TERMS & CONDITIONS OF SERVICE

Breathe Education Pty Ltd ABN 30 154 699 019 (we, us and our), has developed and makes available the Accredited Training Courses and Non-Accredited Training Courses to students.
These Terms, as may be amended by us from time to time, apply to our supply of the Services and to each student’s enrolment in an Accredited Training Course or Non-Accredited Training Course. As a pre-requisite to every student’s enrolment, they are required to first review and agree to these Terms. If you are under 18, these Terms must be agreed to by your parent or legal guardian before you commence your Course or receive any of the Services.

1. Interpretation
Unless otherwise defined, the following definitions apply in these Terms:

Accredited Training Course means an Australian Skills Quality Authority (ASQA) accredited education program.
Course means either the Accredited Training Course or Non-Accredited Training Course you are enrolled in with us, as specified in your enrolment correspondence with us.
Course Fee means the fee payable for your enrolment in a Course, as specified on the Website or otherwise communicated to you.
Consequential Loss includes, but is not limited to, indirect losses such as loss of goodwill or reputation, loss of profits, loss of actual or anticipated savings, loss of bargain and loss of opportunity.
Course Material means any material provided to you by us in connection with your course, including any material made available on the e-learning platform.
e-Learning Platform means the online learning platform made available to you by us in connection with your enrolment in a Course.
Fee means any fee payable by you to us, including the Course Fee and any other fees specified by us at the time of your enrolment or published on our Website, or which are otherwise incurred by you in accordance with these Terms.
Intellectual Property includes all rights in present and future copyright, designs, trademarks, confidential information, inventions, patents, know-how, trade secrets, business names and domain names.
Loss means any loss, liability, cost, expense, damage, charge, penalty, outgoing or payment however arising, whether present, unascertained, immediate, future or contingent and includes direct loss and Consequential Loss.
Non-Accredited Training Course means a training program that is not ASQA accredited and related to education in evidence-based rehabilitation and exercise methods.
Periodic Payments means payments made by you to us according to an agreed payment schedule.
Policies means any of our policies, procedures, handbooks or manuals which are published on the Website or otherwise made available to you, including via the e-Learning Platform, as may be introduced or updated by us from time to time,
Privacy Policy means our privacy policy published on the Website or otherwise made available to you, as may be updated by us from time to time.
Services means the services provided to you by us in connection with your enrolment in a Course, including access to the e-Learning Platform and the Course Materials and the delivery of the Course.
Website means our website located at https://breathe.edu.au/, including any subdomains of that address.
You or your means the person who is enrolled in the Course and who we will provide the Services to, as named on the enrolment form and in our correspondence with you.

2. Term and Termination
2.1 Your enrolment in a Course begins when you submit your enrolment request and it is confirmed by us in the form of a confirmation email providing you with login credentials to the e-Learning Platform. The confirmation will be sent to your nominated email address provided in your enrolment request. If you are under the age of 18, you must also provide us with the email address of your parent or guardian in order for them to accept these Terms, and your enrolment in your Course will not commence until they have accepted these Terms.
2.2 Your enrolment will continue (subject to earlier termination in accordance with these Terms) until completion of the Course.
2.3 You may cancel your enrolment in your Course at any time by providing us with notice in writing to support@breathe.edu.au. Without limiting your rights at clause 6.9 (if you are enrolled in an Accredited Training Course), your rights at law and unless otherwise set out in these Terms, if you cancel your enrolment in your Course, or if we terminate your enrolment in your Course in accordance with clause 2.4, one of the following cancellation fees will apply:
a) if your written notice of cancellation is received by us, or we provide you with notice of termination, more than 30 days prior to your original Course intake date (as listed on the Website or notified to you at the time of enrolment) you will be required to pay 10% of the Course Fee;
b) if your written notice of cancellation is received by us, or we provide you with notice of termination, 1-29 days prior to your original Course intake date you will be required to pay 25% of the Course Fee; and
c) if your written notice of cancellation is received by us, or we provide you with notice of termination, any time from the original Course intake date onwards you will be required to pay 100% of the Course Fee.
2.4 We may terminate or suspend your enrolment in your Course at any time by providing you with notice in writing if you breach these Terms or any of our Policies and do not remedy the breach within 14 days, or immediately if the breach is not capable of being remedied.
2.5 If we terminate or suspend your enrolment in accordance with clause 2.4, we reserve the right to demand immediate payment for all Fees due under these Terms, the payment of which would otherwise not have been then due and payable, and may refer enforcement of such payment to our lawyers, or refer the debt to debt collectors or credit reporting agencies.

3. Course Delivery & 100% Satisfaction Guarantee
3.1 The Course and the Services are delivered to you in one or a combination of the following components:
a) interactive online sessions with practical assessments; and
b) static online learning with written assessments.
3.2 Once you have been provided login credentials to access the e-Learning Platform, you will have access to, and full personal use of, all of the valuable online Course Materials corresponding to your Course.
3.3 As the Course may be delivered in whole or in part online, you must ensure that you have a reliable internet connection and sufficient technological and other equipment. You must also ensure you have adequate space and the necessary equipment to the conduct practical components of your Course, as set out in the Course handbook or otherwise communicated to you by us, to enable you to complete the Course.
3.4 We may vary the method of delivery of the Course or the Services (in whole or in part), by providing you with notice in writing.
3.5 The Course and the Services are delivered, and you agree to comply with, our Policies which may be in force from time to time and made available to you.
3.6 We may reschedule sessions, lectures and tutorial times by providing you with a minimum of 24 hours’ advance notice, including in circumstances where the number of students registered to attend the relevant session, lecture or tutorial does not meet our minimum attendance requirements.
3.7 We will use all reasonable endeavours to deliver your Course to a high standard, however, if you are not 100% satisfied with your experience on the Course, you may be entitled to a full refund of your Course Fees, subject to the following conditions:
a) you must have successfully completed your Course, including all practical & written assessments, e-learning, self-practice, observation and practice teaching requirements for your Course. Successful completion means that you have been identified as competent and eligible to graduate. Details of these components are published at https://breathe.edu.au/requirements-to-graduate/;
b) if you elect to receive a full refund under this clause 3.5, you will not be issued with any qualification that may have been obtained through completion of the Course;
c) you must submit your request for a refund under this clause 3.5 to us in writing to support@breathe.edu.au within 5 business days of completing your Course. Subject to your rights at law, if you do not notify us within 5 business days of completing your Course, or if you otherwise notify us in writing that you are electing to graduate and receive your qualification, you will not be entitled to a refund under this clause 3.5; and
d) we may determine that certain students are ineligible to claim a refund under this clause 3.5. As at the date of publishing, students with pre-existing Pilates or personal training qualifications are ineligible.

4. Course Changes and Missed Tutorial Fee
4.1 If you need to defer or change your Course you must:
a) notify us in writing by emailing support@breathe.edu.au;
b) include in your notice details of the date you will be deferring your Course until (no indeterminate deferrals will be accepted and you must still complete your Course within 12 months of its original intake date), or which Course you will be transferring to (as applicable); and
c) pay the Fee of $500 to us (Change Fee). Your deferral or change request will not be actioned by us, and you will continue to be charged the Course Fees in accordance with any agreed payment plan, until we have received the Change Fee.
4.2 If you have not met the assessment requirements for your Course, or you have missed 4 or more weeks of tutorials, you must defer your Course and will be liable to pay us the Change Fee in consideration for the us administering the variation to your Course.
4.3 Whilst you are able to defer or change your Course and change sessions, lectures and tutorial times (provided you adhere to our Assessment and Tutorial Requirements available at https://breathe.edu.au/assessment-policies/) you are required to complete your Course within 12 months from the original Course intake date, as notified to you by us.
4.4 If you miss a tutorial without providing us at least 24 hours’ notice that you will not be attending, you will be charged $100 for that missed tutorial. The funds will be charged to the credit card we have on file.

5. Academic and Financial Credit.
5.1 If you transfer out of, or cancel your enrolment in one Course and enrol in another Course provided by us within 12 months of transferring from, or cancelling your enrolment in, the first Course, you may receive academic credit towards that Course in accordance with clauses 5.2 and 5.3.
5.2 If you cancel your enrolment and terminate the provision of our Services and our delivery of the Course, if applicable to your Course you may receive a Statement of Attainment for any units of study that you have completed. Incomplete units are not eligible for academic credit.
5.3 If you have successfully completed a unit of study in an Accredited Training Course, you will receive academic credit for that unit of study for so long as we retain our ASQA accreditation for that particular Course. From time-to-time (approximately every 5 years) we re-accredit our Accredited Training Courses with ASQA. If you enrol in a later Course that commences after re-accreditation, you will not receive academic credit if the unit of study you completed in the earlier Course is not part of the re-accredited Course. If the unit of study completed in the earlier Course is part of the re-accredited Course, you will receive academic credit for that unit. In all instances we endeavour to recognise prior learning where sufficient evidence is provided, however we reserve the right to determine whether a particular training program qualifies for academic credit and whether a student’s prior learning is recognised.

6. Fees
6.1 We will provide you with enrolment in the Course and the Services for the Fees and on the payment terms agreed with us. Unless otherwise marked, all Fees are stated exclusive of GST and quoted in Australian dollars.
6.2 You are required to supply your payment credentials to us when submitting your enrolment request and agree that we may use these credentials to deduct any Fees due in accordance with these Terms.
6.3 If you do not pay any Fees by the date they are due and payable, we reserve the right to:
a) suspend your enrolment in the Course and the provision of the Services, including access to the e-Learning Platform;
b) charge interest on the overdue amount at a rate of up to 1% per month in excess of the Reserve Bank of Australia cash rate, calculated from the due date for payment of the relevant Fees to the actual date of payment; and
c) recover from you our debt recovery fees, including but not limited to, solicitors fees (on a full indemnity basis), court costs and collection agency fees.
6.4 For Non-Accredited Training Courses we may charge the Course Fee either up front at the time or enrolment or according to an agreed payment schedule. By agreeing to these Terms, you agree to us deducting the Fee at the agreed intervals, commencing from the date of your enrolment.
6.5 For Accredited Training Courses we charge Periodic Payments of the Course Fee, which are deducted by us (using the payment credentials you have supplied to us upon enrolment) in accordance with our compliance obligations as an ASQA accredited Registered Training Organisation. By agreeing to these Terms, you agree to us deducting the Periodic Payments at the agreed intervals, commencing from the date of your enrolment.
6.6 It is your responsibility to ensure that your payment credentials are kept up to date, and that sufficient funds are available for us to deduct any Fees due in accordance with these Terms. If payment of any Fees fails for any reason, you may be liable for additional costs incurred by us such as failed payment administration charges.
6.7 If you are making Periodic Payments or we have otherwise agreed that you may pay any Fees in instalments, we may alter your payment schedule by providing you with reasonable advance notice. If such alteration will cause you unreasonable hardship, please contact us and we may agree to an alternate payment schedule.
6.8 Subject to our 100% satisfaction guarantee provided under clause 3.5, our cancellation policy and without limiting your rights at law, we do not offer refunds for payments that have already been made and you remain liable for the total amount of the Course Fees and any other Fees due in accordance with these Terms. You will not be eligible for a refund for the value of online Course Materials made available to you, irrespective of whether you have accessed or used these materials.
6.9 For students enrolled in an Accredited Training Course only, if you cancel your enrolment prior to completion, we will provide a fee waiver for the value of the Course and the Services that has not been delivered to you, noting that all Course Material is deemed delivered at the time you are provided first access to those Course Materials, irrespective of whether you have accessed them at all or when you have chosen to access them.
6.10 The fee waiver provided under clause 6.9 applies to future Periodic Payments you are yet to make but which we are contractually entitled to charge you for. We will apply the fee waiver only after you have paid any applicable Change Fee and/or Cancellation Fee.

7. Warranties, Guarantees & Liability
7.1 Except as expressly provided in these Terms, all conditions, guarantees and warranties, whether express or implied, in respect of the Services or the Course are excluded to the fullest extent permitted by law. Our liability in respect of any Loss arising in connection with a failure in our provision of the Services or a breach of these Terms excludes Consequential Loss and is limited, at our option, to either a re-supply of the Services, a refund for the Services, or reimbursement for the cost of a third party re-supplying the Services.
7.2 Without limiting any other provision of these Terms and excluding Loss which arises as a direct result of our negligence, we, our related entities, officers, employees, contractors and consultants are not liable for any Loss or injury you may suffer as a result of your participation in the Course or receipt of the Services.
7.3 You acknowledge that, where the Course is delivered online, we do not control your environment or the equipment you are using and you release us from all liability for any Loss or injury suffered or incurred by you which may arise as a result of your participation in the Course or receipt of the Services from such locations and the failure of any equipment you are using, to the extent that such Loss is not caused by our negligent acts or omissions.
7.4 You agree to indemnify us and to keep us indemnified for any against any Loss we may suffer or incur in connection with your breach of these Terms, or which otherwise may arise in connection with your receipt of the Services.

8. Intellectual Property
8.1 Any Course Material made available to you is our Intellectual Property, or that of our licensors, and is for your personal use only. You are not permitted to distribute, copy, publish or otherwise make the Course Material available to any other person.
8.2 We may enable you to create or publish content, online via the e-Learning Platform or otherwise, during your receipt of the Services (User Content). By doing so you shall not acquire an interest to any Intellectual Property owned by us or our licensors, and any modifications or improvements to such material will remain our sole and exclusive property, or that of our licensors.
8.3 You warrant to us that any User Content provided by you:
a) is your property, or that you are otherwise authorised to provide such User Content to us in accordance with these Terms; and
b) will not contain any material that is illegal, offensive, indecent or objectionable.
8.4 You acknowledge and agree that:
a) we are not liable for any User Content;
b) we may suspend access to, remove or edit User Content via the e-Learning Platform or otherwise that we consider, at our sole discretion, is illegal, offensive, indecent or objectionable; and
c) by providing us with the User Content, you are granting us a royalty free, perpetual, worldwide licence, including the right to sublicense, to modify, publish, display, communicate and create derivative works of, such User Content.
8.5 In the course of us delivering the Services, we may take photos, screen captures or other visual or audio recordings of you. You acknowledge and agree that we may use your name, likeness, audio-visual and/or photographic image, without any obligation to attribute such work, or pay any royalty or fee, to you, in connection with and for the purpose of:
a) the administration of your enrolment with us;
b) creating publications, marketing and education materials, including publishing such material on our Website and e-Learning Platform.
8.6 You acknowledge and agree that we are not responsible for, and will not be liable for, any interactions between students online, either on the e-Learning Platform or otherwise, and make no representation or warranty as to the accurateness or completeness of any information provided to you by any other student.
8.7 You must keep secret and secure any login credentials to the e-Learning Platform or any other secure online service made available to you by us. If you have reason to suspect that any other person is using your login credentials, you must notify us immediately in writing.

9. General
9.1 These Terms are the entire agreement between the parties in relation to their subject matter and supersede any previous agreements in relation to that subject matter. We may vary these Terms by providing you advance notice in writing.
9.2 A failure by us to exercise or delay in exercising any right, power or remedy under these Terms will not operate as a waiver under we make such waiver in writing.
9.3 If any part of these Terms is prohibited or unenforceable in any jurisdiction, the remainder of these Terms are no invalidated and remain in full force and effect.
9.4 These Terms are governed by the law of Victoria and each party submits to the jurisdiction of its courts.

Breathe Education Pty Ltd (ABN 30 154 699 019) Code of Conduct

1.    Introduction

The Company provides Accredited Training and Non-Accredited Training in evidence-based rehabilitation and exercise methods (Services). Accredited Training programs are ASQA accredited courses delivered by way of the Company’s static e-learning platform and interactive online components.  Non-Accredited training programs may be delivered via interactive online components, online by way of the Company’s e-learning platform or a combination of both.   Supply of and access to the Services is subject to this Code of Conduct, which applies to both our on and offline learning, and sets out standards of behaviour we expect from students and maintain in our learning environments. We publish our Code of Conduct on our website at www.breathe.edu.au.  We may update this Code from time to time.

By enrolling in one our training programs you agree to be bound by our Code of Conduct. The overarching goal is to be inclusive to the largest number of participants, with the most varied and diverse backgrounds possible. As such, we are committed to providing a friendly, safe and welcoming education environment for all, regardless of gender, sexual orientation, ability, ethnicity, socioeconomic status, and religion (or lack thereof).

This Code of Conduct outlines our expectations for students and all those who participate in our education community, as well as the consequences for unacceptable behaviour.

2.    Expected Behaviour

The following behaviours are expected and requested of all our education community members:

  • Participate in an authentic and active way. In doing so, you contribute to the health and longevity of this community.
  • Exercise consideration and respect in your speech and actions.
  • Attempt collaboration before conflict.
  • Refrain from demeaning, discriminatory, or harassing behaviour and speech.
  • Be mindful of your surroundings and of your fellow participants. Alert community leaders if you notice a dangerous situation, someone in distress, or violations of this Code of Conduct, even if they seem inconsequential.
  • Remember that community event venues you may be provided access to may be shared with members of the public; please be respectful to all patrons of these locations.

3.    Unacceptable Behaviour

The following behaviours are considered harassment and are unacceptable within our education community:

  • Violence, threats of violence or violent language directed against another person.
  • Sexist, racist, homophobic, transphobic, ableist or otherwise discriminatory jokes and language.
  • Posting or displaying sexually explicit or violent material.
  • Posting or threatening to post other people’s personally identifying information (“doxing”).
  • Personal insults, particularly those related to gender, sexual orientation, race, religion, or disability.
  • Inappropriate photography or recording.
  • Unwelcome sexual attention. This includes, sexualized comments or jokes; inappropriate touching, groping, and unwelcomed sexual advances.
  • Deliberate intimidation, stalking or following (online or in person).
  • Advocating for, or encouraging, any of the above behaviour.
  • Sustained disruption of community events, including talks and presentations.

4.    Consequences of Unacceptable Behaviour

Unacceptable behaviour from any education community member will not be tolerated.  Anyone asked to stop unacceptable behaviour is expected to comply immediately.  If a community member engages in unacceptable behaviour, we may take any action deemed appropriate, up to and including a temporary ban or permanent expulsion from the community and cease in the provision of any or all of our Services without warning and without refund, in accordance with our terms and conditions of service.

5.    Reporting unacceptable behaviour

If you are subject to or witness unacceptable behaviour, or have any other concerns, please notify us as soon as possible at support@breathe.edu.au.

6.    License and attribution

This Code of Conduct is based on the Citizen Code of Conduct and is distributed under a Creative Commons Attribution-ShareAlike license.

Breathe Education Pty Ltd (ABN 30 154 699 019) Privacy Policy

1.    Introduction

The Company provides Accredited Training and Non-Accredited Training in evidence-based rehabilitation and exercise methods (Services). Accredited Training programs are ASQA accredited courses delivered by way of the Company’s static e-learning platform and interactive online components.  Non-Accredited training programs may be delivered via interactive online components, online by way of the Company’s e-learning platform or a combination of both.

We may collect information on our website or by way of email or telephone call with our sales representatives. Use of the Services and collection of individual’s information in these ways is subject to this Privacy Policy, which are standards we have in place to protect the personal information we collect that is necessary and incidental to providing the Services and to our day-to-day operations. This Privacy Policy accords with the Australian Privacy Principles, as they apply to the handling of “Personal Information” as that term is defined, under the Privacy Act 1988 (Cth) and with the regulations and principles set by the European Union’s General Data Protection Regulation (GDPR) for the handling of Personal Data. When we refer to “Personal Information” or “Personal Data” in this policy, we are adopting the same definitions as the Privacy Act and the GDPR. By publishing this Privacy Policy, we aim to make it easy for our students and the public to understand what Personal Information we collect and store, why we do this, how we receive and/or obtain that information, and the rights an individual has with respect to their Personal Information in our possession.  We will update this policy as needed from time to time. We publish our Privacy Policy on our website www.breathe.edu.au.  We may do things in addition to what is stated in this Privacy Policy to comply with the Australian Privacy Principles and the GDPR, and nothing in this Privacy Policy shall deem us to have not complied with the Australian Privacy Principles and the GDPR.

2. Application – who and what our policy applies to

Our Privacy Policy addresses how we handle Personal Information and Private Data as those terms are defined further to the Privacy Act and the GDPR respectively. We handle Personal Information in our own right and reserve the right to handle it also for and on behalf of our students and other third parties.  Personal Information includes information collected and/or stored in physical or digital form. If at any time an individual provides Personal Information or other information about someone other than himself or herself, the individual warrants that they have that person’s consent to provide such information for the purpose specified.  We do not accept enrolments from people under the age of 18 and we do not knowingly collect personal data from minors without first obtaining parental consent.

3. Information We Collect

We collect Personal Information necessary and incidental to providing the Services and to our day-to-day operations.  This information allows us to identify who an individual is for the purpose of our business, to share Personal Information, contact an individual in the course of our business and transact with that individual.

Without limitation, the type of information we may collect includes Personal Information (such as personal details including name, location, date of birth, nationality, family details and other information defined as “Personal Information” in the Privacy Act that allows us to identify who an individual is); Contact Information (such as email address, physical address, telephone numbers and other information that allows us to contact an individual), Financial Information (being information related to an individual such as any bank or credit card details used to transact with us and other information that allows us to transact with the individual and/or provide them with our services), Technical Information (being IP Addresses of users accessing our systems, actions of users on our website and other digital information created by an individual’s use of our online systems, Statistical Information (being information about an individual’s online and offline preferences, habits, movements, trends, decisions, associations, memberships, finances, purchases and other information for statistical purposes and any other information an individual sends us or that is sent to us by others about the individual’s activities. We may collect other Personal Information about an individual, which we will maintain in accordance with this Privacy Policy.  We may also collect non-Personal Information about an individual such as information regarding their computer, network and browser. Where non-Personal Information is collected the Australian Privacy Principles and GDPR do not apply.

4. How is information collected

Most information will be collected in association with a student’s online enrolment and use of our website and  e-learning system.  However, we may also receive Personal Information from sources such as advertising, an individual’s own promotions, public records, mailing lists, contractors, staff, recruitment agencies and our business partners. In particular, information is likely to be collected as follows:

a.      Enrolment: When a user enrols or engages in another process whereby they enter Personal Information details in order to receive or access something, including our services;

b.     Sharing with other students: When a student provides Personal Information to other users of our website, e-learning platform or otherwise engages with other past or current consumers of our services;

c.      Supply: When an individual supplies us with goods or services;

d.     Contact: When an individual contacts us in any way;

e.      Access: When an individual accesses us physically we may require them to provide us with details for us to permit them such access. When an individual accesses us through the internet we may collect information using cookies (if relevant – an individual can adjust their browser’s setting to accept or reject cookies) or analytical services; and/or

f.       Pixel Tags: Pixel tags enable us to send email messages in a format customers can read and they tell us whether mail has been opened.

g.      During the course of teaching and learning: because we encourage students to share their learning experience with one-another and we may record these experiences in writing, or in audio or visual form.

Because there are many contexts in which we may collect Personal Information, we cannot list them all, but will endeavour to communicate that this is what we are doing and that our students and prospective students are aware when their Personal Information is being collected. If we obtain someone’s Personal Information by accident, we will either delete or destroy it or inform the person who’s information it is.

5.    When Personal Information is used or disclosed

a.      We endeavour not to use any Personal Information other than for the purpose for which it was collected other than with an individual’s permission. The purpose of collection is determined by the circumstances in which the information was collected and/or submitted.  We will only process Personal Information when we can identify a lawful basis to do so. It is always our responsibility to ensure that we can demonstrate which lawful basis applies to the particular processing purpose.

b.     The most common lawful bases relied upon are with an individual’s consent and when we have legitimate interests. We will only rely upon express, clear and informed consent. We will keep a record of when and how we got consent from an individual, which you may revoke at any time upon written request, except in relation to the image/likeness waiver students complete as part of their enrolment which is a precondition to enrolment. We will only rely upon an identifiable legitimate interest where we can demonstrate that the processing of Personal Information is necessary to achieve it by balancing it against the individual’s interests, rights and freedoms. We will keep a record of our legitimate interests assessments.

c.      We will retain Personal Information for the period necessary to fulfil the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law.

d.     If it is necessary for us to disclose an individual’s Personal Information to third parties in a manner compliant with the Australian Privacy Principles in the course of our business, we will inform you that we intend to do so, or have done so, as soon as practical.

e.      We will not disclose or sell an individual’s Personal Information to unrelated third parties under any circumstances, unless the prior consent of the individual is obtained.

f.       Information is used to enable us to operate our business, especially as it relates to an individual. This may include: provision of goods and services between an individual and us, verifying an individual’s identity, communicating with an individual about our services, their relationship with us or offers, marketing and promotions from either us or our partners, investigating any complaints made by or about an individual or alleged or actual breaches of our Terms and Conditions of Service, or as required or permitted under any law.

g.      There are some circumstances in which we must disclose an individual’s information: these are where we reasonably believe that an individual may be engaged in fraudulent, deceptive or unlawful activity that a governmental authority should be made aware of; as required by any law (including the Privacy Act); and/or in order to sell our business (in that we may need to transfer Personal Information to a new owner).

h.     We will not disclose an individual’s Personal Information to any entity outside of Australia that is in a jurisdiction that does not have a similar regime to the Australian Privacy Principles or an implemented and enforceable privacy policy similar to this Privacy Policy. We will take reasonable steps to ensure that any disclosure to an entity outside of Australia will not be made until that entity has agreed in writing with us to safeguard Personal Information as we do.

i.       We may utilise third-pay service providers to communicate with an individual and to store contact details about an individual. These service providers may or may not be located in Australia.

j.       An individual who uses the e-learning platform or our website from outside of Australia will be sending information (including Personal Information) to Australia, the United States and Singapore, and possibly to other countries where our servers are located. That information may then be transferred within these aforementioned countries or back out of these countries to other countries outside of the individual’s country of residence, depending on the type of information and how it is stored by us. These countries may not necessarily have data protection laws as comprehensive or protective as those in your country of residence, however our collection, storage and use of Personal Information will at all times continue to be governed by this Privacy Policy.

6.    Opting in and out

An individual may opt to not have us collect their Personal Information. This may prevent us from offering them some or all of our services and may terminate their access to some or all of the services they access with or through us. Where relevant, the individual will have the right to choose to have information collected and/or receive information from us (Opt In); or the individual will have the right to choose to exclude himself or herself from some or all collection of information and/or receiving information from us (Opt Out).

7.    Security

a.      Our Data Protection Officer is appointed to oversee this Privacy Policy and compliance with the Privacy Act,  Australian Privacy Principles and the GDPR. This officer may have other duties within our business and also be assisted by internal and external professionals and advisors. You may contact our Data Protection Officer at support@breathe.edu.au in the first instance, or by writing to us at our registered address.

b.     We will take all reasonable precautions to protect an individual’s Personal Information from unauthorised access. This includes appropriately securing our physical facilities and electronic networks. We use SSL encryption to store and transfer Personal Information. Despite this, the security of online transactions and the security of communications sent by electronic means or by post cannot be guaranteed. Each individual that provides information to us via the internet, over the phone or by post does so at their own risk. We cannot accept responsibility for misuse or loss of, or unauthorised access to, Personal Information where the security of information is not within our control.

c.      We are not responsible for the privacy or security practices of any third party (including third parties that we are permitted to disclose an individual’s Personal Information to in accordance with this policy or any applicable laws) unless otherwise required by the Privacy Act and the GDPR. The collection and use of an individual’s information by such third parties may be subject to separate privacy and security policies.

d.     If an individual suspects any misuse or loss of, or unauthorised access to, their Personal Information, they should let us know immediately.

e.      We are not liable for any loss, damage or claim arising out of another person’s use of the Personal Information where we were authorised to provide that person with the Personal Information.

f.       Where there is a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Personal Information, then:

i.       We will immediately establish the likelihood and severity of the resulting risk to wider rights and freedoms of natural persons;

ii.      If we determine there is a risk from the security breach, then we will immediately notify the relevant supervisory authority and provide all relevant information on the particular breach, and by no later than 72 hours after having first become aware of the breach;

iii.     If we determine there is a high risk from the security breach (a higher threshold than set for notifying supervisory authorities), we will immediately notify the affected individuals and provide all relevant information on the particular breach without undue delay.

g.      We will document the facts relating to any security breach, its effects and the remedial action taken, and investigate the cause of the breach and how to prevent similar situations in the future.

8.    Accessing and amending information

a.      Subject to the Australian Privacy Principles and the GDPR, an individual has the right to request from us the Personal Information that we have about them, and we have an obligation to provide them with such information as soon as practicable, and by no later than 28 days of receiving the written request. The individual is free to retain and reuse their Personal Information for their own purposes. We may be required to transmit the Personal Information directly to another organisation if this is technically feasible.

b.     If an individual cannot update their own information, we will correct any errors in the Personal Information we hold about an individual within 28 days of receiving written notice from them about those errors, or two months where the request for rectification is complex.

c.      It is an individual’s responsibility to provide us with accurate and truthful Personal Information. We cannot be liable for any information that is provided to us that is incorrect.

d.     Where a request to access Personal Information is manifestly unfounded, excessive and/or repetitive, we may refuse to respond or charge an individual a reasonable fee for our costs incurred in meeting any of their requests to disclose the Personal Information we hold about them. Where we refuse to respond to a request, we will explain why to the individual, informing them of their right to complain to the supervisory authority and to a judicial remedy without undue delay and at the latest within 28 days.

e.      We may be required to delete or remove all Personal Information we have on an individual upon request in the following circumstances:

i.       Where the Personal Information is no longer necessary in relation to the purpose for which it was originally collected and/or processed;

ii.      When the individual withdraws consent;

iii.     When the individual objects to the processing and there is no overriding legitimate interest for continuing the processing;

iv.     The processing of the Personal Information was otherwise in breach of the GDPR;

v.      The Personal Information has to be erased in order to comply with a legal obligation; and/or

vi.     The Personal Information is in relation to a child.

f.       We may refuse to delete or remove all Personal Information we have on an individual where the Personal Information was processed for the following reasons:

i.       To exercise the right of freedom of expression and information;

ii.      To comply with a legal obligation for the performance of a public interest task or exercise of official authority.

iii.     For public health purposes in the public interest;

iv.     Archiving purposes in the public interest, scientific research historical research or statistical purposes; or

v.      The exercise or defence of legal claims.

9.    Complaints and Disputes

If an individual has a complaint about our handling of their Personal Information, they should address their complaint in writing to The Data Protection Officer, Breathe Education Pty Ltd at support@breathe.edu.au or at the Company’s registered postal address, details of which are found on our website.

If we have a dispute that relates in any way to an individual’s Personal Information, we must first attempt to resolve the dispute directly amongst us. An individual shall to seek a judicial remedy where he or she considers that his or her rights under the GDPR have been infringed as a result of the processing of his or her Personal Information in non-compliance with the GDPR. Any proceedings should be commenced in Victoria, Australia.

If we become aware of any unauthorised access to an individual’s Personal Information we will inform them at the earliest practical opportunity once we have established what was accessed and how it was accessed.

10.  Contacting individuals

From time to time, we may send an individual important notices, such as changes to our terms and conditions of service and our policies. Because this information is important to the individual’s interaction with us, they may not opt out of receiving these communications.