Clear Ears Learning Privacy Policy

In this Privacy Policy, 'us', 'we', 'our' or “the company” means ‘Clear Ears Pty Ltd’ ABN: 23 414 360 963 and/or Clear Ears Holdings ABN: 66 151 692 812]. We are committed to respecting your privacy. Our Privacy Policy sets out how we collect, use, store and disclose your personal information. We are bound by the Australian Privacy Principles contained in the Privacy Act and comply with the European Union privacy laws.

By providing personal information to us, you consent to our collection, use and disclosure of your personal information in accordance with this Privacy Policy and any other arrangements that apply between us. We may change our Privacy Policy from time to time by publishing changes to it on our website. This privacy policy applies to the use of the website and the provision of our services. The starting date for the validity of these conditions is 1/10/2023, with the publication of a new version the validity of all previous versions expires. We encourage you to check our website periodically to ensure that you are aware of our current Privacy Policy.

Personal information includes information or an opinion about an individual that is reasonably identifiable. For example, this may include your name and contact details.

This privacy policy describes what information about you is collected by us, what this information is used for and with whom and under what conditions this information may be shared with third parties. We also explain to you how we store your data and how we protect your data against misuse and what rights you have with regard to the personal data you provide to us.

If you have any questions about our privacy policy, please contact our privacy contact person, whose contact details can be found at the end of our privacy policy.

By “Personal Information” we mean any information relating to an identified or identifiable natural person.

By “processing” we mean any operation or series of operations which is performed on personal information or on sets of personal information, whether by automated means, such as collection, recording, organization, structuring, storage, adaptation or modification, retrieval, consultation, use, disclosure by transmission, distribution or otherwise making available, alignment or combination, restriction, erasure or destruction.

Applicable Law of the Policy

The Company undertakes to comply with applicable data protection laws (“Applicable Laws”). The company is located in Australia and therefore the processing of personal data is subject to Australian law. The Company is particularly concerned about the privacy of data subjects and this policy is a global guideline to which the Company is committed.

In particular, the company undertakes to comply with the following laws:

Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (general data protection regulation) (“GDPR”). The GDPR aims to harmonize and frame the rules governing the processing of personal data within the territory of the European Union in order to provide a single legal framework for professionals and aims to strengthen citizens' control over the use that may are made from personal data relating to them. This Regulation applies to the processing of personal data for citizens or residents of the EU and to the activity of a controller or processor in the territory of the EU.

Personal Information collected

The company may process the following personal information:

  • Identity data: surname, first name, and country of residence
  • Contact details: private email address
  • Data relating to user behaviour on the website
  • Data related to your device ID, device type, geo-location information, computer and connection information, statistics on page views, traffic to and from the sites, ad data, IP address and standard web log information;
  • Details of the products and services we have provided to you or that you have enquired about, including any additional information necessary to deliver those products and services and respond to your enquiries;
  • Any additional information relating to you that you provide to us directly through our website or app or indirectly through your use of our website or app or online presence or through other websites or accounts from which you permit us to collect information;
  • information you provide to us through customer surveys; or
  • Data related to customer interaction with our products and services: comments and notes

We may collect these types of personal information either directly from you, or from third parties. We may collect this information when you:

  • register on our website or app;
  • communicate with us through correspondence, chats, email, or when you share information with us from other social applications, services or websites;
  • interact with our sites, services, content and advertising; or
  • invest in our business or enquire as to a potential purchase in our business.

Purposes of the Processing of Personal Information

The following legal bases form the basis on which the Company relies to carry out the processing of personal data. Other legal bases may be used depending on where the data subject lives and the relevant applicable law.

Firstly, part of the processing of personal data may be based on the consent of data subjects. The processing of personal data for this purpose may include:

  • Marketing purposes such as sending newsletters and information about products and services offered by the company
  • To improve the performance of our website
  • tTo advise you and communicate with you: to create your account, to contact us via the contact form, for Clear Ears Learning Team to respond to users

The Company may also process personal data on the basis of its legitimate interest, in particular to improve our products and services, customer experience and internal processes. The processing of personal data for this purpose may relate to:

  • tPerforming statistical/usage analyses
  • Carrying out internal administrative functions
  • Processing customer requests
  • Preventing fraudulent activities and improving security
  • Relationship management with those involved
  • Evaluation of the relevance of our products and services

The company may also process personal information to comply with legal requirements. Processing based on legal requirements depends on applicable law.

Retention of Personal Information

ersonal data will not be kept longer than necessary for the above-mentioned purposes. This means that personal data is deleted as soon as the purpose of processing personal data has been achieved. However, the Company may retain personal data for a longer period if necessary to comply with applicable law, or if necessary to protect or exercise our rights, to the extent permitted by applicable data protection law.

At the end of the retention period, the company may also need to archive personal data to comply with applicable law, for a limited period of time and with limited access. These retention periods may vary depending on the country where the data subjects reside and in accordance with applicable law.

Disclosure of Personal Information

The Company may share personal data, subject to your consent or other relevant legal basis, with the following third parties:

  • Other companies in our group such as subsidiaries and affiliates
  • Trusted business partners who provide services on our behalf, such as technical support, marketing or other services
  • Government agencies and public bodies, to the extent necessary to provide services requested or entitled, to protect the rights of customers, contractors and partners, or our or others' rights, property or safety, to protect the security of our services enforce or if we are required to do so by applicable law, judicial or other governmental regulations, or if such disclosure is otherwise necessary in support of a legal or criminal investigation or legal proceeding

Subject to applicable law, we implement contracts with some third parties to ensure that personal data is processed based on our instructions and in accordance with this policy and other appropriate confidentiality and security measures.

Transfer of Personal information

The above third parties such as affiliates and subsidiaries, as well as business partners, public authorities to whom we may disclose personal data may be located outside the country of residence of a data subject, possibly including countries whose data protection laws may differ from those of the country in which data subjects are located.

If personal data is processed within the European Union/European Economic Area, and in the event that personal data is disclosed to third parties in a country that is not considered by the European Commission to provide an adequate level of protection, the company will ensure that:

  • The implementation of adequate procedures to comply with applicable law, and in particular where a request for authorization from the competent supervisory authority is necessary
  • The implementation of appropriate organizational, technical and legal safeguards to govern the said transfer and to ensure the necessary and adequate level of protection under applicable law
  • If necessary, through the implementation of standard contractual clauses as approved by the European Commission
  • If necessary, take additional measures, such as completing an adequacy assessment of data transfer if, after evaluating the circumstances of the transfer and evaluating the law of the third country, this is necessary for the protection of the personal data transferred

If personal data is not processed within the European Union/European Economic Area, and in the event that personal data is disclosed to third parties outside the jurisdiction of the data subject, the Company will ensure that appropriate safeguards are in place to protect personal data by taking appropriate legal measures. These measures may differ depending on the country and relevant applicable law.

Security of Personal Information

The Company implements a variety of security measures, in accordance with applicable law, to protect personal data against security incidents or unauthorized disclosure, and more generally from a personal data breach. These security measures are recognized as appropriate security standards in the business community and include access controls, password, encryption, and regular security reviews.

If a breach of personal data occurs, and in particular if there is a breach of security which, whether accidental or unlawful, results in the destruction, loss, alteration, unauthorized disclosure, or access to personal data transmitted, stored or otherwise processed, the company will take appropriate measures, such as:

  • Investigate and analyze to determine the consequences of the Personal Data Breach and in particular whether it is likely to pose a risk to the rights and freedoms of data subjects
  • If the analysis shows that there is a risk to the rights and freedoms of the data subjects, the company will inform the competent authority and, in case of high risk, communicate it to the data subjects.
  • Implement as quickly as possible the measures necessary to remedy and limit the personal data breach
  • Document the personal data breach to ensure traceability

Appropriate measures and procedures in the event of a personal data breach may differ depending on the country where it occurs, the type of breach and depending on the relevant applicable law.

Privacy Rights Regarding Personal Information

You have rights in relation to your personal data, such as the right to request access, rectification, deletion of your personal data, restriction of processing, objection to processing, request data portability, to be informed and withdraw your consent to the processing of Personal Data based on your consent.

The exercise of such rights is not absolute and is subject to the limitations provided by applicable law.

You have the right to lodge a complaint with the local supervisory authority or the competent supervisory authority if you believe that the processing of your personal data infringes applicable law. Please include your name, email address and/or telephone number and clearly describe your complaint. We will acknowledge your complaint and respond to you regarding your complaint within a reasonable period of time. If you think that we have failed to resolve the complaint satisfactorily, we will provide you with information about the further steps you can take.

To exercise these privacy rights, you may contact us as described in the “How to Contact Us” section below. We may request verification of your identity in order to respond to the request. If we cannot comply with your request (refusal or restriction), we will justify our decision in writing.

Updates To This Policy

As necessary, we may update this policy from time to time to reflect new or different privacy practices. In this case, we will post updated versions of this policy on this page. A revised policy will only apply to data collected after the effective date. We encourage you to periodically review this page for the latest information about our privacy practices.

How Can You Contact Us?

For any questions, comments or concerns about this policy, or to exercise the privacy rights permitted by applicable law regarding personal information, please contact our Privacy Officer at the following address: Privacy Officer, Clear Ears Holdings, PO Box180 Malvern, Australia 3146 or by sending an email to: admin@clearearslearning.com .