Collection Notice and Privacy Policy

1 About our policy

1.1 Introduction

We are Duke Education Pty Ltd, a company incorporated and registered in Victoria, Australia with company number ACN 147 978 596 and a registered training organisation with RTO Number 22497 (we, our, us, Duke).

This Collection Notice and Privacy Policy (Policy) is provided to ensure you understand how we collect, use, disclose, and hold your personal information when you use any of the services offered by us via duke.co (Duke Website), which include but are not limited to access to and use of our online training platform (Platform), training courses delivered via the Platform, student referral and management services and other services offered from time to time to different types of users (Services).

Duke respects the rights and privacy of all individuals and is committed to complying with the Privacy Act 1988 (Cth) (Privacy Act) and the Australian Privacy Principles (APPs), and other relevant privacy laws. This Policy describes how, and the purpose for which, Duke collects, uses, stores and discloses your information, including personal information, in connection with your interaction and engagement with Duke and your access to and use of the Services.

1.2 Your agreement to this Policy

By accessing the Services, you confirm that you have read this Policy and consent to your personal information being collected, stored, used and disclosed in accordance with this Policy. If you are under 18 years of age, or legally a minor in your relevant location, a parent or guardian must consent on your behalf. Please read this Policy carefully to understand our practices regarding your personal information.

If you do not wish to provide us with your personal information, then you are not required to do so. However, by deciding not to provide us with your personal information you may not be able to access / use the Services or effectively use the Services to the same standard as if you had provided the required personal information.

1.3 Changes to this Policy

Duke may routinely review and update this Policy, including taking account of new or amended laws, new technology and/or changes to operations. All personal information held by Duke will be governed by the most recent updated Policy.

If changes are made to this Policy, we will upload the revised Policy to the Duke website and/or the Service. If we make any significant changes which may reduce your rights under the Policy, we will provide prominent notice by posting a notice on the Services and/or notifying you by email with reasonable notice.

If you disagree with the revised Policy, you may terminate your agreement with Duke (in accordance with the terms of the relevant agreement), cease using the Services and deactivate your account. Your continued use of any of the Services following the effective date of the revised Policy will constitute your acceptance of any changes.

1.4 Personal information

When used in this Policy, the term “personal information” has the meaning given to it in the Privacy Act.

2 What information does Duke collect?

2.1 Types of personal information

We may collect personal information about you including name, date of birth, unique student identifier, contact details (including telephone number, address and email address), education background, gender, language skills.

If you are a Student User, we may collect your health information directly or through the Employment Service Provider who referred you to our Services (ESP) including any physical or mental disability, medical conditions or any other health issues for the purposes of providing the Services and any special assistance to you (as required).

2.2 Information we automatically collect from you

When you use any of our Services, Duke automatically collects certain information from you, including personal information.

(a) Usage information

Duke collects information about your activities during your use of the Services,

such as the pages or content you viewed, your searches, and other actions you

take while using the Services.

(b) Communication records

If you contact Duke by telephone, email, post via the Services (e.g. online chat) or in person we automatically record any information, including personal information that you provide to us.

When you communicate with other users (where applicable) via the relevant

Service, we monitor, record and store those communications and any information you choose to provide to other users.

We automatically collect log data and device information when you access and use the Services. That information includes, among other things, a recording showing how you used the Services, your clicks, scrolls and activities, your IP address,

access dates and times, hardware and software information, device information,

device event information, unique identifiers, crash data, cookie data, and the pages you have viewed or engaged with before or after using the Services. We use this type of information to provide the Services and to analyse trends.

(d) Cookies

When you use our Services, Duke may obtain information using technologies such as cookies, tags, web beacons, and navigational data collection (log files, server

logs, and clickstream data) to better understand your experience. For example,

Duke may collect information like the date, time and duration of visits and which

webpages are accessed.

Duke collects some anonymous information about how you use a Service by

setting and accessing cookies on your computer. A cookie is a small text file that allows our system to identify and interact more effectively with your computer or

device. We use cookies to measure traffic patterns, to determine which areas of

our website have been visited, and to measure transaction patterns in the

aggregate. We use this to research, to monitor user habits to improve our online

services. You can configure your web browser to restrict or disable cookies,

however, this may cause some parts of the Services not to have full functionality.

Duke may also log IP addresses (the electronic addresses of computers connected to the internet) to analyse trends, administer the website, track user movements, and gather broad demographic information.

2.3 Information we collect from third parties

Duke may collect personal information about you, including health information and sensitive information, from third parties. We do not control, supervise and are not responsible for how those third parties process your personal information. Any information request regarding the disclosure of your personal information by a third party to us should be directed to such third parties.

3 How do we hold your personal information and where do we store your personal information?

All the data collected by us is stored in Australia. Duke will retain the personal information that is collected from and about you for as long as it is needed to provide the Services to you.

We take reasonable steps to delete the personal information we collect if you no longer use our Services and you ask us to delete your information.

Duke may however retain and use personal information as necessary to comply with legal and regulatory obligations, to resolve disputes and to enforce our agreements, and we may retain and use anonymous and aggregated information for performance reporting, benchmarking and analytics purposes and for product and service improvement.

If we suspect any misuse or loss of, or unauthorised access to, your personal information we may inform you of that suspicion and take immediate steps to limit any further access to, or distribution of, your personal information. If we determine that the breach is likely to result in serious harm to you and we are unable to prevent the likely risk of serious harm

with remedial action, we will take action in accordance with the Privacy Act.

4 How will we use your personal information?

4.1 General purposes

We may use your personal information to build, operate and improve the Services and as necessary for the adequate performance of our agreement with you.

Below is a non-exhaustive list of the general purposes for which we may use your personal information. We may use your personal information to:

(a) verify or authenticate information provided by you and your identity;

(b) conduct necessary checks to verify the information you have provided as part of the registration process;

(d) enable you to create and update your personal profile;

(e) maintain and update our records;

(f) operate, protect, improve, and optimise the Services and customers’ experiences;

(g) operate, improve, and optimise related services, such as by performing analytics and conducting research;

(h) assist us to provide effective customer service;

(i) process, manage and administer account payments, billing issues and payroll transactions;

(j) send you support messages, updates and account notifications;

(k) complete internal accounting and administration; and

(l) facilitate any authorised payments.

The primary purpose for which we collect information about you is to enable Duke to perform its business activities and functions and to provide you with the best customer experience.

4.2 Use of your personal information for marketing and advertising purposes

We may use your personal information to undertake and direct advertising and marketing activities that we consider may be of interest to you. These communications may be sent in various forms in accordance with applicable marketing laws, such as the Spam Act 2003 (Cth).

Below is a non-exhaustive list of the purposes for which we may use your personal information. We may use your personal information to:

(a) send promotional messages, marketing, advertising, and other information to you via telephone, email, online and other means;

(b) contact you by telephone or text message solely in connection with the services we provide and only if you have provided us with your phone number;

(d) personalise, measure, and improve our advertising and marketing.

Communications may also be received from other companies with whom we hold a relationship for the purpose of providing the Services.

You can opt-out of receiving marketing communications from us by following the

unsubscribe instructions included in our marketing communications.

5 Disclosing your personal information

5.1 Disclosure to an ESP

If you are a student user of our Services, we may disclose your personal information and usage of the Platform to your ESP. You consent to us doing so. An account can be linked with an individual ESP’s account if they invite you to join the Platform, or if you utilise the account linking functionality for your existing account.

5.2 Disclosure to other third parties

We may disclose your personal information to:

(a) a third-party organisation providing relevant services to enable us to perform the Services for example, hosting, data processing and website development services; and

(b) such other parties required or authorised by law (e.g., government agencies) 5.3 Disclosure with your consent

Except as may be stated in this Policy, where you have provided your express consent for specific parts of your personal information to be disclosed, we will only disclose and share your personal information that is held by us as at the time of receiving your consent.

5.4 Unidentified data sharing

Duke may combine and de-identify the information collected from you. This anonymised information may be used for regulatory compliance, industry and market analysis, demographic profiling, marketing and advertising, and other business purposes.

6 Accessing your personal information

You may access and amend parts of your personal information by logging into your account and making changes at any time. Alternatively, you have a right to request access to your personal information at any time by contacting our Privacy Officer.

Where we hold information that you are entitled to access, we will try to provide you with suitable means of accessing it (for example, by mailing or emailing it to you). Your personal information will usually be available within 30 days of your request. If there is a fee for accessing your personal information, we will confirm the amount before providing the information. If you make an access request, we will ask you to verify your identity.

There may be instances where we cannot grant you access to the personal information we hold. For example, we may need to refuse access if granting access would interfere with the privacy of others, or if it would result in a breach of confidentiality. If that happens, we will give you written reasons for any refusal.

If you believe that personal information we hold about you is incorrect, incomplete or inaccurate, then you may request us to amend it. We will consider if the information requires amendment. If we do not agree that there are grounds for amendment, then we will add a note to the personal information stating that you disagree with it.

We request that you keep your information as current as possible so that we may continue to improve our service to you.

To request access or to amend your personal information, please contact our Privacy Officer (refer below for contact details in Section 8.1).

7 Your rights and responsibilities

7.1 Your responsibilities

You must ensure that your username and password are kept safe and tell us when your account has been accessed without permission.

7.2 Your rights

You have the right to ask us to:

(a) stop collecting your personal information and remove your personal information from our records. Please note that as a result of such a request, you may not be able to access or use the Services;

(b) stop sending you marketing communications or targeted advertising from us. Please note you cannot opt-out of receiving administrative and transaction related emails from us unless you deactivate your account; and

(c) keep your data anonymous (where possible), or stored under a pseudonym. Please contact our Privacy Officer should you wish to make any of the above requests.

8 Contact us

8.1 Feedback

If you have any feedback or questions about this Privacy Policy or any of our privacy-related practices, please contact our Privacy Officer at compliance@duke.co

8.2 Complaints

If you have a concern about how we have handled your personal information, please let us know so we can address the problem.

We are genuinely committed to our privacy obligations detailed in this Policy and we aim to ensure that your requests or complaints are treated confidentially. Our Privacy Officer will contact you within a reasonable time after receipt of your complaint to discuss your concerns and outline options regarding how they may be resolved. We will aim to ensure that your complaint is resolved in a timely and appropriate manner.

Last updated 24/4/24