Privacy

 

Neutopia Privacy Policy

12 February 2020


Neutopia Privacy Policy applies to the Neutopia service available at www.neutopia.co neutopia.com.au and our other domains.

Capitalised Terms have the same meaning as set out in Neutopia’s Terms of Service and End User License Agreement. 

Neutopia is the data controller for the processing of personal data in relation to Content Managers and End Users Neutopia accounts. 

Each individual Channel Manager is the data controller for their End Users personal data and for any processing conducted in relation to the online courses provided by the Content Manager.

This Privacy Policy only concerns the processing for which Neutopia is a data controller. 

If you have any questions regarding processing for which the Content Manager  is data controller, please contact the relevant Content Manager or the related school or business.

Please read this Privacy Policy carefully prior to accessing or using our Services. If you have any questions, please contact us at support@Neutopia.co.

The Information Neutopia May Collect

Our primary purpose in collecting information from or about you is to provide you with the Neutopia experience. Neutopia collects information about you that Neutopia deems necessary to provide and improve its services.

Personal Information or Personal Data (“PII”): Neutopia may collect and process information that could be directly or indirectly associated with you; information such as your full name, company name where applicable, phone number, email address, billing or mailing address, credit/debit card information and other information that you share with Neutopia.  You can choose not to provide us with certain information, but that may result in you being unable to use certain features of our Services because such information may be required in order for you to register with us; pay for Services; participate in our or Content Manager’s services; ask a question; or initiate other communications or transactions on our website.

Payment Information: For the purposes of billing Neutopia fees we will request your credit card and certain contact information, such as a billing address. We retain credit card information internally for the purpose of all payment processing related to our Services.  The payment information is necessary in order for you to use our Services and failure to provide such information may result in you not being able to use our Services.

Third Party Payment Processors: Payments processed via payment gateways operated by third parties like Stripe are subject to the terms of use and privacy policies of those payment gateways and are not accessible or controlled by Neutopia. For payments processed via such third parties, Neutopia receives information related to the payment status of your account; this information includes such as your payment card type and last four digits, postal code, country of origin, payment expiration date, and any email address associated with the payment type.  For additional information, please review the payment processor’s Privacy Policy.

Information from Third Party Platforms: You may allow our Services to interact with one or more third party social networks or platforms, which will provide data about you to us (“Platform(s)”). The information you allow Neutopia to access varies by Platform, and it is affected by the privacy settings you and those that you are connected with establish while using such Platforms. 

Platforms are operated, controlled, and maintained by third parties that are not operated, controlled, or maintained by Neutopia.  For more information you can read the terms of use or service and privacy policies of those Platforms to understand how they collect and treat your data and what data they might share with us or other third parties.

Demographic and Usage Data: Neutopia may collect information through the use of cookies and other technologies such as beacons and other similar technology that can track your use of Neutopia services. Neutopia may set and access cookies and other technology on your computer or wireless device to track and store preferential information about you. We may gather anonymous information about our users on an individual and aggregate level. Such information is used within Neutopia internally and is shared with third party service providers and any advertisers. You may opt out of receiving cookies from our website by following the instructions in your web browser. Note, however, that deleting cookies or directing your browser to refuse them may limit your ability to use certain portions of our website that require cookies to function. Neutopia gathers identity and other information automatically and stores it in log files. This information may include Internet protocol (IP) addresses, browser type, operating system, and other usage information about the use of our website, including a history of the pages you view.

How We Use the Information We Collect

We will use your PII in accordance with applicable data protection legislation and this Privacy Policy for the following purposes and based on the following legal basis under the General Data Protection Regulation (2016/679/EU) (“GDPR”):

Purpose of the processing

Legal basis for the processing

To provide you access to our Services and communicate with you regarding Neutopia services.

To perform and improve our Neutopia Services as promised in our agreement with you.

To market and advertise our products and Services, including making recommendations about courses and other Services you may be interested in, conducting market research, surveys or competitions.

Balancing of interests where Neutopia has pursued the legitimate interest of performing and improving our service, interacting with our third party service providers and conducting marketing activities.

To prevent, detect, investigate and take measures against criminal activity, fraud and misuse of or damage to our Services or network and to take measures against other threats against Neutopia or a third party’s rights.

Legal basis for the processing: Balancing of interests where Neutopia has pursued the following legitimate interests: (a) Neutopia’s interest of investigating suspicion of and taking measures against misuse of or damage to our Services or network; (b) Neutopia and/or third party’s interest of investigating and producing evidence regarding criminal activity, fraud and other threats against its interest; and (c) Competent authority’s interest of conducting law enforcement activities and collecting evidence for such purposes.

To comply with applicable laws, regulations, court orders, government and law enforcement agencies’ requests.

Compliance with a legal obligation to which Neutopia is subject.

Disclosure of your PII

Neutopia provides to Content Managers  information about the End Users enrolled in their respective Courses to allow them to understand who is using their content and to improve their services.  Information we provide includes PII such as : (1) name, (2) email address, (3) IP address, and (4) other Neutopia activity about the End User. .

End Users assume full responsibility for the disclosure and use of any other PII the Student chooses to disclose to any Instructor or other users, which at all times shall be subject to the terms of this Privacy Policy.

Neutopia may also disclose any of your information, which in some cases includes PII, in the following situations:

  1. As reasonably required to provide our service.

  2. With your consent. Neutopia may transmit your PII to a third party when you give us permission to do so. For example, this may occur when Neutopia completes instructions (or a transaction) on your behalf or at your request.

  3. With our third party service providers. Neutopia may share your PII with our third party service providers that perform certain services and process PII on our behalf. These services may include providing customer service and marketing assistance, performing business and sales analysis, supporting our website functionality, and supporting contests, sweepstakes, surveys and other features offered through our website. These service providers may have access to PII needed to perform their functions but are not permitted to share or use such information for any other purposes.

  4. Payment providers and your bank. For the purpose of administering payments within our Services, Neutopia may disclose your PII to third party payment providers and your bank.

  5. With our business partners. When you make purchases, reservations or engage in promotions offered through our website, Neutopia may share PII with the businesses with which Neutopia partners to offer you those products, services, promotions, contests and/or sweepstakes. When you elect to engage in a particular merchant’s offer or program, you authorize us to provide your email address and other information to that merchant.

  6. In connection with a substantial corporate transaction, such as the sale of our business; a divestiture, merger, consolidation, or asset sale; or in the event of bankruptcy. If another company acquires Neutopia, that company will take on all responsibility for the information Neutopia collects, including PII, and it will assume all rights and obligations with respect to that information. Should this happen, the acquiring company may implement its own policies with respect to your information.

  7. If Neutopia is required to disclose information by law. Neutopia may be obligated to disclose a User’s personal information, if directed by a court of law or other governmental entity without notice to the user. Neutopia may also use and share Non-Personal Information Neutopia collects with third parties to develop and deliver targeted advertising on our website or applications of third parties, and to analyze and report on advertising you see. We may combine Non-Personal Information Neutopia collects with additional Non-Personal Information collected from other sources. We also may share aggregated, non-personal information with third parties, including advisors, advertisers and investors. For example, Neutopia may engage a third party acting on our behalf to collect web log data from you (including IP address and information about your browser or operating system) when you use our website and other websites you may access during your Internet browsing session, or place or recognize a unique cookie on your browser to enable you to receive customized advertisements or content. For more information regarding your choices about how third parties collect information about you on our website see the section titled Do-Not-Track Procedures below.

Please keep in mind that all of the information that you disclose or content that you post in your user profile, forum posts, comments, or other public portions of our website becomes public information. 

Data Retention

We will save your PII until the later of, 

(1) you elect to erase or delete your account, (2) period we require to retain your records to provide our service or enforce our rights (debt collection or other service related issue), (3) as required by law or legal processes.

Access to Your Information and other rights

You are, at any time you may request a copy of the PII that Neutopia holds about you and information about the processing thereof. Please note that Neutopia may charge a fee to recover its expenses to provide this data and we need to be able to confirm your identity in order to be able to respond to your request.

If you believe that any PII Neutopia is holding is incorrect or incomplete please send an email with your specific request to support@Neutopia.com. We will work with you to make any corrections deemed necessary. We may not accommodate a request to change information if Neutopia believes the change would violate any law or legal requirement or cause the information to be incorrect.

If you provide your email address to Neutopia, you will always have the opportunity to opt out of receiving email newsletters and promotions through the unsubscribe link in the email communications or by logging into and changing the preferences for your user account. We may send you other types of transactional and relationship email communications, such as service announcements, administrative notices, and surveys, without offering you the opportunity to opt out of receiving them. Please note that changing information in your account, or otherwise opting out of receipt of promotional email communications will only affect future activities or communications from us. If Neutopia has already provided your information to a third party (such as a credit card processing partner) before you changed your preferences or updated your information, you may have to change your preferences directly with that third party.

You have the right to object, on grounds relating to your particular situation, at any time to Neutopia’s processing of your PII if the processing is based on, for example, legitimate interests. If you object to such processing, Neutopia will no longer be entitled to process your PII based on such legal basis, unless Neutopia can demonstrate compelling legitimate grounds for the processing which overrides your interests, rights, and freedom or if it is conducted for the establishment, exercise, or defense of a legal claim.

You have, under certain conditions, the right to receive the PII concerning you and which you have provided to Neutopia, in a structured, commonly used and machine-readable format and have the right to transmit such PII to another data controller without Neutopia trying to prevent this, where Neutopia’s processing of your PII is based on a contract or consent and the processing is carried out by automated means. In such a case you have the right to request that the PII shall be transmitted from Neutopia directly to another data controller, where technically feasible.

You also have the right to withdraw your consent, if applicable. If you withdraw your consent, please note that this does not affect the lawfulness of the processing based on your consent before its withdrawal and that Neutopia may, under certain circumstances, have another legal ground for the processing and therefore may be entitled to continue the processing.

If you would like to exercise your rights, you may contact us on the contact details provided at the bottom of this Privacy Policy.

If you are unhappy with our processing of your PII or of an alleged infringement of the General Data Protection Regulation or other applicable data privacy laws, you may lodge a complaint with a competent supervisory authority, for example in the country of your habitual residence or place of work.

Our Policy Concerning Minors (Children under 18)

As stated in our Terms of Use, our website and Services are offered and available only to you if you are 18 years or older, or if younger than 18 have obtained the consent of a parent or legal guardian prior to accessing the website, registering an account, or using the Services. If you do not meet this eligibility requirement, you may not use our website or Services.  Neutopia does not knowingly collect or store any personal information from or about children under the age of 13. We will delete such information if Neutopia becomes aware that it has been submitted through our website. Parents or legal guardians who believe that Neutopia might have any information from or about a child under the age of 13 may submit a request to support@Neutopia.com and request that such information be removed.

Securing Your Information

Neutopia takes a range of security measures designed to protect your PII and keep it confidential (unless it is non-confidential by nature) and free from any unauthorized alteration. For example, only authorized staff are permitted to access personal information, and they may do so only for permitted business functions. 

Third Parties and Other Information Collectors

Except as otherwise expressly included in this Privacy Policy, this document only addresses the use and disclosure of information Neutopia collects from you. To the extent that you disclose your information to other parties through our website, whether between Instructor and Student or other Users or individuals, different rules may apply to their use, collection, and disclosure of the personal information you disclose to them. Since Neutopia does not control the information use, collection, or disclosure policies of third parties, you are subject to their privacy policies.

Our website may include links to third party websites. Once you have used these links to leave our website, you should note that Neutopia does not have any control over third party websites. We are not responsible for the content of such websites or the protection and privacy of any information which you provide while visiting such sites. Third-party websites are not governed by this Privacy Policy. You should exercise caution and look at the privacy policies applicable to the websites in question.

Do-Not-Track Procedures

Note that any Do-Not-Track instructions from your browser or similar mechanism will not affect our collection of the data that you voluntarily provide to Neutopia through such means as browsing our website, signing up for any of the Services or any Courses, entering PII into information fields on our website, or posting on any of our forums or blogs. Be advised that third parties are free to collect any information that you volunteer to Neutopia that is visible to the public. Therefore, please do not provide Neutopia with any information that you do not want collected.

California Civil Code Section 1798.83 Compliance

Under California law, upon request Neutopia is required to disclose to its California customers the identity of any third parties to whom Neutopia has disclosed PII within the previous calendar year, along with the type of PII disclosed, for the third parties’ direct marketing purposes. Please note that under California law, Neutopia is required to respond to a customer request once during any calendar year. 

If you are a California resident and would like to make such a request, email us at support@Neutopia.com.

Transfer of personal information to countries outside the EU/EES

Neutopia is incorporated and based in Australia.   Your PII is therefore transferred outside the European Union (“EU”) and European Economic Area (“EEA”). Such transfer is necessary for the performance of the contract between you and Neutopia (article 49.1 (b) of the GDPR).

The Content Managers and Schools may also be established in countries outside the EU/EEA. Such transfers are necessary for the performance of the contract between you and Neutopia (article 49.1 (b) of the GDPR).

Your PII is also transferred to and processed by third party payment providers (such as Stripe and Paypal) and your bank. Such transfers are necessary for performance of the contract between you and Neutopia (article 49.1 (b) of the GDPR).

Some of the third parties identified above may also be located outside the EU/EEA, in which case Neutopia will take all necessary steps required under applicable law in order for such transfer of information across borders to be compliant with applicable law. For example, in cases where there is no adequacy decision by the Commission, this may include the use of EU model clauses (under Article 46.2 of the GDPR) or ensuring that the recipient is certified under the US-EU Privacy Shield Framework (under Article 45 of the GDPR). You may receive a copy of the relevant safeguards by contacting Neutopia using the contact details set forth below in this Privacy Policy.

No Rights of Third Parties

This Privacy Policy does not create rights enforceable by third parties or require disclosure of any personal information relating to users of the website.

Changes to the Privacy Policy

We may review and update this Privacy Policy from time to time in our sole discretion. As such, your continued use of the Services after receipt of notification of changes to this Privacy Policy is deemed to be acceptance of those changes.

Contact Us

If you have questions or concerns regarding this Privacy Policy or Neutopia’s processing of your PII or if you would like to exercise your rights described in this Privacy Policy you may contact us at support@Neutopia.com.