Terms of Service: Overview

This short section explains your rights and responsibilities in simple terms. Below you will find our legally binding terms of service.

You will also find a link to these terms on our e-learning platform.

1) We might change things

This site and the e-learning platform changes from time to time, which means we might change things, for example, we may change the data we collect about you. We don’t have to warn you about these changes, and it’s up to you to get up to speed when things change.

2) Once you have enrolled your learning has started and we can charge you for this

We supply Accredited and Non-Accredited Training in evidence-based rehabilitation and exercise methods (Services). Once you have enrolled in your training and we have issued you your e-learning platform login credentials, you’re ready to learn and you have entered an agreement for our Services.

If you are a student in one of our Accredited Training programs, you’ll be attending face-to-face learning sessions and accessing your online learning materials through our e-learning platform.

If you are a student in one of our Non-Accredited Training programs your learning materials may be delivered face-to-face, online by way of the Company’s e-learning platform or a combination of both.

In all cases, you have access to all of our digital learning materials and from this point on we will charge for our Services. That means if you later choose to vary or cancel your enrolment, you won’t be able to recover fees incurred up until the point you decided to cancel or change your enrolment. Also, we charge a variation/cancellation fee, so before you enrol, make sure you can commit to your studies, including any face-to-face learning sessions you may have.

For our Accredited Training students with a face-to-face learning component, we have an 80% attendance requirement for the face-to-face learning sessions that comprise your training program and we charge a Variation/Cancellation fee if you cannot or do not meet this minimum attendance requirement. For example, if there are a total of 5 face-to-face learning sessions in your training program, that means we require you to attend 4 out of 5 of these sessions.  If you attend only 3 of 5, you will not have met the 80% minimum attendance requirement and you will be required to vary your enrolment by enrolling in another stream of face-to-face sessions to meet the 80% minimum attendance requirement for that stream.

For Non-Accredited Training, irrespective of whether that training includes face-to-face learning components, your training, once paid for is non-refundable.

3) If you are enrolled in an Accredited Training program we can’t accept up front full payment of our fees

Sorry, but this is because we are an ASQA accredited Registered Training Organisation and all our Accredited Training programs are subject to Standards for Registered Training Organisations (RTOs) 2015 (Cth).  By law, we simply cannot take payment from you, up front for the whole of your training program. Payments of the Fee will be made in instalments, at intervals determined by us, from the date your enrolment commences, until your training program is paid for, or you cancel or vary your enrolment. These instalments are referred to in our terms as Periodic Payments. When you enrol, we will confirm with you when your Periodic Payments are due to be made and it is your responsibility to ensure that we are able to charge the payment to you using the payment credentials you supplied to us upon enrolment.

 

The situation is different if you are a student in our Non-Accredited Training programs. As the name suggests, these are non-accredited courses and these training programs may be paid for upfront or by instalments, which we refer to in these terms as Periodic Payments.

4) Respect and Privacy are important to us

We prioritise creating collaborative and inclusive educational spaces where everyone feels comfortable to learn. This means we ask students to respect one another and our teachers and for class time, whether that is online or face-to-face to remain a protected space.  For this reason, class time is confidential, as are our learning materials. You will find details of the obligation of confidentiality we require our students to observe in our legal terms and conditions.  Our Code of Conduct sets out what we expect of our students in terms of respectful behaviour. Our staff decide what behaviour is and isn’t ok and can do what they need to do, without warning, to address unacceptable behaviour.

5) We are happy to help

If you have a question or a concern, get in contact with our friendly staff who are here to help you. You can always contact a member of our team at support@breathe.edu.au. If things go seriously wrong lawyers get involved, which is bad for everyone.

Published on 4 December 2018.


 

Breathe Education Pty Ltd (ABN 30 154 699 019) Terms & Conditions of Service

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 training programs delivered by way of the Company’s e-learning platform and face-to-face components.  Non-Accredited training programs may be delivered face-to-face, online by way of the Company’s e-learning platform or a combination of both.  Use of the Services is subject to these Terms and Conditions of Service (Terms).

These Terms apply to Breathe Education’s supply of the Services and to each student’s enrolment in an Accredited Training or Non-Accredited Training program. As part of every student’s enrolment, they are required to first review and agree to these Terms.

These Terms were developed in consultation with Breathe Education’s lawyers to ensure Breathe Education’s approach complies with Australian Consumer Law and the Standards for Registered Training Organisations (RTOs) 2015 (Cth) (“Standards”).

2.    Definitions

The following terms are adopted in these Terms of Service and have a specific meaning:

When we refer in this document to “We” or “us” or the “Company” we are referring to Breathe Education Pty Ltd ABN 30 154 699 019.
When we refer to “you” or “Student” we are referring to you, the student and consumer of our education services, specifically our Accredited Training and Non-Accredited Training programs.

When we refer to “services” or “training” or “program” or “courses” we are referring to our education services, specifically our Accredited Training or Non-Accredited Training programs and their components, which comprise learning resources made available on our digital platform, accessible to students and known as our e-learning platform and our face-to-face learning components.

Also, Agreement means the agreement formed between Students and the Company under, and on the terms of, these Terms of Service.
Accredited Training means an ASQA accredited education program.

ACL Consumer Guarantees means the statutory guarantees for Services provided for under Schedule 1, 3-2, Subdivision B of the Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010 (Cth).

ASQA means the Australian Skills Quality Authority.

Assessment Tools/Tasks means methods of study assessment utilise to track and record your performance as against the qualification criteria corresponding to the Services and your particular training program.

Business Day means a day (other than a Saturday, Sunday or public holiday) on which banks are open for general banking business in Melbourne, Australia.
Cancellation/Variation Fee has the meaning given to it in this Agreement at clause 8.

Cooling off period is a period of 30 days and commences from the date your enrolment commences.

Default has the meaning described in this Agreement at clause 9.

Facebook Group means the Breathe Edu students Facebook Group or another Facebook Group administered by us and specific to a particular course.

Fee means the price for the Services, in Australian dollars, exclusive of GST, specified by us at the time of your enrolment and published on our website, https://breathe.edu.au/ together with any other fee incurred further to the Terms of this Agreement, specifically the Cancellation/Variation Fee.

GST has the meaning given to that term in the Act, A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Information About the Services means information communicated on the Facebook Group.

Intellectual Property means all copyright, patents, inventions, trade secrets, know-how, product formulations, designs, circuit layouts, databases, registered or unregistered trademarks, brand names, business names, domain names and other forms of intellectual property.

Lesson means any video, text, audio or written/hard copy content the Company makes available to you for the purposes of providing the Services.

Non-Accredited Training means a training program that is not ASQA accredited and related to education in evidence-based rehabilitation and exercise methods.

Payment Schedule means the schedule further to which Periodic Payments are made.

Privacy Act means the Privacy Act 1988 (Cth).

Privacy Policy means the Company’s privacy policy as updated from time-to-time, published on our website, https://breathe.edu.au/.

Payment Default has the meaning described in this Agreement at clause 9.

Periodic Payment means payment of the Fee for Accredited or Non-Accredited Training, in full, by way of partial payments deducted by us using the payment credentials you have supplied, and, in respect of our Accredited Training, are made in accordance with our compliance obligations as an ASQA Registered Training Organisation. Periodic Payments are charged at intervals, determined by us, throughout the duration of our provision of the Services and commencing upon enrolment.

Registered Training Organisation means a registered training provider registered by ASQA to deliver vocational training services.

Statement of Attainment means a transcript listing units of competency achieved and completed with us and relates to components of a training program that have been successfully completed. Note, this is not a qualification.

Tax Invoice has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Terms of Service means these terms and conditions of using Breathe Education services, as updated from time to time, which can be found at https://breathe.edu.au/.
User means any enrolled student or consumer of our Services, or member of the Facebook Group.

User Content means images, information, documents or other data that is uploaded or input into the e-learning platform by the User or that forms part of the User’s Intellectual Property.

3.    Supply of the Services

Any information we provide in respect of the Services does not constitute an offer to sell but constitutes an invitation to treat only, and is subject to the availability of the Services, which may change from time to time.

By submitting your enrolment, you are offering to purchase the Services at our current price at the date you submit your enrolment and is deemed accepted by us upon notification by us, to you, of your login credentials to our e-learning platform, which will be made to your nominated email address provided in your enrolment submission.
Upon submitting your enrolment (whether you have done so by way of our website or on a telephone call with one of our team) you agree that:

a.      you have read and agree that our supply of Services to you is subject to these Terms;

b.     upon receiving your login credentials to our e-learning platform you are required to log into our platform and join our Facebook Group;

c.      you agree that all use of the e-learning platform and Facebook Group is subject to these Terms;

d.     if you are under the age of 18 you must not access our Services without your parent or legal guardian’s consent;

e.      you shall be responsible for paying the Fees for our Services from the date your enrolment commences, being the date we provide your login credentials to our e-learning platform to you; and

f.       we may suspend provision of the Services, including your access to our e-learning platform if you breach the terms of this Agreement.

4.    Guarantee and limitation of liability

Our e-learning platform is the place you will find components of our Services that are delivered online that you are required to complete at your own initiative and pace.  They comprise Lessons and Assessment Tasks/Tools.

Face-to-Face learning opportunities are the classes you attend in person, if your training includes this component. Accredited Training includes face-to-face components. Non-Accredited Training may or may not include face-to-face learning components. Face-to-face learning opportunities comprise Lessons and Assessment Tasks/Tools.

The Facebook Group is the place where you will find information about the Services shared amongst your student cohort (Information About the Services).

You agree that:

a.      The Services and Information About the Services are provided in accordance with the ACL Consumer Guarantees, being:

I.         The Services will be provided with due care and skill;

II.         The Services will be fit for any specified purpose, that purpose being confined to the corresponding qualification further to which they are provided;

III.         The Services will be supplied within a reasonable time, being the time commencing upon issue of your enrolment credentials until the stated end date of your training, which may be varied in accordance with these Terms;

b.     Except to the extent the Services are supplied in observance of the ACL Consumer Guarantees or similar legislation of other States or Territories, you rely on the Services and Information About the Services at your own risk and in no event will the Company or the Company’s related entities be liable to you for your reliance on the Services and/or information provided to you about the Services;

c.      Except as expressly provided in clause 4(a), all conditions and warranties, whether express or implied by law or otherwise in respect of the Services or any advice, recommendations or information regarding the Services provided by the Company which may, apart from this clause, be binding on the Company are excluded to the fullest extent permitted by law; and

d.     To the fullest extent permitted by law, the Company is discharged from any liability in respect of the Services being wrong or defective or the Information About the Services being inaccurate and the maximum liability the Company will be liable to you for breach of this Agreement or in respect of the provision of the Services is limited, at the Company’s option to the re-supply of the Services or payment of the cost of re-supply of the Services.

e.      Without limiting any other provision of this Agreement, the Company, its related entities, their officers, employees, contractors and consultants are not liable for any Loss a student suffers as a result of improper engagement in the use of the Services or the Information About the Services, including but not limited to use of the Services or Information About the Services that is otherwise inconsistent with the instructions of the Company, its related entity, or their officers, employees, contractors or consultants.

f.       The term “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.

g.      The term “Consequential Loss” means loss beyond the normal measure of damages and includes indirect loss, loss of reputation, loss of profits, loss of actual or anticipated savings, loss of bargain and loss of opportunities.

5.    Conduct in using the Services and Facebook Group

You agree that in using the Services and Facebook Group you will abide by the terms of our Code of Conduct and that the Company accepts no responsibility and is not liable for:

a.      the conduct of any other User of the Services or member of Facebook Group;

b.     any interaction between Users of the Services or members of the Facebook Group, whether that interaction occurs via the e-learning platform, Facebook Group or otherwise;

c.      the Company makes no warranty or representation as to the accuracy of any information provided by any User of the Services / member of the Facebook Group or as to the character or credentials of any User / member of the Facebook Group.

6.    Student generated content and content generated with or about students
Student Generated Content
You acknowledge and agree that:
a.      we may enable a User to create User Content, but that by doing so that User shall not acquire an interest to any Intellectual Property owned by the Company, which may exist in the Company, or is owned or exists in a third party.

b.     User Content is the sole responsibility of the person that provided the User Content to the Company.

c.      the User indemnifies the Company for any User Content that is illegal, offensive, indecent or objectionable that the User makes available using the Services or the Facebook Group.

d.     the Company may suspend accessibility to, remove or edit User Content via the e-learning platform or the Facebook Group that the Company determines is illegal, offensive, indecent or objectionable in its sole discretion.

e.      to the extent permitted by law, under no circumstances will the Company be liable in any way for User Content.

f.       the User warrants that it has all necessary Intellectual Property Rights to use User Content, and shall indemnify the Company for any infringement the User commits of third-party Intellectual Property Rights by using User Content on e-learning platform or Facebook Group.

g.      in order to provide the Services afforded by the e-learning platform or Facebook Group, where the User Content includes the User’s brand, logo or other intellectual property, it grants the Company a worldwide, revocable license to use the User Content, for the term of this Agreement.

6. Content Generated with or about students

In the course of attending face-to-face components of our Services (if your training includes this), or otherwise in the course of us delivering the Services, we may take photos or film or other visual or audio recordings of you, our student.

You acknowledge and agree:
h.     that we, the Company, may use you name, likeness, audio-visual and/or photographic image for official purposes;

i.       that you consent to the publication of your visual or aural representation, photographic image and name in our marketing and education materials, including publication to our website and e-learning platform and grant to the Company the right to use the photograph/s and photographic negative/s (whether digital or film) for these, and any other purpose, which may include, but is not limited to publication of emails, banner ads, posters, newsletters, newspapers, catalogues, video collages, etc;

j.       to grant the Company the right to crop and/or collage such image(s) identified at 6(h) and (i) with others;

k.      that we may transmit the image(s) or video identified at 6(h) and (i) in digital form over the Internet and that, while we will exercise reasonable precautions to secure the image from distribution outside of our network, the image(s) may inadvertently be transmitted to third-party computers;

l.       that you release and forever discharges the Company, its agents, officers, employees and contractors from any and all claims and demands arising out of or in connection with the use of photographs/film/other audio-visual material identified at 6(h) and (i), including but not limited to, any and all claims for invasion of privacy, defamation, or financial compensation.

 

7.    Terminating or varying your enrolment

If you wish to terminate, vary or defer the provision of Services before completing your training, you must notify us in writing, by emailing support@breathe.edu.au AND pay the Cancellation / Variation Fee.

8.    Fees, Payment and Refunds

8.1        Fees

You are liable to pay the Fee for the Services upon commencing your enrolment, which occurs once we have received your enrolment submission and issued you your login credentials to the e-learning platform.

You will have supplied your payment credentials upon submitting your enrolment and further to the terms of this Agreement you agree that we are to use these credentials to deduct the Fee.

For Non-Accredited Training we may charge the Fee either up front or on an agreed payment schedule.  By agreeing to these Terms, you agree to us deducting the Fee at intervals, to be determined by us, throughout the duration of your course, commencing from the date of your enrolment.

For Accredited Training we charge Periodic Payments of the 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. For this reason, the Fee may not be paid in full up front.  By agreeing to these Terms, you agree to us deducting the Fee at intervals, to be determined by us in accordance with our ASQA compliance requirements, throughout the duration of your course, commencing from the date of your enrolment.

For Periodic Payments: When you enrol we will confirm with you when your Periodic Payments are due to be made (Payment Schedule) and it is your responsibility to ensure that we are able to charge the payment to you using the payment credentials you supplied to us upon enrolment. You acknowledge and agree that we may alter the Payment Schedule as required. If we alter your Payment Schedule we will give you reasonable notice of this.

8.2        GST

Any Fees charged by the Company to you, unless expressed otherwise, shall be deemed exclusive of GST. The Company will provide you with a Tax Invoice for any payments of the Fee or of any other fees incurred further to the terms of this Agreement (e.g. the Cancellation/Variation Fee).

8.3        Cooling off period

‘If you decide you do not want to continue with your training and wish to cancel the Services, you can terminate this Agreement within 30 days from the date your enrolment commenced. To do so, you will need to notify us in writing. Upon receiving your notice, we will un-enrol you from your training, terminate provision of the Services and issue you a full refund of the Fee. You will not be required to pay a Cancellation/Variation Fee.

8.4        Refunds

We offer a full refund of the Fee:

a.      inside the Cooling Off Period; and

b.     further to the ACL Consumer Guarantees.

We offer a Partial Refund of the Fee if you cancel, vary or defer your enrolment outside the Cooling Off Period. Partial Refunds do not apply to Periodic Payments that have already been made and a Cancellation/Variation Fee applies.

8.5        Calculating Partial Refund and Deemed Delivery of the Services
A Partial Refund is a refund only for that portion of the Fee that corresponds to that part of the Services that has not yet been delivered to you.

It is important to us that you understand what we mean by “delivered”. By “delivered”, we mean any course content that has been made available to you, whether by way of our e-learning platform or face-to-face delivery.  For this reason, you acknowledge and agree that:

I.         our Services are delivered to you in one or a combination of the following components; face-to-face and online learning and assessment;

II.         our provision of the Services commences when you submit your enrolment and it is confirmed by us in the form of a confirmation email providing you with login credentials to the e-learning platform where you are required to access the online learning materials and pace your online learning at your own initiative.  While we make recommendations about how a student should pace their online studies – details are on our e-platform and vary based on the training program – it is ultimately up to each student as to how fast or slow they progress through their studies. A student’s actual or expected progression through the e-learning materials does not bear on the deemed delivery of this aspect of our Services.   Once you have completed enrolment and have been issued e-learning login credentials, the online component of our Services is deemed to have been delivered to you irrespective of how quickly or slowly you advance through these materials;

III.         delivery of the online components of the Services is deemed to be delivered when you are issued access credentials to the e-learning platform. This is the case irrespective of whether or when you decide to access those materials;

IV.         delivery of the face-to-face components of the Services is made when you attend those sessions, noting that you have, by entering this Agreement, committed to attending all your face-to-face sessions and therefore you are required to pay for these sessions irrespective of whether you attend them or not;

V.         Periodic Payments of the Fee are not refundable because they are made in respect of a portion of the Services that have been delivered.  Only where you have made payment for the Services and that part of the Services has not yet been delivered to you (whether that part is online or face-to-face) will you be entitled to a Partial Refund. For example, if you are enrolled in your Accredited Training program for 4 out of 7 months and have accessed only a few online learning modules, you will still be required to pay for access to and delivery off all of the online training and face-to-face sessions made available to you. The only refund you will be entitled to is Periodic Payments to be incurred after the date you notify us you are cancelling or varying your enrolment and have paid the Cancellation / Variation Fee. In practical terms, this just means we will cease making deductions using the payment credentials you have supplied to us from the date of cancellation, less of course, the Cancellation / Variation Fee.

8.6        Cancellation / Variation Fee

A Cancellation / Variation Fee of $500 is charged in addition to the Fee in the event you wish or are required* to cancel or vary the provision of the Services outside the Cooling Off Period. The Cancellation / Variation Fee is non-punitive. It represents a reasonable estimate of our costs of unenrolling you from our internal systems and, in relation to the provision of training that includes face-to-face learning components, of the losses that we incur and are associated with the place we have held for you in the training course that you have been enrolled in that would otherwise have been occupied had you not filled it. If you are entitled to a Partial Refund of your Fee, the Cancellation / Variation Fee is deducted from any Partial Refund. If you are entitled to a Full Refund, the Cancellation / Variation Fee is not charged.

If you are enrolled in Accredited Training and you do not meet the 80% minimum attendance requirement for the face-to-face components (or sessions) of your training you will need to pay the Cancellation / Variation Fee. Therefore, if you can’t or have not attended 80% of the face-to-face sessions of your training program, you will be required to cancel out of your training program and enrol in a new iteration of that training program and the Cancellation / Variation Fee will be applied.

We do not offer any refund in the event you are enrolled in Non-Accredited Training that includes face-to-face learning sessions and you do not attend those sessions.  Depending on the course, you may also forfeit your opportunity to complete the course.

For illustrative purposes, let’s say your big red dog dies. You have to go to his funeral and you miss a face-to-face class. You’ve already missed a few. This means you fail to meet the 80% minimum attendance requirement for your course.  Unfortunately, this means you must pay the Variation/Cancellation Fee.

8.7       Change of Mind

We do not offer any refund of the Fee outside the Cooling Off Period for Services that have been delivered if you change your mind or your personal circumstances change after your enrolment is confirmed and you can no longer participate in your training program.

8.8        Extenuating Circumstances

We reserve a discretion, exercised by us alone, to vary our enforcement of these Terms in the event that there are special circumstances that warrant us to do so and are to the benefit of you, our Student. Such circumstances are assessed on a case-by-case basis and any decision on our part as to the exercise of this discretion is final. Please note, we do not consider changes in your personal circumstances that are beyond our influence or control in and of themselves extenuating circumstances. For this reason, we do not consider students falling pregnant, changes to work situations or schedules or getting married extenuating circumstances for the purpose of this clause.

For illustrative purposes, let’s say you get struck by lightning. This is an event that is outside of your control. It is also very serious. In these circumstances, precisely because being struck by lightning is beyond your control and very serious, we will consider exercising our choice (not yours) to relieve you of your contractual obligations. By contrast, let’s say you get struck by cupid’s arrow and you fall in love and consequently have to move to Mauritius with your beloved. This is great, but not serious, and within your control (the moving part, not the falling in love part). For these reasons we won’t consider your situation warrants exercising our choice (not yours) to relieve you of your contractual obligations.Examples of the types of situations we will consider (but are not obliged to recognise as) extenuating circumstances are:

·       Death of a family member in your immediate family;

·       Serious medically diagnosed illness – of you or of a member in your immediate family.

In all situations when we consider extenuating circumstances we will ask you to support your request with documentation that demonstrates to our satisfaction (not yours) your claim. For example, if you identify that you have a medically diagnosed illness, we will ask for supporting documentation and will require a degree of specificity about your medically diagnosed illness that will address why you are unable to attend.

9.    Non-payment & Student default

9.1        Student default

You will be in breach of these Terms and Conditions and in Default if:

a.      You breach our Code of Conduct;

b.     You breach the terms of this Agreement as they apply to Confidentiality or Intellectual Property;

c.      You make or cause a Payment Default to be made; or

d.     You are declared or commit an act of bankruptcy, enter into an arrangement or composition with your creditors, signs an authority under Part X of the Bankruptcy Act or any execution is levied against your property.

9.2        Payment Default

By submitting your enrolment, you consent for the Company to deduct the Fee for your training program. For Accredited Training the Fee is deducted in the form of Periodic Payments and for Non-Accredited Training the Fee is deducted either in one go upon confirmation of your enrolment or in the form of Periodic Payments.  By agreeing to our Terms, you agree to our use of the payment credentials you have supplied to us in order to deduct the Fee for the Services.

In the event that you do not make payment of the Fee for our Services, including if a Periodic Payment or other payment is declined (Payment Default), we will contact you to advise you of the Payment Default and request prompt or immediate payment.

9.3        Consequence of Student Default

For clarity, you acknowledge and agree that time is of the essence in so far as it relates to any obligation to pay the Fee or any money owed further to this Agreement, and that any Default, including a Payment Default is to be regarded a material breach of this Agreement.

In the event that a Default occurs, the Company reserves the right to:

a.      terminate or suspend delivery of the Services, including the e-learning platform and the Facebook Group;

b.    take any action it considers reasonably necessary to secure performance of this Agreement, including but not limited to referral of the matter to a third party, such as the Company’s lawyers, to recover any debt owed to the Company, charge interest on all amounts you  owe us at the rate of 1% per month calculated daily and payable by  you for each day immediately following the due date for payment until payment is made in full;

c.    be reimbursed for, and recover from you, all costs and expenses incurred by the Company in seeking to collect amounts owed by you, including, without limitation, the costs of any collection agents the Company engages, and the legal costs (on a solicitor and client basis) the Company pays;

d.    demand immediate payment for all Services delivered to you by the Company, the payment of which would otherwise not have been then due and payable;

e.    terminate or suspend delivery of any Services which is the subject of any other sale between you and us; and

f.    terminate this Agreement and cease providing you with the Services. The Company will not be obliged to notify you before exercising its rights as outlined above and these rights will be in addition to any other rights that the Company may have at law or in equity.

10.  Academic and Financial Credit

If you transfer out of, or cancel your enrolment in one training program and enrol in another within 12 months of transferring or cancelling your enrolment in the first training program, you will, subject to the provisions of this clause 10, receive academic credit for completed units of study common to both training programs and financial credit for any payments you have made towards those units of study under these Terms of Service, less the Cancellation/Variation Fee.

Financial Credit

If you re-enrol in the same training program within 12 months of cancelling your enrolment, you will receive from us financial credit for any payments you have made towards your training program under these Terms of Service, less the Cancellation/Variation Fee.

Academic Credit

If you cancel your enrolment and terminate the provision of our Services, you will receive a Statement of Attainment for any units of study that you have completed. Incomplete units are not eligible for academic credit.

If you have successfully completed a unit of study you will receive academic credit for that unit of study for so long as we retain our ASQA accreditation for that particular Accredited Training program. From time-to-time (approximately every 5 years) we re-accredit our Accredited Training programs with ASQA. If you enrol in a later training program that happens to fall after a re-accreditation, you will not receive academic credit if the unit of study you completed in the earlier training program is no longer part of the re-accredited training program. On the other hand, if the unit of study completed in the earlier training program is part of the re-accredited training program you will receive academic credit for it. In all instances we endeavour to recognise prior learning where sufficient evidence of same is provided but we reserve the exclusive right to determine whether a particular training program qualifies for academic credit and/or a student is recognised for prior learning.

11.  Confidentiality

11.1         Definitions

For the purpose of this clause:

Confidential Information means the following, whether or not in material form:

a.      all information already disclosed or to be disclosed or made available by the Recipient to the Discloser further to the terms of this Agreement or otherwise divulged to the User in the course of the Discloser providing the Services;

b.     that part of all notes and other records prepared by the Recipient or the Discloser based on, or incorporating, the Confidential Information; and

c.      all copies of any Confidential Information.

Discloser means the Company

Permitted Purpose means the provision of the Services to the Student.

Recipient means the you, the Student.

11.2      Disclosure and use

The Recipient must:

a.      keep the Confidential Information in strict confidence and only use the Confidential Information for the Permitted Purpose;

b.     not disclose, or cause or permit the disclosure of, the Confidential Information nor allow any other persons to do so, except with the prior written consent of the Discloser;

c.      not make use of the Confidential Information to the commercial, financial or competitive disadvantage of the Discloser nor allow any other persons to do so; and

d.     not reproduce any Confidential Information,

except where the Confidential Information is required to be disclosed by applicable law, or under compulsion of law by a court or Government agency, as long as the Recipient discloses the minimum amount of Confidential Information required to satisfy the law and before disclosing any information, the Discloser

e.      promptly notifies the Discloser before making any such disclosure;

f.       takes all reasonable measures to oppose or restrict such disclosure, or to make disclosure on terms which preserves as far as possible the confidentiality of the Confidential Information; and

g.      takes such steps as reasonably required by the Discloser (at the Discloser’s cost) to permit the Discloser to have a reasonable opportunity to oppose or challenge or restrict the disclosure by lawful means; or

h.     is or becomes available in the public domain otherwise than as a result of a breach of this Agreement or other obligation of confidence.

11.3      Breach and remedy

The Recipient must notify the Discloser immediately if it becomes aware of a suspected or actual breach of this clause and take all reasonable steps (other than initiating court proceedings), at its own expense, required to prevent or stop the suspect or actual breach.

11.4      Injunctive relief

The Recipient acknowledges that the Discloser may suffer financial and other loss and damage if any unauthorised act occurs in relation to Confidential Information of the Discloser, that monetary damages would be an insufficient remedy and in addition to any other remedy available at law or in equity, the Discloser is entitled to injunctive relief to prevent a breach of, and to compel specific performance of this clause.

11.5      Indemnity

The Recipient indemnifies the Discloser and its related entities for any actual and direct loss or damage suffered by the Discloser or its related entities resulting from a breach of this Agreement by the Recipient or as a result of any unauthorised use or disclosure of any Confidential Information by any Permitted Person.

11.6      Return or destruction

Subject to clause 11.7, if requested by the Discloser, the Recipient’s right to use the Confidential Information ceases and the Recipient must immediately, at the Discloser’s sole option: return to the Discloser; destroy and certify in writing to the Discloser the destruction of; or destroy and permit the Discloser to witness the destruction of all Confidential Information.

11.7      Exemption

Clause 11.6 does not apply to or require the return, deletion, alteration or destruction of any legal advice or opinions prepared for or by the Recipient.

12.  General Conditions

12.1      License

By accepting the terms and conditions of this Agreement, you, the User is granted a limited, non-exclusive and revocable licence to access and use the Services, including the e-learning platform and the learning materials contained on it, for the sole purpose of the provision of the Services to you, for the duration of this Agreement, in accordance with the terms and conditions of this Agreement.  The Company may issue the licence to the User on the further terms or limitations as it sees fit.  The Company may revoke or suspend the User’s licence in its absolute discretion for any reason that it sees fit, including for breach of the terms and conditions in this Agreement by the User.

12.2      Modification of Terms

The terms of this Agreement may be updated by the Company from time-to-time.  Where the Company modifies the terms, it will endeavour to provide, but is not required to give notice or a copy of the updated Agreement to the User, which may be found, published on https://breathe.edu.au/. It is the User’s responsibility to ensure that it has read, and the User will be required to accept the modified Agreement when such updates are made.

12.3      E-learning platform; software-as-a-Service

The User agrees and accepts that the Company’s e-learning platform is:

a.      Hosted by the Company and shall only be installed, accessed and maintained by the Company, accessed using the internet or other connection to the servers operated by the Company and is not available ‘locally’ from the User’s systems; and

b.     Managed and supported exclusively by the Company from the servers operated by the Company and that no ‘back-end’ access to the e-learning platform is available to the User unless expressly agreed in writing.

As a hosted and managed service, the Company reserves the right to upgrade, maintain, tune, backup, amend, add or remove features, redesign, improve or otherwise alter the e-learning platform.

12.4     Support

The Company provides user support for the e-learning platform via the email address support@breathe.edu.au.

The Company shall endeavour to respond to all support requests within 3 Business Days.

12.5      Use & Availability

The User agrees that it shall only use the Services for legal purposes and shall not use it to engage in any conduct that is unlawful, immoral, threatening, abusive or in a way that is deemed unreasonable by the Company in its discretion.

The User is solely responsible for the security of its username and password for access to the e-learning platform. The User shall notify the Company as soon as it becomes aware of any unauthorised access of its account.

The User agrees that the Company shall provide access to the e-learning platform to the best of its abilities, however access to platform may be prevented by issues outside of the Company’s control and it accepts no responsibility for ongoing access to the e-platform, except to the extent that it required to do so further to the terms of the ACL Consumer Guarantees or similar legislation of other States or Territories.

12.6      Privacy

The Company maintains the Privacy Policy in compliance with the provisions of the Privacy Act for data that it collects about the User.  The Privacy Policy is available here. https://breathe.edu.au/privacy-policy/ The Company may use cookies (a small electronic tracking code) to improve a User’s experience while browsing, while also sending browsing information back to the Company. The User may manage how it handles cookies in its own browser settings.

12.7       Data

Security. The Company takes the security of the e-learning platform and the privacy of its Users very seriously. The User agrees that the User shall not do anything to prejudice the security or privacy of the Company’s systems or the information on them.

Transmission. The Company shall do all things reasonable to ensure that the transmission of data occurs according to accepted industry standards. It is up to the User to ensure that any transmission standards meet the User’s operating and legal requirements.

Storage. The Company stores data on servers based in Australia and elsewhere globally according to accepted industry standards. If the User requires its User Content to be stored in a different location, the Company may charge the User a fee to do so.

Backup. The Company shall perform backups of its entire systems in as reasonable manner at such times and intervals as is reasonable for its business purposes. The Company does not warrant that it is able to backup or recover specific User Information from any period of time unless so stated in writing by the Company.

12.8       Intellectual Property

Trademarks. The Company has moral & registered rights in its trademarks and the User shall not copy, alter, use or otherwise deal in the marks without the prior written consent of the Company.

Proprietary Information. The Company may use software and other proprietary systems and Intellectual Property for which the Company has appropriate authority to use, and the User agrees that such is protected by copyright, trademarks, patents, proprietary rights and other laws, both domestically and internationally. The User warrants that it shall not infringe on any third-party rights through the use of the Services or the Information About the Services.

Services, including but not limited to the e-learning platform. The User agrees and accepts that Services, including but not limited to the e-learning platform and content contained on it is either the Intellectual Property of the Company or the intellectual property of a third party further to which the Company is licensed to use that Intellectual Property and the User further warrants that by using Services the User will not:

a.      Copy the Services, including but not limited to the information contained on the e-learning platform or otherwise provided to the User, or any part thereof, for any other purpose except the User’s use of the Services; or

b.     Directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, architecture, algorithms contained in the e-learning platform or any documentation associated with it.

Content. All content submitted to the Company, whether via the e-learning platform or directly by other means, becomes and remains the Intellectual Property of the Company, including (without limitation) any source code, analytics, insights, ideas, enhancements, feature requests, suggestions or other information provided by the User or any other party with respect to the e-learning platform.

12.9       Disclaimer of Third Party Services & Information

The User acknowledges that the Company’s Services, including but not limited to the digital platform hosted on its website, further to which enrolment may be made by you and your payment credentials and other information supplied; the e-learning platform; and the Facebook Group are dependent on third-party services, including but not limited to:

a.      Banks, credit card providers and merchant gateway providers;

b.     Telecommunications services;

c.      Hosting services;

d.     Email services; and

e.      Analytics services.

The User agrees that the Company shall not be responsible or liable in any way for Interruptions to the availability of the Services or the Facebook Group due to third-party services or information contained on any linked third-party website.

12.10    Termination

We may terminate this Agreement for no reason by giving you one months’ written notice and immediately if it appears you are in breach of these terms or our Code of Conduct.

You may terminate this Agreement at any time upon written notice, noting that full and Partial Refunds are available further to the terms of this Agreement and that a Cancellation / Variation Fee applies in the event you terminate the Agreement outside the Cooling Off Period.

Termination of this agreement is without prejudice to and does not affect the accrued rights or remedies of any of the parties arising in any way out of this agreement up to the date of expiry or termination.

All of the rights and obligations of each party under these terms and conditions which are expressed as surviving termination and/or expiry, or which by their nature or context must survive termination and/or expiry, will survive the termination and/or expiry of this Agreement.

12.11    Dispute Resolution

12.11.1   If any dispute arises between the parties in connection with this Agreement (Dispute), then either party may notify the other of the Dispute with a notice (Dispute Notice) which:

a.      Includes or is accompanied by full and detailed particulars of the Dispute; and

b.     Is delivered within 10 Business Days of the circumstances giving rise to the Dispute first occurring.

12.11.2   Within 10 Business Days after a Dispute Notice is given, a representative of each party with the authority to resolve the dispute, must meet (virtually or otherwise) and seek to resolve the Dispute.

12.11.3   Subject to clause 12.11.4, a party must not bring court proceedings in respect of any Dispute unless it first complies with the requirements of the dispute resolution mechanism outlined in this clause.

12.11.4   Nothing in this clause prevents either party from instituting court proceedings to seek urgent injunctive, interlocutory or declaratory relief in respect of a Dispute.

12.11.5   Despite the existence of a Dispute, the parties must continue to perform their respective obligations under this document and any related agreements.

12.12    Electronic Communication, Amendment & Assignment

The words in this clause that are defined in the Electronic Transactions Act 1999 (Cth) have the same meaning.

A consent, notice or communication under this Agreement is effective if it is sent as an electronic communication unless required to be physically delivered under law.

The User can direct notices, enquiries, complaints and so forth to the Company as set out in this Agreement. The Company will notify the User of a change of details from time-to-time.

The Company will send the User notices and other correspondence to the details that the User submits to the Company, or that the User notifies the Company of from time-to-time. It is the User’s responsibility to update its contact details as they change.

Notices must be sent to the parties’ most recent known contact details.

The User may not assign or otherwise create an interest in this Agreement.

The Company may assign or otherwise create an interest in its rights under this Agreement by giving written notice to the User.

12.13    Miscellaneous

Disclaimer. Each party acknowledges that it has not relied on any representation, warranty or statement made by any other party, other than as set out in this Agreement.
Relationship. The relationship of the parties to this Agreement does not form a joint venture or partnership.

Waiver. No clause of this Agreement will be deemed waived and no breach excused unless such waiver or consent is provided in writing. Any failure, delay, or omission by the Company to insist upon strict performance of this Agreement shall not constitute a waiver or variation of such obligations or rights or a waiver of the default or remedy thereof.

Further Assurances. Each party must do anything necessary (including executing agreements and documents) to give full effect to this Agreement and the transaction facilitated by it.

Governing Law and Jurisdiction. This Agreement is governed by the laws of Victoria, Australia. The Company may elect in which jurisdiction to commence legal action for enforcement of this Agreement.

Severability. Any clause of this Agreement, which is invalid or unenforceable, is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of this Agreement.

Interpretation. The following rules apply unless the context requires otherwise:

a.              Headings are only for convenience and do not affect interpretation.

b.              The singular includes the plural and the opposite also applies.

c.               If a word or phrase is defined, any other grammatical form of that word or phrase has a corresponding meaning.

d.              A reference to a clause refers to clauses in this Agreement.

e.              A reference to legislation is to that legislation as amended, re-enacted or replaced, and includes any subordinate legislation issued under it.

f.               Mentioning anything after includes, including, or similar expressions, does not limit anything else that might be included.

g.              A reference to a party to this Agreement or another agreement or document includes that party’s successors and permitted substitutes and assigns (and, where applicable, the party’s legal personal representatives).

h.              A reference to a person, corporation, trust, partnership, unincorporated body or other entity includes any of them.

i.           A reference to information is to information of any kind in any form or medium, whether formal or informal, written or unwritten, for example, computer software or programs, concepts, data, drawings, ideas, knowledge, procedures, source codes or object codes, technology or trade secrets.


 

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 e-learning platform and face-to-face components.  Non-Accredited training programs may be delivered face-to-face, 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 may be shared with members of the public; please be respectful to all patrons of these locations.

3.    Manual Guidance

There is a lot of touching involved in teaching evidence-based rehabilitation and exercise methods. In our Accredited Training programs, we include face-to-face learning opportunities and our Non-Accredited training may include face-to-face learning where our students engage in and practice this skill together.  We call this Manal Guidance.  Manual Guidance is important because it:

  • Communicates care (e.g. pat on the shoulder);
  • Helps teach correct movement (e.g. hands on ribs to reposition torso);
  • Increases or decreases challenge of an exercise (e.g. a hand across the front of the ankles, supporting the legs in the roll up exercise); and
  • Is always made with care and consideration for the people involved.

By submitting your enrolment, you agree to participate in learning environments that involve Manual Guidance and to participate in Manual Guidance yourself. You may revoke this consent at any time by notifying our staff or your teacher, as the situation requires.

It is important to note that what one student may consider acceptable touch may not be considered acceptable by another and that a set of rules about acceptable touch will never be exhaustive or appropriate for all situations.  We expect students to exercise good judgment, to be aware that standards of acceptability are subjective and to make sure they are aware of other’s boundaries.  Below is a guideline of what types of behaviours are acceptable types of Manual Guidance and what types of behaviour are not. If you have any questions about either, speak with your teacher or our staff.

Acceptable Touch

  • Touch administered to communicate care, prompt or teach correct movement, increases or decreases the challenge of an exercise
  • Touch made with care and consideration for the people involved.

Not Acceptable Touch

  • Touch that makes either person feel uncomfortable
  • Touch that is too rough
  • Touch that is made after someone has expressly requested for it to stop

4.    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.
  • Inappropriate physical contact. See the section above for examples of inappropriate physical contact in the class environment.
  • 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.

5.    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.

6.    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.

7.    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 e-learning platform and face-to-face components.  Non-Accredited training programs may be delivered face-to-face, 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.

Published on 04/12/2018