Moodle

Privacy Notice

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Privacy NoticeChrisApril 4, 2019October 4, 2021Privacy Notice This is the Privacy Notice for Moodle Pty Ltd (or “we”), the company at the heart of the Moodle™ community. The Moodle LMS™ software is free and open source, and may be hosted by us, but also by anyone who wishes to manage an installation. This Privacy Notice tells you how we will collect and use your personal data to provide our products and services.  We have the wellbeing of the community and the users of Moodle™ services at the heart of everything we do.  Importantly, this Privacy Notice outlines how we manage your personal data. If the website you are using is not hosted by us, then the hosting IT administrator of your website will have separate Privacy Law obligations to you. In such circumstances you will need to check directly with your hosting IT administrator as to how your personal data is being managed by them.  We hope this Privacy Notice outlines how we manage any of your personal data in its control in a clear and straightforward way.  Who are we? The Data Controller and Data Protection Officer <ul> <li>The Data Controller for data processed under this Notice is: Moodle Pty Ltd. (ABN 55 116 513 363) PO Box 303, West Perth WA 6872 AustraliaSubmit your enquiry here</li> <li>Our independent Data Protection Officer is: Data Compliance Europe Ltd. Lower Bridge Street Dublin 8 (Ireland) email: dpo@moodle.com</li> </ul> What is covered by this Privacy Notice? Your privacy protection is central to us. This is why we have adopted the EU’s General Data Protection Regulation 2016/679 (“GDPR”) as our global standard. It is the most advanced and protective Privacy Law globally.  Under GDPR personal data is defined as: “any information relating to an identified or identifiable natural person (‘Data Subject”) and a Data Controller determines the purpose and means of processing personal data., whereas a Data Processor is responsible for processing data on behalf of the Data Controller. This Privacy Notice relates to everyone whose personal data is processed by us. Because the Moodle™ software is open source, anyone can install it on their own equipment or device. So, please note that: <ul> <li>where Moodle Pty Ltd hosts a website on its own behalf it is the Data Controller for all the personal data collected. Where Moodle Pty Ltd hosts someone else’s installation of the Moodle Platform (as with MoodleCloud) it is the Data Processor for the website administrator of that particular installation. </li> <li>where Moodle Pty Ltd does not host an installation of the software platform, it is neither the Data Controller nor the Data Processor and those duties fall on the people or organisation(s) who have installed and host those installations.</li> </ul> Why does the Moodle Mobile application not need to collect and store any personal data? Simply, we do not need your personal data to provide you with our Moodle Mobile application. If we provide you with separate additional services through external installations hosted or not by us, we will always seek confirmation from you that it’s ok to do that. Additional services provided by us are completely separate from the Moodle Mobile application and in case it is needed we will submit for your consent the relevant Privacy Notice and explain how personal data related to you for specific purposes are collected and what is the nature of the data collected depending on your interaction with us. We are committed to transparency in this and we will provide a very detailed breakdown of these processes in the applicable Privacy Notice submitted. Why do we need to collect and store personal data? In order for us to provide you with MoodleCloud and other Moodle-hosted websites we need to collect your personal data for correspondence purposes and/or to allow us to provide you our service(s). We ensure that the information we collect and use is appropriate for this purpose. We are a company which values its users’ data protection and privacy rights and we have no interest in collecting any data beyond what we need to make our service(s) work for you. If you are going to be contacted by us for marketing purposes, we will not rely solely on this Privacy Notice, but will always seek additional confirmation from you that it’s ok to do that. We always process your personal data for specific purposes, with the nature of the data collected depending on your interaction with us. We are committed to transparency in this.  Our legal bases for the processing of personal data are: <ul> <li>Article 6.1(a), GDPR, Consent</li> <li>Article 6.1(b), GDPR, Contract</li> <li>Article 6.1 (c), GDPR, Legal Obligation</li> <li>Article 6.1(f), GDPR, Legitimate Interest</li> </ul> If you would like more details please refer to Annex 1. We only rely on ‘legitimate interests’ as the legal basis for processing by us, or third parties we use, for these purposes; <ul> <li>recruitment and induction of new candidates</li> <li>emergency contacts for people who work with us, such as employees and contractors for health and safety purposes</li> <li>business development</li> <li>providing login systems to users via their existing social media accounts</li> </ul> The special categories of personal data we process are: <ul> <li>biometric data in the form of facial images</li> <li>health data in respect of employees, contractors and other people who work with us</li> <li>any special categories of special personal data which any user volunteers while using the Moodle systems (for example in a forum or submission)</li> </ul> Do we share my personal data with anyone else? We may pass your personal data on to third-party service providers contracted to Moodle Pty Ltd in the course of dealing with you. We do this because there are some services, such as our video conferencing facility, which will not work unless we are able to make these transfers. Any third parties that we share your data with are obliged to keep your details securely, and to use them only to deliver the service they provide on our and of course, your behalf. When they no longer need your data to fulfil this service, they will dispose of the details in line with our procedures. We enter into Data Processing Agreements with our third-party service providers to ensure their commitment to these principles.  If we need to pass your sensitive personal data onto a third party we will only do so once we have obtained your consent, or if it is necessary to comply with a contract, or we are legally required to do so. If you would like an up-to-date register of all our third-party service providers, please contact us and we will be happy to provide it. How does Moodle Pty Ltd use my personal data? We will process (collect, store and use) the information you provide in a manner compatible with the EU’s General Data Protection Regulation (“GDPR”). We will endeavour to keep your information accurate and up to date, and not keep it for longer than is necessary. We maintain a register of personal data processes which include a record of the data retention policy for each type of data collected and we commit to only process the minimum amount of data needed. We are required to retain certain information in accordance with the Law, such as information needed for income tax and audit purposes. How long certain kinds of personal data should be kept may also be governed by specific business sector requirements and agreed practices. Personal data may be held in addition to these periods depending on individual business needs. Can I find out the personal data that the organisation holds about me? We at your request, can confirm what information we hold about you and how it is processed. If we hold personal data about you, you can request the following information: <ul> <li>identity and the contact details of the person or organisation that has determined how and why to process your data;</li> <li>contact details of our Data Protection Officer in the EU, where applicable;</li> <li>the purpose of the processing as well as the legal basis for processing;</li> <li>if the processing is based on our legitimate interests or a third party, information about those interests;</li> <li>the categories of personal data collected, stored and processed;</li> <li>recipient(s) or categories of recipients that the data is/will be disclosed to;</li> <li>If we intend to transfer the personal data to a third country or international organisation, information about how we ensure this is done securely. The European Union has approved sending personal data to some countries because they meet a minimum standard of data protection. In other cases, we will ensure there are specific measures in place to secure your information. These will rely on measures approved by the EU Commission;</li> <li>how long the data will be stored;</li> <li>details of your rights to correct, erase, restrict or object to such processing;</li> <li>information about your right to withdraw consent at any time;</li> <li>how to lodge a complaint with the relevant supervisory authority;</li> <li>whether the provision of personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as whether you are obliged to provide the personal data and the possible consequences of failing to provide such data;</li> <li>the source of personal data if it wasn’t collected directly from you;</li> <li>any details and information of automated decision making, such as profiling, and any meaningful information about the logic involved, as well as the significance and expected consequences of such processing.</li> </ul> How can I access my personal data rights? We accept a request made through your personal Moodle account while you are logged in. In certain circumstances we could ask for additional information and the following forms of ID when information on your personal data is requested: <ul> <li>A colour copy of a Passport, driving licence or National ID Card</li> </ul> Agreement to these terms of service provides explicit consent for data processing By consenting to this Privacy Notice you are giving us permission to process your personal data specifically for the purposes identified. Where consent is required for us to process both standard and sensitive types of personal data,&nbsp. it must be explicitly given. Where we are asking you for sensitive personal data we will always tell you why and how the information will be used. Agreement with this Privacy Notice and its accompanying terms and conditions (as applicable) and any Data Processing Agreements, (if they apply to you) will be considered to be explicit consent and we will keep a copy of the records of that consent for audit purposes. You may withdraw consent at any time by: <ul> <li> In MoodleCloud, “Moodle Apps Plans portal” and other Moodle hosted websites: By contacting us</li> <li> In self – hosted Moodle installations’: By contacting the Data Protection Officer for your Data Controller</li> </ul> To help us to respond as quickly as possible to your request, please identify your role in relation to us (if you are a contractor, employee, Moodle partner, end-user, site administrator etc.), and the processing for which you wish to withdraw consent. Retention period and your GDPR rights We will process different forms of personal data for as long as it is necessary and proportionate for the purpose for which it has been supplied and we will store the personal data for the shortest amount of time possible, taking into account legal and service requirements. For further details on the retention period for any particular type of data, please contact us. Your rights as a Data Subject At any point while we are in possession of your personal data or we process those, you, the Data Subject, have the following rights: <ul> <li>right of access – you have the right to request a copy of the information that we hold about you;</li> <li>right of rectification – you have a right to correct data that we hold about you that is inaccurate or incomplete;</li> <li>right to be forgotten – in certain circumstances you can ask for the data we hold about you to be erased from our records;</li> <li>right to restriction of processing – where certain conditions apply to have a right to restrict the processing;</li> <li>right of portability – you have the right to have the data we hold about you transferred to another organisation;</li> <li>right to object – you have the right to object to certain types of processing such as direct marketing;</li> <li>right to object to automated processing, including profiling – you also have the right to be subject to the legal effects of automated processing or profiling;</li> <li>right to judicial review: in the event that Moodle Pty Ltd refuses your request under rights of access, we will provide you with a reason as to why. You have the right to complain as outlined in the section named “Complaints” below.</li> </ul> Where we are your Data Controller, you may make a request directly to the Data Protection Officer using the email address dpo@moodle.com Where we are a Data Processor, and act on behalf of a data controller (such as MoodleCloud) any requests received by us will be passed on to the Data Controller. Where we are not involved with your personal data, such as where the Moodle™ software has been self-hosted, you should address your requests to the Data Controllers of those websites since we have no access to your personal data. Retention period Moodle Pty Ltd will processes different forms of personal data for as long as is necessary and proportionate for the purpose for which it has been supplied and will store the personal data for the shortest amount of time possible, taking into account legal and service requirements. For further details on the retention period for any particular type of data, please contact us Your rights as Data Subject At any point while we are in possession of or processing your personal data, you, the data subject, have the following rights: <ul> <li>right of access – you have the right to request a copy of the information that we hold about you.</li> <li>right of rectification – you have a right to correct data that we hold about you that is inaccurate or incomplete.</li> <li>right to be forgotten – in certain circumstances you can ask for the data we hold about you to be erased from our records.</li> <li>right to restriction of processing – where certain conditions apply to have a right to restrict the processing.</li> <li>right of portability – you have the right to have the data we hold about you transferred to another organisation.</li> <li>right to object – you have the right to object to certain types of processing such as direct marketing.</li> <li>right to object to automated processing, including profiling – you also have the right to be subject to the legal effects of automated processing or profiling.</li> <li>right to judicial review: in the event that Moodle Pty Ltd refuses your request under rights of access, we will provide you with a reason as to why. You have the right to complain as outlined in the section named “Complaints” below.</li> </ul> Where Moodle Pty Ltd are your Data Controller, you may make a request directly to the Data Protection Officer using the email address dpo@moodle.com Where Moodle Pty Ltd are a Data Processor, and act on behalf of a data controller (such as MoodleCloud) any requests received by Moodle Pty Ltd will be passed on to the Data Controller. Where Moodle Pty Ltd are not involved with your data, such as where the Moodle platform has been self-hosted, you should address your requests to the data controllers of those sites. Moodle Pty Ltd will have no access to your data. Complaints In the event that you wish to make a complaint about how your personal data is being processed by us (or third parties as described above), or how your complaint has been handled, you have the right to lodge a complaint directly with a Supervisory Authority and also with our Data Protection Officer, Data Compliance Europe Ltd. If you wish to make a complaint about how your personal data has been processed in MoodleCloud, or by a self-hosted installation of the Moodle™ software you should contact your Moodle Site Administrator or the Data Controller for your Moodle installation. (For example, if your university or school hosts its own Moodle site, it will be the Data Controller). The details of contacts for complaints where we are the Data Controller:   Supervisory Authority contact details Data Protection Officer (DPO) / GDPR Owner contact details Contact Name: Data Protection Commissioner Data Compliance Europe, Address line 1: Canal House Lower Bridge Street Address line 2: Portarlington Dublin 8 Address line 3: Co Laois Address line 4: R32 AP23 Email: info@dataprotection.ie dpo@moodle.com Telephone: +353 57 8684800 +353 1 6351580 The contact details in case where Moodle Pty Ltd is not the Data Controller, should be made available directly by your Data Controller in your Moodle installation.   Last updated: November 2020 Click to view Annex 1 ANNEX 1   Purpose of processing Categories of personal data The source of the personal data  Individual’s Profile on Moodle Partner site Contact details Data Subject and Data Subject employer Access to Partner data on Moodle Partner site User and activity data Data Subject, Moodle HQ Partner Marketing Support Client details, Partner details Data Subject, Data Subject employer, Partner organisation Partnership support conference calls Name, Voice Recording, Video/Photograph of user Moodle HQ – Moodle Partner Site Data Moodle Client Customer financial data from Partners Client financial information, Partner details Client details, Partner details Moodle Partner writing and storage of agreements/contracts/documentation with partners, and potential partners Contact details Moodle Partner / Applicant General Business Documentation of meetings including attendees Partner Organisation details, Partner details, Partner Employees Data Controller Controller General Business Documentation Partner Organisation details, Partner details Data Controller Controller Central code repository contact details (name, surname, email, photo), activity and contribution Data Subject Community education and feedback contact details (name, surname, email, photo), activity and contribution Data Subject Mirror of central code repository contact details (name, surname, email, photo), activity and contribution Data Subject Public Moodle Code Repository contact details (name, surname, email, photo), activity and contribution Data Subject Private Moodle Code Repository contact details (name, surname, email, photo), activity and contribution Data Subject Developer code repository contact details (name, surname, email, photo), activity and contribution Data Subject Sharing of rapid prototypes, research artefacts, usability testing feedback Contact details, activity, contribution Employee/contractors Conduct user studies, interviews, and surveys Contact details, activity, contribution Employee/contractors Conduct user surveys, MOBILE – Support for Airnotifier sites Contact details, form entries, Data Subject Scheduler for usability testing &amp. user interviews Name, email, Contact details, schedules, location data Data Subject Host the usability tests and user interview recordings Contact details, biometric data including pictures video and voice recording Data Subject Community engagement &amp. recruitment for user studies Names, Addresses, emails, phone numbers, Health Records, Contact details, biometric, IP Address, document contents, email contents, usage records Data Subject MOBILE – Training in Moodle moots contact details (name, surname, email, photo), activity and contribution Data Subject sending&nbsp. newsletters, leads to commercials Partners Name, email, phone number, country of subscribers, organisation name, organisation type, department Data Subject Attendees’ registration and payment for Moodle Moots organized by Moodle directly email address, name, telephone, payment details, country of origin, occupation, dietary requirements Data Subject Presentations’ admission process run by Event department for Moodle Moots organized by Moodle directly email address, name, country, workplace, personal presentation, summary of applicable presentations Data Subject sending notifications to Moodle Moots attendees that have voluntary downloaded the Moodle Moot application for the conference name, surname, email address Data Subject MOOC participants information name, email address Data Subject provide Moodle education certification service to the users name, email address, user´s contributions, IP addresses, on a voluntary basis: geolocalization and picture Data Subject and Moodle Partner that enrols Data Subject use the image made public by a user on Gravatar use the image made public by a user on Gravatar Data Subject registration of websites using Moodle and Moodle services website URL, name and IT admin email address Data Subject Recruitment of candidates Name, Address, phone number, email, social media profile links, Photograph, educational and work history, interests Data Subject Reference’s check of candidates to be recruited for recruitment Contact details, role and any relevant info of referee’s candidate Data Subject On-boarding of employees and contractors Contact details, emergency contact details, drivers licence, passport, ID documents, banking details, tax details, superannuation details, gender, qualifications, biometric data, date of birth Data Subject Health and Safety Name, phone number, email, relationship with Employee Data Subject Health Records for Employees/contractors Health Records Data Subject Performance’s measure Performance information, contact details Managers/HR Letter of Offer Name, address, phone number, email and remuneration details of contractors Data Subject Management coaching to strength management capability&nbsp. Performance information, performance opinions, contact details Data Subject Manage the organizational structure of the company Pictures, name and surname Data Subject Collecting names and surnames of Moodle employees and contractors and their details linked to individual KPIs Pictures, name and surname, role and title Data Subject Paying wages to employees Contact details (name, surname and email), Bank details, Tax details, sick leave, Annual Leave, salary, pension employee Collecting fees payable by direct clients Contact details (name, surname and email) Client Collecting fees payable by partners Contact details (name of partner, email, name and surname of partner representative) Partner Receiving event registration fee Contact details (name, surname, email of the participant, phone number, business name and address) Attendee Paying supplier invoices Supplier details (name, surname, email, bank details) Supplier log storing and searching for analysing and troubleshooting MoodleCloud sites and signup/provisioning Location, IP address MoodleCloud site admins and MoodleCloud site users Storing of historical logs – Moodle, web server, statistics Site name, location, IP address MoodleCloud site admins and users Facilitating the signup and control of the MoodleCloud account and Moodle Apps Plans Portal Name, email, location, telephone number MoodleCloud&nbsp. and Moodle Apps Plans Portal site admins Primary provider for text messaging. Logs for text message sending Phone numbers MoodleCloud site admins Email processing (moodle and signup) email MoodleCloud site admins and MoodleCloud site users Text messaging service Phone numbers MoodleCloud site admins Backup text messaging service Phone numbers MoodleCloud site admins sending emails to site admins regarding their MoodleCloud and Moodle Apps Plans Portal service Name, email, financial data MoodleCloud&nbsp. and Moodle Apps Plans Portal site admins Operational reporting on cloud servers and moodle sites Location, IP address, moodle activity data MoodleCloud site admins manage recurring subscriptions and payments name, email, country MoodleCloud&nbsp. and Moodle Apps Plans Portal site admins billing and subscription management name, surname, billing country, website name MoodleCloud&nbsp. and Moodle Apps Plans Portal site admins Conversion of assignments in various formats into PDF file to enable the teacher to grade and annotate the document any data submitted in the document submitted MoodleCloud site users Web conferencing feature for all MoodleCloud sites contact details, voice, audio, video, biometrics, IP address, location data MoodleCloud site users Webhooks from payment processor triggered on subscription change Payment method details (NOT INCLUDING CREDIT CARD NUMBER) Moodlecloud site admins Customer data storage any data submitted in the file MoodleCloud site admins and users Close