Potentiality Online Community

The Potentiality company located in your region ("Potentiality", "We", "Us" or "Our") is the controller of your personal data if you provide your personal data as defined below (“Personal Data”) through our public facing website (the “Website”), and the processor of your Personal Data if your Personal Data is provided to us through our Online Communities (together our Website and Online Communities are referred to as Our “Services”). The relevant Potentiality company for Europe is Potentiality UK Ltd CN 07129707 and the relevant Potentiality company for Australasia is Potentiality Pty Ltd ACN 083533868.

We respect the privacy of Our clients and every person who uses Our Services. This Privacy Policy governs the way in which We use and disclose Personal Data (the "Personal Data") held on Our Online Communities and Our Website.

Potentiality will process your Personal Data at all times in accordance with all applicable data protection and privacy laws.

We do not transfer Personal Data collected inside the EEA outside the EEA or to third parties except as permitted in accordance with applicable data protection and privacy laws.

We may provide additional privacy information in connection with a particular Potentiality product or service. Such information prevails over this Policy to the extent of any conflict.

By using Our Services, you agree to the processing of your Personal Data in the manner provided in this Policy. If you do not agree with this Policy, please do not use Our Services.

A. Contact Details

If you have any queries about Our use of your Personal Data or this Privacy Policy please contact Us as set out below:

Australasia

Data Protection Officer

Potentiality Pty Ltd

Suite 1.08, Level 1, 480 St Kilda Road, Melbourne, Vic 3004

(03) 9699 1663

privacy@ptly.com

Europe

Data Protection Officer

Potentiality UK Ltd

31 Severn House, 19 Enterprise Way, London SW18 1GD

+44 (0)20 3290 1663

privacy@ptly.com

You have the right to make a complaint at any time to the Information Commissioner’s Office in your jurisdiction.

B. Personal Data

Personal Data means any information about an individual from which they can be identified. Personal Data can include:

· Identity data – first name, last name, user name or similar identifier, title, date of birth and gender

· Contact data – billing address, delivery address, email address and telephone numbers

· Transaction data – details about payments to and from you and other details of products you have purchased from Us

· Technical data – IP address, login data, browser type and version, time zone setting and location, browser plug in types and versions, operating system and platform and other technology on the devices you use to access Our Services

· Profile data – username and password, interests, preferences, feedback and survey responses

· Usage data – information about how you use Our Services

· Marketing and communications data – preferences for receiving marketing and your communications preferences.

We do not collect any special categories of Personal Data about you (e.g. race, ethnicity, religious beliefs, political beliefs or sexual orientation).

We may collect, use and share aggregated data, such as statistical or demographic data, which is not Personal Data and which cannot be used to identify you.

In some circumstances We may anonymise your Personal Data (so that it can no longer be associated with you) for research and statistical purposes in which case We may use this information indefinitely without further notice to you.

Please notify Us if any of your Personal Information changes.

C. Collection of Personal Data

Your Personal Data is collected in the following ways:

· if you provide your Personal Data through Our Website;

· from the records of your school or university; and

· when you login to Our Online Communities (in which case We only collect the information you provide along with your IP address).

As you interact with Our services, We may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this Personal Data by using cookies and other similar technologies. See part H below for further details.

Where We need to collect Personal Data by law, or under the terms of a contract We have with you and you fail to provide that data when requested, We may not be able to perform the contract We have or are trying to enter into with you (for example, to provide you with goods or services). In this case, We may have to cancel a product or service you have with Us but We will notify you if this is the case at the time.

D. Use of Personal Data

We will only use your Personal Data in the following ways:

Purpose/activity	Type of data	Lawful basis for processing
Answer queries on Our Website	· Identity · Contact	Necessary for legitimate interests (respond to queries)
Registration on Our Online Communities	· Identity · Contact	Performance of contract
Maintain security protocols such as passwords and user logins	· Identity · Contact · Technical	Performance of contract
Carry out Our contractual obligations with users and clients	· Identity · Contact	Performance of contract
Enable use of Our Services	· Identity · Contact · Technical	Necessary for legitimate interests (develop Our products/services) Performance of contract
Manage payments, fees and charges	· Identity · Contact · Financial	Necessary for legitimate interests (recover debts) Performance of contract
Use data analytics to improve services	· Technical	Necessary for legitimate interests (developing Our business, improving Our services)
General administration of Our Services	· Identity · Contact	Necessary for legitimate interests (developing Our business, improving Our services) Performance of contract
Necessary to comply with legal obligation	· Identity · Contact	Necessary to comply with legal obligation

Legitimate Interest means Our interest in conducting and managing Our business to enable Us to give you the best service/product and the best and most secure experience. We make sure We consider and balance any potential impact on you (both positive and negative) and your rights before We process your Personal Data for Our legitimate interests. We do not use your Personal Data for activities where Our interests are overridden by the impact on you (unless We have your consent or are otherwise required or permitted to by law). You can obtain further information about how We assess Our legitimate interests against any potential impact on you in respect of specific activities by contacting Us.

Performance of Contract means processing your Personal Data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal or regulatory obligation means processing your Personal Data where it is necessary for compliance with a legal or regulatory obligation that We are subject to.

E. Disclosure of Personal Data

We may disclose your Personal Data to third parties in the following circumstances:

· if We are under a legal obligation or entitlement to do so;

· to enforce or apply a contract between Us or otherwise with your consent;

· to detect fraud or unauthorised access;

· to protect Our rights, property, or safety, or that of others; or

· pursuant to a sale, merger, assignment, joint venture or other transfer or disposition of a portion or all of the assets of Potentiality

In particular, We may provide your Personal Data to the following third parties:

Group Companies: Potentiality Pty Ltd or Potentiality UK Ltd (as appropriate)

Suppliers: The following service providers acting as processors:

Australasia:

Amazon Web Services (AWS) providing data storage services based in Sydney, Australia.

Europe:

Amazon Web Services (AWS) providing data storage services based in London, Great Britain.

We require all third parties to respect the security of your Personal Data and to treat it in accordance with the law. We do not allow Our third party service providers to use your Personal Data for their own purposes and only permit them to process your Personal Data for specified purposes and in accordance with Our instructions.

We will not share your personal data with third parties for marketing purposes.

F. Retention of Personal Data

We will only retain your Personal Data for as long as necessary to fulfil the purposes We collected it for and to satisfy any legal, accounting or reporting requirements. To determine the appropriate retention period for Personal Data, We consider the amount, nature and sensitivity of the Personal Data, the potential risk of harm from unauthorised use or disclosure of your Personal Data, the purposes for which We process your Personal Data and whether We can achieve those purposes through other means, and applicable legal requirements.

By law We have to keep basic information about Our customers (including contact, identity, financial and transaction data) for 6 years after they cease being customers for tax purposes.

In some circumstances you can ask Us to delete your data (see below).

G. International Transfers

We may share your Personal Data within Our corporate group. In particular, if you are located in Europe We may provide your Personal Data to Potentiality Pty Ltd in Australia for the purposes of providing Our Services to you (including the provision of IT administration and support services). Potentiality UK Ltd has entered into a Data Processing Agreement with Potentiality Pty Ltd which mirrors the requirements of the EEA Model Clauses. We do not transfer your Personal Data outside the EEA except to Potentiality Pty Ltd as set out above.

H. Cookies

What are “cookies”?
Cookies contain information that is transferred to your computer's hard drive. They help Us to improve Our Services and to deliver a better and more personalised service.

Can I refuse to accept cookies?

You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. Unless you have adjusted your browser setting so that it will refuse cookies, Our system will issue cookies when you access Our Services.

What cookies do We use for Our Services?

We make use of the following cookies:

· Google Analytics: This tracks the pages that a user views and sends information to Google Analytics so that We can understand what information is useful to users. This cookie does not collect Personal Data.

· ASP.net: A standard cookie placed by Microsoft’s .net framework in order for it to function correctly.

· Login tracker: This tracks whether you are currently logged in to Our Services, and is only activated if you click the “remember me” tick box.

We do not use cookies to provide marketing information to third parties.

I. Security

We have put in place appropriate security measures to prevent your Personal Data from being accidentally lost or used or processed in an unauthorised way, including by:

· using advanced firewall technology and physical storage of data within secure data centers ;

· using electronic security systems;

· limiting access; and

· staff training and confidentiality agreements.

We have put in place procedures to deal with data breaches and will notify you and any applicable regulator of a breach where We are legally required to do so.

J. Account Security

Your password is the key to protection of your Personal Data on our Online Communities. Use unique numbers, letters and special characters, and do not disclose your password or user name to anyone. If you do share your password or user name with others, remember that you are responsible for all actions taken in the name of your account. If you lose control of your password, you may lose substantial control over your Personal Data and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately notify Us and change your password.

K. Hyperlinks to other websites

Our Services may contain hyperlinks to websites owned and operated by third parties. These websites have their own privacy policies and We urge you to review them. They will govern the use of Personal Data you submit whilst visiting these websites. We do not accept any responsibility or liability for the privacy practices of such third party websites and your use of such websites is at your own risk.

L. Your Legal Rights

You have the right to:

1. Request access to your Personal Data (commonly known as a "data subject access request"). This enables you to receive a copy of the Personal Data We hold about you and to check that We are lawfully processing it.

2. Request correction of the Personal Data that We hold about you. This enables you to have any incomplete or inaccurate data We hold about you corrected, though We may need to verify the accuracy of the new data you provide to Us.

3. Request erasure of your Personal Data. This enables you to ask Us to delete or remove Personal Data where there is no good reason for Us continuing to process it. You also have the right to ask Us to delete or remove your Personal Data where you have successfully exercised your right to object to processing (see below), where We may have processed your information unlawfully or where We are required to erase your Personal Data to comply with local law. Note, however, that We may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

4. Object to processing of your Personal Data where We are relying on a legitimate interest (or that of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object if We are processing your Personal Data for direct marketing purposes. In some cases, We may demonstrate that We have compelling legitimate grounds to process your information which override your rights and freedoms.

5. Request restriction of processing of your Personal Data. This enables you to ask Us to suspend the processing of your Personal Data in the following scenarios: (a) if you want Us to establish the data's accuracy; (b) where Our use of the data is unlawful but you do not want Us to erase it; (c) where you need Us to hold the data even if We no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to Our use of your data but We need to verify whether We have overriding legitimate grounds to use it.

6. Request the transfer of your Personal Data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for Us to use or where We used the information to perform a contract with you.

7. Withdraw consent at any time where We are relying on consent to process your Personal Data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, We may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise any of the rights set out above, please contact Us as set out in paragraph A above.

No fee usually required

You will usually not have to pay a fee to access your Personal Data (or to exercise any of the other rights set out above). However, We may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, We may refuse to comply with your request in these circumstances.

What We may need from you

We may need to request specific information from you to help Us confirm your identity and ensure your right to access your Personal Data (or to exercise any of your other rights). This is a security measure to ensure that Personal Data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up Our response.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it may take Us longer than a month if your request is particularly complex or you have made a number of requests. In this case, We will notify you and keep you updated.

M. Changes to this Privacy Policy

From time to time We may update this Privacy Policy. When We do We will publish the changes on Our Online Communities and Our Website. If you do not agree to such changes, please do not continue to use Our Services.