Privacy Policy

This Privacy Policy sets out our commitment to protecting the privacy of personal information provided to us, otherwise collected by us, offline or online, including through this website (Site). In this Privacy Policy we, us or our means eCoach LMS Pty Ltd ABN 92 616 882 047. When we collect, store and use your personal information, we do so in accordance with the rules set down in the Australian Privacy Act 1988 (Cth) and, where applicable, by the European Union General Data Protection Regulation (EU) 2016/679 (the GDPR). Although the GDPR does not apply to our activities, we are committed to your privacy and we will provide you with the rights outlined in this Privacy Policy.

Personal information 

The types of personal information or personal data we may collect about you include:

  • your name;
  • images of you;
  • your contact details, including email address, mailing address, street address and/or telephone number;
  • your demographic information, such as postcode;
  • your preferences and/or opinions;
  • information you provide to us through customer surveys;
  • details of products and services we have provided to you and/or that you have enquired about, and our response to you;
  • your browser session and geo-location data, device and network information, statistics on page views and sessions, acquisition sources, search queries and/or browsing behaviour;
  • information about your access and use of our Site, including through the use of Internet cookies, your communications with our Site, the type of browser you are using, the type of operating system you are using and the domain name of your Internet service provider;
  • additional personal information that you provide to us, directly or indirectly, through your use of our Site, associated applications, associated social media platforms and/or accounts from which you permit us to collect information; and
  • any other personal information requested by us and/or provided by you or a third party.

We may collect these types of personal information directly from you or from third parties.

Collection and use of personal information

We may collect, hold, use and disclose personal information for the following purposes:

  • to enable you to access and use our Site, associated applications and associated social media platforms;
  • to contact and communicate with you;
  • users of our website may have their mouse events and behaviour recorded for the sole purpose of optimising the Site;
  • for internal record keeping and administrative purposes;
  • for analytics, market research and business development, including to operate and improve our Site, associated applications and associated social media platforms;
  • to run competitions and/or offer additional benefits to you;
  • for advertising and marketing, including to send you promotional information about our products and services and information about third parties that we consider may be of interest to you;
  • to comply with our legal obligations and resolve any disputes that we may have; and
  • to consider your employment application.

Disclosure of personal information to third parties

We may disclose personal information to:

  • third party service providers for the purpose of enabling them to provide their services, including (without limitation) IT service providers, data storage, web-hosting and server providers, debt collectors, maintenance or problem-solving providers, marketing or advertising providers, professional advisors and payment systems operators;
  • our employees, contractors and/or related entities;
  • our existing or potential agents or business partners;
  • payment systems operators;
  • sponsors or promoters of any competition we run;
  • anyone to whom our business or assets (or any part of them) are, or may (in good faith) be, transferred;
  • credit reporting agencies, courts, tribunals and regulatory authorities, in the event you fail to pay for goods or services we have provided to you;
  • courts, tribunals, regulatory authorities and law enforcement officers, as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights;
  • third parties, including agents or sub-contractors, who assist us in providing information, products, services or direct marketing to you. This may include parties located, or that store data, outside of Australia including in the U.S.A.; and
  • third parties to collect and process data, such as Google Analytics or other relevant businesses. This may include parties that store data outside of Australia including in in the U.S.A.

Where we disclose your personal information to third parties, including data processors, we will request that the third party handle your personal information in accordance with this Privacy Policy. The third party will only process your personal information in accordance with written instructions from us. When we refer to ‘processing’ in this clause and this Privacy Policy in general, we mean any operation or set of operations which is performed on personal information, whether or not by automated means, such as collecting, recording, organising, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available personal information.

Please note that we use the following third parties to process your personal information:

  • Synergy Wholesale
  • Amazon Web Services (AWS EC2/S3, etc. located in Australia
  • Intercom
  • Google Analytics
  • Appcues

By providing us with personal information, you consent to the disclosure of your personal information to third parties who reside outside Australia and, if you are a European Union (EU) citizen, to third parties that reside outside the EU. Where the disclosure of your personal information is solely subject to Australian privacy laws (and not subject to the GDPR), you acknowledge that we are not required to ensure that those third parties comply with Australian privacy laws.

How we treat personal information that is also sensitive information

Sensitive information is a sub-set of personal information that is given a higher level of protection under the Australian Privacy Principles. Sensitive information means information relating to your racial or ethnic origin, political opinions, religion, trade union or other professional associations or memberships, philosophical beliefs, sexual orientation, sexual practices or sex life, criminal records, health information or biometric information.

We will not collect sensitive information about you without first obtaining your consent.

Provided you consent, your sensitive information may only be used and disclosed for purposes relating to the primary purpose for which the sensitive information was collected.

Sensitive information may also be used or disclosed if required or authorised by law.

Fair and transparent processing

Your personal data will:

  • be processed lawfully, fairly and in a transparent manner by us;
  • only be collected for the specific purposes we have identified in the ‘collection and use of personal information’ clause above and personal information will not be further processed in a manner that is incompatible with the purposes we have identified;
  • be collected in a way that is adequate, relevant and limited to what is necessary in relation to the purpose for which the personal information is processed;
  • be kept up to date, where it is possible and within our control to do so (please let us know if you would like us to correct any of your personal information);
  • be kept in a form which permits us to identify you, but only for so long as necessary for the purposes for which the personal data was collected;
  • be processed securely and in a way that protects against unauthorised or unlawful processing and against accidental loss, destruction or damage.  

Specifically, we have the following measures in place, in accordance with the GDPR:

  • Data protection policies: We have internal policies in place which set out where and how we collect personal information, how it is stored and where it goes after we get it, in order to protect your personal information.
  • Right to ask us to erase your personal information: You may ask us to erase personal information we hold about you.
  • Right to ask us to restrict data processing: You may ask us to limit the processing of your personal information where you believe that the personal information we hold about you is wrong (to give us enough time to verify if the information needs to be changed), or where processing data is unlawful and you request us to restrict the processing of personal information rather than it being erased.
  • Notification of data breaches: We will comply with the GDPR in respect of any data breach.

Your rights and controlling your personal information

Choice and consent: Please read this Privacy Policy carefully. By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with this Privacy Policy. If you are under 16 years of age, you must have; and warrant to the extent permitted by law to us that you have, your parent or legal guardian’s permission to access and use the Site and they (your parents or guardian) have consented to you providing us with your personal information. You do not have to provide personal information to us, however, if you do not, it may affect your use of this Site or the products and/or services offered on or through it.

Information from third parties: If we receive personal information about you from a third party, we will protect it as set out in this Privacy Policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide the personal information to us.

Restrict: You may choose to restrict the collection or use of your personal information.  If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us using the details below. If you ask us to restrict how 

we process your personal information, we will let you know how the restriction affects your use of our Site or products and services.

Access and data portability: You may request details of the personal information that we hold about you.  You may request a copy of the personal information we hold about you. Where possible, we will provide this information in CSV format or other easily readable machine format. You may request that we erase the personal information we hold about you at any time. You may also request that we transfer this personal information to another third party (data portability).

Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will take reasonable steps to correct any information found to be inaccurate, incomplete, misleading or out of date.

Complaints: If you believe that we have breached the Australian Privacy Principles or an article of the GDPR and wish to make a complaint, please contact us using the details below and provide us with full details of the alleged breach. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take to deal with your complaint. You also have the right to contact the Office of the Australian Information Commissioner if you wish to make a complaint.

Unsubscribe: To unsubscribe from our e-mail database or opt-out of communications (including marketing communications), please contact us using the details below or opt-out using the opt-out facilities provided in the communication.

Storage and security

We are committed to ensuring that the personal information we collect is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures such as the pseudonymisation and encryption of personal information, to safeguard and secure personal information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.

We cannot guarantee the security of any information that is transmitted to or by us over the Internet. The transmission and exchange of information is carried out at your own risk. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that the personal information we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.

Cookies and web beacons

We may use cookies on our Site from time to time. Cookies are text files placed in your computer’s browser to store your preferences. Cookies, by themselves, do not tell us your email address or other personally identifiable information. However, they do allow third parties, such as Google and Facebook, to cause our advertisements to appear on your social media and online media feeds as part of our retargeting campaigns. If and when you choose to provide our Site with personal information, this information may be linked to the data stored in the cookie.

We may use web beacons on our Site from time to time. Web beacons (also known as Clear GIFs) are small pieces of code placed on a web page to monitor the visitor’s behaviour and collect data about the visitor’s viewing of a web page. For example, web beacons can be used to count the users who visit a web page or to deliver a cookie to the browser of a visitor viewing that page.

We may use Sharable Content Object Reference Model (SCORM) standards to track resource usage.

We may use Google Analytics and Google Website Optimizer to collect and process data. To find out how Google uses data when you use third party websites or applications, please see: https://www.google.com/intl/en/policies/privacy/ or any other URL Google may use from time to time.

We may use Bitly to collect and process data. To find out how Bitly uses data when you use third party websites or applications, please see:

https://bitly.com/pages/privacy

We may use Intercom to collect and process data. To find out how Intercom uses data when you use third party websites or applications, please see:

https://www.intercom.com/terms-and-policies#privacy

We may use Hotjar to collect and process data. To find out how Hotjar uses data when you use third party websites or applications, please see:

https://www.hotjar.com/privacy

We may use Appcues to collect and process data. To find out how Appcues uses data when you use third party websites or applications, please see:

https://www.appcues.com/privacy

SCORM and LTI 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”.  IMS Learning Tools Interoperability (LTI) is a standard set of specifications for allowing third party learning applications (or “tool providers”) to integrate with educational platforms (or “tool consumers”). Some of our plans provide access to shareable SCORM packages and support for sharing via LTI; we collect limited user data in order to track resource usage (within our service or via placement on 3rd party Learning Management Systems). Data collected can include: name, unique identifier, date/time of access and access URL.

Links to other websites

Our Site may contain links to other websites. We do not have any control over those websites and we are not responsible for the protection and privacy of any personal information which you provide whilst visiting those websites. Those websites are not governed by this Privacy Policy.

Amendments

We may, at any time and at our discretion, vary this Privacy Policy.  We will notify you if we amend this Privacy Policy, by contacting you through the contact details you have provided to us. Any amended Privacy Policy is effective once we notify you of the change.

For any questions or notices, please contact us at:

ECoach LMS Pty Ltd ABN 92 616 882 047

Our offices are located in Newcastle and you may contact us at any time on +61 2 4957 1544.

Last update: 24 May 2018

 

Terms of Service

Free Plan

eCoach offers a free free forever account of the eCoach Service. It offers limited features is designed to allow you 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 four distinct formats, with differing pricing models for each service:

  • eCoach Starter – $29 per month
  • eCoach Growth – $399 per month
  • eCoach Scale – $899 per month
  • 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

eCoach 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.
  • You are responsible for maintaining the security of your account and password. eCoach cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  • You acknowledge that eCoach 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.
  • 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. eCoach 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. eCoach 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.
  • eCoach, 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 eCoach 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. eCoach reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

  • eCoach 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 eCoach. 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.
  • eCoach 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 eCoach to you any eCoach third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with eCoach.  eCoach, eCoach logos, Kevin E. Coach, the eCoach logo, and all other trademarks, service marks, graphics used in connection with the Services are the property of eCoach LMS 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 eCoach or third-party trademarks.
  • eCoach 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 eCoach Courses, or material provided by other parties.
  • If you believe that material located on or linked to by users of eCoach or services violates your copyright, you are encouraged to notify eCoach. eCoach 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.
  • eCoach 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 eCoach 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.
  • 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 eCoach.

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 available to our Enterprise customers.

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 eCoach 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 eCoach) 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.
  • eCoach 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 eCoach 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 eCoach 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 eCoach 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 eCoach and governs your use of the eCoach Service, superseding any prior agreements between you and eCoach (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

Modifications to Terms of Service (TOS)

eCoach 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 eCoach and eCoach Services following the posting of any changes to the TOS constitutes acceptance of those changes. eCoach 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 eCoach 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. eCoach 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 eCoach, 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

eCoach 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.