TERMS OF USE AND PRIVACY POLICY

Terms of Use

Subject to any local laws that cannot be excluded, the law applicable to the use of the material on this website under the domain name “www.stayupright.com.au” (“Material”) and to disputes arising out of the Material, is the state of New South Wales, Australia.

Your use of this website is governed by these terms and the associated privacy policy set out below.

“We” or “Stay Upright” means Stay Upright Pty Ltd (ABN 41 002 099 069) and its directors and officers.

Aggregate Information

From time to time, we may collect general, non-personal, statistical information about the use of our websites, such as how many visitors visit a specific page on the website, how long they stay on that page and which hyperlinks, if any, they “click” on. We collect this information through the use of “cookies” and other tracking technologies, which are discussed in greater detail below. We collect this information in order to determine which areas of the website are most popular and to enhance the website for visitors. We may group this information into aggregate visitor data in order to describe the use of the website to our existing or potential business partners, sponsors, advertisers, or other third parties, or in response to a government request. However, please be assured that this aggregate data will in no way personally identify you or any other visitors to the website.

Anti-Spam Notice

Publication of electronic addresses on the website of Stay Upright is for the purpose of professional communication only and must not be used to infer consent to the receipt of unsolicited commercial electronic messages.

Material on this Site

Changes are made periodically to the Material, and Material could include technical inaccuracies or typographical errors. Stay Upright makes no warranties or representations regarding the quality, accuracy, completeness, merchantability or fitness for purpose of any Material. Stay Upright does not warrant or represent that the Material will not cause damage or is free from any computer virus of any other defects or errors. Stay Upright is not liable to users of the Material for any loss or damage however caused resulting from the use of the Material.

Links to Other Sites

Material may contain links to other sites. Stay Upright does not necessarily sponsor, endorse, or approve of any material on such sites or the operations of such sites.

Stay Upright makes no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any material on other websites to which Material is linked.

Limitations of Liability

Subject to any applicable law to the contrary which cannot be excluded, any liability incurred in relation to Material is limited to the resupply of the Material, or the reasonable cost of having the Material resupplied.

Under no circumstances will Stay Upright be liable for any incidental, special or consequential damages, including damages for loss of business or other profits arising in relation to the Material.

Copyright in Material on This Site

Unless otherwise expressly indicated in specific Material, copyright subsisting in Material is owned or licensed by Stay Upright. Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth) (or any other applicable legislation throughout the world), or as otherwise provided for in this copyright notice, no part of any Material may in any form or by any means (including electronic, mechanical, micro copying, photocopying or recording) be reproduced, adapted, stored in a retrieval system or transmitted without the prior written permission of the copyright owner. To make an inquiry, email privacyofficer@stayupright.com.au

Unless otherwise indicated, Stay Upright grants you permission to do the following with Material:

  1. a)    store a reproduction of Material on your local computer for the sole purpose of viewing the material
  2. b)    print hard copies of Material for informational, non-commercial use
  3. c)    reproduce or distribute any complete page of the Material so long as:
  4. you do not reproduce or distribute less than a complete page, or, where a document consists of more than one page, less than the complete document.
  5. this copyright notice appears in its entirety in each copy made or distributed, and

iii. the Material is appropriately attributed to Stay Upright.

The copyright owner reserves all other rights.

Copyright in Other Material

Stay Upright makes no warranties or representations that material on other websites to which Material is linked does not infringe the intellectual property rights of any person anywhere in the world.

Stay Upright is not, and must not be taken to be, authorising infringement of any intellectual property rights contained in material on other sites by linking Material to such material on other sites.

PRIVACY POLICY

Introduction

Stay Upright Pty Ltd (collectively,  “Stay Upright”, “we”, “us”), are committed to respecting your privacy. This document explains our policy for dealing with your personal information which:

  • you provide us through the website www.stayupright.com.au (“Website”) or any other form of communication with us (whether as a client, visitor to our Website, job applicant or other member of the public); and/or
  • we have collected from a third party or other source.

This Privacy Policy may change from time to time. Please check our Website for any changes before providing your personal information.

Application of Privacy Laws

Stay Upright is bound by the Privacy Act 1988 (Cth) including the Australian Privacy Principles (as amended or replaced from time to time) and other laws which protect privacy. Certain acts or practices of Stay Upright are exempt from these laws, for example in relation to:

  • employee records; and
  • communications between related bodies corporate (where the related bodies corporate are located in Australia).

This Privacy Policy applies only where the Australian Privacy Principles also apply and does not create obligations that otherwise would not apply (i.e., where an exemption applies).

What is Personal Information?

This Privacy Policy concerns any personal information or sensitive information about you which is provided to us.

Personal information is any 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. Examples of personal information include your name, address, telephone number and email address, or more complex information like a resume or information about your use of our services.

Sensitive information is a subset of personal information and is defined as information or an opinion about your racial or ethnic origin, political opinions, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual orientation or practices, criminal record, health information, genetic information, biometric information that is to be used for the purpose of automated biometric verification or biometric identification or biometric templates. We will take reasonable steps to ensure that we only collect sensitive information that is relevant for the required purpose of collection and does not unreasonably intrude on your personal affairs.

How does Stay Upright collect your Personal Information?

We collect personal information that is necessary for our business activities and in order to provide and develop our services. We may do this in a number of ways, including:

  • directly from you, when you provide it to us or our agents or contractors.
  • from publicly available resources.
  • by analysing our own records of your use of our services and Website.

For example, we may collect personal information:

  • when you request, or in the course of us providing, motorcycle training services or other associated services.
  • when considering requests for sponsorship.
  • when you seek employment with Stay Upright (e.g., via our vacancies page or on seek.com.au).
  • about your access and use of our Website, including through the use of Internet cookies; and
  • that you otherwise provide via www.stayupright.com.au (e.g., in an online profile, electronic form, email or survey).

The type of personal information we collect may include your name, professional and contact details, information relating to dealings with us or our clients, interests and preferences in relation to our services and, in the case of job applicants, information about your education and employment history.

We may also collect sensitive information about you, including health information.

If we are not provided with personal information that we request, we may not be able to meet your request, provide our services to you or, in the case of job applicants, consider your eligibility for employment with us.

Use of Personal Information

We may use the personal information we collect for a number of purposes connected with our business operations, including:

  • to verify your identity.
  • to contact you.
  • to meet your or your company’s requests.
  • to provide our services to you.
  • to obtain your products and services.
  • to assess your job application.
  • to maintain our relationships with you and others.
  • for analytics, market research and business development, including to operate and improve our Website, associated applications and associated social media platforms.
  • for advertising and marketing, including to send you promotional information about our products and services and information about third parties that we consider may be of interest to you.
  • for research, planning, service development, security or risk management; and
  • where a third party acquires or wishes to acquire, or makes inquiries in relation to acquiring, an interest in Stay Upright.

We may also use your personal information for employee recruitment and assessment purposes.

Your personal information may also be used by us for purposes related to those described above which would reasonably be expected by you, but we will not otherwise use your personal information unless you have consented (e.g., where you consent to receive marketing materials) or as required by or permitted by Australian law (including for public health reasons (e.g., contact tracing) or safety or law enforcement reasons).

Disclosure of Personal Information

We may share your personal information where required or permitted by Australian law. We may also share your personal information with third parties including:

  • our clients.
  • our correspondent offices overseas.
  • your employer or place of business; and
  • your professional advisers and organisations with whom we have co-promotional arrangements (and third parties used in administering those arrangements).

We may also share your personal information with our related companies, business partners and others engaged in providing us with services where reasonably required, including organisations that assist us by providing archival, auditing, professional advisory (including legal, accounting, financial and business consulting), mail house, delivery, technology, website, research, banking, payment, customer contact, data processing, insurance and security services.

If submitting an employment application, in certain circumstances you may be required to complete a pre-employment health questionnaire. You may also be asked to undergo a pre-employment medical assessment. In that case, Stay Upright will disclose your questionnaire to its service providers for the purposes of arranging the medical assessment and for the relevant service providers to disclose the results of the assessment to Stay Upright. Stay Upright may also disclose the information contained in your application to contracted service providers for purposes such as screening, aptitude testing, medical testing and human resource management activities.

We may also share your personal information with your listed emergency contact if we believe in good faith that the disclosure is required by law, is requested by law enforcement officials, or to protect the safety of you, other customers, employees or Stay Upright’s property. In the case of a medical emergency requiring treatment, we may also contact your emergency contact to let them know your whereabouts.

We may disclose your Personal Information to Roads and Maritime Services (RMS), VicRoads, Department of Transport & Main Roads, Roads & Traffic Authority (ACT) (collectively, “the Licensing Authorities”), to advise the Licensing Authorities that you have undertaken rider training and testing, and our observations and outcomes. The Licensing Authorities may use and disclose that Personal Information in connection with driver licensing and road safety purposes.

Accessing and Updating Personal Information

Individuals have a right to request access to, or correction of, their personal information. If you wish to seek access to or to request correction of any personal information we hold about you, please contact us using the ‘contact details’ set out below. We request that you provide us with as much detail as possible about the particular information sought, in order to help us retrieve it. A reasonable access fee may be charged to cover our costs of providing that information.

We take reasonable steps to make sure that the personal information we collect, hold, use and disclose is accurate, complete and up to date. To ensure your personal information held by us is accurate, if you become aware that such information is incorrect or out of date, please contact us to request that the information be updated.

Security of Personal Information

Irrespective of whether personal information is stored electronically or in hard copy form, we will take reasonable steps to protect the personal information we hold from misuse and loss and from unauthorised access, modification or disclosure. Please be aware that no internet communication is ever entirely secure or protected.

Examples of reasonable steps we take to protect the information we hold may include:

  • storing personal information in electronic format on secure servers or lockable cabinets if in hardcopy format.
  • restricting the number of employees internally who can access such personal information; and
  • employing password protection to electronic files containing personal information.

We will only retain your information as long as necessary for a permitted purpose, unless otherwise required by law.

Complaints

If you are concerned that we have not complied with your legal rights or applicable privacy laws, you may bring a complaint internally through our complaints process or you may decide to make a formal complaint with the Office of the Australian Information Commissioner (www.oaic.gov.au) (which is the regulator responsible for privacy in Australia).

We will deal with complaints as follows:

Step 1: Let us know
  • If you would like to make a complaint, you should let us know by contacting our Privacy Officer using the Contact Details set out below.
  • A response will be provided within a reasonable period.
Step 2: Investigation of complaint
  • Your complaint will be investigated by our Privacy Officer.
  • A response to your complaint will be provided in writing within a reasonable period.
Step 3: Contact OAIC

We expect our procedures will deal fairly and promptly with your complaint. However, if you remain dissatisfied, you can also contact the Office of the Australian Information Commissioner as follows:

Office of the Australian Information Commissioner (OAIC)
Complaints must be made in writing.
Phone: 1300 363 992

Address:

Director of Compliance
Office of the Australian
Information Commissioner
GPO Box 5218
Sydney NSW 2001
Website: www.oaic.gov.au

Our website and electronic communications

If you visit the Website to read, browse or download information, our system may record information such as the date and time of your visit to the Website, the pages accessed, and any information downloaded. This information is used for statistical, reporting and website administration and maintenance purposes only.

The Website may contain links to other third-party sites. We are not responsible for the privacy practices or policies of those sites – you should check their own privacy policies before providing your personal information.

Contact details

If you have any questions or feedback about privacy, or the way in which we handle your personal information (including whether and what type of health information we hold about you), you may contact us at:

Address:

Stay Upright Pty Ltd
Unit 1/ T1 Building
16 Lexington Drive
Baulkham Hills NSW 2153
Attn: Privacy Officer
Phone 02 8824 9980
Email: privacyofficer@stayupright.com.au

Last updated: 22 August 2019

COMPLAINTS HANDLING POLICY

Policy Purpose

Stay Upright seeks to maintain and enhance our reputation of providing you with high quality rider training services and related offerings. We are committed to being responsive to the needs and concerns of our customers or potential customers and resolving your complaint as quickly as possible.

This policy has been designed to provide guidance to both our customers and staff on the manner in which we receive and manage your complaint. We are committed to being consistent, fair and impartial when handling your complaint.

How a complaint can be made

If you are dissatisfied with a service provided by us, you should in the first instance consider speaking directly with the staff member/s you have been dealing with. If you are uncomfortable with this or consider the relevant staff member is unable to address your concerns you can lodge a complaint with us in one of the following ways:

The information you will need to tell us

When we are investigating your complaint, we will be relying on information provided by you and information we may already be holding. We may need to contact you to clarify details or request additional information where necessary. To help us investigate your complaint quickly and efficiently we will ask you for the following information:

  • Your name and contact details
  • The name of the person you have been dealing with about your service (e.g., the instructor, bookings officer or manager)
  • The nature of the complaint
  • Details of any steps you have already taken to resolve the complaint
  • Details of conversations you may have had with us that may be relevant to your complaint
  • Copies of any documentation which supports your complaint

Recording complaints

When taking a complaint, we will record your name and contact details. We will also record all details of your complaint including the facts and the cause/s of your complaint, the outcome and any actions taken following the investigation of your complaint. We will also record all dates and times relating to actions taken to resolve the complaint and communications between us.

As part of our on-going improvement plan, complaints will be monitored for any identifying trends by management and rectification/remedial action taken to mitigate any identified issues.

If you lodge a complaint we will record your personal information solely for the purposes of addressing your complaint. Your personal details will actively be protected from disclosure, unless you expressly consent to its disclosure.

Feedback to customers

We are committed to resolving your issues at the first point of contact; however, this will not be possible in all circumstances, in which case a more formal complaints process will be followed. We will acknowledge receipt of your complaint within 5 business days, and keep you informed of the progress of your complaint throughout our complaint resolution process.

We are committed to resolving your complaint within 15 business days of you lodging your complaint, however, this may not always be possible on every occasion. Where we have been unable to resolve your complaint within 15 business days, we will inform you of the reason for the delay and specify a date when we will be in a position to finalise your complaint.

Once we have finalised your complaint, we will advise you of our findings and any action we have taken. We will do this in writing, unless it has been mutually agreed that we can provide it to you verbally. Where appropriate, we will amend our business practices or policies.

When you complain about one of our employees

If you complain about a member of our staff, we will treat your complaint confidentially, impartially and equally (giving equal treatment to all people). We will investigate your complaint thoroughly by finding out the relevant facts, speaking with the relevant people and verifying explanations where possible.

We will also treat our staff member objectively by informing them of any complaint about their performance, providing them with an opportunity to explain the circumstances, providing them with appropriate support and updating them on the complaint investigation and the result.

Complaints under investigation by a regulator or law enforcement agency

If your complaint is currently being investigated by a relevant federal, state or territory consumer protection regulator or law enforcement agency we may cease to take further action in relation to your complaint pending finalisation of their investigation. We will assist any agency with their investigations.

Our complaint escalation process

Where possible, we will attempt to resolve your complaint at the first point of contact. If we are unable to resolve your complaint at the first point of contact, we will undertake an investigation of your complaint and provide you with our findings.

If you are satisfied with our proposed decision or actions, we will close your complaint and record the findings for our continuous improvement program. However, if you are not satisfied with our proposed decision or actions, we will record this, and provide you with information on how to escalate your complaint to the relevant federal, state or territory consumer protection agency.

Your rights under Australian Consumer Law

You reserve the right to refer your complaint to your relevant federal, state or territory consumer protection agency at any time.