you information, including promotional material, about us or our products and services, as well as the products and services of our related entities and third parties, now and in the future. You also consent to us sending you such information by means of direct mail, telemarketing, email, SMS and MMS messages.
• If you do not want to receive marketing information from us or if you want to stop receiving telemarketing, you can unsubscribe in any of the following ways
• clicking on the ‘Unsubscribe’ or subscription preferences link in a direct marketing email that you have received from us
• logging into your account on the Website and editing your communication preferences, or
• contacting us using the contact details specified in paragraph 15.

Storage and security of Personal Information held by us

We aim to keep your Personal Information secure. Any Personal Information that is collected via our Website or which is held on our computer systems is protected by safeguards including physical, technical (firewalls, SSL encryption etc) and procedural methods.

If we find that we no longer require or have no further need for your Personal Information we may de-identify it or remove it from our systems and destroy all record of it

What to do if you have a question, problem or complaint, or want to contact us about our use of your Personal Information or this Privacy Policy.

If you:

• have a query or concern about this Privacy Policy or our Personal Information handling processes
• wish to make a complaint in relation to a breach of your privacy
• would like to access your Personal Information held by us
• would like to update or correct your Personal Information held by us, or
• would like to opt out of direct marketing, please contact our Privacy Officer in any of the following ways:
  • Email Address: Info@brainbeans.com.au or
  • Mailing Address: 29/4 – 10, Benedict Court, Holroyd, NSW, 2142

1. are no longer a BRAINBEANS customer and wish to have your data erased from our system, please send an email to info@brainbeans.com.au

Contact Us

• If you have any questions, concerns, or requests regarding this Privacy Policy or the handling of your personal information, please contact us at:

[BRAINBEANS PTY LTD] [info@brainbeans.com.au] [29/4 – 10, Benedict Court, Holroyd, NSW, 2142] [+61 404920332]

We will endeavour to address your inquiries and concerns promptly and in accordance with applicable privacy laws.

Changes to this Privacy Policy

We may update this Privacy Policy from time to time to reflect changes in our practices or legal obligations. The updated Privacy Policy will be posted on our website, and the revised effective date will indicate when the changes come into effect. We encourage you to review this Privacy Policy periodically.

By using our online tutoring services after any modifications to this Privacy Policy, you signify your acceptance of the revised Privacy Policy

We may also disclose your Personal Information to:

• any of BRAINBEANS tutors, internal divisions, business units or departments
• your parent or guardian if you are younger than 15 years old
• your nominated representatives
• other organisations or individuals who assist us in providing products and services to you
• professional service providers and advisors who perform functions on our behalf, such as lawyers
• medical providers including medical and rehabilitation practitioners for assessing insurance claims
• representatives, agents or contractors who are appointed by us in the ordinary operation of our business to assist us in providing goods or services or administering our business (such as for data storage or processing, printing, mailing, marketing, planning and product or service development)
• debt collecting agencies
• banks, lenders, valuers, insurers, brokers, auditors, business consultants and IT service providers, and
• Government, regulatory authorities and other organisations as required or authorised by law.

Overseas disclosures

Some of your Personal Information may be disclosed, transferred, stored, processed or used overseas by us, or by third party service providers. This may happen if:

• our offices or related entities are overseas
• we outsource certain activities overseas
• transactions, information, services or products have an overseas connection, or
• our computer systems including IT servers are located overseas.

You consent to the collection, use, storage, and processing of your Personal Information outside of Australia as set out in this Privacy Policy.

Your Personal Information may be disclosed to third parties in such other countries in which those parties or their, or our, computer systems may be located from time to time, where it may be used for the purposes described in this Privacy Policy. In these circumstances, you consent to the collection, use, storage, and processing of your Personal Information in those countries, without us being responsible under the Privacy Act 1988 (Cth) for such use (or for any breach).  Where such parties are located overseas, you may have rights to enforce such parties’ compliance with applicable data protection laws, but you might not have recourse against those parties under the Australian Privacy Act in relation to how those parties treat your personal information.

In most cases, if you choose not to provide your Personal Information to us for the purposes set out in this Privacy Policy, or if we do not or are unable to collect the Personal Information we require, we may not be able to provide you with requested information, products, or services, or to effectively conduct our relationship with you.

Other uses and disclosures

• We may collect, use and disclose your Personal Information for other purposes not listed in this Privacy Policy. If we do so, we will make it known to you at the time we collect or use your Personal Information.

This Privacy Policy was last updated on 10^th June, 2023.