Keypath Education Australia Pty Ltd Privacy Policy (“Privacy Policy”)

 

Last updated: 29 August 2024

 

RMIT University and RMIT Online Pty Ltd (together referred to as “RMIT”) engage education technology provider Keypath Education Australia Pty Ltd (who we refer to, together with our related bodies corporate^[1], as “Keypath”, “Keypath Group”, “us”, “we”, or “our”, depending on the context) to support the delivery of select online courses offered by RMIT (the “Services”).

It does so under an agreement requiring Keypath to comply with RMIT’s privacy policy and relevant privacy laws and that agreement takes precedence over this Privacy Policy to the extent of any inconsistency.

Where Keypath collects, receives, accesses, holds, uses, or discloses Personal Information (as defined under “What we mean by Personal Information” below) in the course of providing the Services, the terms of the below Privacy Policy will apply.

Keypath respects your privacy, and takes the privacy and security of Personal Information seriously.

This Privacy Policy explains:

• what Personal Information we collect, how we collect that Personal Information, and how we use that Personal Information;
• when and with whom we may share the Personal Information we collect; and
• your choices and rights regarding your Personal Information.

This Privacy Policy applies to the Personal Information we collect, including through the sites that link to this Privacy Policy (referred to collectively as the “Site”), as well as through any other contact you have with Keypath through or on behalf of RMIT in connection with the educational courses they offer (referred to generally as a “Course” or the “Courses”).

In addition, RMIT’s Privacy Statement will also be applicable to any dealings with your Personal Information by RMIT.

[1] As defined in section 50, Corporations Act 2001 (Cth).

Keypath is a service provider of RMIT and at no time seeks to represent that RMIT and Keypath are in partnership, operating under a joint venture, franchise, agency, employment relationship or partnership arrangement.

If you do not agree with the terms of this Privacy Policy and would prefer that we not collect, use, or share your Personal Information as described, you should not use the Site, or otherwise provide us with any Personal Information.

Unless otherwise required by law, and where practicable, you can choose to remain anonymous or to use a pseudonym when communicating with us. Please note that if we are unable to collect Personal Information from or about you, it may be difficult or impossible for you to access services through the Site, or for us to be able to respond to your requests or enquiries, or for us to engage in other dealings with you. For example, you may not be able to enrol in or complete a Course. However, it is ultimately your choice whether you want to interact with us and RMIT, enrol in Courses, and/or participate in online learning through RMIT.

 

COLLECTION AND USE OF PERSONAL INFORMATION

A.    What We Mean By “Personal Information”.

“Personal Information” is information or an opinion, in any form and whether true or not, about an identified individual or an individual who is reasonably identifiable. Different states, countries, and laws define Personal Information (or similar terms, such as “personally identifiable information” and “personal data”) differently, but Personal Information generally includes information such as your name, mailing address, e-mail address, and phone number. It may also include the internet protocol (IP) address of your computer or mobile device, if that IP address can be linked to you from specific information we handle, or other information (such as other Personal Information accessible to us, or geo-location information) that could be used to ultimately identify you.

 

B.  The Kinds of Personal Information That We Collect and Hold, and How We Collect It.

The kinds of Personal Information we collect and hold about you depends on the nature of your dealings with us and the circumstances of collection. For example:

• we may collect your name, telephone number, email address and other information you choose to provide to us, if you decide to contact us through a “Contact Us”, “Request More Information”, or similar links on the Site, or if you otherwise request information about RMIT or about the Courses, units and other services we and they offer, including via subsequent telephone, electronic voice, or text communications with our representatives;
• if you apply for enrolment in a Course, or if you sign up to receive newsletters or other materials, you may provide us with your name, email address, and any other information you include with your submission; and
• if you participate in a Course, we will obtain Personal Information from you so that we and RMIT are able to provide you with the services that you have signed up to receive, as well as to seek your feedback as to your experience in regard to the Course and the services received.

If you deal with us in some other capacity, we may collect your name and contact details and any other information you choose to provide to us.

In addition to the Personal Information that we collect directly from you through your interaction with the Site and your participation in Courses and other services we and RMIT offer, we also collect some Personal Information from third parties (our purpose for doing so is set out under “Personal Information We Obtain From Third Parties” below).

We may collect sensitive information (such as health information) in limited circumstances (as described in more detail below under "The Purposes For Which We Collect, Hold, Use and Disclose Personal Information”), and we will only collect sensitive information about you with your consent (unless we are otherwise required or authorised by or under law to do so).

In addition, the Site, like most websites, automatically collects certain information from you when you visit it, such as your IP address or other unique identifier of your computer or other device, and information about the browsing history and website interactions associated with that device. This device and online activity information may be considered Personal Information where it could be used to ultimately identify an individual (for example, where information held is able to be linked with other accessible information that could ultimately identify the individual). However, we do not use this type of automatically collected information to identify or to further interact with a particular person, unless and until that user voluntarily provides other Personal Information in the manner outlined above. More information about how we use this information on an anonymous, de-identified and/or aggregate basis is described below under “How We Collect and Use Non-Personal Information”.

 

C.  The Purposes For Which We Collect, Hold, Use and Disclose Personal Information.

 

1.  Personal Information We and RMIT Collect Directly

The Personal Information you may be asked to provide to us and/or RMIT, and the purpose for which we collect, hold, use and disclose that Personal Information is described in the table above.

In addition to the purposes specified in the table above, we also collect Personal Information so that we can operate our business and provide Services to you, and others, as described further below under “Personal Information We Obtain From Third Parties” and “Certain Generally Applicable Uses of Personal Information.”

We present this information based on the categories of Personal Information collected, but please note that similar specific pieces of information may apply to multiple categories. For example, your name and email address may be included within each of the “Contact Information,” “Communication, Activity and Marketing Information,” and “Educational History Information” categories described above.

 

2.  Personal Information We Obtain From Third Parties

As noted above, we collect some Personal Information from third parties, including Personal Information that has been provided to us from RMIT, in order that we can perform our services in relation to the Course.

 

3.  Certain Generally Applicable Uses of Personal Information

The Personal Information we collect directly from you and from third parties may be used for the following additional purposes, all of which are related to the operation of our business and our provision of services, including:

• our and RMIT’s internal record-keeping;
• to enable us or RMIT to contact you by e-mail, text or phone for any of the above reasons;
• with prior notice to RMIT, where necessary as part of any restructuring of the Keypath Group;
• for compliance with legal, regulatory, and other good governance obligations;
• to convert Personal Information into pseudonymous and/or de-identified data, and to use it (normally on an aggregated statistical basis) for research and analysis;
• to gain insight that enables us and RMIT to measure the effectiveness of our services;
• to learn about potential and current students so that we can improve the Courses and provide you and others with better and targeted service offerings from or on behalf of RMIT; and
• to evaluate potential and current students’ needs and resources applicable to the Courses, and to tailor our marketing messages to your and their specific interests, needs, and abilities.

When we use your Personal Information for our business purposes, those business purposes include working with RMIT to make Courses available, responding to your, our students’ and potential students’ comments and complaints, marketing RMIT’s products and services, improving and developing new products and services, and ensuring the productivity, functionality, and security of the Site.

 

B.  How Long We Keep Personal Information.

We will keep your Personal Information as long as we have a business need to do so and/or as necessary to meet the purpose for which the information was collected and used, unless a longer period is required by law or by contract with RMIT. For example, we will keep Personal Information for at least as long as you continue to be enrolled in any Course, and, if any Site allows you to create an account, we will keep the Personal Information associated with your account for as long as you maintain it. Business needs for which Personal Information may be retained include legal, tax, accounting, risk management, and other business purposes.

All applicant, enrolment, and student details will be kept for at least as long as we continue to provide Services to RMIT, unless we agree otherwise with RMIT. Once we cease to have a relationship with RMIT, our practice is to de-identify (or otherwise destroy) all Personal Information we have collected in the course of that relationship.

It is important to note that some Personal Information that we collect may be made public. For example, with your consent, we may use your image and testimonials in promotional materials. Accordingly, your information will be able to be seen and republished for as long as the marketing materials continue to be posted online, or as long as the hard copies remain in existence. In addition, we or RMIT may make available services that enable you to post information on the Site in public forums and on message boards. In these cases, once posted, the information will be able to be seen and republished by others for as long as the web page remains active. Even if web pages, apps or platforms are deleted, they may continue to be accessed if they are archived or cached. Therefore, you should think carefully before giving your consent to the use of your name, image, and comments in any materials and, if applicable, before posting anything in any public area of the Site.

 

How We Collect and Use Non-Personal Information.

A.  What Is Non-Personal Information?

Non-Personal Information refers to information that is not and cannot be used to identify a specific individual, or is Personal Information that has been de-identified so that it is no longer about an identifiable individual, or an individual who is reasonably identifiable. This may include information about the statistical characteristics of the visitors to the Site or persons who enrol in Courses. While this information may define how you fit into a particular group of people, it is not unique to you, and it cannot be used to specifically identify you. This section describes how we collect and use non-Personal Information.

 

B.  The Non-Personal Information We Collect and Why.

When you visit a Site or interact with us electronically (such as through email), we may automatically collect standard internet and website log information, and details of patterns about how you behave. This information includes your internet service provider name, your operating system, your browser type and browser language, the IP address of your computer or other device (unless such IP address can be used to identify you), your access times, the website that referred you to the Site, the specific web pages you visit and the date and time of those visits, and links clicked as you visit the Site.

We use this information to evaluate the Site, to find out which parts of the Site are popular or that may need improvement and to enhance yours and others’ Site experiences.

 

C.  Cookies and Other Tracking Technologies.

The Site utilises “cookies”, anonymous identifiers and other tracking technologies such as web beacons, which enable us to distinguish you from other users and provide you with information that is customised for you. For more information, see the “Cookies Policy” section of this Privacy Policy.

 

D.  Analytics Services.

The Site may use analytics tools and services to collect information about your use of the Site, such as how often you visit the Site, what pages you visit, and what other sites you used prior to visiting the Site. We use the information we collect from the analytics services to maintain and improve the Site and our and RMIT’s services. The analytics services we use include Google Analytics, Facebook Ads, and others.

 

E.  Sharing Non-Personal Information.

We may use or disclose non-personal, aggregate, anonymous information in a de-identified format to third parties, such as third party service providers to improve the Site and our and RMIT’s services, and market research firms.

 

COOKIES POLICY

A.  What Are Cookies?

Cookies are small amounts of data that are stored on your browser, device, or the page you are viewing when you visit a website. Some cookies are deleted once you close your browser or application (session cookies), while other cookies are retained even after you exit so that you can be recognised when you return (persistent cookies). 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.

 

B.  How We Use Cookies.

We use both session and persistent cookies on the Site. The cookies we use are generally divided into the following categories:

• Mandatory cookies: These are cookies that are required for the operation of the Site, such as cookies that enable you to log into secure areas.
• Functional cookies: These are cookies that remember choices that you make when you visit the Site such as language options. They help to make your visit more personal and assist your navigation of the Site.
• Analytics/Marketing cookies: These are cookies that automatically collect information about your use of the Site, such as the pages you visit, and the links you followed. These help us recognise previous visitors to the Site, and understand how many people are using the Site, and how they navigate through it. As mentioned above, we use analytics services to analyse user behaviour, so these third parties will place these types of cookies on the Site.

 

C.  Your Choices About Cookies.

Most web browsers automatically accept cookies, but you can usually change your settings to prevent that, such as by having your device warn you each time a cookie is being sent or choosing to turn off all cookies. On the Site, you will be able to disable all cookies other than mandatory cookies. This can be done through your web browser settings, and because each browser is different, you should look at your browser’s “Help” menu to learn how to modify your cookie settings. There are also online resources that may help you learn more how to opt out of targeted behavioural advertising from many major third-party network advertisers.

If you do disable cookies from your browser you may not be able to access certain sections of the Site that use essential cookies, and this may make your experiences on the Site less efficient.

 

D.  Third Party Cookies

We may allow third parties to use analytics/marketing cookies on a Site in order for those third parties to provide their Services to us. These Services may include the provision of website analytics (for example, from Google Analytics) and marketing and promotional services (such as those provided by Google Ads and Facebook). These third parties may use the information gathered by those cookies to assist us with personalising content, providing a better user experience and for targeted advertising.

 

E.  Do Not Track Requests.

Currently, certain browsers, including Firefox, Google Chrome, Safari and Microsoft Edge, offer a “do not track” (DNT) option. This option, using a technology known as a DNT header, sends a signal to websites visited by the user about the user’s DNT preference, if any, set on the browser. However, we do not currently commit to responding to browsers’ DNT signals. We cannot make this commitment because no common industry standard for DNT has been adopted by industry groups, technology companies, or regulators.

 

HOW WE MAY SHARE INFORMATION

A.  Sharing Information with RMIT.

We collect, use, and process your Personal Information on behalf of RMIT, and accordingly, it will be shared with RMIT for all purposes consistent with this Privacy Policy, including to process applications and enrolment materials and to fulfill our contractual relationship with RMIT. In addition, we may also collect and share your Personal Information with RMIT so that we can collaborate with them to develop, deploy, and deliver additional Courses and online programs, and to facilitate flexible online learning.

Please note that we have no control over how RMIT uses Personal Information and other information we share with them. RMIT has its own Privacy Statement, and their collection and use of your Personal Information is subject to the terms of their Privacy Statement.

 

B.  Sharing Information with Others.

We may share information with other third parties in the following circumstances:

• We share your information, including Personal Information with RMIT in order to administer your enrolment in the Course and to otherwise provide the Services to RMIT and you.
• We may share your information, including Personal Information, so that we or others may provide you with periodic communications in connection with RMIT’s Courses, or may contact you regarding products, services, or events of RMIT. If you do not wish for us to share your information in this manner, please let us know by contacting us at cst@keypathedu.com.
• We may employ other companies and people to perform tasks on our behalf and we may need to share Personal Information with them to provide Services to you. For example, such third parties may handle our data management and/or email distribution. Unless we tell you differently, those third parties do not have any right to use your Personal Information beyond what is necessary to assist us, and are required to keep your Personal Information confidential and to provide the same privacy safeguards as we do;
• With RMIT’s prior approval, we may share information, including Personal Information, with our corporate affiliates in the Keypath Group of companies for the potential expansion and promotion of product and service offerings for RMIT, and other uses consistent with the purposes described in this Privacy Policy.
• We may share your Personal Information with your employer, if your employer is paying for your enrolment in a Course and/or unit.
• We will share Personal Information with third parties for other purposes if we have your express “opt-in” consent to do so.
• We may disclose Personal Information at the request of law enforcement or government agencies or in response to subpoenas, court orders, or other legal process to establish, protect, or exercise our legal or other rights or to defend against a legal claim, or as otherwise required or allowed by law.
• We may disclose Personal Information if we believe that such action is appropriate to (a) protect the rights, property, or safety of a user of the Site or any other person, (b) investigate or prevent a violation by you of any contractual or other relationship with us or RMIT, (c) investigate or prevent your actual or potential illegal, fraudulent, or harmful activity, or (d) detect, prevent, or otherwise address fraud, security, or technical issues.
• We may share information, including Personal Information, in connection with, during negotiations of, or as a part of the closing of any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.

We may also disclose your Personal Information to other third parties for other purposes where we are required or authorised by or under law to do so (including where you have provided your consent).

We will never sell your Personal Information.

 

C.  Sharing Information to Recipients Outside Australia.

Other companies in the Keypath Group and some of our service providers are located outside of Australia. As a result, Personal Information collected and held by us may be disclosed to recipients in other countries, including recipients located in the United States, the United Kingdom, Israel, Japan and Canada.

Keypath will not disclose your Personal Information to third parties outside of Australia without the prior approval of RMIT.

 

SOCIAL NETWORK PLATFORMS, SHARING FEATURES AND THIRD-PARTY WEBSITES

The Site may offer social network and similar sharing features, such as Facebook, Twitter, Instagram, and YouTube buttons, which let you share information related to the Site, RMIT, and/or the Course(s) you enrol in, through your preferred social media platforms. In addition, the Site may include links to other third party websites.

Further, if you provide your Personal Information to us via a social network (for example, by completing a “Contact Us”, “Request More Information”, or similar form in-app), your Personal Information will be collected by us (via our account on the relevant social network), and by the social network.

Those sites, and the third parties’ use of any data that may be collected by those sites, are not governed by this Privacy Policy. You should always review the privacy policies of any site you visit before submitting your Personal Information.

If you permit a connection between the Site and your social network page(s) or another third-party site, we (and the other site operator) may be able to identify you, and associate the information we (and they) receive with information we (and they) already have about you. In addition, depending on how you use those features and your settings with the social network or other third-party site, the information you share may be available to others, including your friends and/or the public. For more information about how your information may be shared through those social networks and other third-party sites once it is provided to them, please review the privacy policies of those social networks and other third party sites.

 

How We Hold Your Personal Information and Our Security Measures.

We use a variety of industry-standard security measures to maintain the safety of your Personal Information, including measures designed to secure your Personal Information from accidental loss and from unauthorised access, use, alteration and disclosure. We store the Personal Information you provide on secure (password- and firewall-protected) servers.

If any portion of a Site allows you to create an account, it will be your responsibility for keeping your account and password confidential. We will never ask for your password (except, if applicable, when you create your account and log into the Site).

 

YOUR RIGHTS REGARDING YOUR INFORMATION

A.    General Rights to Access, Correct and Remove Personal Information.

If you have any questions regarding this Privacy Policy or our use of your Personal Information, you can contact us by email at cst@keypathedu.com. In addition, you can also contact us at any time at cst@keypathedu.com to request access to the Personal Information that we hold about you, or to otherwise request that we make any corrections to your Personal Information. If, where applicable, you have an account on the Site, you can access and edit your account information online, by signing into your account and selecting the information you want to edit.

As noted above, we have standard retention practices with respect to the Personal Information we collect. If you would like to request any earlier removal of your Personal Information, please contact us at cst@keypathedu.com. Please note that we may not be able to completely remove Personal Information from the Site or our systems in certain circumstances. This will be true if the data is not in a searchable format, if it is retained in backup systems or cached or archived pages, if we need it to prevent fraud or future abuse, or if we are required by law to keep it.

 

B.  Your Rights Regarding Direct Marketing.

As noted above in this Privacy Policy, we may use your Personal Information to provide you with marketing and promotional information about our and RMIT’s products and services. These promotions may be made by mail, email, telephone, instant messaging application, or text (SMS) message, or other methods that may become relevant or available. All promotional materials that are sent by electronic means will include a simple method for you to stop receiving further communications. For example, we may provide you with an “unsubscribe” link, or an email address to which you can send an opt-out request. In addition, if we need your consent for direct marketing communications under applicable law, and if you provide your consent, you will be able to change your mind at any time.

Your consent will be deemed if you do not opt out when we offer you the opportunity to do so, and will remain current until you advise us otherwise. You can manage your consent preferences with respect to direct marketing activities by contacting us at cst@keypathedu.com. Please note that despite your email preferences, we may need to contact you regarding your enrolment with RMIT, as required by law, or regarding legal matters. However, we will not send you marketing communications if you have opted out of receiving them.

 

A NOTE ABOUT CHILDREN

The Site is not targeted to, and we have no interest in collecting information from, children, and we do not knowingly gather any Personal Information from children under the age of 15. If you are a parent or a legal guardian who believes that your minor child provided us with any Personal Information, please contact us at cst@keypathedu.com.

 

CONTACT US

Please contact us (at cst@keypathedu.com) if you have any concerns or complaints about the manner in which we have handled your Personal Information. We will inquire into your complaint and respond to you in writing within 30 days. If you are not satisfied with our response, you can lodge a complaint with the Office of the Australian Information Commissioner (www.oaic.gov.au).

 

CHANGES TO THIS PRIVACY POLICY

We may make changes to this Privacy Policy from time to time. Any changes to the manner in which Personal Information is used or shared will be subject to the approval of RMIT. Any modifications will be effective when the changes are posted to a Site. You can review the most current version of this Privacy Policy at any time by accessing the section of a Site labelled “Privacy Policy”, and you can determine when this Privacy Policy was last revised by referring to the “Last Updated” legend at the top of this Privacy Policy. You are expected to check this Privacy Policy from time to time to take notice of any changes.