Data Collection Notice

Last Updated: 13 December, 2022

Hello there and thank you for your interest in the Always Here Parents and Always Here Kids Apps (referred to collectively and interchangeably as the “App”). Please read this Collection Notice if you wish to register an account on the App.  If you are below the age of 18, please read this Collection Notice with your parent or guardian before you download and use the App. If you are above 18, continue reading this Collection Notice before you download and use the App. 

The Apps are smartphone and tablet apps that may assist parents and caregivers identify and communicate with their children about wellbeing issues and mental health. We do this by utilising artificial intelligence and machine learning to analyse information gathered through children’s smartphones and tablet devices to attempt to identify potential wellbeing issues faced by children and provide suggestions that may help parents and caregivers. Children, parents and caregivers can reach out to us at any time by emailing us at hello@togetherai.co to ask us about the App and to discuss how we collect, hold, use, and disclose personal information. Read our Privacy Policy to understand what types of data we collect from you, how you can see what data we have collected and hold about you and how to ask us to correct it if it is wrong. 

Personal Information that we collect
Among other categories of personal information, we collect and use the following personal information about you in order to provide the functionality of the App: 

  • communication data (i.e. messages received and/or sent or received to or from a child via third party apps that are monitored by the App on the child’s smartphone or tablet device that may include health and other sensitive information);
  • information provided by parents and caregivers to us via the App about their child;
  • information provided directly by children to us via the App and the services provided through the App;
  • a user’s device and network usage details collected via the user’s smartphone and/or tablet;
  • survey responses and feedback; 
  • personal information about a child user generated by the App’s algorithms such as information about the child’s apparent mood and emotional state as determined by those algorithms;
  • names, dates of birth, contact information, and/or proof of legal guardianship in order to register an account on the App and verify that a child user is the child of a person who claims to be the child’s parent or caregiver;
  • Parent and caregiver contact details so that we can inform them about our and third party products and services that may be of interest to them, to identify them when they contact us and for our accounting, billing and internal administrative purposes and to enforce our legal rights and comply with our legal obligations;
  • de-identified personal information to research and/or market the App. 

Why we collect Personal Information
We collect Personal Information:

  • to identify persons who use the App and to identify persons who request technical support or wish to exercise their rights under privacy law to access and correct their personal information or otherwise to exercise their other rights with respect to their personal information;
  • in order to administer and allow Users to operate the App and for us to deliver the functionality of the App;
  • in order to operate and grow our business;
  • for our accounting, billing and other internal administrative purposes;
  • to comply with our legal and statutory obligations;
  • as required in order to determine which privacy law applies to the individual.

How you can access your Personal Information

  • You may access the personal information that we hold about you by accessing your User Account. 
  • You can also request a copy of the personal information associated with your User Account (subject to a fee, where applicable) in writing via the designated support section of the App or by email to dataprivacy@togetherai.com.

Disclosure
Data collected via a Child User’s app is shared with their linked Parent Caregiver Users. We only disclose personal information that we collect to third parties as follows:

  • professional agencies or other organisations authorised by Users;
  • data storage and software providers who host togetherAI databases and information (e.g. email hosting providers and online CRM providers) on our behalf;
  • when providing information to our legal, accounting or financial advisors/representatives or insurers, or to our debt collectors for debt collection purposes or when we need to obtain their advice, or where we require their representation in relation to a legal dispute;
  • where a person provides written consent to the disclosure of their personal information; 
  • where we become aware that specific personal information needs to be disclosed to protect the safety or vital interests of any person we may disclose it. Please note that while we may monitor personal information entered into, or generated via, togetherAI from time to time, although togetherAI may review that information to provide the Services, we do not review all such information and do not represent that we will monitor any person’s use of togetherAI or their wellbeing or take any specific action based on such information; 
  • if we are contacted by any person who represents to us that they are a User, for security purposes, we will only discuss the personal information that we hold about them with them if they correctly identify themselves as such according to our security measures;
  • if we sell all or part of our business, we will provide our databases to the purchaser;
  • to avoid prejudice to the maintenance of the law by any public sector agency, including the prevention, detection, investigation, prosecution, and punishment of offences;
  • for the enforcement of a law imposing a pecuniary penalty;
  • for the conduct of proceedings before any court or tribunal (being proceedings that have been commenced or are reasonably in contemplation); and 
  • to police and other governmental bodies or regulatory authorities where required by law.

Anonymity
Due to the nature of the App, children, parents and caregivers cannot opt to use a pseudonym or not identify themselves when using the App, unless specific services we provide allow for anonymity due to the nature of the service.

Complaints
You may lodge a complaint about a breach of privacy law by emailing us at dataprivacy@togetherai.com, or by contacting the Office of the Australian Information Commissioner (OAIC) (if you are in Australia) or the relevant privacy regulator in your jurisdiction.

Consent (from parent/caregiver) 

  • I am the parent and/or caregiver of the child user whose account is being registered. 
  • I have read this Collection Notice, the togetherAI End User Licence Agreement and the togetherAI Privacy Policy with my child, and both the child and I understand and provide our consent for us to collect, use, hold, disclose and process my and my child’s personal information in accordance with the togetherAI Privacy Policy
  • Without limiting the scope of our consent, we expressly consent to the use of automated decision making as set out in the togetherAI Privacy Policy
  • I understand that togetherAI includes functionality that will evaluate my child’s device usage and assess the likelihood that such interactions and usage may impact upon their wellbeing and mental health, and that this assessment impacts upon the creation and availability of personalised wellbeing suggestions made available by the App.
  • I acknowledge that Always Here does not provide any medical advice, recommendations or diagnoses and does not represent that it will detect all or any specific wellbeing or mental health issues of any user. 
  • I have read, understood and give my consent for TogetherAI Pty Ltd to collect, use and hold my and my child’s personal information in accordance with this Collection Notice, the togetherAI End User Licence Agreement and the togetherAI Privacy Policy.
  • Yes, please keep me updated regarding news, events and updates from TogetherAI Pty Ltd.

Consent (from child) 

  • I have read this Collection Notice, the  End User Licence Agreement and the togetherAI Privacy Policy with my parent/caregiver, and I understand and provide my consent for togetherAI Pty Ltd to collect, use, hold, disclose and process my personal information in accordance with the  Privacy Policy
  • Without limiting the scope of my consent, I expressly consent to the use of automated decision making as set out in the togetherAI Privacy Policy
  • I understand that Always Here includes functionality that will evaluate my device usage and assess the likelihood that such interactions and usage may impact upon my wellbeing and mental health, and that this assessment impacts upon the creation and availability of personalised wellbeing suggestions made available by the App.
  • I acknowledge that Always Here does not provide any medical advice, recommendations or diagnoses and does not represent that it will detect all or any specific wellbeing or mental health issues of any user. 
  • I have read, understood and give my consent for TogetherAI Pty Ltd to collect, use and hold my and my child’s personal information in accordance with this Collection Notice, the togetherAI End User Licence Agreement and the togetherAI Privacy Policy.
  • Yes, please keep me updated regarding news, events and updates from TogetherAI Pty Ltd.