ADVERTISEMENT, USE, INTELLECTUAL PROPERTY, and PRIVACY

Wyndah Pty Ltd, ACN 627 696 959 (“Wyndah” or “We”) provide a web platform for online tutoring and other educational services. By accessing Wyndah website, webpages, the mobile application or its associated sites and apps, you accept and agree to the terms and conditions (“Terms and Conditions”) of Wyndah’s policy and user agreement (“the policy”and “User Agreement”), which includes your acceptance of our policies on Advertisement, User rights and obligations, Intellectual Property rights and laws, and your consent to, and authorization of, the collection, use and disclosure of your personal information in accordance with our Privacy Policy

1. ADVERTISEMENT: FOR CONSUMERS/USERS

The Wyndah Apps and sites which you use may work with online advertising companies to provide advertising which may be relevant and useful. Various factors may result in personalization of the advertising, and such factors may include, but are not limited to, the content of the site or app you are using, other apps on your device, as well as other interests, scope of the information you may provide, search history based on your searches, recommendations made to you and accepted by you. By accepting the use of Wyndah and its associated sites and apps, you accept the right of Wyndah to select the ads you see and to place its own adds or permit the use of its medium as a platform.

Who may place the ad?

Ads may be placed or served by Wyndah or one of Wyndah’s advertising partners

Reasons for particular ads

Certain factors like your activity, searches, demographic data, apps on your device, and location information may be used to select the ads you see.

Your Options

  Manage interest-based advertising categories, or opt-out of all categories.

  You may exercise your right of privacy controls.

  Visit the ADAA (AU/NZ) to see your opt-out choices from other participating companies. If in the US, EU or Canada, visit Network Advertising Initiative (US) and the Digital Advertising Alliance - DAA (US), EDAA (EU), DAAC (Canada).

  You may explore other controls and tools to help set and maintain your privacy choices.

2 . COPYRIGHT AND INTELLECTUAL PROPERTY POLICY

2.1 Reporting Intellectual Property Violations

This policy addresses IP concerns relating to content accessible on or through Wyndah’s Services, other than search results. For copyright or trademark concerns about search results powered by search engines (including, but not limited to, Sponsored Listings and Ads results), please contact the search engine provider directly.

Wyndah responds to effective and complete notification of IP violations that provide specific information for us to identify and locate the infringing materials. In appropriate instances, the infringing material will be removed. Upon review, we may decline to remove alleged infringing materials. This may be the case in circumstances where, for example, we determine they are not infringing or if we lack sufficient information to determine that they are infringing or if we are unable to find the alleged materials, or if the material is protected by the fair use doctrine, among other reasons.

Please note that under certain laws, any person that knowingly materially misrepresents that a material is infringing may be liable for damages, including costs and attorney’s fees. If someone has posted your original work (for example, a photo you took, or an article you wrote) without your permission, you may want to seek legal guidance to find out if your IP rights have been infringed. Wyndah is unable to provide you with legal advice regarding copyright, trademark or other IP matters.

22.2 Copyright Notices

If you believe that work residing or accessible on or through Wyndah’s Services infringes a copyright, please send a notice containing the following information of copyright infringement to Wyndah:

  1. Identification of the work or material that you claim has been infringed. If this material exists online, please provide a URL.
  2. Identification of the material that is claimed to be infringing, including its location on the Wyndah Site, with sufficient detail to enable Wyndah to find the material and verify its existence (e.g., in most circumstances, we will need a URL).
  3. Contact information, including your name, address, telephone number, and email address.
  4. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or law.
  5. A statement by you that the information you are providing is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner’s behalf.
  6. A physical or electronic signature of the owner of the copyright that has been allegedly infringed or a person authorized to act on behalf of the owner.

2.3 Trademark Notices

If you are asserting infringement of a trademark, whether in connection with a sponsored search ad or user content, we recommend that you submit your notice by taking the above steps described under copyright violations notice above.

2.4 Counter Notices / Appeals

If you believe you are the wrongful subject of an infringement notification, you may file a counter-notification with Wyndah.

Accounts or subscribers that are the subject of a trademark notice may submit an appeal to Wyndah, along with any relevant materials you would like Wyndah to consider.

2.5 Repeat Infringement

Wyndah reserves the right and sole discretion, to terminate any user for actual or apparent infringement of IP rights, and may terminate, under appropriate circumstances, the accounts of users who are found to be infringe repeatedly

Wyndah may forward a copy of any Notice including name and email address to the subscriber or account holder who posted that content in order to notify that person. It may also forward a copy of a Notice (with personally identifiable information removed) for publication, or post a copy of a Notice (with personally identifiable information removed) on Wyndah sites or associated site.

2.6 Request for copies of Infringement Notices

Any subscriber or account holder may ask for a copy of any Notice, although Wyndah reserves the right to grant or refuse such request, and if granted, Wyndah may make redactions to eliminate irrelevant or personally identifying information.

3. WYNDAH BRAND PERMISSIONS

All users accept that they have acquainted themselves with the Wyndah Brand Permissions policy. This page is designed to provide guidance on the use of Wyndah’s trademarks, logos, trade dress, web pages, screen shots, copyrighted designs, original content, or other brand 4 features. The brand features are collectively referred to as “Wyndah Brand Features”. If you still have questions after reading through our guidelines, please complete and submit a formal request via our online form or other available online contact options.

Wyndah is happy to receive requests that are enthusiastic about Wyndah’s brand. However, Wyndah cannot accommodate each request. Users should keep in mind that Wyndah Brand Features are protected by applicable trademark, copyright and other intellectual property laws. Although we support and encourage ideas, services, tools and other creative works that use and supplement Yahoo Brand Features, we protect our reputation and brand identity

Therefore, where Wyndah expressly permits the use of particular Yahoo Brand Features, advance written permission is not necessary for such use. In all other cases, user must first contact Wyndah to obtain written permission. By using Wyndah Brand Features you agree to follow these guidelines and our Terms, and, in situations where permission is expressly granted, any terms associated with that permission. Wyndah reserves the right to cancel, modify, or change any permissive uses under this policy at any time at its sole discretion. Therefore, it is your responsibility to check the current policy at the time of intended use.

Generally, all intended users of Wyndah brand features must adhere to the restrictions below.

Do Not:

  Modify or alter Wyndah Brand Features in any way, such as changing the color or design of our logos, app icons, or screen shots.

  Incorporate Wyndah’s trademark or variants of Wyndah’s trademarks in domain names, social media accounts, corporate names, or app names, unless we have given express permission.

  Use Wyndah Brand Features in a way that suggests an affiliation, partnership, sponsorship or endorsement by or with Wyndah.

  Include Wyndah Brand Features in editorial content that suggests it’s been authored by, or represents the views or opinions of Wyndah or any Wyndah personnel or affiliate.

  Present Wyndah Brand Features in a manner that is misleading, defamatory, libelous, obscene, infringing or otherwise objectionable.

  Use Wyndah Brand Features on material that infringes the trademark, copyright or any other rights of any third party.

  Combine Wyndah Brand Features as part of a name of a product or service.

  Infringe, derogate, dilute, or impair the rights of Wyndah in the Wyndah Brand Features.

4. PRIVACY POLICY

Wyndah manages the information that We collect from you in accordance with all applicable privacy legislation in Australia. This Privacy Policy describes how Wyndah handles your personal information, and sets out the rights and obligations that both you and Wyndah have in relation to your personal information.

4.1 Age Restriction

Note that under Wyndah’s terms and conditions of use, you must not use the Site if you are under 13 years old. By using the Wyndah site or associated webpages and sites, you warrant that you are 13 years old.

4.2 Protecting and Maintaining Personal Information

Your account is protected by a password for your privacy and security. Although We will take all reasonable steps to protect the information, we hold about you from unauthorized access, use and disclosure, We cannot guarantee the absolute security of that information, or that our systems will be completely free from third party interception or are incorruptible from viruses.

We cannot and do not guarantee that information you send from your computer to us over the Internet will be protected by any form of encryption (encoding software). Accordingly, We cannot and do not ensure or warrant the security or privacy of your personal information, including payment and account details. You transmit your personal information to us at your own risk. You are entirely responsible for maintaining the security of your passwords and/or account information.

4.3 Collection and Use of Your Personal Information

Wyndah provides an innovative online service. Failure by you to provide information requested by us may mean that We are unable to provide some or all of our services to you.

We collect personal information when you register with us. This may include, but is not limited to, your name, address, phone number, academic courses you have completed, your grading in academic subjects, contact details, birth date, gender, credit card and account details, occupation and interests. We might also give you the option of providing a photo or video to be associated with your Wyndah user ID. If your personal details change, it is your responsibility to update your Wyndah account with those changes, so that We can keep our records complete, accurate and up to date.

You are not anonymous to us when you log into the Site or post any content (including tutoring offerings, home university, comments or feedback) on the Site or any associated forum. To enable us to improve our existing services and to create new service features, Wyndah may collect, and share with other users and service providers on Wyndah, information about the way you use our services, including (but not limited to) the transactions you enter into on the Site, your feedback rating (including any references requested using our ‘Reference’ feature), the bids you make, the comments you post, and the transactions you enter into with our valued affiliate service providers.

When you:

  use the Site to browse tutors, request a tutoring session, message other users, share photos with other users, participate in tutoring sessions or provide feedback on other users; or

  otherwise communicate in a public forum on the Site; your user ID and all the material that you post may be visible to other Wyndah users and also may be publicly available to other internet users. You are responsible to use caution and discretion when posting. Wyndah does not in any way control, and does not accept any responsibility or liability whatsoever for, the disclosure or use of personal information which is voluntarily posted by you in any publicly accessible area of the Site.
Wyndah may also receive and record information from your internet browser and computer, including IP addresses, cookies (see section 2 below), software and hardware attributes and your page requests
In addition to data collected from your submissions, we may also collect data on your internet behaviour from Facebook, other social media sites, and other services. If you use a location enabled Wyndah service, we may collect and process information about your actual location (for example, GPS signals sent by your mobile device). We may also use a range of different technologies to confirm your location. Wyndah may use the information collected by it to provide the Wyndah Services, including (but not limited to):

  identification and authentication;

  to protect Wyndah and the users of the Site;

  to customise the content and any advertising displayed on the Site;

  to provide, maintain, protect and improve our services;

  providing your information to a user with whom you have or had a contract facilitated by Wyndah;

  as required by law, order of a court, tribunal or regulator or if Wyndah reasonably believes that the use or disclosure of the information is reasonably necessary for enforcement related activities;

  Providing a list of user tutoring activities to a relevant third party such as a user’s university college

  to develop new service features;

  to ensure that Wyndah receives payment of the fees due to it;

  to contact you (for example, to inform you about upcoming changes or improvements to 7 our services)

  to conduct research;

  to permit content on the Site (such as postings or third-party advertisements) to be targeted, on an aggregate basis, to the users for whom it is most likely to be relevant;

  to expand our user base;

  to develop our relationships with affiliate service providers;

  to provide or arrange internal or external verification services obtained by you via the Site; and

  to generate data reports on an aggregated, non-personally identifiable basis, for both internal and third party use, but subject to any applicable laws (for example, We may show advertisers or investors trends relating to the general use of Wyndah’s services). Your contact information may also be used for accounting, invoicing and billing purposes, marketing purposes, by third party service providers to Wyndah, and to respond to any enquiry you make, in some cases information we collect is transferred overseas.

When you contact Wyndah, We may keep a record of the communication(s) between you and Wyndah to help resolve any issues you might have. If other user(s) of the Site already have your userID (or other information identifying you), and you have chosen to upload a photo or other personal information to your Wyndah account, We may show those user(s) that personal information

In certain circumstances We will use your email address to administer our User Agreement (for example, We may notify you of a breach, or action a request for a Take Down Notice in response to a claim of copyright infringement).

If We collect, use or disclose any information from you that is not personal information, but is sensitive information (such as information relating to police checks conducted on users of the Site), then We will seek consent directly from you each time we collect, use or disclose your sensitive information, including for direct marketing purposes. We will not use or disclose your sensitive information for any other purpose unless the purpose is directly related to the primary purpose for which your sensitive information was collected.

4.4 Cookies and Anonymous Identifiers

If you have registered on the Site then your computer or device may store an identifying cookie or anonymous identifier, which can save you time each time you re-visit the Site, by accessing your information when you sign-in to Wyndah.

Wyndah may use cookies and anonymous identifiers for a number of purposes including to access your information when you sign in, keep track of your preferences, direct specific content to you, report on Wyndah’s user base, and to improve Wyndah’s services. We may also use cookies or anonymous identifiers when you interact with our affiliate service providers (for example, when you integrate your Wyndah account with your Facebook profile).

You agree that if you change the settings on your internet browser to block or restrict cookies (including cookies associated with Wyndah’s services), or to indicate when a cookie is being set by Wyndah, the Wyndah Services may not work as intended. You should remember that, while you may still be able to use the Site if your cookies are disabled, our services may not function properly on your device and you may not be able to take advantage of certain Wyndah features

4.5 Third Parties

The Site may contain links to third party websites including the networks of our valued affiliate service providers, advertisers, Stripe and PayPal, or make available services obtained from third parties, including verification services by third party verification providers. If you follow a link to any of such websites or use any services obtained from third party service providers via the Site that requires you to provide personal information (including sensitive information if relevant) directly to such third parties (for instance third party verification providers), note that they have their own privacy policies. If you use our Site to link to another site, or use a service obtained from a third party service provider via the Site, you will be subject to that site’s or third party’s terms and conditions of use, privacy policy and security statement. We strongly encourage you to view these before disclosing any of your personal information on such sites. Wyndah does not control, and does not accept any responsibility or liability for, the privacy policy of, and use of personal information by, any party other than Wyndah, including any user of the Site, the operators of any website to which the Site links, or third party service providers to whom you directly provide your personal information (including sensitive information if relevant) to.

If Wyndah is involved in a merger, acquisition or asset sale, We will give affected users of the Site notice before their personal information is transferred to another entity or becomes subject to a different privacy policy.

Third-party vendors, including Google, may show Wyndah ads on sites across the Internet.

The Wyndah website and Mobile Apps may make use of the Google Maps API to assist with location based information. More information about the Google Maps API and the related privacy policy can be found here http://www.google.com/privacy.html

For the avoidance of doubt, if you use any verification services made available by Wyndah but performed by a third party verification provider, then any personal information (including sensitive information if relevant) that you provide as required by that third party in order to perform its verification services, will be collected directly by the relevant third party verification provider and may not be collected, handled, stored or otherwise used by Wyndah. Wyndah will only receive your verification status from the third-party verification provider (for example, ‘granted’ or ‘not granted’ or such other like status) in order to issue any relevant Verification on the Site. The use and handling of personal information (including sensitive information if relevant) remains the responsibility of the third-party verification provider under its own privacy policy.

4.6 Marketing

When you register on the site you may be given the opportunity to elect (“opt-in”) to receive updates on our latest services, news and special offers, and those of our valued affiliate service providers (“Marketing Material”), via your Wyndah account, personal e-mail address, post or telephone. If you conclude a transaction on the Site, you may also be given the opportunity to opt- in to receive Marketing Material from Wyndah and our valued affiliate service providers.

Once you opt-in to receive Marketing Material, you may, at any time, opt-out of receiving Marketing Material. To opt-out, go to your Account on the Site and update your preferences. You can also click on the “unsubscribe” link in any email containing Marketing Material that We send you, or you can request an opt-out by emailing Wyndah using the contact information provided on the Site. If you no longer consent to receiving Marketing Material then you must opt-out in one of these ways

Wyndah may contact you as the result of a referral by another user of the Site who has provided us with contact information, such as your name and email address. The use of contact information received in connection with a referral will be governed by this Privacy Policy. You may, at any time, opt-out of Wyndah’s referral system by emailing Wyndah using the contact information provided on the Site.

Wyndah may use Remarketing with Google Analytics or other similar systems to advertise online. Using the Ads Settings in a personal Google account, visitors can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads.

Marketing Wyndah and third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimise, and serve ads based on someone’s past visits to the Wyndah website. Using the Ads Settings in a personal Google account, visitors can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads.

4.7 Administrative Communications

Wyndah reserves the right to send you administrative and account-related messages that you may not opt-out of. To cease all communications to you from Wyndah you must close down your Wyndah account

4.8 Accessing Personal Information

We will allow you, at any time, to access, edit, update and/ or delete the personal information that We hold about you, unless:

  We are legally permitted or required to deny you access to, and/ or to retain, the information; or

  you make request(s) that are unreasonably repetitive, require Wyndah to make a disproportionate technical effort (for example, to develop an entirely new system), risk the privacy of others, or would be highly impractical to comply with. If you wish to access the personal information We hold about you, or to delete your Wyndah account, you should contact Wyndah.

We need to prevent information in our systems from being accidentally or maliciously destroyed. This means that, where you delete information from our services, residual copies of that information on our active servers, as well as any corresponding information on our back-up systems, may not be immediately deleted.

4.9 Privacy Concerns

If you have concerns about how We handle your personal information or require further information, please email Wyndah using the contact form provided on the Site. If you make a formal written complaint in relation to our compliance with this Privacy Policy, We will contact you to follow up on that complaint. Other than material that you voluntarily choose to post on the Site (such as Sender postings, bids and comments on other users), the only information about you that We will post publicly is your Wyndah public profile.

Wyndah may, from time to time, modify this Privacy Policy (and update the web page on which it is displayed). Wyndah will send notification of any such modification to your Wyndah account and/or your registered email address. You should check that account regularly.

Wyndah Pty Ltd, ACN 627 696 959. Updated April 2019.