Tuto1 | About

Terms and conditions

About TUTO1

Welcome to TUTO1 -- Where Expert Help Meets Your DIY Needs!

At TUTO1, we believe that everyone should have access to expert guidance, whether you're tackling a home improvement project, learning a new skill, or seeking solutions to everyday problems. Our platform connects you with knowledgeable professionals who can provide real-time, personalized assistance through video calls, making it easier than ever to get the help you need.

Our Vision

Our vision is simple: to empower the world to continuously learn and develop new skills by allowing you to seize control of your own learning- move at your own pace, follow your own interest and apply learning to your environment. Essentially, we are providing you your very own expert and in turn start a journey of becoming experts yourself.

How It Works

1. Tell Us What You Want to Learn Share the skills you're interested in or the problems you need help solving. Whether it's home repairs, cooking tips, or tech support, we'll match you with the right expert.
2. Connect with Experts Engage with our experts through our Public Q&A and in-app messaging tool. Ask questions, get initial advice, and find out which expert is best suited to help you.
3. Book Your Expert Choose the expert who fits your needs and schedule a session that works for you. Our flexible booking system ensures that you get the support you need at your convenience.
4. Real-Time Video Calls Enjoy live, face-to-face video calls with your expert. Get step-by-step instructions, tailored advice, and solutions directly from the comfort of your home.

Why Choose TUTO1?

Expertise on Demand: Access a wide range of professionals with specialized knowledge in various fields.
Convenience: Get help whenever and wherever you need it with our easy-to-use app.
Cost-Effective: Choose from various pricing options that suit your budget and needs.
Personal Touch: Enjoy personalised support and advice tailored to your unique situation.

Join the TUTO1 Community

Whether you're a DIY enthusiast, a learner, or someone who values expert advice, TUTO1 is here to support you. Join our community today and discover how easy it is to get the help you need to turn your projects into successes.

Ready to get started? Visit TUTO1 app at app.tuto1.com and connect with experts who can help you make things happen!

Terms and conditions

1 Fees, payments and refunds 1.1 Fees

(a) The Rookie must pay the Lesson Fees to make a Booking.

(b) All payments shall be made via the Payment Gateway within Tuto1, or in such other manner as the Company may direct or agreed between the parties from time-to-time.

1.2 Currency All Lesson Fees are in the currency quoted on the Listing, or otherwise in US dollars.

1.3 GST Unless expressed otherwise, all Lesson Fees shall be deemed inclusive of GST. The Company and/or Expert will provide the Rookie with a Tax Invoice for any payments.

1.4 Refunds

(a) The Company shall only facilitate refunds of Lesson Fees where:

The Expert does not attend the Lesson; and/or
The Lesson is rescheduled, and the Expert is not available again for more than 30 days as per clause 1.7(c).

(b) No other refunds are provided except where required under law.

(c) For clarity, the Rookie must ensure it has a suitably stable and reliable internet connection to allow for video streaming, as no refunds are offered because the Rookie cannot participate in the Lesson due to internet or technical challenges at their end.

1.5 Transaction Fees

(a) The Expert agrees to pay the Company the Transaction Fee.

(b) The Expert authorises the Company to deduct the Transaction Fee from any Lesson Fees received by the Company.

(c) The Company shall issue the Expert a Tax Invoice for the Transaction Fee.

(d) The Transaction Fee is not refundable except where required under law.

Please refer to Terms of Service ' Fees, Payments and Refunds'. For further support, contact support@tuto1.com

Terms and conditions

INTRODUCTION

The Company provides the “Tuto1” online peer-to-peer learning platform. Use of Tuto1 is subject to these Terms of Service.

DEFINITIONS

The following terms are used regularly throughout these Terms of Service and have a particular meaning:

(a) ABN means Australian Business Number.

(b) Account means a registered account with Tuto1.

(c) Booking means a booking for a Lesson made via Tuto1.

(d) Business Day means a day (other than a Saturday, Sunday or public holiday) on which banks are open for general banking business in Melbourne, Australia.

(e) Company means Tuto1 Pty Ltd ABN 59 672 277 815.

(f) Corporations Act means the Corporations Act 2001 (Cth).

(g) Expert means a party that is registered with Tuto1 to make Listings and perform Lessons.**

(h) GST has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

(i) Intellectual Property means all copyright, patents, inventions, trade secrets, know- how, product formulations, designs, circuit layouts, databases, registered or unregistered trademarks, brand names, business names, domain names and other forms of intellectual property.

(j) Individual means a person with personal information about them in Tuto1.

(k) Lesson means an online lesson provided by an Expert for the Rookie via Tuto1.

(l) Lesson Fee means a Fee to make a Booking payable by the Rookie to the Expert via Tuto1.

(m) Lesson Guidelines means the Company’s policies and guidelines for participation in a Lesson as updated and notified to the User from time-to-time.**

(n) Lesson Requirements means the basic requirements to successfully participate in a Lesson, including:**

Working electronic device that is able to connect to the internet;
Ongoing access to steady internet connection;
Working microphone; and
Working webcam or camera.

(o) Listing means an Expert’s profile or listing page, offering Lessons within Tuto1.

(p) Mobile Application Marketplace means an online marketplace for access to the Platform and other applications for mobile devices, such as the App Store.

(q) Payment Gateway means Stripe or such other payment system the Company may adopt within Tuto1 from time-to-time.

(r ) Personal Information has the same meaning as in the Privacy Act.

(s) Privacy Act means the Privacy Act 1988 (Cth).

(t) Privacy Policy means the Company’s privacy policy as updated from time-to-time, published on the Site.

(u) Rookie means the person that makes a Booking and pays the Lesson Fee.

(v) Site means https://www.tuto1.com and any other URL where the Company makes Tuto1 available from time-to-time.**

(w) Stripe means the cloud payments platform accessible at https://www.stripe.com/.

(x) Tax Invoice has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

(y) Terms of Service means the terms and conditions of using Tuto1 as updated from time-to-time, published on the Site.

(z) Tuto1 means the “Tuto1” peer-to-peer learning platform accessible at the Site and/or Mobile Application Marketplace.

(aa) Transaction Fee means the percentage of the Lesson Fee (as notified by the Company from time-to-time) payable by the Expert to the Company as consideration for the Company making Tuto1 available to the Expert and facilitating Bookings.

(bb) User means any user of Tuto1, including Rookies, Experts and Rookies.**

1 USING TUTO1

1.1 General

(a) Tuto1 is a peer-to-peer learning platform connecting Experts and Rookies. For the avoidance of doubt, the Company does not provide education services or advice, and owes no User a duty of care for such.

(b) Any dispute between Users relative to a Lesson via Tuto 1 must be dealt with by the relevant Expert. In no event will the Company perform a dispute resolution service in the event of a dispute between Users.

(c) To access and use Tuto1, the User must log into Tuto1 and have set up their Account.

(d) The User agrees that all use of Tuto1 is subject to these Terms of Service.

(e) User must be over the age of 18 to use Tuto1 and enter into the agreement formed by these Terms of Service.

(f) The Company may suspend the Account or restrict the access of any User that breaches the terms of these Terms of Service.

1.2 Features

(a) Tuto1 may allow a Rookie to:

Browse, filter and search Listings;
Search availability and make Bookings;
Participate in Lessons;
Receive notifications; and
Such other features the Company may make available from time-to-time.

(b) Tuto1 may allow an Expert to:

Create and manage their Listing;
Set and manage availability for Bookings;
Receive notifications;
Receive payment of Lesson Fees; and
Such other features the Company may make available from time-to-time.

1.3 Listings

(a) An Expert shall be able to create a Listing via Tuto1.

(b) The Expert is responsible for ensuring the accuracy of all information described in a Listing.

(c) The Company makes no representation as to the accuracy of any information contained in a Listing.

(d) The Company may decline to publish or promote any Listing in its absolute discretion.

1.4 Making Bookings

(a) Tuto1 may allow:

The Expert to advertise Listings and accept Bookings; and
The Rookie to confirm a Booking by paying the Lesson Fee.

(b) A Booking is not confirmed until the Rookie completes payment of the Lesson Fee.

(c) Once the Rookie has paid the Lesson Fee, the Expert may request any additional Information, as may be necessary for the Expert to complete the Booking (such as preferred name for Rookies). Such Information shall be provided to the Expert.

(d) The Rookie is responsible for determining the appropriateness and suitability of any Expert prior to making a Booking.

(e) For clarity, the Rookie cannot be refunded the Lesson Fee or otherwise be reimbursed for any Booking because the Rookie does not like or approve of the particular Expert (in which case the Rookie should simply not make a Booking with that Expert in the future).

(f) The Expert appoints the Company as its exclusive agent for the purpose of collecting the Lesson Fee on its behalf, and for clarity, the Company accepts the Lesson Fee from the Rookie as the Expert’s payment agent and not as a supplier to the Rookie of the Lesson.

1.5 Attending Lesson

(a) The User must attend the online environment where the Lesson is to occur on time and ready to begin at the scheduled start time and must notify the Expert as soon as possible if they are going to be late.**

(b) Only the permitted number of Rookies shall be present at any given Lesson. For clarity, only one Rookie should be participating in a 1-on-1 type Lesson.

(c) The User must ensure that the Lesson Requirements are met for each Lesson.

(d) The User must adhere to the Lesson Guidelines for the duration of the Lesson.

1.6 Conduct The Rookie acknowledges and accepts that:**

(a) The Company accepts no responsibility for the conduct of any Expert on Tuto1;

(b) The Company accepts no responsibility for any interaction between Users, whether that interaction occurs via Tuto1 or not;

(c) The Company makes no warranty or representation as to the accuracy of any information provided by any Expert; and

(d) The Company makes no warranty as to the character or credentials of any Expert.

1.7 Rescheduling

(a) In order to reschedule a Booking, the Rookie must notify the Company and/or the Expert no less than 48 hours prior to the scheduled state time of the Lesson.

(b) If less than 48 hours’ notice is provided to reschedule a Booking, then the Expert reserves the right to request that the Rookie pay the Lesson Fee again to make a new Booking.

(c) The rescheduled times offered by the Rookie must be as soon as practicable after the time of the original Booking, and in any event no longer than 30 days.**

(d) The Company accepts no responsibility or liability for any Lesson that does not proceed by no fault of the Company.**

(e) For clarity, the Rookie my only reschedule and not cancel a Lesson.**

2 FEES, PAYMENTS AND REFUNDS

2.1 Fees

(a) The Rookie must pay the Lesson Fees to make a Booking.

(b) The Booking fee is set at $3.99 per transaction

(c) All payments shall be made via the Payment Gateway within Tuto1, or in such other manner as the Company may direct or agreed between the parties from time-to-time.

2.2 Currency

All Lesson Fees are in the currency quoted on the Listing, or otherwise in US dollars.

2.3 GST

Unless expressed otherwise, all Lesson Fees shall be deemed inclusive of GST. The Company and/or Expert will provide the Rookie with a Tax Invoice for any payments.

2.4 Refunds

(a) The Company shall only facilitate refunds of Lesson Fees where:

The Expert does not attend the Lesson; and/or
The Lesson is rescheduled, and the Expert is not available again formore than 30 days as per clause 1.7(c).

(b) No other refunds are provided except where required under law.

(c) For clarity, the Rookie must ensure it has a suitably stable and reliable internet connection to allow for video streaming, as no refunds are offered because the Rookie cannot participate in the Lesson due to internet or technical challenges at their end.

2.5 Transaction Fees

(a) The Expert agrees to pay the Company the Transaction Fee.

(b) The Transaction fee is set at 15% of the total Lesson Fee

(c) The Expert authorises the Company to deduct the Transaction Fee from any Lesson Fees received by the Company.

(d) The Company shall issue the Expert a Tax Invoice for the Transaction Fee.

(d) The Transaction Fee is not refundable except where required under law.

3 PERSONAL INFORMATION

3.1 The Rookie acknowledges and accepts:

(a) The Company may share the Information provided by the Rookie with the Expert as part of making a Booking; and

(b)) The Rookie must ensure that all Personal Information they enter into Tuto1 is true and accurate and agrees to update that information in order to ensure that it is current.

3.2 The Expert acknowledges and accepts:

(a) The Expert is solely responsible for ensuring that its use of Tuto1 and storage of Information provided by the Company is compliant with all relevant laws and/or any agreement with each Individual;

(b) It shall not disclose any Information about an Individual to any other person or party other than as authorised by the Individual; and

(c) It shall ensure all Information it has access to through its use of Tuto1 is kept and used in accordance with applicable privacy laws in the Expert’s jurisdiction.

4 GENERAL CONDITIONS

4.1 Licence

(a) By accepting the terms and conditions of these Terms of Service, the User is granted a limited, non-exclusive and revocable licence to access and use Tuto1 for the duration of these Terms of Service, in accordance with the terms and conditions of these Terms of Service.

(b) The Company may revoke or suspend the User’s licence(s) in its absolute discretion for any reason that it sees fit, including for breach of the terms and conditions in these Terms of Service by the User.

4.2 Modification of Terms

(a) The terms of these Terms of Service may be updated by the Company from time- to-time.

(b) Where the Company modifies the terms, it will provide the User with written notice, and the User will be required to accept the modified terms in order to continue using Tuto1.

4.3 Support

(a) The Company provides User support for Tuto1 via the email address support@tuto1.com.**

(b) The Company shall endeavour to respond to all support requests within 3 Business Days.**

4.4 Hosting & Improvements

(a) The User agrees and accepts that Tuto1 is:

Hosted by the Company and shall only be installed, accessed and maintained by the Company, accessed using the internet or other connection to the Company servers and is not available ‘locally’ from the User’s systems; and
Managed and supported exclusively by the Company from the Company’s servers and that no ‘back-end’ access to Tuto1 is available to the User unless expressly agreed in writing.

(b) As a hosted and managed service, the Company reserves the right to upgrade, maintain, tune, backup, amend, add or remove features, redesign, improve or otherwise alter Tuto1.

4.5 Third Party Dependencies

The User agrees and acknowledges that Tuto1 has third party dependencies which may affect its availability, including (without limitation) internet service providers and hosting services, and that the Company has no means of controlling the availability of such dependencies and shall not be liable for any interruptions to such.

4.6 Use & Availability

(a) The User agrees that it shall only use Tuto1 for legal purposes and shall not use it to engage in any conduct that is unlawful, immoral, threatening, abusive or in a way that is deemed unreasonable by the Company in its discretion.

(b) The User is solely responsible for the security of its username and password for access to Tuto1. The User shall notify the Company as soon as it becomes aware of any unauthorised access of its Tuto1 account.

(c) The User agrees that the Company shall provide access to Tuto1 to the best of its abilities, however:

Access to Tuto1 may be prevented by issues outside of its control; and
It accepts no responsibility for ongoing access to Tuto1.

4.7 Privacy

(a) The Company maintains the Privacy Policy in compliance with the provisions of the Privacy Act for data that it collects about the User and other Experts.

(b) The Privacy Policy does not apply to how the Expert handles personal information. If necessary under the Privacy Act, it is the Expert’s responsibility to meet the obligations of the Privacy Act by implementing a privacy policy in accordance with law.

(c) Tuto1 may use cookies (a small electronic tracking code) to improve a User’s experience while browsing, while also sending browsing information back to the Company. The User may manage how it handles cookies in its own browser settings.

4.8 Intellectual Property

(a) Trade marks. The Company has moral & registered rights in its trade marks and the User shall not copy, alter, use or otherwise deal in the marks without the prior written consent of the Company.

(b) Proprietary Information. The Company may use software and other proprietary systems and Intellectual Property for which the Company has appropriate authority to use, and the User agrees that such is protected by copyright, trademarks, patents, proprietary rights and other laws, both domestically and internationally. The User warrants that it shall not infringe on any third-party rights through the use of Tuto1.

(c) Tuto1 Platform. The User agrees and accepts that Tuto1 is the Intellectual Property of the Company and the User further warrants that by using Tuto1 the User will not:

Copy Tuto1 or the services that it provides for the User’s own commercial purposes; and
Directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, architecture, algorithms contained in Tuto1 or any documentation associated with it.

(d) Content. All content submitted to the Company, whether via Tuto1 or directly by other means, becomes and remains the Intellectual Property of the Company, including (without limitation) any source code, analytics, insights, ideas, enhancements, feature requests, suggestions or other information provided by the User or any other party with respect to Tuto1.

4/9 Liability & Indemnity

(a) The User agrees that it uses Tuto1 at its own risk.

(b) The User agrees to indemnify the Company for any loss, damage, cost or expense that the Company may suffer or incur as a result of or in connection with any breach by the User of these Terms of Service.

(c) In no circumstances will the Company be liable for any direct, incidental, consequential or indirect damages, damage to property, injury, illness, loss of property, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from the User’s access to, or use of, or inability to use Tuto1, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not the Company knew or should have known of the possibility of such damage, injury, illness or business interruption of any type, whether in tort, contract or otherwise.

(d) Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) or similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, the Company and the Company’s related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, the Company’s liability for breach of any implied warranty or condition that cannot be excluded is restricted, at the Company’s option to:

The re-supply of services or payment of the cost of re-supply of services; or
The replacement or repair of goods or payment of the cost of replacement or repair.

4.10 Termination

(a) Either party may terminate these Terms of Service at any time by giving the other party written notice.

(b) Termination of these Terms of Service is without prejudice to and does not affect the accrued rights or remedies of any of the parties arising in any way out of these Terms of Service up to the date of expiry or termination.

4.11 Electronic Communication & Notices

(a) The parties agree to be bound by these Terms of Service where the terms of these Terms of Service are accepted by the User electronically.

(b) The User can direct notices, enquiries, complaints and so forth to the Company as set out in these Terms of Service. The Company will notify the User of a change of details from time-to-time.

(c) The Company will send the User notices and other correspondence to the details that the User submits to the Company, or that the User notifies the Company of from time-to-time. It is the User’s responsibility to update its contact details as they change.

(d) A consent, notice or communication under these Terms of Service is effective if it is sent as an electronic communication unless required to be physically delivered under law.

(e) Notices must be sent to the parties’ most recent known contact details.

4.12 General

(a) Special Conditions. The parties may agree to any Special Conditions to these Terms of Service in writing.

(b) Assignment.

The User may not assign or otherwise create an interest in these Terms of Service.
The Company may assign or otherwise create an interest in its rights under these Terms of Service by giving written notice to the User.

(c) Prevalence. To the extent these Terms of Service is in conflict with, or inconsistent with any Special Conditions made under these Terms of Service, the terms of those Special Conditions shall prevail.

(d) Disclaimer. Each party acknowledges that it has not relied on any representation, warranty or statement made by any other party, other than as set out in these Terms of Service.

(e) Relationship. The relationship of the parties to these Terms of Service does not form a joint venture or partnership.

(f) Waiver. No clause of these Terms of Service will be deemed waived and no breach excused unless such waiver or consent is provided in writing.

(g) Further Assurances. Each party must do anything necessary (including executing agreements and documents) to give full effect to these Terms of Service and the transaction facilitated by it.**

(h) Governing Law. These Terms of Service is governed by the laws of Victoria, Australia. Each of the parties hereby submits to the exclusive jurisdiction of courts with jurisdiction there.**

(i) Severability. Any clause of these Terms of Service, which is invalid or unenforceable, is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of these Terms of Service.

Privacy Policy

TUTO1 PTY LTD

PRIVACY POLICY – JULY 2024

TUTO1 PTY LTD PRIVACY POLICY – JULY 2024

1 PURPOSE OF OUR POLICY

1.1 Tuto1 Pty Ltd, an Australian company (“Company”, “we”, “us” or “our”) provides the Tuto1 online peer-to-peer learning platform (“Services”).

1.2 We are committed to protecting Personal Information. This Privacy Policy ensures that we have clear standards and protocols in place to protect the Personal Information of our users.

1.3 Although we are an Australian company, we acknowledge that the Services are used around the world, and therefore this Privacy Policy follows the standards of:

(a) The Australian Privacy Principles set by the Australian Government for the handling of Personal Information under the Privacy Act 1988 (Cth) (“Privacy Act”);

(b) The Data Protection Principles set by the UK’s General Data Protection Act 2018 (“*UK GDPR”);

(c) The regulations and principles set by the European Union’s General Data Protection Regulation (“EU GDPR”) for the handling of Personal Data; and

(d) The California Consumer Privacy Act of 2018 (“CCPA”).

1.4 Together, the Privacy Act, UK GDPR, EU GDPR and CCPA are referred to as “Privacy Laws” in this Privacy Policy.

1.5 Despite clause 1.3 and 1.4 each of the Privacy Laws are only binding on the Company to the extent that they apply for the benefit of the residents of jurisdictions in which they are enacted. For example, the CCPA is only applicable to residents of California, in the USA.

1.6 By publishing this Privacy Policy, we aim to make it easy for our users and the public to understand what Personal Information we collect, why we do so, how we receive, obtain and/or use that information, and the rights of control an individual has with respect to their Personal Information in our possession.

2 WHO AND WHAT THIS POLICY APPLIES TO

2.1 Our Privacy Policy deals with how we handle “personal information” and “personal data” as it is defined in the Privacy Act, CCPA and the EU GDPR and UK GDPR respectively, which is referred to as “Personal Information” in this Privacy Policy.

2.2 We handle Personal Information in our own right and also for and on behalf of our experts, affiliates, partners and users in the course of allowing them to access the Services.**

2.3 Our Privacy Policy does not apply to information we collect about businesses or companies, however it does apply to information about the people in those businesses or companies.**

2.4 The Privacy Policy applies to all forms of information, physical and digital, whether collected electronically or in hardcopy.**

2.5 If, at any time, an individual provides Personal Information or other information about someone other than themselves, the individual warrants that they have that person’s consent to provide such information for the purpose specified.**

2.6 If we learn that Personal Information has been collected on the service from minors without verifiable parental or guardian consent, then we will take the appropriate steps to delete such information.**

3 THE INFORMATION WE COLLECT

3.1 Without limitation, information we may collect is necessary and incidental to:

(a) Providing the Services; and

(b) The normal day-to-day operations of our business.

3.2 The type of information we collect includes but is not limited to:

(a) Personal Information. We may collect personal details such as an individual’s name that allows us to:

identify the individual; and
provide the Services to the individual;

(b) Contact Information. We may collect information such as an individual’s email address, telephone number and other information that allows us to contact the individual;

(c) Wallet Addresses.** We may collect information regarding cryptocurrency wallets used by an individual to interact with the Service;

(d) Statistical Information. We may collect information about an individual’s online and offline activity, goals, and other information for statistical purposes; and

(e) Information an individual sends us. We may collect any personal correspondence that an individual sends us, or that is sent to us by others about the individual’s activities.

3.3 We may collect other ancillary Personal Information about an individual, which we will maintain in accordance with this Privacy Policy.

3.4 We may also collect non-Personal Information about an individual such as information regarding their computer, network and browser. Where non-Personal Information is collected the Privacy Laws do not apply.

4 HOW INFORMATION IS COLLECTED

4.1 Most information will be collected in association with an individual’s use of any of the Services, an enquiry about Services or generally dealing with us. In particular, information is likely to be collected as follows:

(a) Using our Services. Users will provide their Personal Information when using Services for the intended purposes of inclusive leadership training;

(b) Signups. When an individual signs up, creates an account or or other process whereby they enter Personal Information details in order to receive or access information or services from us;

(c) Supply. When an individual supplies us with goods or services;

(d) Contact. When an individual contacts us in any way;

(e) Access. When an individual accesses us physically we may require them to provide us with details for us to permit them such access. When an individual accesses us through the internet we may collect information using cookies (if relevant – an individual can adjust their browser’s setting to accept or reject cookies) or analytical services; and/or

(f) Pixel Tags. Pixel tags enable us to send email messages in a format customers can read and they tell us whether mail has been opened.

4.2 As there are many circumstances in which we may collect information both electronically and physically, we will endeavour to ensure that an individual is always aware of when their Personal Information is being collected.

4.3 Where we obtain Personal Information without an individual’s knowledge (such as by accidental acquisition from a user), we will either delete/destroy the information, or inform the individual that we hold such information, in accordance with the relevant Privacy Laws.

5 HOW PERSONAL INFORMATION IS USED AND DISCLOSED

5.1 In general, the primary principle is that we will not use any Personal Information other than for the purpose for which it was collected, or with the individual’s permission. The purpose of collection is determined by the circumstances in which the information was collected and/or submitted.

5.2 We will only process Personal Information when we can identify a lawful basis to do so. It is always our responsibility to ensure that we can demonstrate which lawful basis applies to the particular processing purpose.

5.3. The most common lawful bases relied upon are:

(a) Consent: we will only rely upon express, clear and informed consent. Any consent provided may specify and/or restrict the purpose and can be withdrawn at any time without penalty. We will keep a record of when and how we got consent from an individual.

(b) Legitimate interests: we will only rely upon an identifiable legitimate interest where we can demonstrate that the processing of Personal Information is necessary to achieve it by balancing it against the individual’s interests, rights and freedoms. We will keep a record of our legitimate interests’ assessments.

5.4 We will retain Personal Information for the period necessary to fulfil the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law.

5.5 If it is necessary for us to disclose an individual’s Personal Information to third parties in a manner compliant with the Privacy Laws in the course of our business, we will inform you that we intend to do so, or have done so, as soon as practical, if so required under the Privacy Laws.

5.6 Information is used to enable us to operate our business in conjunction with our affiliates and partners, especially as it relates to an individual. This may include:

(a) The provision of services between an individual and us, our affiliates and partners;

(b) Communicating with an individual about:

Their relationship with us;
Our goods and services;
Our own marketing and promotions to customers and prospects; and/or
Competitions, surveys and questionnaires;

(c) Investigating any complaints about or made by an individual, or if we have reason to suspect that an individual is in breach of any of our terms and conditions or that an individual is or has been otherwise engaged in any unlawful activity; and/or

(d) As required or permitted by any law (including the Privacy Laws).

5.7 The individual shall have the right to object at any time to the processing of their Personal Information for direct marketing purposes, which includes profiling to the extent that it is related to such direct marketing. If we receive such a request, we will stop the processing of Personal Information for direct marketing purposes immediately without charge or penalty.

5.8 There are some circumstances in which we must disclose an individual’s information:

(a) Where we reasonably believe that an individual may be engaged in fraudulent, deceptive or unlawful activity that a governmental authority should be made aware of;

(b) As required by any law (including the Privacy Laws); and/or

(c) In order to sell our business (in that we may need to transfer Personal Information to a new owner).

5.9 We will take reasonable steps to ensure that any disclosure to an entity outside of Australia will not be made until that entity has agreed in writing with us to safeguard Personal Information as we do.

5.10 We may utilise third-party service providers to communicate with an individual and to store contact details about an individual. These service providers may be located outside of Australia.

5.11 An individual who uses any Services may be sending information (including Personal Information) to overseas jurisdictions where our servers may be located from time-to- time. In such circumstances, that information may then be transferred within their resident jurisdiction or back out to other countries outside of the individual’s country of residence, depending on the type of information and how it is stored by us. These countries may not necessarily have data protection laws as comprehensive or protective as those in your country of residence, however our collection, storage and use of Personal Information will at all times continue to be governed by this Privacy Policy.

6 OPTING “IN” OR “OUT”

6.1 An individual may opt to not have us collect and/or process their Personal Information. This may prevent us from offering them some or all of our services and may terminate their access to some or all of the services they access with or through us. They will be aware of this when:

(a) Opt In. Where relevant, the individual will have the right to choose to have information collected and/or receive information from us (for clarity, consent must involve an unambiguous positive action to opt in); or

(b) Opt Out. Where relevant, the individual will have the right to choose to exclude himself or herself from some or all collection of information and/or receiving information from us.

6.2 If an individual believes that they have received information from us that they did not opt in or out to receive, they should contact us using the details as set out below.

7 THE SAFETY & SECURITY OF PERSONAL INFORMATION

7.1 We may appoint a data protection officer (“Privacy Officer”) to oversee the management of this Privacy Policy and compliance with the Privacy Laws. This officer may have other duties within our business and also be assisted by internal and external professionals and advisors.

7.1 We will take all reasonable precautions to protect an individual’s Personal Information from unauthorised access. This includes appropriately securing our physical facilities and electronic networks.

7.3 Each individual that provides information to us via the internet or by post does so at their own risk. We cannot accept responsibility for misuse or loss of, or unauthorised access to, Personal Information where the security of information is not within our control.

7.4 We are not responsible for the privacy or security practices of any third party (including third parties that we are permitted to disclose an individual’s Personal Information to in accordance with this policy or any applicable laws), unless otherwise required by the Privacy Laws. The collection and use of an individual’s information by such third parties may be subject to separate privacy and security policies.

7.5 If an individual suspects any misuse or loss of, or unauthorised access to, their Personal Information, they should let us know immediately.

7.6 We are not liable for any loss, damage or claim arising out of another person’s use of the Personal Information where we were authorised to provide that person with the Personal Information.

7.7 Where there is a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Personal Information, then:

(a) We will immediately establish the likelihood and severity of the resulting risk to wider rights and freedoms of natural persons;

(b) If we determine there is a risk from the security breach, then we will immediately notify the relevant supervisory authority and provide all relevant information on the particular breach, and by no later than 72 hours after having first become aware of the breach;

(c) If we determine there is a high risk from the security breach (a higher threshold than set for notifying supervisory authorities), we will immediately notify the affected individuals and provide all relevant information on the particular breach without undue delay.

7.8 We will document the facts relating to any security breach, its effects and the remedial action taken, and investigate the cause of the breach and how to prevent similar situations in the future.

8 HOW TO ACCESS, UPDATE, REMOVE AND DELETE INFORMATION

8.1 Subject to the Privacy Laws, an individual has the right to request from us the Personal Information that we have about them, and we have an obligation to provide them with such information as soon as practicable, and by no later than 28 days of receiving the written request. The individual is free to retain and reuse their Personal Information for their own purposes. We may be required to transmit the Personal Information directly to another organisation if this is technically feasible.

8.2 If an individual cannot update their own information, we will correct any errors in the Personal Information we hold about an individual within 28 days of receiving written notice from them about those errors, or two months where the request for rectification is complex.

8.3 It is an individual’s responsibility to provide us with accurate and truthful Personal Information. We cannot be liable for any information that is provided to us that is incorrect.

8.4 Where a request to access Personal Information is manifestly unfounded, excessive and/or repetitive, we may refuse to respond or charge an individual a reasonable fee for our costs incurred in meeting any of their requests to disclose the Personal Information we hold about them. Where we refuse to respond to a request, we will explain why to the individual, informing them of their right to complain to the supervisory authority and to a judicial remedy without undue delay and at the latest within 28 days.

8.5 In accordance with and subject to the Privacy Laws, individuals in certain jurisdictions may request that we delete all Personal Information we hold about an individual.

8.6 We may also be required to delete or remove all Personal Information we have on an individual upon request in the following circumstances:

(a) Where the Personal Information is no longer necessary in relation to the purpose for which it was originally collected and/or processed;

(b) When the individual objects to the processing and there is no overriding legitimate interest for continuing the processing;

(c) The processing of the Personal Information was otherwise in breach of the Privacy Laws;

(d) The Personal Information has to be erased in order to comply with a legal obligation; and/or

(e) The Personal Information is in relation to a child.

8.7 Without limitation, may refuse to delete or remove all Personal Information we have on an individual where the Personal Information was processed for the following reasons in accordance the Privacy Laws:

(a) To exercise the right of freedom of expression and information;

(b) To comply with a legal obligation for the performance of a public interest task or exercise of official authority.

(c) For public health purposes in the public interest;

(d) Archiving purposes in the public interest, scientific research historical research or statistical purposes; or

(e) The exercise or defence of legal claims.

9 COMPLAINTS AND DISPUTES

9.1 If an individual has a complaint about our handling of their Personal Information, they should address their complaint in writing to the details below.

9.2 If we have a dispute regarding an individual’s Personal Information, we both should first attempt to resolve the issue directly between us.

9.3 An individual may have the right to seek a judicial remedy where he or she considers that his or her rights under the Privacy Law have been infringed as a result of the processing of his or her Personal Information in non-compliance with the Privacy Law. Any proceedings should be commenced in Sydney, Australia, where we are established.

9.4 If we become aware of any unauthorised access to an individual’s Personal Information we will inform them at the earliest practical opportunity once we have established what was accessed and how it was accessed.

10 CONTACTING INDIVIDUALS

10.1 From time to time, we may send an individual important notices, such as changes to our terms, conditions and policies. Where such information is materially important to the individual’s interaction with us, they may not opt out of receiving these communications.

11 CONTACTING US

11.1 All correspondence with regards to privacy should be addressed to:

The Privacy Officer Tuto1 Pty Ltd support@tuto1.com

You may contact the Privacy Officer via email in the first instance.

12 ADDITIONS TO THIS POLICY

12.1 If we decide to change this Privacy Policy, we will post the changes on our website at https://www.tuto1.com. Please refer back to this Privacy Policy to review any amendments.

12.2 We may do things in addition to what is stated in this Privacy Policy to comply with the Privacy Laws, and no inclusion or omissions Privacy Policy shall deem us to have not complied with the Privacy Laws.