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Privacy Policy

1.       Introduction

1.1    We are committed to safeguarding the privacy of our Members and Clients.

1.2    This policy applies where we are acting as a data controller with respect to the personal data of our Members and Clients; in other words, where we determine the purposes and means of the processing of that personal data.

1.3    We use cookies on our website. Insofar as those cookies are not strictly necessary for the provision of LiquidFractal’s services, we ask you to consent to our use of cookies when you first visit our website.

1.4    Our website incorporates privacy controls which affect how we will process your personal data. By using the privacy controls, you can control the amount of site notifications you receive, whether or not you receive periodic email communications, and the amount of personal information which is made public and searchable. To control your privacy settings, access your Profile by clicking your name at the top-right corner of the screen and click Profile or Account Settings as necessary.

1.5    In this policy, "we", "us" and "our" refer to LiquidFractal.  For more information about us, see Section 13.

1.6    In this policy, “Members” refers to all registered users of the website, including those in other member groups (except “Client” or “Tutor Client”) who may have donated money to us. “Client” refers to registered users in “Client” or “Tutor Client” member groups who have purchased current or ongoing services with us.

2.       Credit

2.1    This document was created using a template from SEQ Legal (https://seqlegal.com).

3.       How we use your personal data

3.1    In this Section 3 we have set out:

(a)    the general categories of personal data that we may process;

(b)    in the case of personal data that we did not obtain directly from you, the source and specific categories of that data;

(c)    the purposes for which we may process personal data; and

(d)    the legal bases of the processing.

3.2    We may process data about your use of LiquidFractal’s website and services ("usage data"). The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your use. We get this usage data from the internal administration tracking system. This usage data may be processed for the purposes of analysing the use of the website and services. The legal basis for this processing is our legitimate interests, namely improving our website and the services we offer Members and Clients, or the performance of a contract between Clients and LiquidFractal and/or taking steps, at your request, to enter into such a contract.

3.3    We may process the account data you provide upon registration ("account data"), which may include your name and email address. The account data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining site backups and communicating with you. The legal basis for this processing is our legitimate interests, namely improving our website and the services we offer Members and Clients, or the performance of a contract between Clients and LiquidFractal and/or taking steps, at your request, to enter into such a contract.

3.4    We may process the information you include in your LiquidFractal personal profile ("profile data"). The profile data may include your name, email address, profile pictures, gender, date of birth, relationship status, interests and hobbies, educational details and employment details. The profile data may be processed for the purposes of enabling and monitoring your use of our website and services]. The legal basis for this processing is our legitimate interests, namely improving our website and the services we offer Members and Clients, or the performance of a contract between Clients and LiquidFractal and/or taking steps, at your request, to enter into such a contract.

3.5    We may process personal data that you provide in the use of our services] ("service data"). The service data may include a history of your activity on the site. The service data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining site backups and communicating with you. The legal basis for this processing is our legitimate interests, namely improving our website and the services we offer Members and Clients, or the performance of a contract between Clients and LiquidFractal and/or taking steps, at your request, to enter into such a contract.

3.6    We may process information and content you have posted or deleted on our website or through our services ("publication data"). The publication data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining site backups and communicating with you.  The legal basis for this processing is our legitimate interests, namely improving our website and the services we offer Members and Clients, or the performance of a contract between Clients and LiquidFractal and/or taking steps, at your request, to enter into such a contract.

3.7    We may process information contained in any enquiry you submit to us regarding LiquidFractal’s goods and/or services ("enquiry data"). The enquiry data may be processed for the purposes of offering, marketing and selling relevant goods and/or services to you. The legal basis for this processing is our legitimate interests in improving our website and the services we offer, and improving the Member and Client experience of the site.

3.8    We may process information relating to our Client relationships, including client contact information ("Client relationship data"). Client relationship data may include your name, your employer, your job title or role, your contact details, and information contained in communications between us and yourself. The source of the Client relationship data is you as registered Member or Client. The Client relationship data may be processed for the purposes of managing our relationships with Clients, communicating with Clients, keeping records of those communications and promoting our products and services to customers]. The legal basis for this processing is our legitimate interests in improving our website and the services we offer, and improving the Member and Client experience of the site.

3.9    We may process information relating to transactions, including purchases of goods and services, that you enter into with us and/or through our website ("transaction data"). The transaction data may include your contact details, your card details and the transaction details. The transaction data may be processed for the purpose of supplying the purchased goods and services and keeping proper records of those transactions. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract and our legitimate interests in improving our website and the services we offer.

3.10  We may process information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters ("notification data"). The notification data may be processed for the purposes of sending you relevant notifications and/or newsletters. The legal basis for this processing is our legitimate interests in improving our website and the services we offer, improving the Member and Client experience of the site, and the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract. As a registered user of the site you may change your notification settings at any time (see 1.4, above).

3.11  We may process information contained in, or relating to, any communication that you send to us] ("correspondence data"). The correspondence data may include the communication content and metadata associated with the communication. Our website will generate the metadata associated with communications made using the website contact forms. The correspondence data may be processed for the purposes of communicating with you and the backup and retention of records. The legal basis for this processing is our legitimate interests in improving our website and the services we offer.

3.12  We may process any of your personal data identified in this policy where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure or any other dispute. The legal basis for this processing is our legitimate interest in the protection and assertion of our legal rights, your legal rights and the legal rights of others.

3.13  We may process any of your personal data identified in this policy where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice. The legal basis for this processing is our legitimate interest in the protection and assertion of our legal rights, as well as the proper protection of our business against risks.

3.14  In addition to the specific purposes for which we may process your personal data set out in this Section 3, we may also process any or all of your personal data where such processing is necessary to comply with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

3.15  We encourage Members, Clients, guests, and anyone interested in our services to refer potential Members or Clients to the website, but please do not supply any other person's personal data to us unless we prompt you to do so.

4.       Providing your personal data to others

4.1    We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

4.2    Financial transactions relating to LiquidFractal’s website and services may be handled by our payment services providers (including, but not limited to, PayPal and relevant banking institutions). We will share transaction data with our payment services providers only to the extent necessary for the purposes of processing your payments, refunding payments, and dealing with complaints and queries relating to such payments and refunds. You can find information about the payment services providers' privacy policies and practices at [URLs].

4.3    In addition to the specific disclosures of personal data set out in this Section 4, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data when necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

4.4    We reserve the right to use Client data anonymously elsewhere on the website for promotional purposes. For example, completed projects from a Client Learning Domain may be re-posted elsewhere with identifying information (including but not limited to name, email, course-specific details) removed to demonstrate LiquidFractal’s services. In such cases, we will contact the Client directly using email and/or website messaging services to request explicit permission to do so. This request will include the option to waive anonymity, in which case the Client member name will be published without contact information. If we do not receive a response within seven days of the request, we understand the Client as having given implicit consent to use the material in the aforementioned anonymous capacity. The Client may withdraw their implicit or explicit consent at any time through explicit written communication send to our post address (see 13.3, below).

5.       International transfers of your personal data

5.1    In this Section 5, we provide information about the circumstances in which your personal data may be transferred to countries outside the European Economic Area (EEA).

5.2    The hosting facilities for our website are situated in The United States of America. The European Commission has made an "adequacy decision" with respect to the data protection laws of the United States of America. Transfers to the United States of America will be protected by appropriate safeguards, namely the standard data protection clauses adopted or approved by the European Commission, a copy of which you can obtain from https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/eu-us-privacy-shield_en.

5.3    You acknowledge that part or all of the personal data that you submit for publication through our website or services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others. You are responsible for the personal data you provide to, and publish on, our website.

6.       Retaining and deleting personal data

6.1    This Section 6 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.

6.2    Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.

6.3    We will retain your personal data as follows:

(a)    Name, site alias, email address, and other provided data will be retained for a minimum period of five years following a two year period of inactivity.

6.4    In some cases it is not possible for us to specify in advance the periods for which your personal data will be retained. In such cases, we will determine the period of retention based on the following criteria:

(a)    the period of retention of personal information and content posted will be until the Member or Client explicitly notifies us that they wish their website account to be deleted.

6.5    Notwithstanding the other provisions of this Section 6, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

7.       Amendments

7.1    We may update this policy from time to time by publishing a new version on our website.

7.2    You should check this page occasionally to ensure you are happy with any changes to this policy.

7.3    Changes to this policy may require your explicit acceptance (via webpage) in order to keep using the website services. We assume no responsibility for misinformation, services, information, or monies lost due to the blockage of our website's acceptance notices by pop-up blockers, ad-blockers, or other browser constrains.

8.       Your rights

8.1    In this Section 8, we have summarised the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.

8.2    Your principal rights under data protection law are:

(a)    the right to access;

(b)    the right to rectification;

(c)    the right to erasure;

(d)    the right to restrict processing;

(e)    the right to object to processing;

(f)    the right to data portability;

(g)    the right to complain to a supervisory authority; and

(h)    the right to withdraw consent.

8.3    You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee. You can access your personal data by clicking your member name at the top-right corner of the screen while logged into our website.

8.4    You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.

8.5    In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed]. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defence of legal claims.

8.6    In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defence of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.

8.7    You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.

8.8    You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.

8.9    To the extent that the legal basis for our processing of your personal data is:

(a)    consent; or

(b)    that the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract,

        and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.

8.10  To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.

8.11  You may exercise any of your rights in relation to your personal data by written notice to us.  In order to protect the security concerns of Members and Clients, email and/or other online contact for these purposes will not be accepted, but may be recorded in accordance with our legitimate business interests.

9.       About cookies

9.1    A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.

9.2    Cookies may be either "persistent" cookies or "session" cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.

9.3    Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.

10.    Cookies that we use

10.1  We use cookies for the following purposes:

(a)    authentication - we use cookies to identify you when you visit our website and as you navigate our website;

(b)    status - we use cookies [to help us to determine if you are logged into our website;

(c)    personalisation - we use cookies to store information about your preferences and to personalise your website experience;

(d)    security - we use cookies as an element of the security measures used to protect user accounts, including the prevention of fraudulent use of login credentials, and to protect our website and services generally;

(e)    advertising - we may use cookies to help us to display advertisements that will be relevant to you;

(f)    analysis - we may use cookies to help us analyse the use and performance of our website and services; and

(g)    cookie consent - we use cookies to store your preferences in relation to the use of cookies more generally.

11.    Cookies used by our service providers

11.1  We use Google Analytics to analyse the use of our website. Google Analytics gathers information about website use by means of cookies. The information gathered relating to our website is used to create reports about the use of our website. Google's privacy policy is available at: https://www.google.com/policies/privacy/.

12.    Managing cookies

12.1  Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:

(a)    https://support.google.com/chrome/answer/95647?hl=en (Chrome);

(b)    https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences (Firefox);

(c)    http://www.opera.com/help/tutorials/security/cookies/ (Opera);

(d)    https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer);

(e)    https://support.apple.com/kb/PH21411 (Safari); and

(f)    https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy (Edge).

12.2  Blocking all cookies will have a negative impact upon the usability of many websites.

12.3  If you block cookies, you will not be able to use all the features on our website. We are not responsible for any lack of services and/or lost data or information due to blocked cookies.

13.    Our details

13.1  This website is owned and operated by Dr. Gord Barentsen, Owner and Principal Consultant of LiquidFractal.

13.2  We are a business in Australia registered under ABN 14 381 107 723.

13.3  Our physical contact information is: PO Box 11157, Frankston, VIC, 3199, AUSTRALIA.

13.4  You can contact us:

(a)    by post, to the address given above in 13.3;

(b)    using our website Contact form;

(c)    by telephone, on the contact number published on the Contact information page of our website; or

(d)    by email, using the owner’s email address which may be published on our website from time to time or divulged through communication.

LiquidFractal, PO Box 11157, Frankston, Victoria, 3199

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