Last updated: 22/10/2020
We are committed to protecting the privacy of those who use our website, applications and associated services and others who we interact with (together our Services).
Please take a moment to read this notice so you understand how we collect, process, use, dispose and protect information that relates to an identified or identifiable individual across our Services (Personal Information). If you can’t be identified (for example, when Personal Information is aggregated and anonymised) then the information or data is not Personal Information and this notice doesn’t apply.
From time to time we may make changes to this notice (for example, to reflect any changes in our Service or any Data Protection Laws). Where a change is significant, we’ll make sure we let you know – usually by displaying a notice in our Services or by sending you an email.
1. WHO ARE WE?
1.1 When we refer to we, us or our, that means WuKong International (Hong Kong) Limited (3006475,Address: Room 2609, China Resources Building, 26 Harbour Road,Wanchai, Hong Kong). We are the providers of a Chinese language e-learning service.
1.2 Our headquarters are in New Zealand, and our contact details are set out below:
Level 3, Building 4 CANDIDA Office Park, 49 Parkway Drive, Rosedale, Auckland
2. HOW WE COLLECT YOUR PERSONAL INFORMATION
2.1 When you visit or use our Services, we collect Personal Information broadly as set out below:
Information you (or your Guardian) provide to us directly
2.1 When you (or your Guardian) visit or use some parts of our Services we may ask you to provide Personal Information to us. For example:
2.1.1 we ask for identity and contact information when you (or your Guardian) sign up to our Services, sign up to our marketing emails, join us on social media, contact us with questions or request support; and
2.1.2 we ask for your age, level of Chinese language knowledge, and your Guardian’s identity and contact information when you (or your Guardian) sign up to our Services.
2.3 If you don’t want to provide us with Personal Information, you don’t have to, but it might mean you can’t use some parts of our Services.
2.4 Please note that you may contact us using SMS, and standard message rates will apply when sending text messages to our short code service.
2.5 If you provide us with the Personal Information of another person, including a Child, then you are responsible for making sure you have obtained all necessary permissions for us to collect and process the Personal Information of that other person (which may include being a Guardian of the Child).
Information Advisors provide to us
2.6 Each student user of our Services is allocated to a dedicated Advisor.
2.7 We collect information about your use of the Advisor’s teaching services and any notes that your Advisor records you, including your goals and learning progress and other information uploaded to the Services about you by the Advisor.
Personal Information we collect automatically
2.8 When you visit or use our Services we may automatically collect information about you, like your IP address and device type.
2.9 We also collect information when you navigate through our Services, including what pages you looked at and what links you clicked on. This information is useful for us as it helps us get a better understanding of how you’re using our Services (so that we can continue to provide the best experience possible).
3. HOW WE USE YOUR PERSONAL INFORMATION
3.1 We use your Personal Information to operate and provide you with any Services that you or your Guardian have requested, and to manage our relationship with you. We also use your Personal Information for other purposes, which may include the following:
To communicate with you
3.2 This may include:
3.2.1 providing you with information you’ve requested from us (like education materials and access to an Advisor) or information we are required to send to you;
3.2.2 information about changes to our Services, or assistance with using our Services;
3.2.3 marketing communications (in accordance with your marketing preferences); and
3.2.4 asking you for feedback or to take part in any customer research (which we may engage a third party to assist with).
3.3 You have the option to opt-out of receiving marketing communications from us by clicking on the “unsubscribe” link in any email communications that we might send you.
To support you
3.4 This may include assisting with technical issues or other issues relating to our Services, whether by email, in-Service support or otherwise.
To enhance our Services and develop new ones
3.5 By monitoring your use of our Services or by carrying out technical analysis we can optimise your user experience and we can keep improving our Services.
To protect you and others
3.6 By monitoring the use of our Services we can detect and prevent any fraudulent or malicious activity, and make sure that everyone is using our Services fairly and in accordance with our terms and conditions.
To analyse and report
3.7 We may use the Personal Information about you and other users of our Services to produce aggregated and anonymised analytics and reports, which we may share publicly or with third parties.
3.8 Some of this analysis may be conducted using Google Analytics and similar technologies.
4. LAWFUL BASIS FOR PROCESSING
4.1 The following information is provided for the purposes of the GDPR:
Performance of a contract
4.2 Our processing of Personal Information for the purposes set out below is necessary for the performance of a contract to which you are a party:
4.2.1 to operate and provide you with any Services that you or your Guardian have requested;
4.2.2 providing you with information you’ve requested from us (like education materials and access to an Advisor) or information we are required to send to you;
4.2.3 providing you with information about changes to our Services, or assistance with using our Services, or otherwise supporting you; and
4.2.4 monitoring the use of our Services so we can detect and prevent any fraudulent or malicious activity, and make sure that everyone is using our Services fairly and in accordance with our terms and conditions.
4.3 In respect of all other processing of Personal Information detailed in this notice (including direct marketing activities), such processing is necessary for the purposes of a legitimate interest pursued by WuKong, and we have assessed that such interests are not overridden by the interests or fundamental rights and freedoms of the persons to whom the Personal Information relates.
4.4 If you are EU-based you have the right to object to the way we processes your Personal Information where the processing is based on legitimate interests. For more information see “Your Rights” section below.
5. HOW YOUR PERSONAL INFORMATION IS SHARED
5.1 We will not sell Personal Information to anyone. We share Personal Information with third parties for the limited purposes set out below.
5.2 We share your Personal Information with certain third parties who help us to provide and support our Services, for example:
5.2.1 hosting services;
5.2.2 customer management software and tools;
5.2.3 content delivery services, including for marketing communications; and
5.2.4 IT support providers.
Sale, merger or acquisition
5.3 If we or substantially all of our assets were acquired by a third party, Personal Information which we hold may be one of the transferred assets (subject to the same constraints on use and disclosure as under this notice).
5.4 We may share your Personal Information if we are under a duty or legal obligation, or in order to enforce or apply our terms and conditions or to protect our rights, property, or the safety of our personnel or third parties.
6.1 We have taken all reasonable steps to protect Personal Information, including through internal and external security, including:
6.1.1 restricting access to Personal Information to those who have a need to know; and
6.1.2 storing information in customer management software and tools that have sophisticated security measures.
6.2 Our Services are password protected, and each user must choose the password themselves. Users should never share their passwords, and we are not responsible for any loss of data or breach of privacy if you share your password with someone else.
7. RETENTION AND DELETION OF PERSONAL INFORMATION
7.1 We will retain your Personal Information until the earlier of:
7.1.1 when we receive a notice from you requesting that your Personal Information be deleted from all of our systems; and
7.1.2 the date we reasonably believe it is necessary to satisfy any applicable law or regulation and to prevent harm.
8. YOUR RIGHTS
8.1 You have the right to access and correct your Personal Information that is held by us at any time.
8.2 If you are EU-based you also have the right to:
8.2.1 request the erasure of any or all of your Personal Information;
8.2.2 restrict or object to the processing of any or all of your Personal Information;
8.2.3 request the transfer of any or all your Personal Information to another organisation;
8.2.4 withdraw any consent to processing that you have previously given in respect of any or all of your Personal Information; and
8.2.5 lodge a complaint regarding our data processing activities as they relate to your Personal Information with the supervisory authority in your member state.
8.3 We will respond to any request made in respect of the above in accordance with the applicable Data Protection Laws.
9.1 Capitalised terms have the following meanings, unless the context otherwise requires:
Advisor means the individual allocated by us to a student user of our Services, and who provides teaching services and other advice to them.
Guardian means an individual who, according to the law in the Child’s country of residence, has the legal rights and responsibilities for the Child that are normally afforded to parents.
Child means an individual who is below the legal age of majority, according to the law in the Child’s country of residence, and Children has a corresponding meaning.
Data Protection Laws means the data protection and privacy laws applicable to the processing on Personal Information that we are committed to comply with, including:
the Privacy Act 1993 (New Zealand);
the General Data Protection Regulation (EU) (GDPR); and
any other applicable privacy legislation.
EU for the purposes of this notice, means the European Economic Area, United Kingdom and Switzerland.
Process or Processing means any operation or set of operations which is performed on Personal Information, such as collection, recording, organisation, structuring, storage, adaptation, use, disclosure, combination, restriction, or erasure.
Website means www.wukongsch.com.