Privacy Policy - Always Here

Last Updated: 12 December, 2022
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Introduction and purpose of this policy
1. TogetherAI Pty Limited trading as Always Here and its related entities TogetherAI USA, Inc and TogetherAI UK Limited (“us”, “we”, “our”) are committed to respecting your privacy. We will collect information about you through our website (the “Website”), the Always Here suite of Apps for parents, caregivers and children (the “App”, or “Always Here”) and any communications with you in relation the Website or App or our services.

2. When you use the App, you will be either a Child User or Parent Caregiver User (each a “User”). A Child User Account must be connected to a Parent Caregiver User Account.

3. Part 1 of this Privacy Policy (the “Policy”) sets out the general provisions of this Policy, including describing how we collect, use, share or otherwise process your information, and what data protection rights you have. Part 2 of this Policy provides additional details about (among other things) how we collect and process personal information from our UK, EU, Australian and New Zealand Users (respectively).

4. This Policy applies to you as follows:

For users based in the UK or European Economic Area (“EEA”), TogetherAI UK Limited (registered office is Squire Patton Boggs (Uk) Llp (Ref: Csu) Rutland House, 148 Edmund Street, Birmingham, United Kingdom, B3 2JR) is the data controller of any information collected about you through the Website, App and any communications with us relating to the Website or App;
For users based in North America, TogetherAI USA, Inc (registered office is Corporation Trust Center, 1209 Orange Street, in the City of Willmington, Count of New Castle in Delaware 19801) is the data controller of any information collected about you through the Website, App and any communications with us relating to the Website or App; and
For users based in Australia and New Zealand, TogetherAI Pty Ltd (registered off is Level 2, 20 Hutchison Street, Surry Hills NSW, Australia 2010) is the data controller of any information collected about you through the Website, App and any communications with us relating to the Website or App.

5. We may update this Policy from time to time. Please check it regularly for updates. If you are not happy with any of the changes, you should stop using the Website and App. When required by law, we will tell you about any changes to this Policy either directly or by posting the changes on the Website/App.

Part 1 | General

CHILDREN’S PRIVACY PRACTICES

6. Our Website and App collect and use personal information relating to children including disclosing that data to their Parent/Caregiver in order to provide our services, subject to parental consent where required by applicable law as set out in this Policy, and more specifically as follows:

When a child registers, they provide personal and demographic information;
We monitor the child’s use of our Website, App and any third party services that the child or Parent/Caregiver link to our services;
Children can respond to questions through the App (including open text response) and input and disclose information through our services, including about how they feel and what they are thinking;
We use this information to make inferences about the wellbeing of the child, including through the use of artificial intelligence, and may share that information with the child’s Parent/Caregiver, for example to provide tips and suggestions to the Parent/Caregiver about how to effectively communicate about the child’s wellbeing.
If you are the Parent/Caregiver you may contact us as set out in Section 11 below and ask to review or delete your child’s personal information at any time.

HOW WE COLLECT INFORMATION ABOUT YOU

7. Information you provide to us directly. We will collect information from you when you register for an account, use the Website or App or communicate with us.

8. Information we collect from third parties. Where you are a Child User, we may collect information about you from your parent or caregiver when they register for an account. When you allow the App to monitor the third party apps you have on your devices (such as your mobile phone), such as social media and messaging apps, we may collect information about you those platforms. We do not control the privacy practices of those third parties.

9. Information collected automatically or inferred. We may collect technical information about your use of the App, such as details of your computer or other device, your IP address and network usage details.

10. We may combine information that we receive from these sources and use it for the purposes described below. We only use your personal information to provide you with our services through the App and as otherwise required by law.

THE TYPES OF INFORMATION WE MAY COLLECT

11. The types of information we may collect about you include:

Identifiers such as your name and date of birth, your contact details, such as postal address, email address, phone number, account information, such as account number, account name, username and password, account creation date, and social media identifiers (e.g., Instagram name etc.) any unique personal identifier, online identifier and IP address.
Health data: Where you are a Child User, we may collect information relating to your mental or physical health or wellbeing.
Proof of legal guardianship or parentship for a Parent Caregiver User to register an account and confirm that the Child User is the child of a Parent Caregiver User.
IT, internet or other electronic network activity information, such as the devices accessing Always Here, the amount of time you spend on Always Here and how you use it.
Communications data such as:
(i) communications through the “companion” chatbot on the App, completing forms or surveys on the App and in-App conversations between Child Users and Parent Caregiver Users;

(ii) communications through Help on Demand live chat sessions between a User and our trained LiveChat counsellors;

(iii) data collected from external/third party apps that are linked to Always Here such as data from devices (e.g. sleep and exercise data), music accounts, social media and messaging apps; and

(iv) communications with us, including our support team.
Inferences drawn about you using our algorithms and artificial intelligence to build profiles of individuals and families and understand differences in a child’s behaviour or feelings which may have resulted from positive or negative experiences.

12. You do not have to provide us with your personal information, but, if you do not provide it, you cannot use the App. However, you can browse our Website, such as the pages that generally describe our services and our Contact Us page. When you submit a form on our Website or become a user of Always Here we will need to collect personal information in order to identify you and so that we can provide you with the App and our services.

WHY WE USE INFORMATION ABOUT YOU

13. We will only use information about you for the purposes of providing our Website, App and our services, or as required by applicable laws.

14. More specifically, we may process information about you:

To provide the Website and App and maintain your account, including to communicate with you in the context of your use of our Website and App. Where you are a Child User, we will use the information you provide when you use the App, and data we collect about you, for example, from your parent or caregiver and from the social media platforms you use, to help us to understand what you are thinking and feeling. We will use that information to alert your parent/caregiver to any wellbeing issues that they may want to help you with and to provide them with guidance about how to approach this.
For our own internal business purposes, such as debugging to identify and repair errors that impair the functionality of our systems and improve the quality of your interactions with us (including obtaining feedback you provide) and maintain proper business records and other relevant records. We also use anonymized data (that does not identify you) to perform internal research, quality assurance, conduct data analysis and testing, to evaluate or audit the usage and performance of our Website and App and to improve, operate and maintain them. We may also use this de-identified data to develop case studies and marketing materials.
For security of Always Here, our users, employees, or others, by detecting security incidents and protecting against malicious, deceptive, fraudulent, or illegal activity.
For legal and compliance purposes, such as compliance training, investigating and responding to claims against us, due diligence purposes and tax requirements.
In connection with a transaction, such as if we, or some of our assets, are acquired by another company, including through a sale or in connection with a bankruptcy, we may share your information with that company.

DISCLOSURE OF YOUR PERSONAL INFORMATION

15. We may share your information with the third parties described below. We do not sell your information to any third party.

Parents and Caregivers. Where you are a Child User, we will use the information we collect about you when you use the App and Website to provide your parent or caregiver with tailored wellbeing suggestions and materials and to notify them about any potential issues you might be experiencing. Your parent or caregiver will also receive communications you send to them through in-App conversations.
Service Providers. We share your information with our service providers where it is necessary for them to assist us to provide the App and Website or support our relationship with you, such as cloud hosting providers, data modelling tools, email hosting providers, online CRM providers and error monitoring providers. We share anonymous data with analytics providers.
For Legal, Security or Safety Purposes. We may also share your information when required to do so by law. For example, we may provide the police or another professional agency with information about you because of concerns about your safety. We may also share your information to enforce or apply our Terms of Use and other agreements; and to protect our rights and the property or safety of us, our employees and users, or third parties.
In Connection with Corporate Transactions. We may disclose your information to buyers, their lawyers or advisors, where needed to affect the sale or transfer of business assets.

AUTOMATED FUNCTIONALITY

16. Always Here includes automated functionality that evaluates a Child User’s device usage and interactions by and from the Child User through their device and assesses the likelihood that such interactions and usage may impact the Child User’s wellbeing. This assessment impacts the creation and availability of personalised health wellbeing suggestions made available via the App to the applicable Parent Caregiver Users and Child User. However, this automated functionality is not used to make decisions that have legal or similarly significant effects.

RETENTION

17. We will only keep your information for as long as necessary to fulfill the purposes for which the information was collected, primarily to provide the App and our services. We will keep information about Child Users and Parent Caregiver Users for the duration of their account with us. We may keep your information for longer where we are required by law to do so. For more information on how long your information may be kept, please contact us at hello@togetherai.com.

COOKIES AND OTHER TRACKING TOOLS

18. We may set cookies and other tracking technologies on your device. For more information, please click here to see our Cookie Policy.

CONTACT DETAILS

19. Any person who wishes to contact us for any reason regarding our privacy practices or the personal information that we hold about them, to exercise their data protection rights or make a privacy complaint, may contact our Data Protection Officer at dataprivacy@togetherai.com.

ACCESSIBILITY

20. We are committed to making the Website accessible to all people. That includes making the Website accessible to users who have disabilities. The Website has been designed to ensure that it meets or exceeds the requirements of World Wide Web Consortium (W3C) Web Content Accessibility Guidelines (WCAG) 2.0. It is our goal to ensure that content is posted in a format that conforms to WCAG for web content and that the Website is accessible with software designed for use by persons with disabilities. If you have comments or suggestions for the improvement of the Website, or to making it more accessible for all users, or if you encounter difficulty accessing the information on the Website, please contact us at hello@togetherai.com.

Part 2 | Specific information for EU, UK, NZ & Australian users

ADDITIONAL INFORMATION FOR INDIVIDUALS RESIDING IN THE UK OR EEA

21. The following paragraphs 22 – 30 of this Policy apply to Users and other persons residing in the UK or EEA pursuant to the General Data Protection Regulation (EU) 2016/679 (GDPR).

Data Protection Rights

22. If you are based in the UK or EEA, you have the following rights under the GDPR in relation to the personal information we hold about you, to request:

Access to the personal data we hold about you (commonly known as a "data subject access request") including a copy of it;
The correction of the personal information that we hold about you if it is incomplete or inaccurate, although if you hold an account with us, you may be able to do this in certain cases yourself by updating your account information on our Website or App;
The deletion or removal of personal data we hold about you where there is no good reason for us continuing to process it or where you have exercised your right to object to processing (see below);
For our processing of your personal information to be restricted in certain circumstances, for example if you want to establish its accuracy or the reason for processing it; and
To obtain a copy of the personal information you’ve provided us with and to reuse it elsewhere or to ask us to transfer it to a third party of your choice.

23. We may ask you for proof of your identity before dealing with your request, as a security measure to protect your data.

Right to Object

24. Where we are processing your personal data on the basis of our legitimate interests, you can ask us to stop processing it and we must do so unless we believe we have an overriding legitimate reason to continue processing your personal data or if we need to process it for the establishment, exercise or defence of legal claims.

25. If you are not happy with how we have handled your personal data, you have the right to make a complaint to your data protection regulator. In the UK, this is the Information Commissioner's Office (ICO). You can make a complaint to the ICO by calling their helpline on 0303 123 1113 or on their website at www.ico.org.uk/concerns.

26. We would, however, appreciate the chance to deal with your concerns before you approach the ICO or, (if you’re based outside of the UK, your data protection regulator), so please do contact us in the first instance.

Legal Basis

27. If you are based in the UK or EEA, we will only use your information where we have a lawful basis to use it. We will only use your data:

where it is necessary for us to perform our contract with you. For example, where you are a Parent Caregiver User, to provide our services, to comply with our End-User Licence Agreement and set up and maintain your account on the App;
in a way which might reasonably be expected as part of running our business and which does not materially impact your interests, rights or freedoms. For example, for safety and security reasons, such as the processing of personal information to verify accounts and activity, to monitor suspicious or fraudulent activity, and to identify violations of our policies and to provide users with the wellbeing services contemplated by the App. Please get in touch with us using the contact details provided above if you would like further information about this;
where it is required to comply with our legal obligations. For example, to pass on details related to fraud or safeguarding concerns;
where it is necessary to protect your or another individual’s vital interests. For example, where you are a Child User, we may share information about you (including health data, which is categorized as ‘special category data’ under data protection laws) with your parent/caregiver, the police or another agency if it is necessary to protect your vital interests; or
where you have consented to our use of your information. For example, where you are a Child User, we will only process information about you (including health data) where you have explicitly consented or where your parent/caregiver has done so on your behalf.

International transfer of Personal Information

28. As we are a global business, it may be necessary for the personal data that we collect from you to be transferred to, or accessed from outside the UK or the EEA in order for us to provide the Website and App. For example, it may be accessed by our Australian group company, TogetherAI Pty Ltd, in limited circumstances, for example, for internal administrative purposes, or to our service providers who are located or access personal data from outside the UK/EEA. Since TogetherAI Pty Ltd is not established in the EU, it has appointed The DPO Centre Europe Ltd (Alexandra House, 3 Ballsbridge Park, Dublin, DO4c 7H2), as its EU representative for data protection in accordance with Article 27 of the GDPR.

29. If we do this, we have measures in place to ensure your data is protected in accordance with UK data protection laws. Where we transfer your personal information to countries deemed to provide an adequate level of data protection by the UK Government, we rely on that decision to transfer your personal information. For transfers to group companies and service providers outside the UK or the EEA where no adequacy decision applies, we use standard contractual clauses or other transfer tools provided for in the applicable data protection legislation to protect your personal information. Any transfer of your personal data will follow applicable laws and we will treat the information according to the principles set out in this Policy.