1. Introduction and scope
1.1 This Privacy Policy is issued by PROVEN Training & Development Pty
Ltd (ACN 678 084 789, ABN 61 678 084 789), an Australian proprietary company
with its principal place of business in Western Australia (“PROVEN”,
“we”, “us” or
“our”).
1.2 This Policy applies to the PROVEN mobile application (the App)
and to the website at proventraining.au (the Site), together the
Services.
1.3 We handle Personal Information in accordance with the Privacy Act 1988
(Cth) (the Privacy Act) and the Australian Privacy Principles
(APPs) contained in Schedule 1 to that Act. Commercial electronic
messages are sent in accordance with the Spam Act 2003 (Cth).
1.4 By creating an account or otherwise using the Services, you acknowledge that
your Personal Information will be handled as described in this Policy.
2. Definitions
2.1 In this Policy, unless the context requires otherwise:
- Personal Information has the meaning given in section 6(1) of
the Privacy Act, being information or an opinion about an identified individual,
or an individual who is reasonably identifiable.
- Account Information means the information described in clause
3.1(a).
- User Content means Lift Records, Form Submissions,
photographs, comments and any other material you create, upload or submit through
the Services.
- Lift Record means a record of a lift created in the App,
including its particulars, associated steps, comments and photographs.
- Form Submission means the answers you enter into a fillable
form in the App and elect to save.
- Organisation means a company or other entity established within
the App, and Organisation Library means the collection of Lift
Records shared to that Organisation.
- Organisation Administrator means a user granted administrative
rights in respect of an Organisation.
- Service Provider means a third party engaged by us to perform a
function on our behalf, as listed in clause 8.
- Eligible Data Breach has the meaning given in Part IIIC of the
Privacy Act.
- Company Agreement means the PROVEN Company Agreement under which
an Organisation takes out a company account, and Agreement Record
means the record described in clause 3.1(h).
3. Personal Information we collect
3.1 We collect only such Personal Information as is reasonably necessary for the
functions and activities described in this Policy. Specifically, we collect:
- (a) Account Information — your name, your email address and a
password. Authentication is performed by our database Service Provider. Your
password is stored solely as a cryptographic hash and is not retrievable by any
person at PROVEN. We additionally record the membership tier applicable to your
account, and the dates on which you accepted the Safety Disclaimer and the Terms of
Use, together with the versions accepted, for the purpose of evidencing that
acceptance.
- (b) Training and progress data — the modules and lessons you
have completed, your quiz and practice-examination results, slides you have
flagged, guides you have starred, and calculations you have saved. This data
enables continuity of use between sessions and forms the basis of any completion
record.
- (c) Lift Records — the particulars you enter in respect of a
lift (including reference, site, job, load, crane, radius and dates), together
with any steps, comments and photographs you add. We also maintain a record of
edits and deletions made to a Lift Record, so that a shared record cannot be
altered without trace.
- (d) Form Submissions — the answers you enter, retained so that
they may be restored to a replacement or additional device.
- (e) Organisation membership data — where you join an
Organisation, we record the fact of membership, your role, the commencement and
expiry of your access, and a history of changes to that membership (including
joining, approval, change of role and cessation of access). That history is
retained deliberately, as the record of who held access at a given time.
- (f) Correspondence — support messages submitted through the
App, and the name, email address and message submitted through the contact form on
the Site. This information is used to respond to you and for no other purpose.
- (g) Subscription address — where you provide your email address
through the notification form on the Site, that address, used solely for the
purposes described in clause 5.
- (h) Agreement Records — where you accept or sign the Company
Agreement on behalf of an Organisation, on the Site or in the App, we record your
name, position, email address and PROVEN account, the Organisation, the date and
time, the version of the Company Agreement accepted, the method of acceptance and,
where you sign by drawing or typing your signature, an image of that
signature or the name typed. This record is kept as evidence that the
Company Agreement was accepted and by whom.
- (i) Account deletion requests — where you ask in the App for your
account to be deleted, the date of that request and the date on which deletion
falls due under clause 11.1(c).
4. Practices we do not engage in
4.1 For the avoidance of doubt, we do not:
- (a) display advertising in the App, or incorporate any
advertising software within it;
- (b) incorporate any third-party analytics, attribution or
tracking technology in the App; construct behavioural profiles of users; or track
users across other applications or websites;
- (c) sell, rent or trade Personal Information, or disclose it to
any third party for that party’s own marketing purposes;
- (d) request, collect or record device location data; or
- (e) purchase or rent contact lists. The only email addresses we
hold are those provided to us directly by the individual concerned.
5. Electronic messages
5.1 We send two categories of email, which are treated differently:
- (a) Transactional messages relating to your account, including
address confirmation, responses to support enquiries and notices material to your
access. These form part of the Services and, as they are not commercial electronic
messages for the purposes of the Spam Act, they cannot be unsubscribed from while
an account subsists.
- (b) Product update messages, sent only where you have provided
your address through the notification form on the Site or have otherwise consented
to receive them. These advise that the App has been released and, from time to
time, that a further release of significance has been made. They do not constitute
a newsletter and are not sent frequently.
5.2 Every message described in clause 5.1(b) contains a functional unsubscribe
facility, which takes effect upon a single action. You may alternatively withdraw your
consent by contacting us at the address in clause 16. We do not sell, rent or otherwise
disclose your address, and we do not acquire contact lists from third parties.
6. Photographs and image metadata
6.1 Photographs attached to a Lift Record are re-encoded on your device prior to
upload. That process removes the metadata embedded by the capturing device, including
GPS coordinates, device identifiers and timestamps. We receive the
image only, and not the location at which it was captured.
6.2 The App provides an obscuring (blur) tool enabling you to redact faces, names,
registration plates or other identifying features before a photograph is saved.
6.3 You are responsible for ensuring that you are permitted to capture and to share
any photograph you upload. Many sites impose their own restrictions on photography.
7. Disclosure and visibility of your information
7.1 Access to information within the Services is determined as follows:
- (a) User Content is private to you by default. Lift Records and
Form Submissions you save are visible to you alone unless and until you share
them.
- (b) Where you share a Lift Record with an Organisation Library,
the members of that Organisation may view it, together with your name recorded as
contributor. Sharing is voluntary and is exercised on a per-record basis.
- (c) An Organisation Administrator may view the membership of
that Organisation, each member’s role and access dates, the history of
membership changes, and the Lift Records shared to that Organisation Library. An
Organisation Administrator may not view your private Lift Records,
your Form Submissions or your training and progress data.
- (d) Personnel of PROVEN are able to access Organisation
Libraries. Such access is exercised solely for the purposes of operating,
supporting and administering the Services. We disclose this expressly rather than
leave it to be discovered.
- (e) Material downloaded for offline use bears your name and
email address as a visible watermark. Such material is licensed to you personally,
and the watermark is applied to discourage further distribution.
- (f) A copy of an Agreement Record, including any signature image,
is provided to the person who accepted the Company Agreement and to the
Organisation’s billing contact, and may be viewed by that Organisation’s
Organisation Administrators. It is not visible to other members of the
Organisation.
7.2 We do not otherwise disclose Personal Information, except where disclosure is
required or authorised by or under an Australian law or a court or tribunal order.
8. Service Providers
8.1 We engage a deliberately limited number of Service Providers, each performing
only the function identified:
- (a) Supabase — database, authentication and file storage
services. Account Information, User Content and Form Submissions are held on this
infrastructure.
- (b) Netlify — hosting of the Site and delivery of the forms
contained on it.
- (c) Apple — distribution of the App and, during testing,
distribution of pre-release versions via TestFlight. Where you have enabled
Apple’s own analytics or crash-reporting settings on your device, Apple may
provide us with crash diagnostics. That setting is controlled by you at the device
level and is not set or required by us.
- (d) Expo — delivery of application updates.
9. Cookies and website measurement
9.1 The Site sets no cookies. No consent mechanism is presented
because no consent is required.
9.2 The Site loads no resources from any third party. Fonts, images and stylesheets
are served from our own domain, with the consequence that visiting a page does not
disclose your visit to any third party. We do not identify visitors to the Site and we
do not measure traffic to it.
9.3 Clause 9.2 does not extend to any external hyperlink you elect to follow,
including the link to the Office of the Australian Information Commissioner in clause
16, which will take you to a third-party website governed by that party’s own
terms.
10. Location of data and cross-border disclosure
10.1 Personal Information is held by Supabase on cloud infrastructure located in
Sydney, Australia (the ap-southeast-2 region) and is not
stored outside Australia.
10.2 Certain ancillary services described in clause 8, including the delivery of
application updates and distribution through the App Store, are operated from outside
Australia. Where Personal Information is accessed from outside Australia, it continues
to be handled in accordance with this Policy.
11. Retention and destruction
11.1 We retain Personal Information only for so long as it is required, and destroy
it in accordance with the following:
- (a) Form Submissions. A deleted Form Submission is moved to a
recently-deleted state and remains recoverable for 30 days. Upon
expiry of that period it is permanently deleted and cannot be restored. This is
deliberate: an inadvertent deletion should not destroy a record, and a deletion
should ultimately be effective.
- (b) Organisation membership history is retained for so long as
the Organisation subsists, constituting the record of who held access and when.
- (c) Account Information, Lift Records and training data are
retained while your account subsists. Where you close your account, including by
using Delete my account in the App, or request its deletion, such
information is retained for a period of three months
and is then permanently deleted. That period operates as a safeguard against
inadvertent or reconsidered deletion. Following its expiry the information is
irrecoverable.
- (d) Subscription addresses are retained until you unsubscribe or
request removal, whereupon the address is deleted.
- (e) Agreement Records, including any signature image, are retained
for so long as the Organisation subsists and for seven years
afterwards, as evidence of the agreement, and are then permanently deleted. They are
not deleted earlier if the person who accepted leaves the Organisation or deletes
their own account.
12. Access, correction and erasure
12.1 In accordance with APP 12 and APP 13, you may request access to the Personal
Information we hold about you, request its correction, or request deletion of your
account and the information associated with it. Requests may be made to the address in
clause 16 and are actioned without charge.
12.2 Two limitations apply, and are stated plainly:
- (a) a Lift Record you have shared to an Organisation Library
forms part of that Organisation’s records and may be retained by it after
your membership ends, although we will remove your name from it upon request; and
- (b) Organisation membership history is retained for the reason
given in clause 11.1(b).
13. Security and data breach notification
13.1 Personal Information is transmitted in encrypted form, and the database
enforces per-user access controls such that one account cannot read the records of
another.
13.2 No system of security is infallible. In the event of an Eligible Data Breach
affecting you, we will notify you, and will do so promptly and in
accordance with Part IIIC of the Privacy Act.
14. Eligibility and intended users
14.1 You must be at least 16 years of age to hold a PROVEN account.
The Services are intended for persons working in, or preparing to work in, the lifting
industry. We do not knowingly collect Personal Information from any person under 16. If
you believe that a person under that age has created an account, please contact us and
the account will be removed.
14.2 Certain parts of the Services presuppose that the user holds a relevant
licence. The reference material, calculators and Lift Records are prepared for
certified riggers and crane operators and assume that training and competence.
Preparatory and learning material is provided for persons working towards a licence.
For the avoidance of doubt, use of the Services does not constitute a qualification,
and nothing within the Services authorises any person to carry out high risk work for
which they are not licensed and competent.
15. Amendments to this Policy
15.1 Where we change the manner in which Personal Information is handled, this page
will be updated and the date recorded at the head of this Policy amended accordingly.
Where a change is material, we will notify you within the App rather than rely upon
your re-reading of this page.
16. Complaints and contact
16.1 Enquiries, requests under clause 12 and privacy complaints may be directed to
info@proventraining.au. We would prefer to
hear from you first and to put the matter right.
16.2 If you are not satisfied with our handling of a privacy complaint, you may
refer the matter to the Office of the Australian Information Commissioner at
oaic.gov.au.