eCoach Privacy Policy

Definitions

The eCoach is a cloud-based tool for building and sharing educational resources hosted at eCoachbuilder.com, hereafter ‘eCoach Service’.  This domain, eCoach.com.au, associated online technologies, media and intellectual property are owned, maintained and operated by Futura Group PTY LTD (ABN 58 142 731 735) or Related Companies Next Level Careers PTY LTD (ABN 18 604 567 231); hereafter ‘Futura Group Websites’.  By continuing to use these sites, including any subdomains and directories created within the eCoach Service, published Courses, Learning Pathways or Quizzes (or other shareable objects) created, you agree to the Terms of Service and our Privacy Policy (below).

Privacy Policy (updated 1/6/2016)

All information collected by Futura Group or related Companies is for our sole use, complies with Australian Privacy Principles, and will not be provided to any other third party. If at anytime you wish to enquire about or update information we may hold, please feel free to contact us on Ph: +61 2 4957 1544 (Our office is located in Newcastle, Australia).

What information is collected via Futura Group Websites?
Futura Group may collect statistical information regarding your visit to improve services. Futura Group Websites use cookies to help provide functionality, and are designed to enhance your user experience. If you are unsure whether you want to allow cookies you can always change the security setting of your browser to stop cookies. However this may impair the functionality of our websites and you will be unable to use all of the eCoach Service.

Any use of Cookies – or of other tracking tools – by Futura Group Websites and the eCoach Service, or by the owners of third party services used by Futura Group Websites or the eCoach Service unless stated otherwise, serve to identify users and remember their preferences for the sole purpose of providing the Service required by the user. Failure to provide certain personal data may make it impossible for Futura Group Websites to provide all advertised functionality of the eCoach Services. Users are responsible for any personal data of third parties obtained, published or shared through Futura Group Websites, and confirm that they have the third party’s consent to provide the data to the owner.

SCORM Tracking
Sharable Content Object Reference Model (SCORM) is a collection of standards and specifications for web-based electronic educational technology. It defines communications between client side content and a host system (called “the run-time environment”), which is commonly supported by a learning management system. SCORM also defines how content may be packaged into a transferable ZIP file called “Package Interchange Format”.  Some eCoach Plans provide access to shareable SCORM packages; Futura Group collects limited user data in order to track resource usage (within our the eCoach Service or via placement on 3rd party Learning Management Systems). Data collected can include: name, unique identifier, date/time of access, access URL.

Place
Some customer data (for instance, our Enterprise customers who need to sign service agreements with us) is processed at our offices, and in any other places where the parties involved with the processing are located. Futura Group stores personal information using a combination of computer and paper based storage facilities. Paper records are stored in either a locked/secured filing cabinet. Access to electronic storage is also limited to authorised personnel and password restricted. Futura Group makes every endeavour to protect your information from misuse, loss, unauthorised access, modification or disclosure. For further information, please contact Futura Group.

Hosting
The eCoach Service and Futura Group Websites are hosted with Amazon Web Services (AWS EC2/S3, etc. colocated in Australia). AWS will use ‘commercially reasonable efforts’ to be available with a monthly uptime percentage of at least 99.95%. These network uptime guarantees are designed to make the eCoach available 24 hours a day, seven days a week, but it is possible that on occasions the website or services may be unavailable to due to maintenance or other development activity that may be taking place by AWS.

By using your Services, you also agree to the AWS acceptable use policy, http://aws.amazon.com/aup/

Retention time
Data is kept for the time necessary to provide the eCoach Service requested by the user, or stated by the purposes outlined in this document, and the user can always request that the website owner suspend or remove the data.

The use of the collected Data
The Data concerning the user is collected to allow the owner to provide its services, as well as for the following purposes: Analytics, Contacting the user, Content commenting and Content performance and features testing (A/B testing). The personal data used for each purpose is outlined in the specific sections of this document.

Contact form (This website / application)
By filling in the contact forms on Futura Group Websites, the user authorises Futura Group to use any data supplied to reply to requests for information, quotes or any other kind of request as indicated by the form’s header. Personal data collected includes Address, Email address, First Name, Last Name, Phone number and Various types of Data as specified in the Privacy Policy of the Services.

Commenting
Content commenting features allow users to make and publish their comments on Futura Group Websites. Depending on the settings chosen by Futura Group, users may also leave anonymous comments. If there is an email address among the personal data provided by the user, it may be used to send notifications of comments on the same content. Users are responsible for the content of their own comments. Content commenting services (like Facebook Comments) allow users to make and publish their comments on the contents of some Futura Group Websites. If a content commenting service provided by third parties is installed, it may still collect web traffic data for the pages where the comment service is installed, even when users do not use the content commenting service.

Google Analytics (Google)
Google Analytics is a web analysis service provided by Google Inc. (“Google”). Google utilises the data collected to track and examine the use of this website / application, to prepare reports on its activities and share them with other Google services. It also enables the owner to monitor and analyse web traffic and can be used to keep track of user behaviour. Google may use the Data collected to contextualise and personalise the ads of its own advertising network. personal data collected: Cookie and Usage data. Place of processing : USA – Privacy Policy Opt Out

Google Website Optimizer (Google)
Google Website Optimizer is an A/B testing service provided by Google Inc. Google may use personal data to contextualize and personalise the ads of its own advertising network. Personal data collected: Cookie and Usage data. Place of processing : USA – Privacy Policy

Bitly
Bitly is a URL shortening service which tracks user engagement for the purposes of improving communications and personalised service provision. Place of processing: USA – Privacy Policy

UserVoice
UserVoice is a customer interaction service that allows trackable direct personal interaction for the purposes of improving product features during BETA testing.  SSO (Single sign on) is used between our Services to enable users to submit support requests and feedback. Place of processing: USA – Privacy Policy

Terms of Service

Free Trial
Futura Group offers a free 30-day trial account of the eCoach Service. Please use this 30-day trial period to evaluate the service and make sure it is right for you before signing up for a paid plan.

Cancellation Policy
A user may cancel his or her eCoach Service account for any reason, at any time. The user must request cancellation via the online help desk, or by emailing support staff. Except in the case of plan upgrades, there will be no refunds or credits for partial term service, partial term downgrade refunds, or refunds for terms unused with an open account. In order to treat everyone equally, no exceptions will be made.

eCoach Plans & Pricing
The eCoach Service is provided in three distinct formats, with differing pricing models for each service:

  • eCoach Author – a flat subscription rate per month ($49) for 1-3 Authors, with additional Authors charged at $9 per User seat
  • eCoach Author + SCORM- a flat subscription rate per month ($99) for 1-3 Authors, with additional Authors charged at $9 per User seat
  • eCoach Author + LMS – calculated by active users, i.e. any teachers or students that access any course within a calendar month, including those that access courses externally (i.e. via SCORM)
  • for Enterprise / High Volume Users – price on application

Amounts Paid Are Not Refundable
eCoach Services are pre-paid at the end of each calendar month, based on the current subscription model and/or the previous month’s user band/tier (plan). Additional users (above the current user tier allowance) are charged at $5 per user / per month until it becomes mathematically silly (i.e. you may as well be paying for the next payment tier).  When a user exceeds the current user tier allowance, a notification will be sent to the account owner immediately, and then after 2 days, notifying them of the excess usage on the account.  Downgrading an account to a plan with a lower user tier will not provide a refund or partial credit to the account, and the new subscription rate for the new plan will continue to be pre-paid at the end of each calendar month.  There will be no refunds or credits for partial term service, partial term downgrade refunds, or refunds for terms unused with an open account. Plans are billed in advance on a term basis (monthly, quarterly, or annually) and are non-refundable. In order to treat everyone equally, no exceptions will be made.

Credit Card Expirations or Declines
Please note that allowing a credit card to expire will not  result in automatic cancellation of your account. Your account will only be cancelled through proper submission of the cancellation form or email. If your credit card expires and you do not cancel your account, you will remain responsible for paying the plan cost, which will accrue to your account until we receive a cancellation notice. If a credit card is declined we will send notice to the email address provided in your account. You are responsible for ensuring that the email address you provide is valid and checked regularly. We may also follow up by phone or mail. We reserve the right to send delinquent accounts to a collection agency if they are not paid within three months.

Retrieving Your Data After Your Account Has Been Cancelled
Futura Group will store all user data and content developed with the eCoach Service. Re-activating your account will allow access to all existent data and courses within your account.

Terms of Use

Account Terms

  • In order to complete the signup process, you must provide your legal full name, a valid email address, and any other information as required.
  • Your login may be used by one person only. You must not share your login with other people. Discovery of account sharing may result in cancellation of your account. You may create separate logins for as many people as your plan allows.
  • One person or legal entity may not maintain more than one trial account.
  • You are responsible for maintaining the security of your account and password. Futura Group cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  • You acknowledge that Futura Group reserves the right to alter or update your logins and passwords and the logins and passwords of any end users at any time throughout the term.
  • You are responsible for all content posted and activity that occurs under your account. This includes content posted by others who have logins or accounts associated with your account.
  • You may not use the eCoach Service for any illegal or unauthorised purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Payment, Refunds, Upgrading and Downgrading Terms

  • The eCoach Service is billed in advance on a term basis (30 days) and is non-refundable. For LMS Users, the band price is paid in advance, with any additional charges billed in arrears (at the end of the 30-day cycle) Except for the case of plan upgrades, there will be no refunds or credits for partial term service, partial term downgrade refunds, or refunds for terms unused with an open account. In order to treat everyone equally, no exceptions will be made.
  • Any upgrade from the Free Trial plan to any paying plan will end your free trial. You will be billed immediately upon upgrading.
  • All fees are GST exclusive. If you are located outside Australia you will not be charged GST. You are responsible for all taxes, levies, or duties imposed by taxing authorities in your own country, and you shall be responsible for payment of all such taxes, levies, or duties. Futura Group has no responsibility to pay taxes, levies or duties on your behalf.
  • For any upgrade or downgrade in plan level, the credit card that you provided will automatically be charged the new rate on your next billing cycle. Please ensure that this credit card will not be declined.
  • Downgrading your eCoach Service may cause the loss of content, features, or capacity of your account. Futura Group does not accept any liability for such loss.

Cancellation and Termination

  • Accounts can only be cancelled by the user by following the appropriate procedure by creating the appropriate support ticket within the help desk section of the eCoach Service, or by emailing support staff. You are solely responsible for properly cancelling your account.
  • All of your content and reporting data will be retained following cancellation. This information will be accessible should you reactivate your account.
  • If you cancel the Service before the end of your current paid-up term, your cancellation will take effect immediately and you will not be charged again.
  • Futura Group, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the eCoach Service, or any other Futura Group service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all content and reporting data in your account. Futura Group reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

  • Futura Group reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
  • Prices of all Services, including but not limited to plan fees to the Service, are subject to change upon 30 days notice from Futura Group. Such notice may be provided at any time by posting the changes on our website, via email or via a notification within the eCoach Service.
  • Futura Group shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

Copyright, Content Ownership and Intellectual Property

  • We claim no intellectual property rights over the content of the material you use to create Courses using the eCoach Service. Your profile and materials uploaded remain yours. However, by setting your content to be shared publicly (through shareable weblinks, or via SCORM packages, or by providing access for other users and students to access your account), you agree to allow others to view and share your content.
  • The TOS do not transfer from Futura Group to you any Futura Group or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Futura Group.  Futura Group, eCoach, eCoach logos, Kevin E. Coach, the Futura Group logo, and all other trademarks, service marks, graphics used in connection with the Services are the property of Futura Group Pty Ltd. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any Futura Group or third-party trademarks.
  • Futura Group does not screen content, but has the right (but not the obligation) in its sole discretion to refuse or remove any content that is available via the Service.
  • Any material provided through the Content Library remains copyright of the originator of the material. This applies to any Futura Group Courses, or material provided by other parties.
  • If you believe that material located on or linked to by users of Futura Group websites or services violates your copyright, you are encouraged to notify Futura Group. Futura Group will respond to all such notices in the appropriate manner, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.
  • Futura Group has the discretion (but not obligation) to terminate a user’s access to and use of the Services if, under appropriate circumstances, the user is determined to be a repeat infringer of the copyrights or other intellectual property rights of Futura Group or others.

Reverse Engineering

  • Except as expressly permitted by sections 47B(3), 47C, 47D, 47E or 47F of the Copyright Act 1968 (Cth), you shall not reverse assemble, or reverse compile the eCoach Service, the Futura Group Platform or any part of the eCoach or Futura Group Platform.
  • You must not modify, adapt, or hack the eCoach Service or modify another website so as to falsely imply that it is associated with the eCoach Service.
  • You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the eCoach Service, including use of the eCoach service without express written permission by Futura Group.

Support
Support is provided via email, or via our online help desk, for eCoach Service account holders (we do not provide support to students who are using internet-hosted resources). Most emails will be replied to within 12-24 hours, or 48 hours during weekends.  Phone support is not available at this time.

General Conditions

  • Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis.
  • We may, but have no obligation to, remove content and accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violate any party’s intellectual property or these Terms of Service.
  • Verbal, physical, written, or other abuse (including threats of abuse or retribution) of any Futura Group customer, employee, member, or officer will result in immediate account termination.
  • You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  • You must not transmit any worms or viruses or any code of a destructive nature.
  • There is no limit to the aggregate file size of your content on the eCoach Service. However, each content item cannot exceed 18MB in size.
  • If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by Futura Group) of other eCoach customers, we reserve the right to immediately disable your account, or throttle your account until you can reduce your bandwidth consumption, or impose an appropriate financial penalty.
  • Futura Group does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the eCoach Service will meet your expectations, and (v) any errors in the service will be corrected.
  • You expressly understand and agree that Futura Group shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if Futura Group has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the eCoach Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into, through or from the eCoach Service; (iii) unauthorised access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the eCoach Service; (v) or any other matter relating to the eCoach Service.
  • The failure of Futura Group to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Futura Group and governs your use of the eCoach Service, superseding any prior agreements between you and Futura Group (including but not limited to any prior versions of the Terms of Service).
  • Questions about the Terms of Service should be sent to support@ecoach.com.au

Modifications to Terms of Service (TOS)
Futura Group reserves the right, at its sole discretion, to modify or replace any part of the TOS. It is your responsibility to check the TOS periodically for changes. Your continued use of or access to Futura Group Websites and eCoach Services following the posting of any changes to the TOS constitutes acceptance of those changes. Futura Group may also in the future offer new services and / or features through the eCoach Services. Such new features and/or services shall be subject to the TOS.

Limitation of Liability
In no event will Futura Group be liable with respect to any subject matter of the TOS under any contract, negligence, strict liability or other legal or equitable theory for (i) any special, incidental or consequential damages resulting from the use of the eCoach Service and/or (ii) for interruption of use or loss or corruption of data. Futura Group shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

Indemnification
You agree to indemnify and hold harmless Futura Group, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of the TOS.

Termination
Futura Group may terminate your access to all, or any part of the eCoach Service at any time, with or without cause, with or without notice, effective immediately. All provisions of the TOS which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Responsibility of Contributors / Users
If you operate a shared eCoach Service account, and make (or allow any third party to make) material available by means of the eCoach Services (including shareable links and SCORM objects), you are entirely responsible for the content of, and any harm resulting from, that content. That is the case regardless of what form the content takes, which includes, but is not limited to text, photo, video, audio, or code.