Privacy Policy

Our commitment to privacy
Cleverbean Pty Ltd ACN 612 707 892, that includes both the Cleverbean and Loomi applications ("we," "our," or "us"), is committed to protecting your privacy. In this Privacy Policy we explain how we collect, store, safeguard, use and disclose “personal information”, defined as any information or data that directly, indirectly, or in connection with other information allows for the identification or identifiability of a natural person. We have drafted this Privacy Policy to provide you with complete transparency in relation to how we collect, store, process, use and share your personal information.

Your consent to this Privacy Policy
This Privacy Policy applies to our website at cleverbean.co, loomiassessment.com and loomi.au ("our websites"). By accessing or using any of our websites, you agree to our collection, storage, use, and disclosure of your personal information as described in this Privacy Policy. If you do not agree to this Privacy Policy, you should not engage with our website.

The Australian Privacy Principles
We are an Australian business and have therefore adopted the Australian Privacy Principles (the "APPs") contained in the Privacy Act 1988 (Cth) (the "Privacy Act"). A copy of the APPs may be obtained from the website of The Office of the Australian Information Commissioner. The APPs govern the way in which we collect, store, safeguard, use and disclose your personal information.

Why do we collect personal information?
We may collect and use your personal information for the following purposes:

• To provide our services, including enabling teachers to view, create and assign lessons, students to submit writing tasks, and AI to generate feedback based on lesson context
• To provide customer support, including responding to enquiries and resolving issues
• For marketing purposes, such as sending updates or promotional information (where permitted)
• To ensure the content and experiences we deliver are relevant to you, including personalising lessons or feedback for students -__ To communicate with you__, including important notices, task updates, or service announcements
• For legal and security purposes, such as complying with obligations and protecting against fraud or unauthorised activity

What personal information may we collect from you?
The primary types of personal information we may collect include:

• Name
• Address
• Phone number
• Email address
• School name and position or role within your school.
• Your grade
• Student writing
• Student assessment grades (as generated from student writings from assessment criteria)

This personal information may be obtained via our website or through correspondence with you. When we collect personal information, we will, where appropriate and where possible, explain to you why we are collecting the information and how we plan to use it.

How do we share the information we collect from you?
We don't share personal information with companies, organisations, or individuals outside of our websites, unless one of the following circumstances applies:

• With your consent. We will share personal information with external companies, organisations, or individuals when we have your consent to do so. We require opt-in consent for the sharing of any sensitive personal information.
• With school administrators. If your Cleverbean or Loomi account is managed by a school administrator, your school administrator will have access to your account information (including your email, lesson assignments, and other usage data). Your school administrator may be able to:
  1. View statistics regarding account usage.
  2. Change your account password.
  3. Suspend or terminate account access.
  4. Access or retain information stored as part of your account.
  5. Receive your account information to comply with applicable laws, regulations, legal processes, or enforceable governmental requests.
  6. Restrict your ability to delete or edit information or privacy settings.
• Please refer to your school administrator’s privacy policy for more information.
• For external processing. We may provide personal information to our affiliates or other trusted businesses or service providers to process it on our behalf, based on our instructions and in compliance with our Privacy Policy. We only work with third parties that adhere to the same principles we do, including security, confidentiality, and data retention requirements.
• For legal reasons. We will share personal information with external parties if we have a good-faith belief that access, use, preservation, or disclosure of the information is reasonably necessary to:
  1. Comply with any applicable law, regulation, legal process, or enforceable governmental request.
  2. Enforce our Terms of Service, including investigating potential violations.
  3. Detect, prevent, or address fraud, security, or technical issues.
  4. Protect against harm to the rights, property, or safety of Loomi, Cleverbean, our users, or the public, as required or permitted by law.

From time to time, we may share non-personally identifiable information publicly. For example, we may share aggregated usage statistics to show trends about the general use of our services.

If Cleverbean or Loomi is involved in a merger, acquisition, or asset sale, we will ensure the confidentiality of personal information and provide notice to affected users before personal information is transferred or becomes subject to a different privacy policy. In such an event, if a future privacy policy does not comply with the principles outlined in our Student Privacy Pledge, you will have the choice to withhold the transfer of your personal information.

Use of email address for marketing purposes
By providing your email address to us, you agree to receive marketing emails from us. We do not send unsolicited marketing emails. We only send marketing emails to people who have authorised us to contact them. If at any time you would like to unsubscribe from receiving future marketing emails, we include detailed unsubscribe instructions at the bottom of each email.

No collection of 'Sensitive Information'
We do not collect Sensitive Information (i.e. as defined in the Privacy Act to include information about racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, criminal record or health information).

How long do we keep your information?
We keep your information only so long as we need it to provide our website to you and fulfill the purposes described in this Privacy Policy. This is also the case for anyone that we share your information with and who carries out services on our behalf. When we no longer need to use your information and there is no need for us to keep it to comply with our legal or regulatory obligations, we will either remove it from our systems or depersonalise it so that we can't identify you.

How do we protect your information?
Your personal information is stored securely and protected from misuse, loss, and unauthorised access, modification, or disclosure. Access to your information is strictly limited and granted only to employees who require it to perform their duties, following the principle of least privilege. We use a range of security measures to safeguard your information whenever it is submitted or accessed. For example, Secure Sockets Layer (SSL) technology encrypts data transmitted through our online applications. In the unlikely event that unauthorised access, modification, or disclosure occurs despite these safeguards, we have a comprehensive incident response plan in place to minimise the impact of such incidents.

Can I access, update or correct my information?
It is important to us that your personal information remains current, and we will take reasonable steps to make sure that your personal information is accurate, complete and up to date. If you find that the information we have is out of date or is inaccurate, please advise us as soon as practicable so that we can update our records.

You may access the personal information we hold about you and update and/or correct it, subject to certain exceptions. If you wish to access your personal information, we will not charge any fee for your access request, but may charge an administrative fee for providing a copy of your personal information. In order to protect your personal information, we may require identification from you before releasing the requested information. If you wish to access your personal information, please contact us at privacy@cleverbean.co.

You can also contact us in order to: (1) update or correct your personal information, (2) change your preferences with respect to communications and other information you receive from us, or (3) delete the personal information maintained about you on our systems. Such updates, corrections, changes and deletions will have no effect on other information that we maintain, or information that we have provided to third parties in accordance with this Privacy Policy prior to such update, correction, change or deletion. To protect your privacy and security, we may take reasonable steps to verify your identity before granting you profile access or making corrections.

Please be aware that it is not technologically possible to remove each and every record of the information you have provided to us from our system. The need to back up our systems to protect information from inadvertent loss means that a copy of your information may exist in a non-erasable form that will be difficult or impossible for us to locate. Promptly after receiving your request, all personal information stored in databases we actively use, and other readily searchable media will be updated, corrected, changed or deleted, as appropriate, as soon as and to the extent reasonably and technically practicable.

Sale of business
We reserve the right to transfer information to a third party in the event of a sale, merger or other transfer of all or substantially all of our assets, or in the event that we discontinue our business or file a petition or have filed against us a petition in bankruptcy, reorganisation or similar proceeding, provided that the third party agrees to adhere to the terms of this Privacy Policy.

Links to other websites
Our website may contain links to other websites not operated or controlled by us. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Please remember that when you use a link to go from our website to another website, our Privacy Policy is no longer in effect. Your browsing and interaction on any other website, including those that have a link on our platform, is subject to that website’s own rules and policies.

Cookies
We may use cookies and other tracking devices to identify the areas of our website that you have visited or used, generally for the purpose of enhancing the performance and functionality of our website. You may disable Cookies that are non-essential to your use of our website.

Changes to our Privacy Policy
We may make changes to this Privacy Policy so that it accurately reflects our policies and operations. Unless otherwise required by law, we will notify you before we make changes to this Privacy Policy and give you an opportunity to review them before they go into effect. Continued use of our website, direct engagement with us, or following the posting of changes to this Privacy Policy that do not significantly affect the use or disclosure of your personal information will mean that you accept those changes. If you do not want to agree to this or any updated Privacy Policy, you can discontinue using our website and our services.

Governing law
This Privacy Policy is governed by the laws of Australia without regard to its conflict of laws provision. You consent to the exclusive jurisdiction of the courts of Australia in connection with any action or dispute arising between the parties under or in connection with this Privacy Policy.

Making a complaint
If you wish to complain about our handling of your personal information, you may lodge a complaint by contacting us at privacy@cleverbean.co. We will investigate your complaint and provide a response within a reasonable period of time. If you remain unhappy with the way we have handled your personal information or you are not satisfied with the way in which we have handled your complaint, you may lodge a complaint with the Office of the Australian Information Commissioner.

Contact Us
If you have any questions about this Privacy Policy, please do not hesitate to contact us at privacy@cleverbean.co.