Date of Last Revision: 22 October 2020
- users of our websites, including www.acscaptions.com, postcapllc.comwww.ai-media.tv, www.ai-live.com, www.scribblr.ai, www.visibleclassroom.com, order.ai-media.tv (the “Websites”), our Community Platform web interface (the “Platform”), our “Visible Classroom” application (our “Application”), and our mobile apps (collectively, the “Services”) and other individuals who use our Services;
- our current, former, and prospective clients and business partners;
- attendees and participants at events that we host or sponsor;
- individuals in the context of shareholder communications and meetings, as well as associated corporate actions and regulatory matters;
- job applicants;
- contractors and agents; and
- other individuals that otherwise communicate or interact with us.
It does not apply to the personal information that we collect from our employees. Further, unless otherwise noted, it also does not apply to the customer content (including and personal information) that we collect, process or store on behalf of and pursuant to the instructions of our customers (the “Customer Content”). We are a data processor and service provider with respect to such Customer Content and will only process it on behalf of and subject to the instructions of our respective customers (the data controllers or businesses with respect to such content, under applicable privacy laws).
We are committed to protecting your privacy and ensuring that we comply with the provisions of the relevant legislation in the jurisdictions that we operate in to the extent that they apply to us, including the:
- Privacy Act 1988 (Cth) (Australia);
- Data Protection Act 2018 (United Kingdom) and General Data Protection Regulation (EU);
- The Personal Information Protection and Electronic Documents Act (Canada); and
- U.S. federal and state privacy laws, including the California Consumer Privacy Act (California).
Generally, you have no obligation to provide to us any personal information requested by us. However, if you choose to withhold requested personal information, we may not be able to provide you with Services requested or allow you to participate in our events or marketing activities that depend on the collection of that information.
1.2 Contact Us
- Australia: Level 1, 103 Miller Street, North Sydney, NSW 2060
- USA: Ai-Media Inc, 241 West Federal Street Youngstown OH 44503
- Canada: 3Suite 1302, 13th Floor, 134 Peter Street, Toronto ON M5V 2H2
- EEA/UK: See section 13 for the contact details for our UK office.
To report any cyber security incident or if you have any concerns regarding cyber security and Ai-Media, please write to us by email at [email protected]
2. Information We Collect
Generally, personal information is information or an opinion about an individual who is reasonably identifiable, as well as other information that is linked or reasonably linkable (whether directly or indirectly) to a particular individual or household. The types of personal information we collect about you depend on the circumstances in which the information is collected. In general, and as further described below, we may collect personal information directly from you, as well as from third parties. In addition, we may collect personal information automatically related to your use of our Services, and we may derive certain information about you based on your use of our Services or the other personal information we have collected about you.
For example, we collect personal information:
- directly from you when you provide it to us or our agents or contractors, or otherwise communicate with or interact with us;
- via our Websites and Services, or when you deal with us online (including through our social media pages);
- from publicly available sources (such as your personal data published on your company or organisation’s websites);
- from third parties (for example, from referees if you apply for a position as an employee or contractor with us); and
- from third party platforms (such as social media platforms that you interact with us through or comment about us on) and lead generation services.
2.1 Personal Information Collected from You
We (or our agents or providers acting on our behalf) may collect personal information from you directly, including:
- user names and contact details including name, email addresses, country location, phone number and addresses, date of birth/age. We may combine this with publicly available information (such as social media sites); and
- answers that you provide to questions asked, and other information, in your dealings with us including when emailing, telephoning or on chat transcripts between users and captioners.
If you apply for employment with us, we may also collect information about you for the purpose of considering your application including your qualifications and resume as well as reference information from your nominated referees.
If you are an individual contractor to us, we may also collect information relevant to your engagement with us including qualifications, work history, resume, reference information from your nominated referees, bank details, feedback from supervisors and training records.
We do not generally require you to disclose any sensitive information (e.g. details of race, religious belief, sexual orientation or membership of a trade union) to us. If you do provide us with sensitive information for any reason, you consent to us collecting that information and using and disclosing that information for the purpose for which you disclosed it to us and as permitted by the relevant law.
In addition to the types of personal information identified above, we may collect personal information as otherwise required by law.
2.2 Information We Collect Automatically or Derive About You
Cookies and Navigation Information. We may collect information automatically (via cookies, pixels and similar tools) related to your use the Services (some of which pay be considered personal information). For example, we may collect:
- information about your computer, mobile phone or device, such as your IP address, geographical location, browser type, referral source (i.e., the website that led you to our Services), app identifier, advertising ID, and other identifiers, browser type, device type, domain name;
- information about the links you click, pages you view or your other activities within the Services, including the dates and times you access our Services and the duration of your access; and
Generally, we use “cookies” or similar technologies to administer our websites, analyse trends, track users’ movements as you navigate around our websites, retarget ads to people who have visited our website and to gather demographic and general information about our user base.
Location Information. We may derive your location data based upon the IP address of the device you use to access the Services. With your permission, we may also collect device geolocation geolocation information if you use our mobile applications
Content and Metadata. We may collect and process audio content and video content, as well as associated metadata.
Other. We also may collect personal information about visitors to our offices and premises, for example, through CCTV and other physical security monitoring, and we also record customer service calls placed to us. In addition, we may derive certain insights about you based on the other personal information we have collected about you.
2.3 Information We Receive from Third Parties
We may receive personal information from our enterprise and institutional clients, regarding their authorised users, which generally includes name, contact details, title and role, and relevant professional information. In addition, if you interact with a reseller or distributor of our Services or purchase our Services through a reseller or distributor, we may receive information from that reseller or distributor associated with your interaction or purchase.
We also may enhance or update the personal information we have about you, with information obtained from data brokers, publicly available sources and social media platforms. We may collect device identifier and other information from third-party platforms and mobile applications that you use when accessing our Services. In addition, we may collect information about how individuals interact with us or comment about us or the Services through social media. If you take advantage of a third-party or affiliate offer through the Services, we may receive certain information from that third party about your interaction with them.
Lastly, if you are a job applicant or candidate, we may collect and receive your name, contact information, background and qualifications from recruiters and agencies that assist us in locating candidates. If you are a contract worker we may receive similar information from the companies or agencies who provide us with contract workers.
2.4 Visible Classroom Application
The Visible Classroom Application is a mobile app that may collect certain information from your mobile phone automatically, including, but not limited to, the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use the App. The Application does not collect precise information about the location of your mobile phone device.
3. Purposes of Collecting and Processing
The purposes for which we use and disclose your personal information will depend on the circumstances in which we collect it. In general, we collect, use and disclose your personal information so that we can do business with you and for purposes connected with our business operations, including the following business and commercial purposes:
- to respond to you if you have requested information (including via our websites or via an email or other correspondence you send to us);
- to provide goods or services to you or to receive goods or services from you;
- to contact you about any promotions, competitions or special offers about our services, or those of our business partners;
- to administer rewards, surveys, competitions or other promotional activities or events conducted, sponsored or managed by us or our business partners;
- to enable you to use our apps and other applications that you download;
- to improve our goods and services;
- to verify your identity, address and age or eligibility to participate in a marketing activity;
- to consider you for a position with us (whether as an employee or contractor) or in the context of other relationships with us;
- to address any issues or complaints that we or you have regarding our relationship;
- to contact you regarding the above, including via electronic messaging such as SMS and email, by mail, by phone or in any other lawful manner;
- improve your browsing experience by personalising our websites;
- to send information to you which we think may be of interest to you by post, email, or other means;
- in support of our internal business operations (such as relating to audits and assessments of our business operations, security controls, financial controls, and compliance with legal obligations, or otherwise relating to the administration of our general business, accounting, record keeping and legal functions);
- to comply with the law or legal proceedings, such as in response to subpoenas, court orders, and other lawful requests by regulators and law enforcement, including responding to national security or law enforcement disclosure requirements;
- to protect our business operations, secure our network and information technology, assets and services;
- to prevent and detect fraud, unauthorized activities, access and other misconduct;
- where we believe necessary to investigate, prevent or take action regarding suspected violations of our Terms and other agreements, as well as fraud, illegal activities and other situations involving potential threats to the rights or safety of any person or third party; and
- for other purposes to which you have consented or as may be authorised or required by law.
4. Disclosure of Personal Information
- our employees, and the related companies within our Group;
- our contractors and other third parties that provide goods and services to us (including website and data hosting providers, and other suppliers);
- our accountants, insurers, lawyers, auditors and other professional advisers and agents;
- third parties that assist us in giving you the services, for example in respect of our Visible Classroom Application we may disclose personal information to the “University of Melbourne” who provide us with a report of users in respect of their teaching/speaking, and third-parties like “TranscribeMe” that assist us with providing transcriptions of lessons;
- any third parties to whom you have directed or permitted us to disclose your personal information (e.g. referees);
- in the event that we or our assets may be acquired or considered for acquisition by a third party, that third party and its advisors, including related to due diligence conducted prior to such event where permitted by law;
- third parties that require the information for law enforcement or to prevent a serious threat to public safety;
- social media sites, like Facebook, Google, Snapchat or Twitter to show you relevant and “targeted advertising”. To do this, we securely match email addresses with the social media platform via our third-party processor, HubSpot. The email addresses are only decipherable by the social media company if the email address is linked to an account on their site. If you don’t want to see our targeted advertising, you can set ad preferences in your social media companies’ settings, or you can contact us, or depending on the circumstance you can change your cookie settings for our websites; and
- otherwise as permitted or required by law.
We also provide third parties with aggregate or de-identified information about our users, but this information will not be used to identify any individual user.
In respect of any personal information disclosed to third party contractors, we will take steps to ensure that those contractors are required to keep such information confidential and are authorized only to use personal information in order to provide the services or to perform the functions required by Ai-Media/ACS, or to provide services to you.
If you post information to public parts of our websites or to our social media pages, you acknowledge that such information (including your personal information) may be available to be viewed by the public. You should use discretion in deciding what information you upload to such sites.
5. Information About Children
However, in respect of our Visible Classroom Application we note that there is the potential for certain personal information (like the name of a student) to be disclosed in the audio recording of a class by a teacher. Our Visible Classroom Application and service is targeted to adults, not children. We do not market or advertise to children using any of the personal information that could potentially be included in an audio recording uploaded to us through the Visible Classroom App.
Users of the Visible Classroom Application must ensure that they obtain the consent of students (or their parent/guardian), or otherwise have a lawful basis, in respect of the potential disclosure to us and our affiliates, of student personal information. Generally, we will be able to process any student personal information either due to our legitimate interest to do so or consent of the student or their parent/guardian (as applicable).
6. How do we protect personal information?
We use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use or disclosure. For example, we have appropriate physical (such as restricting access to our offices) and computer and network security measures (such as firewalls) in order to protect your personal information from loss, misuse, alteration or destruction. We also limit access to information to authorised employees and contractors who need to know that information.
However, no Internet, email or other electronic transmission is ever fully secure or error free, so you should take special care in deciding what information you provide.
7. Direct Marketing and Unsubscribing
Ai-Media/ACS may use your personal information to market products and services to you or to inform you of any special offers, discounts or other information which are considered to be of interest to you. If you do not wish to receive future marketing, promotional or sales material from Ai-Media/ACS, you may use the unsubscribe link provided in contact information, or you may contact Ai-Media/ACS at any time by sending an email to [email protected] with the subject “Unsubscribe”. Ai-Media/ACS will, as soon as reasonably practicable after receiving your request, remove your contact details from its marketing database.
We might use information that we hold about you to show you relevant and “targeted advertising” through other companies’ sites, like Facebook, Google, Snapchat or Twitter for example. This could be showing you an Ai-Media/ACS advertising message. If you don’t want to see our targeted advertising, you can set ad preferences in your social media companies’ settings, or you can contact us, or depending on the circumstance you can change your cookie settings for our websites.
8. How can you access and correct personal information we hold about you?
You may seek access to personal information which we hold about you by contacting us. We will provide access to that information in accordance with the relevant law. If you become aware that any personal information we hold about you is incorrect or if you wish to update your information, please contact us.
If you provide us with your personal information, you have rights to:
- review the information that you have supplied to us;
- request that we correct any errors, outdated information, or omissions in user information that you have supplied to us;
- request that your information not be used to contact you;
- request that your information be removed from any solicitation list that we use; and
- request that your user information be deleted from our records.
9. Queries, comments and complaints about our handling of personal information
If you remain unsatisfied with our response to or assessment of your complaint, you can contact your local data protection supervisory authority to lodge a complaint or for further information.
- If you are in Australia this will be the Office of the Australian Information Commissioner contactable at www.oaic.gov.au.
- If you are in the UK, this will be the Information Commissioner’s Office, contactable at https://ico.org.uk/.
10. Does personal information leave Australia?
Personal information may be transferred outside of Australia to countries such as the USA, UK, Canada and Kenya. This personal information is transferred to external service providers located overseas so that they can provide us with services in connection with the operation of our business, such as data storage services or online platforms for surveys to be conducted. We may also disclose personal information to our contractors that provide captioning/stenography services who are located outside of Australia, in connection with the operation of our business or where our Australian company discloses personal information to its related companies located outside of Australia.
11. Data Retention Policy
We will keep your personal information for as long as it is required for its lawful purposes including for the duration of the relevant business or other relationship we have with you or where we need to retain it to protect ourselves against legal claims, use it for analysis or historical record-keeping.
12. Data Protection Act 2018 and General Data Protection Regulation (GDPR)
12.1 Lawful Basis
We will only collect, use and share your personal information where we are satisfied that we have an appropriate legal basis to do this. Our lawful basis for processing personal information includes:
- where we have your explicit consent;
- where the processing is necessary to perform a contract with you and to provide you with our services or take steps to enter into a contract at your request;
- that it is necessary for the purposes of our legitimate interests, which include conducting direct marketing and other business purposes set out in section 3, which we consider as being reasonably expected and not causing you unwarranted harm. In particular, for personal information that we may have obtained from public sources (such as your personal information published on your company or organisation’s websites) we process that personal information for our legitimate interests in direct marketing, which we would consider to be reasonably expected and not causing unwarranted harm; or
- to comply with our legal obligations.
Ai-Media/ACS may transfer personal information to countries or organisations outside of the European Economic Area and the UK, in the following circumstances:
- with members of the Ai-Media/ACS group of companies where such disclosure is necessary to provide you with our services or to manage our business under an intragroup data transfer agreement;
- to external service providers so that they can provide us with services in connection with the operation of our business, such as data storage services or online platforms for surveys to be conducted; and
- to our contractors that provide captioning/stenography service, in connection with the operation of our business.
Depending on the circumstances, such transfers may be made on the basis of ‘adequacy decisions’ in respect of Canada, where we have agreements in place with certain providers adopting standard data protection clauses (such as the Standard Contractual Clauses approved by the European Commission), or otherwise where we have your consent, it is necessary for us to perform a contract we have with you, or we have some other basis under the relevant provisions of the GPDR.
12.3 Your rights under the GDPR
If the processing of your personal information is subject to the GDPR, there are additional rights available to you. In some cases, the availability of these rights depends on the legal basis we rely on to process your information (see above), as well as the applicability of exemptions under EU Member State or UK law. The rights are as follows:
- to obtain a copy of your personal information together with information about how and on what basis that personal data is processed;
- to rectify inaccurate personal information (including the right to have incomplete personal data completed);
- to erase your personal information;
- to restrict processing of your personal information if you believe we have exceeded the legitimate basis for processing, processing is no longer necessary, or your personal information is inaccurate;
- to receive the personal information as data in machine-readable format when we justify our processing on the basis of your consent or the performance of a contract with you;
- to withdraw your consent to our processing of your personal information (where that processing is based on your consent);
- to object to the processing of your personal information (where we are doing so on the basis of legitimate interests) and an absolute otherwise to request that we stop direct marketing communications to you;
- to obtain, or see a copy of the appropriate safeguards under which your personal information is transferred to a third country or international organization; and
- to lodge a complaint with your local data protection authority.
In relation to all of these rights, please contact Ai-Media’s Data Protection Officer at [email protected] or write to Access Innovation Media UK Ltd at 51 Eastcheap WeWork The Monument London EC3M 1JP ATTN: Privacy Officer. Please note that we may request proof of identity, and we reserve the right to charge a fee where permitted by law, especially if your request is manifestly unfounded or excessive. We will endeavor to respond to your request within all applicable timeframes.
To learn more about your rights under GDPR, check out the European Commission’s page at https://ec.europa.eu/info/law/law-topic/data-protection_en
13. Additional Information for California Residents
In this section, we provide additional information to California residents about how we handle their personal information, as required under California privacy laws including the California Consumer Privacy Act (“CCPA”). This section does not address or apply to our handling of publicly available information lawfully made available by state or federal government records or other personal information that is exempt under the CCPA. Furthermore, this section also does not apply to our handling of Customer Content, as a data processor and service provider acting on behalf of our respective customers, who are the responsible ‘businesses’ for such Customer Content under the CCPA.
A. Categories of Personal Information Under the CCPA
While our collection, use and disclosure of personal information varies based upon our relationship and interactions with you, in this section we describe, generally, how we have collected and disclosed personal information about consumers in the prior 12 months (from the Last Updated date above).
Categories of Personal Information Collected and Disclosed. The table below identifies the categories of personal information (as defined by the CCPA) we have collected about consumers, as well as how we have disclosed such information for a business purpose. For more information about the business and commercial purposes for which we collect, use and disclose personal information, please see the Purposes of Collection and Processing and the Disclosure of Personal Information sections above.
|Personal Information Collected||May We Disclose this Information?||Categories of Third Parties to Whom We May Disclose this Information|
|Identifiers||Includes direct identifiers, such as name, alias user ID, username, account number or unique personal identifier; email address, phone number, address and other contact information; IP address and other online identifiers.||YES||
|Customer Records||Includes personal information, such as name, account name, user ID, contact information, education and employment information, payment information that individuals provide us in order to purchase or obtain our products and services.||YES||
|Commercial Information||Includes records of products or services purchased, obtained, or considered, or other purchasing or use histories or tendencies.||YES||
|Audio, Video and Electronic Data||Includes audio, electronic, visual, thermal, olfactory, or similar information such as photographs and images (e.g., that you provide us) and call recordings (e.g., of customer support calls).||YES||
|Usage Data||Includes browsing history, clickstream data, search history, access logs and other usage data and information regarding an individual’s interaction with our websites, mobile apps and other services, and our marketing emails and online ads.||YES||
|Geolocation Data||Includes precise location information about a particular individual or device.||YES||
|Professional information||Includes professional and employment-related information (such as current and former employer(s) and position(s), business contact information and professional memberships).||YES||
|Education Information||Information about an individual’s educational history (such as the schools attended, degrees you were awarded, and associated dates).||YES||
|Protected Classifications||Includes characteristics of protected classifications under applicable laws, such as disability information and health conditions (e.g., which we may collect in order to make available appropriate accommodations for events and other activities we host), and information we collect or receive from personnel as part of our diversity and inclusion program.||YES||
|Inferences||Includes inferences drawn from other personal information that we collect to create a profile reflecting an individual’s preferences, characteristics, predispositions, behavior, attitudes, intelligence, abilities or aptitudes. For example, we may create profiles of your likely interests so that we may send you more relevant marketing emails.||YES||
Do We “Sell” Personal Information? Under the CCPA, a “sale” includes disclosing or making available personal information to a third-party in exchange for monetary compensation or other benefits or value. While we do not disclose personal information to third parties in exchange for monetary compensation, we may disclose or make available certain categories of personal information to third parties in order to receive certain benefits or services, such as when we make browsing information available to third party ad companies (through third party tags on our Websites) in order to improve and measure our ad campaigns and reach users with more relevant ads and content. As defined by the CCPA, we may “sell” Usage Data and Identifiers to third party advertising networks, social networks and data analytics providers.
Sources of Personal Information. As further described in the Information We Collect section above, we may collect personal information from the following sources:
- directly from the individual
- through the Websites, Application and/or Services
- publicly available sources
- our enterprise customers
- our resellers and distributors
- service providers, agents and advisors
- our affiliates and subsidiaries
- internet service providers
- operating systems and platforms
- advertising networks
- social networks
- data analytics providers
B.California Residents’ Rights
CCPA Rights. With the exception of job applicants, contractors, employees and other personnel of Ai-Media/ACS, California residents generally have the following rights with respect to their personal information:
- Do-not-sell (opt-out): to opt-out of our sale of their personal information. We do not sell the personal information of anyone that we know to be under the age of 16 years old. California residents may opt out of sales of their personal information by us by using our preference manager (i.e., to opt out of “sales” via third party tags and cookies on our Websites.
- Right of deletion: to request deletion of their personal information that we have collected about them and to have such personal information deleted (without charge), subject to certain exceptions.
- Right to know: with respect to the personal information we have collected about them in the prior 12 months, to require that we disclose the following to them (up to twice per year and subject to certain exemptions):
- categories of personal information collected;
- categories of sources of personal information;
- categories of personal information about them we have disclosed for a business purpose or sold;
- categories of third parties to whom we have sold or disclosed for a business purpose their personal information;
- the business or commercial purposes for collecting or selling their personal information; and
- a copy of the specific pieces of personal information we have collected about them.
- Right to non-discrimination: the right not to be subject to discriminatory treatment for exercising their rights under the CCPA.
Submitting CCPA Requests to Know (Access) and Delete. California residents may submit CCPA requests to opt out of sales, requests to know (access) and requests to delete their personal information by emailing us at [email protected] In your email, please provide us with:
- Your full name
- Email address
- Company or university name (if you are an enterprise user)
- Ai-Media/ACS Services you use
- Your state/province and country
- A description of your request
When you submit a request to know or a request to delete, we will take steps to verify your request by matching the information provided by you with the information we have in our records. Please be sure to include the information listed above so that we are able to identify you in our records and verify your request. In some cases, we may request additional information in order to adequately verify your request or where otherwise necessary to process your request. For example, if you email your request to us from an email address other than your current registered emails address, we may require you to verify that you have access to the registered email address for you in our records. If we are unable to adequately verify your request, we will not be able to process it. Authorized agents may also initiate a request on behalf of another individual by emailing us at the above email address; authorized agents will be required to provide proof of their authorization and we may also require that the relevant consumer directly verify their identity and the authority of the authorized agent.
For more information about our privacy practices, you may contact us as set forth in section 1.2 above.