1. Scope

Keypath Education Australia Pty Ltd ACN 168 643 730 trading as MBA Discovery (MBA Discovery) respects the importance of information privacy and is committed to ensuring its clients’ Personal Information is managed appropriately.

We are bound by the Privacy Act 1988 (Cth) (Act), as amended from time to time, and comply with the Australian Privacy Principles (APPs) as set out in the Act.  The APPs regulate the manner in which we can collect, use, keep secure and disclose Personal Information.

In the course of conducting our business, we collect Personal Information. This Privacy Policy is intended to set out how we comply with the APPs when dealing with that Personal Information.

By providing your Personal Information to us, you agree to the handling of your Personal Information by us as described in this Privacy Policy.

2. Definitions

In this Privacy Policy:

• Personal Information means information or an opinion about an identified individual, or an individual who is reasonably identifiable – whether the information or opinion is true or not and whether the information or opinion is recorded in a material form or not.
• Sensitive Information is a subset of Personal Information and includes information or an opinion about an individual’s racial or ethnic origin, political opinions, religious beliefs or affiliations, membership of a trade union; sexual orientation or practices, criminal record and health.
• We, Our and Us means MBA Discovery.
• You and Your means the person(s) whose Personal Information is being collected under this Policy.

3. Collection Methods and Purposes

We collect Personal Information about visitors to our website, our clients and potential clients, students, potential students, employees, potential employees, contractors, suppliers and other personnel with whom we liaise in order for us to properly conduct our business, provide services to our clients and to carry out our business functions and activities.

Where it is reasonably practicable for us to do so, we collect Personal Information directly from you. We endeavour to only collect Personal Information that is required from you. Sometimes we receive and collect Personal Information about you from third parties, such as our business associates, where it is legally allowable for us to do so. We may also collect Personal Information from publicly available sources.

We collect Personal Information about you when you make an enquiry with us and when we are otherwise engaged us to provide our products and services.

The kinds of Personal Information we may collect includes, but is not limited to:

• Your name, date of birth, address, phone number, educational qualifications, occupation and experience, professional membership, student identification numbers, and other contact information;
• in some circumstances, tax file numbers, Australian Business Numbers, passport information and driver’s licence information; and
• electronic data collected when you use our website, including your IP address, browser type, geographical tags, cookies and statistical data.

We rarely need to collect Sensitive Information and will not do so unless we are authorised by law or otherwise have your consent.

Prior to collection Personal Information from you, we will take reasonable steps to inform you why the information is being collected, how it will be used and to whom it will be disclosed.

Generally, you are under no obligation to provide any Personal Information to us. However, if you do not provide the Personal Information we require, we may not be able to provide you with the services you have requested from us.

You can be anonymous or use a pseudonym when dealing with us, unless it would be impracticable for us to deal with you on such basis or if the use of your true identity is a legal requirement.

For example, we may not require any Personal Information from you to respond to a simple telephone enquiry regarding our services, however, we will require your Personal Information to perform services on your behalf.

4. Use and Disclosure

We use Personal Information to conduct our business, to carry on our marketing activities and to comply with our legal obligations.  In particular, we use Personal Information to:

• provide our services, including engaging with education providers and providing information in relation to their services;
  respond to your enquiries;
• maintain and develop our relationship with you;
• market our services including by providing you with information about matters which may be of interest to you;
• consider your application for employment by us, if applicable;
• comply with our legal obligations;
• research, plan and develop our business; and
• manage risk and security.

We may also use Personal Information that we have collected to periodically send you promotional emails about new services or courses that may be of interest to you, special offers or other information which we think may be useful to you.

We use Personal Information for the primary purpose for which it is collected.  We may also use your personal information for related purposes that you would reasonably expect including our administrative and accounting functions, marketing and promotions, feedback, newsletter communications, statistical collection and website analysis.

Your Personal Information is treated by us as strictly private and confidential, and will not be disclosed to third parties unless:

• you consent to such disclosure;
• the disclosure is required in the course of providing our services to you;
• the disclosure is to an external service provider on a confidential basis;
• the disclosure is to a third party recruitment firm in respect of your prospective employment by us;
• the disclosure is required to enforce our terms of service;
• the disclosure is in connection with the actual or proposed sale, merger or divestment of all or part of our business (whether or not any such transaction is completed); or
• we are required or permitted to do so by law.

We will not disclose your Personal Information to third parties for the purposes of marketing of their products or services to you, other than those parties to which you have provided us prior agreement.  We do not sell or trade personal information, or allow third parties to use that personal information for their own purposes.

We may disclose your Personal information to universities and other tertiary education providers in the course of providing our services to you, including providing your Personal Information to our related companies and to education providers which may be located outside Australia.

From time to time we may employ other companies and people to perform tasks on our behalf, and we may need to share your Personal Information with them to provide services to you.

5. Overseas Disclosure

Our technology and data may be hosted or accessed in or from the United States. If you are using our platform, please be aware that your Personal Information may be transferred to, stored, and processed in the United States where our servers are located and our central database is operated. By using our technology and online platforms, you consent to your Personal Information being transferred or accessed as described in this Privacy Policy.

You consent to us disclosing your Personal Information to an overseas recipient for purposes of providing our services and storing data where, in addition to the matters referred to above:

• such disclosure is necessary for us to provide our services to you and you have provided your consent; or
• we reasonably believe that the recipient will keep the Personal Information secure in accordance with rules that are the same or similar to the APPs and use it only for the purpose for which it was collected; or
• it is otherwise permitted or required by law or court order.

6. Data Quality

All reasonable steps will be taken by us to ensure that your Personal Information is accurate, complete and up-to-date. If however, you become aware that any of the Personal Information we hold about you is not accurate, complete or up-to-date, please contact us on the details below.

7. Data Security

We take our obligations under the Act seriously. All of our personnel are required to protect the confidentiality of your Personal Information, in accordance with this Privacy Policy.

We may hold your information in either electronic or hard copy form.  We take reasonable steps to protect all information that we hold, including Personal Information, from misuse and loss, and from unauthorised access, modification or disclosure.

We do this by:

• incorporating strict password access and virus protection procedures into all electronic databases;
• ensuring that staff are aware of and understand their obligations under the Act, including by providing regular training sessions on the Act and our obligations;
• using up to date software including antivirus and intrusion prevention;
• restriction of access to Personal Information to staff members who require access in order to perform their role;
• taking all reasonable steps to keep our premises secure; and
• ensuring that the third parties we engage for off-site storage and archive services have secure facilities and implement privacy safeguards.

Personal Information is destroyed or de-identified when it is no longer needed or when we are no longer required by law to retain it (whichever is the later).

8. Access and Correction

You may request access to the Personal Information we hold about you at any time by contacting our Privacy Officer on the contact details below.

We may charge a fee to cover our reasonable costs of retrieval and copying.  We may deny access to Personal Information where the Act allows us to do so.  If you establish that Personal Information we hold about you is not accurate, complete or up-to-date, we will take reasonable steps to correct the information.

You can correct, update, or request for us to destroy your Personal Information by contacting us on the details below. We will deal with your request in accordance with this Privacy Policy.

In most cases, we expect that we will be able to comply with your request. However, if we do not agree to provide you access or to correct the information as requested, we will always provide you with reasons for the denial of access or refusal to correct or destroy Personal Information.

9. Sensitive Information

We do not collect, use or disclose Sensitive Information about you (such as race, ethnicity, religion, sexual preference, health or criminal record) unless it is related to the provision of our services to you and you provide your consent, or where it is otherwise allowed by law.

10. Destruction of Personal Information

We will retain your Personal Information whilst it is required for our business functions, or for any other lawful purpose.  We use secure methods to dispose of Personal Information when it is no longer required, and you agree that we may de-identify or destroy your Personal Information:

• at any time of our choosing;
• if it is no longer required; or
• if you are a prospective employee, immediately upon us determining that your application for employment with us is unsuccessful.

11. Cookies

Whenever you interact with our website, we automatically receive and record information from your browser such as your IP address, the type of browser or application you are using to access the website, and the identity of the pages and features you are visiting.

We may use your IP address to analyse trends, administer the website, and gather broad demographic data for aggregate use. We may also collect information regarding the device(s) you use to access the website.

We also utilise marketing automation based on cookies designed to track users and then appends that tracking data to accounts that users create with an email address.

We may collect the domain name, but not the email address of visitors to our website, your email addresses if you communicate with us via email, aggregate information on what pages you access and information provided by you, such as survey information and site registrations, name and address, and telephone number.

12. Complaints Procedure

We have procedures in place for dealing complaints and concerns about our practices in relation to the Act and the APPs. If you believe that your privacy has been breached, please contact us using the contact information below and provide details of the incident so that we can investigate it.

We will treat your complaint confidentially, investigate your complaint and aim to ensure that your complaint is resolved within a reasonable time (and in any event within the time required by the Act, if applicable).

13. Updates to this Privacy Policy

Occasionally we may need to update this Privacy Policy.  Updated versions of this Privacy Policy will be posted on our website and we encourage you to revisit this Privacy Policy from time to time.
This policy was last updated in September 2019.

14. Privacy Officer

For all enquiries regarding Personal Information and to access your Personal Information, please contact our Privacy Officer by emailing privacy@mbadiscovery.com.au.