Does this Privacy Policy apply to you?
This Privacy Policy is provided to you in connection with your participation in an internal pilot program (the “Pilot”) of VIAUP Pty Ltd (a company within LevelUp group of companies (“LevelUp”)) of a newly developed immersive mobile application software titled “Level Up” (the “App”), that provides compact educational content designed to progress individual growth and make the experience of learning easier and quicker. As part of your participation in the Pilot, we will need to collect certain information about you. This Privacy Policy applies to you once you have downloaded a copy of the App onto your mobile telephone or handheld device or you have gained access to the App in any other way.
The App is aimed at employees, contractors or otherwise engaged members of staff at LevelUp, and it is your responsibility to ensure that you are within any of these categories before you install and/or access the App or any documents or information relating to the Pilot. We shall have no liability for any claim resulting from your non-compliance with this requirement.
We are committed to protecting your personal data and respecting your privacy. We act as a data controller and we are responsible for your personal data. We acknowledge our obligations to you as the recipient of our products and services (the “User”) to collect, manage, process and use personal information in accordance with the laws and regulations of each of the countries in which we operate.
Where the terms “LevelUp”, “we”, “us” and “our” are used throughout this Privacy Policy, they mean VIAUP Pty Ltd, an Australian company with registered number 624186296.
Scope of this Privacy Policy
This Privacy Policy explains the information we collect about you when you use the App, or related services, or otherwise interact with us in connection with the Pilot. This Privacy Policy also explains your choices surrounding how we use information about you, which include how you can object to certain uses of information about you and how you can access and update certain information about you.
The App is not intended for children and we do not knowingly collect data relating to children. Please read the following carefully to understand our practices regarding your personal data and how we will treat it.
Third party links
The website supporting the App (which can be accessed via https://levelupapp.com/) may, from time to time, contain links to and from the websites of our partner networks and affiliates. Please note that these websites and any services that may be accessible through them have their own privacy policies and that we do not accept any responsibility or liability for these policies or for any personal data that may be collected through these websites or services, such as your contact details and location data. Please check these policies before you submit any personal data to these websites or use these services.
What personal information we collect
We collect personal information including the name, email address, phone number, location data, country of residence, usage data and, where relevant, position title. From time to time we might also collect other information volunteered by Users (that is, entered on the App). The information forms part of a User’s profile, which is created when a User first opens an account with an email address and password and which forms the basis of the user’s LevelUp profile.
If you chose to connect your social media account we receive basic profile information from the connected social media. We combine this information with information we collect from you. This helps us to create a more personalized LevelUp experience for you.
We do not collect any special categories of personal data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
How and why we use the personal information we collect
We ordinarily ask for direct consent from Users to collect, process, manage, store and use personal information, as set out in this Privacy Policy. Your consent is usually provided by filling in forms on the App site, and includes information you provide when you register to use the App site, download or register the App, subscribe to any of our services, search for the App or service, share data via the App's social media functions, carry out other activities relating to the App and when you report a problem with an App or our services. If you contact us, we will keep a record of that correspondence.
When you visit the App site we may also collect personal data including device, content and usage data. We collect this data using cookies and other similar technologies.
Users ‘get in touch’ with us via the contact page on our website or directly to support@levelupapp.com, they will voluntarily provide the kind of information set out above.
Legal basis for collecting and processing personal information (EEA visitors only)
If you are a visitor or User from the European Economic Area (EEA), our legal basis for collecting and using the personal information described above will depend on the personal information concerned and the specific context in which we collect it. However, we will normally collect personal information from you only where we have your direct consent to do so, where we need the personal information to perform our services to you, or where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to collect personal information from you or may otherwise need the personal information to protect your vital interests or those of another person (e.g., other Users).
If we ask you to provide personal information to comply with a legal requirement or to provide our services to you, we will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not (as well as of the possible consequences if you do not provide your personal information).
Purposes for which we collect, store and use your personal data include:
| Purpose/activity | Type of data | Lawful basis for processing |
|---|---|---|
| To install the App and register you as an App user | Identity Contact Device | Your consent |
| To test the App and deliver services to you via the App | Identity Contact Device Location | Your consent Performance of services to you Necessary for our legitimate interests (to develop the App and our services and grow our business) |
| To manage our relationship with you including notifying you of changes to the App or any Services | Identity Contact Profile | Your consent Performance of services to you Necessary for our legitimate interests (to keep records updated and to analyse how customers use our products/ services) Necessary to comply with legal obligations (to inform you of any changes to our terms and conditions) |
| To administer and protect our business and this App including troubleshooting, data analysis and system testing | Identity Contact Device | Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security) |
| To deliver content to you To make recommendations to you about services which may interest you To measure and analyse the effectiveness of the App To monitor trends so we can improve the App | Identity Contact Device Content Profile Usage Location | Consent Necessary for our legitimate interests (to develop the App and our services and grow our business) |
When we rely on our legitimate interests as a lawful ground to process your personal information, we do so considering the potential impact on your privacy and we offer the right to object to or opt out from processing as described below in the “Accessing, updating and deleting personal information” section below.
To support the delivery of the App, we also engage and use sub-processors to certain User data. For our operations support, we use Amazon Web Services and Microsoft Azure and we use Pendo and Google Analytics for reporting and metrics data.
If you have questions about or need further information concerning the legal basis on which we collect and use your personal information, please contact us using support@levelupapp.com.
Users need to understand that their choice not to provide certain personal information, as described above, will limit or prevent their ability to access and use the App.
How long we hold personal information
We hold personal information only for so long as is necessary for the purposes set out above; in this, we are guided by our legal obligations and by other lawful legitimate business interests.
How long we keep the personal information we collect depends on the type of information, the purpose for which it is used, how sensitive it is, and similar factors. In general, we will retain your personal information for the length of time reasonably needed to fulfill the purposes outlined in this privacy policy, unless a longer retention period is required or permitted by law. We will also retain and use your information for as long as necessary to resolve disputes and/or enforce our rights and agreements. Aggregated information may be stored indefinitely.
Accessing, updating and deleting personal information
Under certain circumstances you have the following rights under data protection laws in relation to your personal data:
Users may withdraw their consent for us to hold any or all of their personal information by request to support@levelupapp.com and may unsubscribe to any or all emails through the automated facility sent with each email.
As mentioned above, these actions or requests will limit the ability of Users to access and use the App.
It may be the case that, for contractual or other lawful legitimate business purposes, we retain and use an archived version of Users’ personal information, which may be pseudonymised, anonymised or otherwise de-identified.
We have facilities in place to request our affiliates and other third parties, as necessary, to amend or delete personal information held on their systems.
International transfers
Personal information of Users is collected and stored in the United States, but it may be transferred across borders, including for contractual and other lawful legitimate business purposes or at the request of Users. Such international transfers are governed by internal controls and rules, consistent with this Privacy Policy and the relevant legislation and regulation.
For any international transfers within LevelUp and to and from affiliates and other third parties, LevelUp has in place enforceable agreements containing privacy and data protection obligations consistent with this Privacy Policy and the relevant legislation and regulation, including the GDPR.
LevelUp uses Amazon Web Services and Microsoft Azure in its operations and to process and transfer data and has Data Processing Agreements in place with them.
Complaints, inquiries and requests
As mentioned above, requests to access, update, restrict or delete personal information can be made to support@levelupapp.com.
LevelUp has appointed a specifically dedicated Privacy Officer, to whom other inquiries about our Privacy Policy and data protection practices and complaints can be made. The Privacy Officer can be reached by email at support@levelupapp.com. We will gladly provide the contact details of the relevant supervisory authorities within the countries in which we operate. We aim to respond to all requests, inquiries and complaints within 30 days.
Last updated: Oct 2023