Privacy Policy

Effective date: 22 September 2026  |  Review date: 22 September 2027

1. Our commitment to privacy 

The Whole Student Pty Ltd ACN 700 556 556 (The Whole Student, we, us, our) is committed to protecting the privacy, personal information, safety and wellbeing of students and families who engage with us. 

By providing personal information to us, using our website or engaging our services, you acknowledge the practices described in this privacy policy. 

This policy sets out:  

  • ·         what is considered personal information;

  • ·         what kinds of personal information we collect and hold;

  • ·         how we collect and hold personal information;

  • ·         the purposes for which we collect, hold, use and disclose personal information;

  • ·         what happens if we are not able to collect personal information;

  • ·         how you can access and seek a correction of your personal information;

  • ·         whether we disclose personal information outside Australia; 

  • ·         how to contact us if you have any questions about this policy or our compliance with the Australian Privacy Principles (APPs); and 

  • ·         how you may complain about a breach of the APPs or a registered APP code (if any) that bind us, and how we will deal with your complaint.  

We may, from time to time, review and update this policy, including by taking account of new or amended laws, new technology and/or changes to our operations. All personal information held by us will be governed by the most recently updated policy and we will give you reasonable notice of our revised policy including by posting to our website. 

2.    What is personal information 

When used in this policy, the terms “personal information”, “sensitive information”, and “health information” have the meaning given to them in the Privacy Act 1988 (Cth) (the Act). These definitions are largely (but not wholly) set out below: 

  • “personal information” is any information or opinion about an individual or an individual who is reasonably identifiable, whether the information or opinion is true or not and whether the information or opinion is recorded in a material form or not. This may include (but is not limited to) an individual’s name, age, gender, postcode, contact details (including phone numbers and email addresses), sensitive information, health information and financial information, including credit card or direct debit account information. 

  • “sensitive information” is:

o    personal information that is also information or an opinion about an individual’s racial or ethnic origin, political opinions, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual orientation or practices or criminal record; 

o    health information about an individual;

o    genetic information about an individual that is not health information; 

o    biometric information used for the purpose of automated biometric verification or biometric identification; or

o    biometric templates. 

  • “health information” is:

o    personal information that is also information or an opinion about the health, including an illness, disability or injury, (at any time) of an individual, an individual’s expressed wishes about the future provision of health services to the individual or a health service provided, or to be provided, to an individual;

o    other personal information collected to provide, or in providing, a health service to an individual; 

o    other personal information collected in connection with the donation, or intended donation, by an individual of his or her body parts, organs or body substances; or

o    genetic information about an individual in a form that is, or could be, predictive of the health of the individual or a genetic relative of the individual.

3.              Who this policy applies to 

This policy applies to each person whose personal information we collect, hold, use or disclose in connection with our services and operations. This includes students who are directly involved in our programs, people who support or care for students, and people who work with or provide services to The Whole Student.

4.              The kinds of personal information we collect and hold 

The types of personal information we may collect may include (but is not limited to) the following: 

  • ·         name;

  • ·         mailing or street address;

  • ·         email address;

  • ·         telephone number;

  • ·         age;

  • ·         birth date;

  • ·         academic year level;

  • ·         health information and sensitive information to the extent necessary to provide our services;

  • ·         information relating to school enrolment, academic results, and school attendance;

  • ·         individual learning needs and wellbeing observations;

  • ·         allergy and dietary information;

  • ·         payment and billing information;

  • ·         photographs, video or recordings;

  • ·         staff qualifications and Working with Children Check information.

5.              How we collect personal information 

We collect personal information directly from individuals in several ways, including: 

  • ·         during conversations;

  • ·         during the enrolment, interview and onboarding processes;

  • ·         when that individual submits an application for our program or lodges an enquiry via our website;

  • ·         when the individual engages our services; and

  • ·         when the individual contacts us by email or telephone. 

  • We may also collect personal information from third parties where it is lawful and reasonable to do so, including via:  

  • ·         a third party who has lawfully provided us with personal information of an individual;

  • ·         service providers or other organisations who the individual has given approval to;

  • ·         our attendance and student-management systems;

  • ·         tutors, program managers and other staff while our sessions are conducted. For example, our tutors and program managers may notice changes in a student's presentation, engagement or wellbeing and may record relevant observations where reasonably necessary for support and safety;

  • ·         photographs, film, recordings and surveys facilitated by third parties in accordance with this policy; and

  • ·         website interactions in accordance with this policy. 

We are not responsible for and do not control how third parties collect, hold, use and disclose personal information, including on or via their websites. You should read the relevant third party’s privacy policy, which you can find on its website or obtain by contacting that third party. 

If we discover that we have collected personal information from a child without consent from a parent or guardian where such consent should have been obtained, we will delete that personal information as soon as practical. 

Cookies 

In some cases we may also collect personal information through the use of cookies and other tracking devices. When you access our website, we may send a “cookie” (a small summary file containing a unique ID number) to your computer. This enables us to recognise your computer and greet you each time you visit our website, without bothering you with a request to register or log-in. It also helps us keep track of services you view, so that we can send you news about those services.  

If you do not wish to receive cookies, you can set your browser so that your computer does not accept them, although doing so may affect some website functionality. 

We may also log IP addresses (the electronic addresses of computers connected to the internet) to analyse trends, administer the website, track user movements and gather broad demographic information. 

We may also collect anonymous data (which is not personal information) relating to your activity on our website via cookies. We generally use this information to report statistics, analyse trends, diagnose problems and target and improve the quality of the services we provide. To the extent this information does not constitute personal information because it does not identify you or anyone else, the APPs do not apply.

6.              Why do we collect, hold, use and disclose personal information 

The primary purpose for which we collect, hold, use and disclose personal information is to enable us to: 

  • enrol students in our program;

  • book interviews with potential students and their families;

  • facilitate and deliver our program to a high standard;

  • manage and hire staff;

  • provide our services to students, including by providing:

o    academic support;

o    personalised study plans;

o    tutoring services;

o    study skills;

o    appropriate supervision during program sessions;

o    mentoring; and

o    a safe and supportive environment;

·         communicate with parents and students (for example by email, mail, SMS or telephone);

·         manage the attendance of our students; and

·         responsibly manage our students’ food and dietary requirements. 

We may also collect, hold, use and disclose personal information for various related purposes, including to: 

  • ·         process payments;

  • ·         maintain appropriate insurances;

  • ·         manage and respond to incidents;  

  • ·         comply with legal obligations;

  • ·         manage, investigate and respond to complaints;

  • ·         improve our website and services;

  • ·         measure the effectiveness of our marketing;

  • ·         allow third party organisations to assist in the delivery of related services including, for example:

o    catering;

o    business administration and accounting;

o    information technology;

o    website hosting;

o    student-management systems;

  • ·         market and promote our services to you;

  • ·         personalise and customise your experience with us;

  • ·         verify your identity;

  • ·         conduct business processing functions for operation of our websites or our business;

  • ·         update your personal information or provide your updated personal information to our staff;

  • ·         do anything else required or permitted by any law (including the Act).       

Before disclosing personal information to any third party in accordance with this policy, we will take reasonable steps to ensure the recipient is capable of and likely to treat your personal information in accordance with the Act. 

You may opt out of receiving direct marketing communications at any time by using the unsubscribe facility in the communication or contacting us directly.

7.               What happens if we can’t collect your personal information 

If you do not provide us with the personal information described in this policy, some or all of the following may happen: 

  • ·         we may not be able to provide you with the services you requested, either to the same standard or at all;

  • ·         for staff and service providers, we may not be able to engage or contract with you;

  • ·         we may not be able to provide you with information about our services; and

  • ·         we may be unable to do any one or more of the things set out in paragraph 6 above.

8.              Student wellbeing 

The Whole Student integrates wellbeing into its everyday environment. 

In addition to the purposes outlined at paragraph 6 above, we may also disclose student personal information to parents, carers, emergency contacts or medical professionals or the police or other relevant authorities where we reasonably believe there to be a significant safety or wellbeing concern and where it is lawful to do so. 

We recognise that parents and carers have a legitimate interest in their child's participation, progress and wellbeing. Subject to applicable law and the circumstances of the student, we may disclose student personal information relating to attendance, academic progress, participation and significant wellbeing concerns. 

A student's request for confidentiality will not automatically prevent disclosure. Should a student request confidentiality in any respect, we will consider the student's age and maturity, the nature of the information, safety and wellbeing, privacy of others and applicable legal requirements before deciding whether to disclose or withhold disclosure for any reason.

9.              Overseas disclosure 

We are not likely to disclose any personal information to overseas recipients except as otherwise expressly stated in this policy. 

Some of our technology providers may store or process information outside Australia. However, this information will only be processed at our direction. 

If we need to disclose any of your personal information to overseas persons or entities, we will take reasonable steps to notify you and ensure that the overseas recipients of your personal information treat your personal information in accordance with the APPs.

10.          Photographs, video and recordings 

Where The Whole Student wishes to use a student's image or recording for public-facing purposes, we will obtain appropriate consent. Families will be informed of the purpose and intended use of any photographs, videos, or recordings.

11.          Security of personal information 

The Whole Student takes the security of personal information very seriously. We take reasonable steps to protect information from misuse, loss and unauthorised access, modification or disclosure. Access is restricted according to role. Information is retained only as long as reasonably necessary or as required by law, after which it will be securely destroyed or de-identified. 

Access to personal information is only permitted among our staff and personnel on a need-to-know basis and subject to strict contractual confidentiality obligations when processed by third parties. 

12.          Access and correction 

You may request access to any personal information we hold about you at any time by contacting us using the details provided below. 

Where we hold information that you are entitled to access, we will try to provide you with suitable means of accessing it (for example, by mailing or emailing it to you). We will not charge for simply making a request and will not charge for making any corrections to your personal information.  

If you make an access request, we will ask you to verify your identity. There may be instances where we cannot grant you access to the personal information we hold. For example, we may need to refuse access if granting access would interfere with the privacy of others, or if it would result in a breach of confidentiality. If that happens, we will give you written reasons for any refusal. 

If you believe that personal information we hold about you is incorrect, incomplete or inaccurate, you may request us to amend it. We will consider whether the information requires amendment. If we do not agree that there are grounds for amendment, we will add a note to the personal information stating that you disagree with it. 

We ask that you keep us updated on any changes to your personal information that you have provided us to ensure that we can continue to provide you with high-quality and timely services. 

For requests concerning a student, we may consider age, maturity, best interests, safety, privacy of others and applicable law.

13.          Privacy complaints 

If you believe your privacy has been breached by us or if you have any questions or concerns about our privacy policy, please contact us using the details provided below and provide details of the incident so that we can investigate it.   

We will treat your requests or complaints confidentially. Our representative will contact you within a reasonable time after receipt of your complaint to discuss your concerns and outline the options available to you. We will aim to ensure that your complaint is resolved in a timely and appropriate manner.  

If you are not satisfied with the outcome of our investigation or our handling of your complaint, you may lodge a complaint with the Office of the Australian Information Commissioner. Information about making a privacy complaint is available at https://www.oaic.gov.au/.

14.          Child safety 

Privacy operates alongside The Whole Student's Child Safety and Wellbeing Policy and other child safety procedures. Privacy and confidentiality will not prevent appropriate action where information indicates that a child or young person may be at risk of harm. 

Where we collect a student's personal information, we will take reasonable steps to obtain the consent of the student's parent or guardian. If we become aware that we have collected a student's personal information without the required parental or guardian consent, we will promptly seek that consent. If we are unable to obtain it, we will delete or de-identify the student's personal information, unless we are required or permitted by law to retain it.

15.          Changes and contact

We may make changes to this privacy policy from time to time. Any updated versions of this privacy policy will be posted on our website.  

If you have any questions regarding or relating to this privacy policy, please contact us at the following email address: info@thewholestudent.com.au  

Should you wish to read more information on privacy laws, including the APPs, we recommend that you visit the Office of the Australian Information Commissioner's website at https://www.oaic.gov.au/. 

Please contact us if you would like a copy of the APPs to be made available to you free of charge.

16.          Acceptance 

You accept and acknowledge that your use of our website and your interactions with The Whole Student constitute your acceptance of this privacy policy.  

The Whole Student, 1/390 Burwood Rd, Hawthorn, Victoria, Australia.