Effective starting: 16 July 2020

This Privacy Policy informs you of our policies and procedures regarding the collection, use and disclosure of personal information we receive from visitors and registered users of https://on-demand.imwaustralia.com (“Site”: IMW Australia: On Demand). This Privacy Policy applies only to information that you provide to us through this “Site” and the application forms used to access the “Site”. This policy explains in plain language what we do with that information and how we handle the content you place. It also explains your rights and the choices available to you regarding our use of your personal information and how you can access and update this information. Our Privacy Policy may be updated from time to time, and we will notify you of any material changes by posting the new Privacy Policy on the IMW Australia: On Demand website under “Privacy Policy” located in the footer of the website (https://on-demand.imwaustralia.com/privacy) and revising the “Effective starting” date at the top of this policy when required. We encourage you to review our Privacy Policy whenever you use IMW Australia: On Demand to stay informed about our information practices and the ways you can help protect your privacy. If you disagree with any changes to this Privacy Policy, you will need to stop using IMW Australia: On Demand and deactivate your account(s), as outlined below. Alternatively, we would invite you to reach out to our team to explain your concerns and we can find a mutually agreeable outcome. This Privacy Policy applies to the information that we obtain through your use of IMW Australia: On Demand via a "Device" or when you otherwise interact with IMW Australia: On Demand. A "Device" is any computer used to access IMW Australia: On Demand, including without limitation a desktop, laptop, mobile phone, tablet, or other consumer electronic device. IMW Australia: On Demand is built using the third party services provided by Intercom, Appsembler’s Tahoe, Amazon Web Services and H5P. You can review each of their privacy policies via the hyperlinks provided. You should always review the policies of third party products and services to make sure you are comfortable with the ways in which they may collect and use your information.By registering for or using IMW Australia: On Demand and accepting the Terms of Service you consent to the collection, processing, storage, disclosure and other uses described in this Privacy Policy.

1. Who we are:

Winyama: Winyama Digital Solutions (“Winyama”) is an Aboriginal-owned and operated business that provides location intelligence and digital solutions in its target markets across the commercial and public sector, while facilitating the digital engagement of Indigenous people and communities. It is the sole organiser and facilitator of the Indigenous Mapping Workshop Australia and IMW Australia: On Demand. Winyama is located in Australia (Suite 1A, 53 Burswood Road, Perth, 6100). Winyama is responsible for the management, maintenance and operation of the IMW Australia: On Demand Learning Management System. Winyama complies with Data Protection Laws and does not knowingly do anything or permit anything to be done which might lead to a breach of the Data Protection Laws.IMW Australia: On Demand: The IMW Australia: On Demand is an eLearning service and training platform built by and for Aboriginal and Torres Strait Islander people or people working directly within those communities.. By accessing IMW Australia: On Demand, our Users can undertake training themselves by creating their own application, or their manager may wish to train their personnel or any other group of people they wish or provide distance eLearning and training services in Indigenous Mapping. Users access the IMW Australia: On Demand by means of an email login and secure password. The User specifies, customises and gains access to the service that consists of course Instructors and other Learners. The course Instructors specify and manage the content of the courses, which may include text documents, video and audio files, images, presentations. Learners attend the courses and may, from time-to-time, be subject to tests and quizzes, for which they are graded. Learners have access to their own grades through the service. Each Learner can view their grades but only course staff can extract reports, by means of supplying the reporting criteria through the respective service interface, regarding their student’s performance and their overall use of the service. Each Instructor can extract reports for the activity of their courses.

2. Collection: The Personally Identifiable Information We Collect

Visitors and Users: In the course of using IMW Australia: On Demand, you may provide us with personally identifiable information. This refers to information about you that can be used to contact or identify you, and information on your use of and activities on IMW Australia: On Demand that may be connected with you ("Personal Information"). Personal Information that we collect may include, but is not limited to, your name and email address. When you visit IMW Australia: On Demand, our servers automatically record information that your browser sends whenever you visit a website. This information may include, but is not limited to, your Internet Protocol address, browser type and information you search for on our Site. Like many websites, we may also use "cookies" to collect information. A cookie is a small data file stored by your browser at your Device's hard disk for record-keeping purposes. We use "session ID cookies" in order to support login and main service functionality. We may also store cookies of third-party providers. In particular, Google stores a Google Analytics cookie in order to be able to differentiate between users and be able to show us how many times people visit the website on average (not individually) and information on what pages they've seen, how long the duration was, and so on; we do not identify who the visitor was, or what their IMW Australia: On Demand account is (if any). Winyama and IMW Australia: On Demand do not collect, store or process data from third-party cookies. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all portions of IMW Australia: On Demand or all functionality of our services.In some cases another User (such as an administrator) may create an account on your behalf and may provide your information, including Personal Information (most commonly when your company requests that you use our service). We collect Information under the direction of our Customers and often have no direct relationship with the individuals whose personal data we process. If you are an employee of one of our Customers and would no longer like us to process your information, please contact your employer and us at team@winyama.com.au. In addition to the data we collect for all Users, we may also acquire additional data through User support requests to the extent this is required for us to resolve a technical issue or respond to a request or complaint. We also send email newsletters, announcements and marketing material to our IMW Australia: On Demand users. If you are a Customer and no longer wish to receive such emails you can remove yourself from the recipients list at any time by selecting the "unsubscribe" link provided within the email footer. In order to send these communications, we use Hubspot. Hubspot is a marketing automation platform that is used to send out email communications and manage the IMW Australia: On Demand social media profiles. Hubspot uses cookies and other technologies to collect data on our customers’ behavior and their devices, device screen size, device type, browser information, geographic location (country only), preferred language used to display our website. Hubspot doesn’t store or collect any further personal information in addition to the contact information you provide when you use IMW Australia: On Demand. For further details, please see Hubspot’s privacy policy by clicking on this link. If you are providing information (including Personal Information) about someone else, you must have the authority to act for them and to consent to the collection and use of their Personal Information. Credit Cards: Winyama does not request payment or fees for the services provided by IMW Australia: On Demand. We will never ask for your credit card. If you have come across a website that looks similar to the IMW Australia: On Demand website that is requesting payment information, please do not use it and report it immediately to our team. Content: We do not process, collect and store Content that you create, input, submit, post, upload, transmit, store or display in the IMW Australia: On Demand LMS. However, it should be noted that when a user accesses training for Esri’s ArcGIS platform via our virtual machine environment, the Esri licensing is occurring using our organisational account meaning users will be provisioned an account and license that belongs to our organisation. As a result, if you save anything to the organisation repository we will have access to it and control of it.Regarding work Users complete during lab sessions, the ideal situation is that Users complete activities that are not personal projects and therefore do not have a need to save their work. As the virtual lab session ends, the User's work could be lost as the machine shuts down and returns to fleet state.Other submissions: We collect other data that you submit to IMW Australia: On Demand during the application process to gain access to the Learning Management System. This information is not shared, distributed or sold to any third party companies. Your application data is collected to track progress for business improvement and reporting reasons only.

3. How We Use, Process and Retain Personal Information

Personal Information is or may be used for the following purposes:

1. to provide and improve our IMW Australia: On Demand, services, features and content,
2. to administer your use of IMW Australia: On Demand,
3. to enable you to enjoy and easily navigate IMW Australia: On Demand,
4. to better understand your needs and interests,
5. to fulfill requests you may make,
6. to personalise your experience,
7. to report back on IMW Australia: On Demand program success to stakeholders,
8. to provide or offer software updates and product announcements, and
9. to provide you with further information and offers from us that we believe you may find useful or interesting, including newsletters, marketing or promotional.

We use information we obtain by technical means (such as the logging performed by our servers or through the use of cookies) for the above purposes and in order to monitor and analyse use of IMW Australia: On Demand, for the IMW Australia: On Demand's technical administration, to increase IMW Australia: On Demand’s functionality and user-friendliness, to better tailor it to your needs, to generate and derive useful data and information concerning the interests, characteristics and website use behavior, and to verify that visitors to the IMW Australia: On Demand meet the criteria required to process their requests.We collect and process personal data in a transparent manner, to the extent necessary for specified, explicit and legitimate purposes, and do not process it further in a manner incompatible with those purposes. We take care that the data we collect are accurate and, when necessary, updated. We take all reasonable steps to immediately delete or rectify personal data, if inaccurate. We process data in a way that guarantees security, including protection against unauthorised or unlawful processing and accidental loss, destruction or degradation, using appropriate technical or organisational measures. We are ready to prove at any moment how we adhere to the above principles. We take the appropriate technical and organisational measures for the security, confidentiality, integrity and availability of the data. We declare that these measures ensure that, by definition, personal data are not made accessible without the intervention of the natural person to an indeterminate number of natural persons.Personal data is retained for as long as the User's subscription to the service lasts. Upon expiration of the subscription, the data will be deleted or returned to the User if the User instructs us to. Alternatively, the User’s record will be rendered “inactive” and stored offline for 12 months so that a service reconnection is as smooth as possible if required; in case subscription is not renewed after 12 months, the data will be permanently deleted.

4. Information Sharing and Disclosure

Users: We will display your Personal Information in your profile page and elsewhere on IMW Australia: On Demand according to the preferences you set in your account. Any information you choose to provide should reflect how much you want other IMW Australia: On Demand users to know about you. We recommend that you guard your anonymity and sensitive information, and we encourage you to think carefully about what information you disclose in your profile pages. You can review and revise your profile information at any time. You should be aware that the administrator, as well as specially designated support personnel in order to provide support for technical issues you may face, may be able to: access information in and about your account; access communications history, including file attachments, for your account; disclose, restrict, or access information that you have provided or that is made available to you when using your account, including your Content; and control how your account may be accessed or deleted.Third Parties: We do not sell, share or transfer your Personal Information or Content and will not share or disclose any of your Personal Information or Content with third parties except as described in this policy. We do not share Personal Information about you with third parties for their marketing purposes (including direct marketing purposes). Service Providers, Business Partners and Others..Compliance with Laws and Law Enforcement: IMW Australia: On Demand cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of IMW Australia: On Demand or a third party, to protect the safety of the public or any person, or to prevent or stop any activity we may consider to be, or to pose a risk of being, illegal, unethical, inappropriate or legally actionable.Children: Our services are not directed to children. We do not knowingly collect Personal Information from children. If we become aware that a child has provided us with Personal Information, we will take steps to delete such information. If you become aware that a child has provided us with Personal Information, please contact our team.Business Transfers: We may share or transfer your Information (including your Personal Information) in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company. You will be notified on any change in ownership or uses of your Personal Information, as well as any choices you may have regarding your Personal Information.

5. Your Rights

Winyama respects your rights and interests when it comes to your data. Winyama only processes personal data on behalf of and as instructed by its Users. If you have questions or requests about your personal data, we will respond directly to your requests for the exercise of your rights without delay and we will provide all reasonable assistance to satisfy your requests. The service has all the necessary features to enable our Users to exercise the rights of the data subjects on their behalf. For example, the service provides the ability to obtain and manage consent, and to implement strict and secure password policies as well as to exercise the right to be forgotten.A synopsis of your rights as a data subject is provided below. Transparency, information and answers to requests: Winyama adheres to the principle of transparency in processing. For any question regarding this policy you may contact our team. We will respond without delay and in any case within one month upon receipt of the request.Access: You have the right to receive confirmation from Winyama about how your personal data are processed and all required information thereof (processing means, goal, records etc.).Rectification: You have the right to require the rectification of inaccurate data relating to you without undue delay, as well as to fill in incomplete data if necessary for processing. If you have an account on our IMW Australia: On Demand you can update your account data through your profile and account settings, which can be accessed via the slideout menu at the top right-hand corner of the screen.Erasure: You have the right to ask for the erasure of personal data concerning you without undue delay. Winyama will erase the data where one of the following grounds applies: a) the personal data are no longer necessary in relation to the purposes of processing; or b) the person requesting the erasure withdraws consent on which the processing is based and there is no other legal ground for the processing; or c) the data subject objects to the processing and there are no overriding legitimate grounds for the processing or the data subject objects to processing for direct marketing; or d) the personal data have to be erased for compliance with a legal obligation. Winyama will not proceed to the erasure of the personal data if the data must be maintained for compliance with a legal obligation or in cases where the processing is required for the establishment, exercise or defence of legal claims. If you receive marketing emails, you can remove yourself from the recipients list by selecting the "unsubscribe" link within the email.Restriction of processing: You have the right to request restriction of processing if the accuracy of personal data is disputed, for that period of time that allows Winyama to verify the accuracy of personal data or based on any other legitimate reason specified in applicable Data Protection Laws.Data Portability: You have the right to receive your personal data in a structured, commonly used and machine-readable format as well as the right to request the direct transmission of personal data by Winyama to another, if this is technically feasible.Right to Object: You may oppose the processing of personal data which takes place without your consent. In this case, Winyama no longer submits the personal data unless it demonstrates imperative and legitimate reasons for the processing that outweigh the interests, rights and freedoms of you as a data subject or for the foundation, exercise or support of legal claims. If you receive promotional emails, you can remove yourself from the recipients list by selecting the "unsubscribe" link within the email content. You may also oppose processing at any time by contacting our team.Complaint to Supervisory Authority: You have the right to lodge a complaint with a supervisory authority if you consider that the processing of your personal data infringes Data Privacy Laws.

6. Security

IMW Australia: On Demand is very concerned with safeguarding your information. We employ reasonable measures designed to protect your information from unauthorised access.

7. Data Ownership

Although Winyama owns the code, databases, and all rights to the IMW Australia: On Demand service, our Users retain ownership, control and all rights to their records and data which are their property.

8. Contacting Us

If you have any questions about this Privacy Policy, please contact us at: legal@winyama.com.au.