SO Operating Co Pty Ltd (ABN 52 670 742 828) and its related entities (collectively “Student One”, ”we”, “us” and “our”) take the protection of your personal information very seriously.
Student One is committed to protecting the privacy of our customers. This Policy (“Policy”) sets out the basis on which Student One (“we”, “us”, or “our”) may collect, use, disclose, or otherwise process personal data of our customers in accordance with the Privacy Act 1988 (Cth) (“Privacy Act”), which includes the Australian Privacy Principles (“APPs”). This Policy applies to personal information in our possession or under our control, including personal information in the possession of organisations in which we have engaged to collect, use, disclose, or process personal information for our purposes.
This Policy also applies to the collection and processing of your personal information if you are an individual in a country that is a member of the European Economic Area (“EAA”) by or on behalf of Student One, to the extent the General Data Protection Regulations (EU) 2016/679 (“GDPR”) applies.
1. For the purposes of GDPR, we are a “data controller”, “joint controller” or “data processor” and we are responsible for, and control the processing of, your personal information.
2. In limited circumstances we may have obligations under the GDPR to the extent that we process personal data in relation to various “GDPR activities”. “Personal data” as defined under the GDPR may include a broader range of information than “personal information” as defined under the Privacy Act.
3. We are not subject to the GDPR in circumstances where the processing of personal data is not related to a “GDPR activity”, or where we do not otherwise have contractual obligations to a data controller with respect to compliance with the GDPR
(a) how and when we collect personal information and personal information;
(b) how we use and disclose personal information and personal information;
(c) how we keep personal information and personal data secure, accurate, and up-to-date;
(d)how you (as an individual) can access and correct your personal information and personal data; and
(e) how we will facilitate or resolve a privacy complaint.
Student One and its employees must comply with this Policy in the collection, use, or disclosure of personal information about individuals in accordance with applicable Australian privacy legislation.
4. Under the Privacy Act, personal information is defined to mean information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is recorded in material form or not.
5. Personal information may include sensitive information. Sensitive information is defined as information or an opinion about an individual’s race or ethnic origin, political opinions, membership of political, professional, or trade associations, religious or philosophical beliefs, sexual orientation or practices or criminal record, health information about an individual, genetic information about an individual that is not otherwise health information, biometric information that is used for the purpose of automated biometric verification or biometric identification and biometric templates.
6. Due to the services that we provide, the personal information which we may collect may include sensitive information.
7. As a student seeking accommodation with us, some examples of personal information which we may collect from you include:
(a) name, date of birth, contact number, email address, nationality, gender; and residential address (current and previous);
(b) identification documents, including driver’s license, passport details, and student identification;
(d) employment information;
(e) emergency contact details;
(f) audio and visual security footage; and
(g) any other information that you provide to us.
8. As an education agent seeking accommodation on behalf of a student, some examples of personal information which we may collect from you include:
(a) name, contact number, email address;
(b) agent code;
(c) company name;
(d) audio and visual security footage; and
(e) any other information that you provide to us.
9. When you successfully apply for accommodation with Student One, we may collect further information, including but not limited to financial details (bank account and credit card information) and health information (physical and mental health).
10. We will only collect personal information that is necessary to fulfill, or that is directly related to fulfilling a lawful purpose directly related to a function or activity of Student One.
COLLECTION, USE, AND DISCLOSURE OF PERSONAL INFORMATION
11. We collect personal information when you:
(a) visit our website;
(b) register or provide information through our website and by other electronic communication channels;
(c) register or provide personal information via third parties, such as our payment gateway service provider or an education agent;
(d) participate in a Student One LiveChat, message board, survey, or questionnaire;
(e) subscribe to our mailing list, sign up to receive our newsletters or other materials, including promotional materials;
(f) ask questions or request information about our services, offers, or features;
(g) make a complaint;
(h) request additional services;
(i) request or receive customer services or technical support;
(j) apply for employment with us (either personally or through an employment agency);
(k) are a nominated individual in a contract for the provision of services to us; and
(l) enter some public areas of our building where CCTV footage may be taken and stored in accordance with applicable laws.
12. We generally do not collect your personal data unless (a) it is provided to us voluntarily by you directly or via a third party who has been duly authorised by you to disclose your personal data to us (your “authorised representative”) after (i) you (or your authorised representative) have been notified of the purposes for which the data is collected, and (ii) you (or your authorised representative) have provided written consent to the collection and usage of your personal data for those purposes, or (b) collection and use of personal data without consent is permitted or required by the Privacy Act or other laws. We shall seek your consent before collecting any additional personal data and before using your personal data for a purpose that has not been notified to you (except where permitted or authorised by law).
13. We may collect and use your personal data for any or all of the following purposes:
(a) perform obligations in the course of or in connection with our provision of the services requested by you;
(b) verify your identity;
(c) respond to, handle, and process queries, requests, applications, complaints, and feedback from you;
(d) improve our services and internal processes;
(e) for reasonable business purposes, including customer service, record keeping, application processing, reference checking and financial matters;
(f) marketing and research and audit our internal operations;
(g) to send you occasional offers or information on services (current or new) or features, offers, promotions, contests or events that we consider may be of interest to you;
(h) to send you information or enhancements or functional changes to our website or policies, or other information about Student One;
(i) process payment or credit transactions;
(j) conduct debt recovery activities (including through a debt collection agency);
(k) transmit personal information to any unaffiliated third parties including our third-party service providers and agents, and relevant governmental and/or regulatory authorities, whether in Australia or abroad, for the aforementioned purposes;
(l) comply with any applicable laws, regulations, codes of practice, guidelines, or rules, or to assist in law enforcement and investigations conducted by any governmental and/or regulatory authority;
(m) any other purposes for which you have provided the information; and
(n) any other incidental business purposes related to or in connection with the above.
14. If we do not collect your personal information or the personal information provided to us is incomplete or inaccurate, we may not be able to provide you with the services that you have requested or any other services. If you provide us with endorsements or reviews, we may use these, including any visual images that you provide, to promote and advertise our business and services.
15. Given the nature of our business, we do require the collection of some sensitive information if you wish to use our services. However, we attempt to limit the collection of sensitive information we may collect from you and we do not collect sensitive information from you without your consent.
16. We will not disclose sensitive information unless we obtain your written consent or in circumstances permitted under Australian privacy laws or legislation.
17. Student One will not sell your personal information to a third party. We may disclose your personal information to a third party that helps provide services to you such as:
(a) Your authorised representative, education agent, parent, or guardian;
(b) where such disclosure is required for performing obligations in the course of or in connection with our provision of the services relevant to your accommodation with us, including our affiliates, including employees, agents, consultants, insurers, auditors, lawyers, and professional advisers;
(c) for marketing and advertising purposes or to provide you with information about services offered by us or other companies (excluding sensitive personal information);
(d) to third-party service providers, agents, and other organisations we have engaged to perform any of the day-to-day functions, internet services, billing providers, customer management, data storage, data processing, data analysis, document management, insurance, administration, sales and marketing, and system administration staff, and cleaning services;
(e) financial institutions for payment processing and billing activities;
(f) credit providers and agencies;
(g) debt collection agencies;
(h) to protect the safety and security of our premises, staff, customers, and website;
(i) to enable us to deal with any concern, issue, or complaint that you have raised with us, including disclosing details of any such matter to Student One’s related corporate bodies overseas, our professional advisors, insurers, and service providers;
(j) government agencies, regulatory authorities, or enforcement bodies (e.g. Australian Federal Police) where required or authorised by law;
(k) in the event of a merger, acquisition, or any other change in ownership of all or a portion of our business, your personal information may be transferred to the new owner so that the business can continue its operations; and
(l) any other third parties related to or in connection with the services provided above.
18. The purposes listed in the above clauses may continue to apply even in situations where your relationship with us (for example, pursuant to a contract) has been terminated or altered in any way, for a reasonable period thereafter (including, where applicable, a period to enable us to enforce our rights under a contract with you).
19. We will take all reasonable steps to ensure that personal information shared with Student One is protected against loss, unauthorised access, use, modification or disclosure, or any misuse in accordance with the Privacy Act.
20. Our Policy appears on our website (studentone.com) and we will also provide a copy of our Policy upon written request.
21. By using our website in any way or using any of the services that we provide, you give us consent to maintain, use and disclose your personal information in accordance with the Policy.
22. By using our website in any way or using any of the services that we provide, you give us consent to share direct marketing information with you via email or SMS. If at any time you do not wish to receive marketing or advertising communications from us, please contact us at firstname.lastname@example.org and we will remove your details from our marketing database.
23. We may collect or use your personal information, or disclose existing personal information for secondary purposes that differ from the primary purpose which it had originally been collected for. If at any time you do not wish us to disclose your personal information for primary or secondary purposes, please contact us at email@example.com.
24. This Policy may change from time to time so please check the Student One website (studentone.com) periodically to ensure that you are aware of our current Policy.
25. You may browse the Student One website, view content, and enjoy many features without providing any personal information. We do not require personal information for you to gain access to our website. However, you will not be able to utilise certain features that require registration, such as applying for accommodation, or receive materials such as newsletters, unless such information is provided. Further, our ability to meet our obligation to you or to process any application, request, or complaint may be adversely affected if you do not share the requested personal information, or the shared information is incomplete or inaccurate.
LINK TO OTHER WEBSITES AND SERVICES
26. Our site may be linked to other sites and services that are not maintained by Student One. These websites have their own privacy policies which you should review prior to visiting them. We have no responsibility for linked websites and provide these links solely for the convenience and information of our visitors.
27. This Policy does not apply to and does not govern the activities of other websites and services and to other advertisers or third parties.
29. Cookies on our website are used for a variety of different purposes. Generally speaking, their use breaks down into the following categories: (a) essential cookies provide the features necessary for our website to work properly; (b) functionality cookies improve the performance of our website and make it easier to use; (c) analytics/performance cookies allow us to count page visits and traffic sources so we can measure and improve the performance of our site; and (d) targeting cookies collect information about your browsing habits in order to make advertising relevant to you and your interests.
30. All popular internet web browsers (e.g., Chrome, Safari, Firefox, and Edge) allow you to block or delete cookies utilised by Student One and other websites. To learn more about your ability to manage your preferences related to cookies, please consult the privacy features in your browser. Please be aware that if you choose to block cookies, this will limit the services that we are able to provide to you and may impact your user experience. For further information about cookies, please see allaboutcookies.org.
31. Our server automatically records information that your browser sends when it connects to a website. The information provided may include your Internet Protocol (IP) address and your browser type and language. We may also collect information about your usage (for example, by way of cookies) including when you use our website, other sites that you access from our website, content upload and download, your usage of the services available on our website, and the other website users with which you connect through our website.
34. We may collect this information for statistical and consumer research purposes, including finding out how the website is used and navigated, the number of hits, the frequency and duration of visits, and the most popular session times. We use this information internally for the purposes of gauging visitor traffic, and trends and determining which information is the most relevant to you and to improve our website’s performance. We will also use the information necessary to investigate or report any suspected unlawful activity as required or permitted by law.
RELIANCE ON THE LEGITIMATE INTERESTS EXCEPTION
35. In compliance with the Policy, we may collect, use or disclose your personal information without your consent for the legitimate interests of Student One or another person. In relying on the legitimate interests exception of the Policy, Student One will assess the likely adverse effects on the individual and determine that the legitimate interests outweigh any adverse effect.
36. In line with the legitimate interests’ exception, we will collect, use or disclose your personal information for the following purposes:
(a) fraud detection and prevention;
(b) detection and prevention of misuse of services;
(c) network analysis to prevent fraud and financial crime, perform credit analysis; and
(d) collection and use of personal information on company-issued devices to prevent data loss.
37. The purposes listed in the above clause may continue to apply even in situations where your relationship with us (for example, pursuant to a contract) has been terminated or altered in any way, for a reasonable period thereafter.
WITHDRAWING YOUR CONSENT
38. The consent that you provide for the collection, use, and disclosure of your personal information will remain valid until such time it is withdrawn by you in writing. You may withdraw consent and request us to stop collecting, using, and/or disclosing your personal information for any or all of the purposes listed above by contacting us at firstname.lastname@example.org.
39. Upon receipt of your written request to withdraw your consent, we may require reasonable time (depending on the complexity of the request and its impact on our relationship with you) for your request to be processed and for us to notify you of the consequences of us acceding to the same, including any legal consequences which may affect your rights and liabilities to us. In general, we shall seek to process your request within thirty (30) business days of receiving it.
40. Whilst we respect your decision to withdraw your consent, please note that depending on the nature and scope of your request, we may not be in a position to continue providing our goods or services to you and we shall, in such circumstances, notify you before completing the processing of your request. Should you decide to cancel your withdrawal of consent, please inform us in writing at the following address: Student One, 363 Adelaide Street Brisbane, QLD 4000 Australia, or via email email@example.com.
41. Please note that withdrawing consent does not affect our right to continue to collect, use and disclose personal information where such collection, use, and disclosure without consent is permitted or required under applicable laws.
ACCESS TO AND CORRECTION OF PERSONAL INFORMATION
42. You have the right to access any personal information shared with Student One. We will comply with any request to access your personal information except where the Privacy Act or the APPs allow us to refuse to do so.
43. If you wish to make (a) an access request for access to a copy of the personal information which we hold about you or information about the ways in which we use or disclose your personal information, or (b) a correction request to correct or update any of your personal information which we hold about you; you may submit your request via email at firstname.lastname@example.org.
44. Please note that generally there is no fee for making a request to access your personal information. We may charge a reasonable fee for a usually complex request or if the request requires a detailed search of our records. If so, we will inform you of the fee before processing your request.
45. You have the right to request us to correct personal information about you that is inaccurate, incomplete, out of date, irrelevant or misleading; you may submit your request in writing or via email at email@example.com. If we refuse to correct your personal information as requested by you, we will notify you in writing, unless it would be unreasonable to do so.
46. You have the right to request us to delete personal information about you that is inaccurate, incomplete, out of date, irrelevant or misleading; you may submit your request in writing or via email at firstname.lastname@example.org. If we refuse to correct your personal information as requested by you, we will notify you in writing, unless it would be unreasonable to do so.
47. We will respond to your request as soon as reasonably possible. In general, our response will be within thirty (30) business days. Should we not be able to respond to your request within thirty (30) days of receiving your request, we will inform you in writing within thirty (30) days of the time by which we will be able to respond to your request. If we are unable to provide you with any personal information or to make a correction requested by you, we shall generally inform you of the reasons why we are unable to do so (except where we are not required to do so under the Policy). To access, correct, or delete the personal information we hold about you, contact us by writing to the following address: Student One, 363 Adelaide Street Brisbane, QLD 4000 Australia, or via email at email@example.com.
PROTECTION OF PERSONAL INFORMATION
48. Student One takes reasonable steps to protect your personal information from misuse, loss, unauthorised access, modification, or disclosure. We take reasonable technical and organisational steps to ensure the personal information we hold is: (a) accurate, complete, up to date, and not misleading; (b) stored in a secure environment; and (c) protected from misuse, interference, and loss and (d) protected from unauthorised access, modification or disclosure.
49. From time to time, we review our security procedures and update our technology and security methods. However, you should be aware, that no method of transmission over the Internet or method of electronic storage is completely secure. While security cannot be guaranteed, we strive to protect the security of your information and are constantly reviewing and enhancing our information security measures.
50. To safeguard your personal information from unauthorised access, collection, use, disclosure, copying, modification, disposal, or similar risks, we have introduced appropriate administrative, physical, and technical measures such as minimised collection of personal information, authentication, and access controls (such as good password practices, need-to-basis for data disclosure, etc.), encryption of data, data anonymisation, up-to-date antivirus protection, regular patching of operating system and other software, securely erase storage media in devices before disposal, web security measures against risks, usage of one-time password(otp)/2-factor authentication (2fa)/multi-factor authentication (mfa) to secure access, and security review and testing performed regularly.
51. Please contact us immediately via email at firstname.lastname@example.org if you believe that there has been unauthorised access or disclosure with respect to your personal information held by Student One.
ACCURACY OF PERSONAL INFORMATION
52. We generally rely on personal information provided by you (or your authorised representative). In order to ensure that your personal information is current, complete, and accurate, please update us if there are changes to your personal information by informing us via email at email@example.com.
RETENTION OF PERSONAL INFORMATION
53. We may retain your personal information for as long as it is necessary to fulfill the purpose for which it was collected, or as required or permitted by applicable laws.
54. We will cease to retain your personal information or remove the means by which the data can be associated with you, as soon as it is reasonable to assume that such retention no longer serves the purpose for which the personal information was collected, and is no longer necessary for legal or business purposes unless we are required by a court, tribunal, or any other law to retain the personal information.
55. We may use and disclose your de-identified personal information (information that no longer identifies you) for any purpose, including without limitation research, statistical analysis, product development, marketing and business planning, and any other commercial purpose. We undertake technical measures to ensure that the data cannot be associated with you.
TRANSFERS OF PERSONAL INFORMATION OUTSIDE OF AUSTRALIA
56. From time to time, we work with third parties, such as service providers or related corporate bodies that are located outside of Australia. As a result, we may need to disclose your personal information to a foreign country, including, but not limited to [China, Singapore, countries in the EU, UK, etc.]
57. If we need to disclose your personal information outside of Australia, we will take steps to ensure that your personal information continues to receive a standard of protection that is at least comparable to that provided under the Policy and the Privacy Act.
58. However, be aware that third parties outside of Australia that are in breach of the Privacy Act and the APPs will not be accountable under the Privacy Act, and the overseas third party may not be subject to privacy obligations or to any principles similar to the Privacy Act. Individuals may not be able to seek redress in some overseas jurisdictions and overseas third parties may be subject to a foreign law that could compel the disclosure of personal information to a third party, such as an overseas authority.
NOTIFIABLE DATA BREACHES
59. We will notify you and the Office of the Australian Information Commissioner about any data breach that is likely to result in serious harm to you unless an exception applies, for example, where we have already taken appropriate remedial action that removes the risk of serious harm to any individuals.
LIMITATION OF LIABILITY
60. We are not liable for any direct, indirect, incidental, special, punitive, or consequential liability, loss (including but not limited to loss of data, income, profit or opportunity, loss of or damage to property, and claims of third parties, death, personal injury or any loss, damage or expense) that you incur or suffer that arises out of your access to, use of or reliance on our website or our services or any of the content of the website or your inability to use it. This applies even if we have been informed that the liability, loss, damage, or expense will or may result.
61. To the extent permissible by law, we will not be liable to you or to any third party for any loss or damage, or claim arising from our collection and use of personal information in accordance with this Policy.
62. Where liability is not able to be excluded by law, our liability to you in any circumstances will be limited, at our choice, to the re-performance of any services that we have provided to you.
63. Nothing in this Policy affects your statutory rights, including those under the Competition and Consumer Act 2010 (Cth) (Competition and Consumer Act) and Privacy Act. To the extent of any inconsistency between this Policy and your statutory rights under the Competition and Consumer Act or Privacy Act, your statutory rights under the Competition and Consumer Act or Privacy Act (as the case may be) will apply.
64. This Policy does not create any rights or obligations that you can legally enforce beyond the rights and obligations provided by the Privacy Act or the APPs.
65. You may contact us if you have any inquiries or feedback on our personal information protection policies and procedures, or if you wish to make any request, in the following manner:
Name : Student One
Address : 363 Adelaide Street, Brisbane QLD 4000 Australia
Contact No. : +61 7 3085 3050
Email Address: firstname.lastname@example.org
66. If you make a complaint relating to privacy, we will do our best to ensure that an investigation is completed and a decision about your complaint is communicated to you within 30 days of our being advised of the complaint. We will inform you if we need additional time for the investigation. If you are dissatisfied with our response to any complaint you make, you may take your complaint to the Office of the Australian Information Commissioner:
Name : Office of the Australian Information Commissioner
Address : Post GPO Box 5288, Sydney NSE 2001 Australia
Fax : +61 2 9284 9666
Email Address: email@example.com
EFFECT OF NOTICE AND CHANGES TO NOTICE
67. This Policy applies in conjunction with any other notices, contractual clauses, and consent clauses that apply in relation to the collection, use, and disclosure of your personal information by us.
68. We may revise this Policy from time to time without any prior notice. You may determine if any such revision has taken place by referring to the date on which this Policy was last updated. Your continued use of the website or our services constitutes your acknowledgment and acceptance of such changes and you will be deemed to have consented to any amended versions of this Policy that is published on our website.
69. If you have any questions about our Policy, please email us at firstname.lastname@example.org.
70. Data Controller. Under the GDPR, Student One is considered a “data controller” in the provision of its student accommodation services to you, and as such determines the purposes and means for processing personal data. In its role as the “data controller”. Student One has implemented appropriate technical and organisational measures to ensure and to be able to demonstrate that processing is performed in accordance with the GDPR.
In addition to your rights of access and correction as set out above, as a data subject you may:
(a) (access) request access to your personal data held by Student One;
(b) (rectification) request to update or rectify any of the personal data that we hold about you by contacting us at the details specified above and request personal data updates;
(c) (erasure) withdraw your consent to Student One’s use of your personal data as described in this policy by deletion or erasure of your personal data that we hold where that data is no longer required for the purpose for which it was collected;
(d) (restriction on processing) obtain from Student One a restriction on the processing of your personal data where:
(1) accuracy of the personal data is contested;
(2) the processing by the controller is unlawful (and you oppose erasure but request restriction of use);
(3) Student One no longer needs your personal data; or
(4) you have objected to processing pursuant to your right to object under Article 21(1) of the GDPR;
(e) (data portability) request that Student One:
(1) provides you with a copy of the personal data that Student One holds about you in a portable, machine-readable form; or
(2) share your personal data with a nominated third party.
71. Exercising your data subject rights. If you wish to exercise any of your data subject rights, please email your request to email@example.com. We will process your request promptly and in any event, usually within 30 (thirty) days of receiving it.
72. Complaints. If you have any concerns in relation to Student One’s collection or processing of your personal data, then you also have a right to complain to the relevant supervisory authority (within the meaning of the GDPR), see https://edpb.europa.eu/about-edpb/board/members_en.
73. Consent, modifications, and updates. This Policy is a compliance document prescribed by law rather than a legal contract between two or more persons. However, certain contracts may incorporate all, or part, of this Policy into the terms of that contract.
In such instances, Student One may incorporate the terms of this policy such that:
(a) certain sections or paragraphs in this policy are incorporated into that contract, but in such a way that they do not give rise to contractual obligations onto Student One, but do create contractual obligations on the other party to the contract; and
(b) the consents provided in this policy become contractual terms provided by the other party to the contract.
(a) to provide the consent given by you in this Policy; and
(b) that you have been informed of all of the matters in this Policy.
75. Modifications and updates. We reserve the right to modify our Policy as our business needs require. We will take reasonable steps to notify you of such changes (whether by direct communication or by posting a notice on our website).
If you do not agree to our continued use of your personal information or personal data due to the changes in our Policy, please stop providing us with your personal information personal data, and contact us via email at firstname.lastname@example.org.
Effective date : 27/04/2023
Last updated : 27/04/2023