Terms and Conditions

-Contents-

Clause number:

Additional:

Annexure 1. data processing addendum, and;
Annexure 2. agreed data breach procedure ( GDPR and NDB)

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Welcome to TeachMe2online.com . TeachMe2online is the registered name for TeachMe2 Pty Ltd, ABN 53 640 004 413 and ACN 640 004 413. TeachMe2online is a teaching platform for the benefit of teachers, educators and students worldwide. (please also refer to clauses 2.1.18 and 2.1.19 below)

Please read this document carefully. It governs your relationship with us and sets out legally binding provisions which regulate your use of TeachMe2. This Terms of and Conditions of Use document is a contract between you, the user of TeachMe2online.com, and us, the owner and managers of the site.

We aim to ensure that the online experience of all users of TeachMe2 is as effective, enjoyable and as safe as possible. With this in mind we expect that the same high standards of integrity and propriety are observed by everyone using this site. For this reason, all users of TeachMe2 must agree to our Terms and Conditions of Use.

In accessing, browsing and/or using TeachMe2.com you are hereby agreeing to be bound by the following terms and conditions:

1    Acceptance and modification of these Terms and Conditions of Use

Please note: You may only access, browse and/or use TeachMe2 if you accept these Terms and Conditions of Use.

1.1 By accessing, browsing and/or using TeachMe2, you will be deemed to have confirmed that you have read, understood and wholly and unconditionally agree to these Terms and Conditions of Use.
1.2 We may modify and/or replace these Terms and Conditions of Use from time to time without notice. We will always upload the latest version of these Terms and Conditions of Use to this webpage.
1.3 If you accept our Terms and Conditions, you are also pledging that in your interactions with your students on this site your will always act in the best interests of your students, and with the highest professional integrity as a teacher/tutor/trainer/ instructor or educator.
1.4 If you do not wish to accept these Terms and Conditions of Use (as well as our data processing addendum and the agreed data breach procedure) you must not and cannot use TeachMe2 or any part of it.

2   Definitions and Interpretation

2.1 Definitions

In these Terms and Conditions of Use:

2.1.1 Australian Consumer Law means schedule 2 to the Competition and Consumer Act 2010 (Cth).
2.1.2 Carer means someone who is responsible for looking after another person, this includes the supervision of a student using TeachMe2, or someone making payment for a student’s use of TeachMe2.
2.1.3 Child protection issues relate to, but do not exclusively include, the protection of children from violence, exploitation, and abuse. This definition refers to the presentation, communication or exchange of explicit and violent images, sexually suggestive or pornographic material or acts, and graphic sexual matters in any form, and includes reference to the requirements of the Children’s Online Privacy Protection Act (COPPA).
2.1.4 Class refers to a group of students enrolled in an online lesson on a particular subject as determined by the teacher.     
2.1.4.1 Online Tuition refers to learning activities created through live classes, webinars or social media streaming made available through the use of the TeachMe2 platform. Online tuition is provided by a teacher (clause 2.1.19) for the educational benefit of a student (clause 2.1.18) enrolled with TM2.
2.1.5 Client is in the context of delivering platform services through the use of this site. A teacher is a client of TeachMe2 Pty Ltd when using the facilities of this site for teaching or instruction. A student or students is/are clients of the teacher who provides tuition and instruction using the resources of this site. A client provides payment for services rendered.
2.1.6 Course refers to a sequence or series of lessons in any subject containing a progressive build-up of content, knowledge, understanding or skills, and has a clear content beginning and a defined content endpoint as determined by the teacher. A course may include assessment.
2.1.7 Data Protection Laws means any applicable privacy laws including the Privacy Act 1988 (Cth) (the “Privacy Act”) and where applicable the General Data Protection Regulation (GDPR) (EU) 2016/679 (the “GDPR”).
2.1.8 Educator means a person who uses TeachMe2 for the sole purpose of delivering online lesson content and instruction to a student or students in a particular subject listed on TeachMe2. In this context an educator has the same meaning as “teacher”(also see clause 2.1.19).
2.1.9 GST has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth). The GST is a value-added tax levied on most goods and services sold for domestic consumption. The GST is paid by consumers in Australia. From July 2018 all Australian consumers are required to pay a 10% goods and services tax on all online services. Australian teachers, educators and instructors using TeachMe2 as an income source are advised to seek independent advice on the GST, and to make their own arrangements for the payment of the GST on any income made through TeachMe2.
2.1.10 Intellectual Property Rights means all copyright, trademark rights, patent rights, and design rights, whether registered or unregistered, and all other rights to intellectual property as defined under article 2 of the convention establishing the World Intellectual Property Organisation, and all rights to enforce any of the foregoing rights.
2.1.11 Lesson refers to a single online period of instruction lasting anywhere between 15 minutes  and 4 hours. A lesson is the same as a session. (see clause 2.1.17)
2.1.12 Moral Rights has the meaning given in the Copyright Act 1968 (Cth).
2.1.13 Net Tuition Fee refers to the advertised tuition fee, multiplied by the number of student payments, minus PayPal transaction fees, and any refunds paid to students enrolled in a class or classes for that teacher. TM2 receives 20% commission on the Net Tuition Fee.  
2.1.14 Period of Instruction means one or more lessons  over a length of time in a subject, with a start date and an end date determined by the teacher. The period of instruction for any subject is at the discretion of the teacher. The sequence of lessons within a period of instruction may occur during a day, week or over several weeks, and may include assessment. (refer also to sub-clause 2.1.21.1). A period of instruction occurs within a teaching block (clause 2.1.15).
2.1.15 Teaching Block  contains one period of Instruction (clause 2.1.14). A teaching block has a start date and an end date, and may contain any number of online classes and associated resources provided by the teacher. The number of teaching blocks for a TM2 subject is determined by the teacher.
2.1.16 Privacy Policy means our Privacy Policy located at www.teachme2online.com/privacy.
2.1.17 Session refers to a single online lesson lasting anywhere between 15 minutes to 4 hours. The term “session” is therefore synonymous with “lesson” (see clause 2.1.11).
2.1.18  Student means anyone who uses TeachMe2 for the sole purpose of receiving tuition/learning/instruction by engaging in a lesson, lessons or course for any of the subjects listed on TeachMe2. A “student” on TeachMe2 can be a school aged child, a teenager, or any adult wanting to learn about a subject on TeachMe2.
2.1.19 Teacher means a person who uses TeachMe2 to deliver content and instruction during a lesson, course, session, period of instruction or teaching block to a student or students for any subject listed on TeachMe2. The term “teacher” in this case is also synonymous with and has the same meaning as the term “tutor”, “trainer”, “instructor” or “educator”.
2.1.20 Subject on TM2 means a branch of knowledge within any one of the 9 categories on TM2.  Each subject on TM2 has its own subject card, sales page and a curriculum page.
2.1.20.1 Non-TM2 subject means a subject created by a registered TM2 teacher, and belonging in any one of the 9 TM2 categories.
2.1.20.2 Subject summary is a description which appears for each subject on that subject's Sales Page and is intended as a “reasonable” guide to the content for that subject. Is it not prescriptive of content and teachers may focus on one or more aspects of the teaching-learning description. Teachers wishing to go beyond the content or areas of knowledge stated in the subject summary should first contact administration before proceeding to do so.
2.1.21 TeachMe2online.com refers to the website address of this online teaching and learning platform. For purpose of clarity, TeachMe2online.com is also referred to synonymously as TeachMe2online, TeachMe2 or TM2.
2.1.22 Teaching services refer to all aspects of the provisions provided by the teacher to a student or students. This includes all methods of lesson delivery and instruction, communication with a student or students, as well as the preparation and marking of assessment tasks if appropriate.
2.1.22.1 Teaching sequence refer to successive lessons related to a particular subject.  The duration of a teaching sequence is referred to as a period of instruction and occurs within a  teaching block (clause 2.1.15). Teachers may have unlimited numbers of teaching sequences and related periods of instruction( refer also to clause 2.1.14).
2.1.22.2 Teacher registration A teacher must be registered to utilise the teacher facilities on TM2. To register, a prospective teacher must have no criminal conviction relating to child protection issues (clause 4.1.4), provide ID and appropriate credentials relating to the teaching of a particular subject or subjects.
2.1.22.3 Teacher subject proprietary rights. Registered TM2 teachers may apply to teach any subject or subjects on TM2 for as long as they wish to teach that subject or subjects. This includes listed TM2 subjects as well as approved non-TM2 subjects.
2.1.22.3  Teacher relinquishment of subject. A TM2 teacher may relinquish their right to teach a subject by informing TM2 administration at least 7 days before they intend to cease teaching. the subject or subjects concerned will then be re-advertised on TM2.
2.1.22.4 Teacher and subject inactivity. If there is no enrolment in a subject after 30 days from the date of teacher registration, the teacher will lose their propriety rights for that subject, which will then be re-advertised on TM2.
2.1.23 Terms and Conditions of Use means the terms and conditions set out on this webpage as amended by us from time to time.
2.1.24 Tuition refers to and is synonymous with online teaching and instruction in exchange for a fee, the amount of which is determined by the teacher. In this context, teaching has the same meaning as tutoring. Tuition refers to activities on live online classes and the learning resources provide by teachers to their students.
2.1.24.1 Tuition Fee refers to the amount of money paid by a student according to the advertised tuition fee appearing on the Sales Page of a subject. The tuition fee for a subject is set by the teacher of that subject. The tuition fee covers the tuition for all online classes and resources provided by the teacher for the advertised period of instruction or teaching block (clauses 2.1.14, 2.1.15).
2.1.25 User of TeachMe2online.com refers to anyone who accesses TeachMe2online. TeachMe2 or TM2 in order to:
a. produce, participate in, receive or view an online  lesson, lessons, a course, live session, webinar, podcast, blog post, or any materials or communications through the facilities of TeachMe2. This term includes students, teachers, or educators who avail themselves of the facilities of TeachMe2.
b. make an enquiry about the availability of teaching services in a particular subject or subject area through the “student help desk”.
c. deliver a live session, webinar, podcast or blog post or other teaching method to students enrolled in a particular course, session or teaching activity, using the facilities of TeachMe2.
d. investigate the use and/or details of TeachMe2 by accessing the various pages or links within the site.
2.1.26 You means you, the person who accesses TeachMe2 for any reason, whether or not you are a teacher, trainer, educator, instructor or student.
2.1.27 TM2 live classes may include webinars and live online classes according to the conditions and options available on NewZenler.com.  Webinar means literary a “web-based seminar”. This can include a workshop, lesson or presentation on any particular topic or learning area. A webinar can be pre-recorded or  interactive and live streamed to students, using the facilities of TeachMe2. Live classes can be real time or streamed to social media.
2.1.28 TM2 Subject Card refers to the subject information appearing on the front page Gallery view. A subject card gives a brief summary on the benefits of the subject, the name of the subject and an image pertaining to the subject. If the subject has a teacher the subject card will have the teachers name, avatar,  and a 5-star rating on the teaching of that subject.
2.1.29 TM2 Sales Page refers to the page entered when the subject card is clicked. The Sales Page provides a guide to the teaching content of the subject, and if currently being taught also provides a profile of the teacher, the tuition price ( sub-clause 2.1.24.1) of the subject, and details of online classes provided by the teacher.
2.1.30 We, our and us means TeachMe2 Pty Ltd ACN 640 004 413, ABN 53 640 004 413
2.1.31 Website means the TeachMe2 Website at www.teachme2online.com (and any pages of the Website) and also includes the TeachMe2 Services and any content, images, text and other information appearing on any page or screen of TeachMe2 and any source code and object code in TeachMe2.
2.1.32 Website Services means the teaching and learning services that we make available on TeachMe2 as set out in the TeachMe2 Services Description
2.1.33 Website Services Description means the description of the Website set out at www.teachme2online.com. Specifically, details are provided in the pages titled "Subjects", “About TM2”, “How TM2 works”, "TM2 for Teachers/Students" How to use TM2-Teacher/Student" , "Online Classes" . "Member Support"and in our "Community", "Blog" and “FAQ” page.

2.2    Interpretation

2.2.1 Headings and under linings are for convenience only and do not affect the construction of these Terms and Conditions of Use.
2.2.2 A provision of these Terms and Conditions of Use will not be interpreted against a party because the party prepared or was responsible for the preparation of the provision, or because the party’s legal representative prepared the provision.
2.2.3 Currency refers to the currency used in individual countries, or if and more appropriate the currency is Australian Dollars (AUD$) , US Dollars (USD$) or EURO.

3    References

A reference to a statute or regulation includes amendments where:
3.1 A reference to a clause is a reference to a clause of these Terms and Conditions of Use.
3.2 A reference to a sub-clause or paragraph is a reference to the sub-clause or paragraph in the clause in which the reference is made.
3.3 A reference to a person includes a reference to an individual, a partnership, a company, a joint venture, government body, government department, and any other legal entity.
3.4 The words “includes”, “including” and similar expressions are not words of limitation.

4    Access to and Acceptable Use of TeachMe2

4.1 Access to TeachMe2  

To use the facilities of TeachMe2, as a teacher, instructor, educator, or trainer (clause 2.1.19) you must:
4.1.1  be at least 18 years of age.
4.1.2  agree to the “Types of Personal Data that will be processed” for teachers in our Data Processing Addendum Clause 9  
4.1.3  be qualified and/or experienced in the area in which you wish to teach or give instruction. To gain access to the facilities of TeachMe2, all teachers, trainers and educators are required to send a record of their qualifications and experience to the administration of the TeachMe2 website.  We reserve the right to check on the voracity and accuracy of all or any of the applications we receive. A suitably qualified and/or experienced teacher may select more than one subject in which to teach, including a subject of their own creation.
4.1.4  not have any current or previous convictions relating to issues surrounding child protection (clause 2.1.3), including any violations of the requirements of the Children’s Online Privacy Protection Act (COPPA).  We reserve the right to seek advice from relevant authorities before registering any teacher (clause 2.1.19), with TeachMe2.
4.1.5  agree that the use of TeachMe2online.com website does not and cannot guarantee you an income, revenue stream, financial gain or advantage for you as a teacher, instructor, educator or trainer.
4.1.6   agree that TeachMe2 Pty Ltd is not responsible for any loss of income, money or revenue incurred by you through the use of the TeachMe2 website.
4.1.7  agree that you are responsible for providing your own advertising and marketing for your teaching- tuition services when using TeachMe2. However, as a registered teacher with TeachMe2. However:
4.1.7.1 you will have the right to advertise yourself and your subject through our administration on the “Teachers Available” section of the site.
4.1.7.2 you will be able to connect through our administration with students advertising for learning assistance in your subject area on the “Teachers Wanted” section of the site.
4.1.7.3 we will advertise your subject in our newsletter which will be published on a regular basis.
4.1.7.4 we may advertise your subject in any marketing conducted by TeachMe2.
4.1.7.5 we may use email broadcasts to promote your upcoming online classes.
4.1.7.6 we will advertise your classes on the "upcoming live classes" option of our Live Classes menu on the home page.
4.1.7.7you will have the ability to write blog posts on TM2 in order to promote your subject.
4.1.8  agree that TeachMe2online is not, and cannot be, held responsible for the number of student enrolments, or lack thereof, in your subject, session, course, or teaching area advertised  by you as a teacher.
4.1.9 agree that the advertised tuition fee  for your subject or subjects, is the total fee for all lessons in that subject or subjects for the particular advertised period of instruction (clause 2.1.14) within a teaching block (clause 2.1.15).
4.1.9.1 agree that the currency of the subject tuition fee is at the discretion of the teacher .
4.1.10 agree that you will provide an honest and accurate professional profile (bio), and an accurate summary of your lessons on the Sales Page of your subject.
4.1.10.1 agree that your lessons will reasonably follow some or all the content outlined in the subject description for your subject. You agree to notify administration and your students of any major shifts in focus from the subject description.
4.1.11  agree that you alone are responsible for and must obey the provisions of the copyright act, trademark laws or similar laws of a particular country in regard to the resources you use on TeachMe2.
4.1.12  agree that you are solely responsible for the payment of any taxes, surcharges, levies, duties, or any other form of government income law mandated by your particular country of residence, on any income you receive whilst engaging as a teacher  with TeachMe2.
4.1.13 agree that you absolve and indemnify TeachMe2 Pty Ltd of any claim for financial loss, liability or any form of litigation made against you as a teacher whilst using or as a result of using the facilities of this site.
4.1.14 agree that your business, company, firm or other entity has sufficient indemnity or other liability insurance to cover any claim or claims made against you whilst using or as a result of using the facilities provided by this site.
4.1.15 agree that TeachMe2 is not responsible for, nor legally liable for, any service interruptions, break down in picture or sound quality, transmission delays,  communication delays or breakdowns or cuts or delays to any of our services due to technological, climatic, physical or other factors which occur outside the control of TeachMe2 Pty Ltd and its administration.
4.1.16 first indicate your unequivocal acceptance of these Terms and Conditions of Use before proceeding to register or enrol with TeachMe2.  

4.2 Acceptable use of  TeachMe2  

You agree that:
4.2.1 using TeachMe2  to violate all or any legal rights of any person or company or other entity in any jurisdiction is strictly prohibited by these Terms and Conditions of Use;
4.2.2 using TeachMe2 in relation to crimes such as theft and fraud (monetary or otherwise) is strictly prohibited by these Terms and Conditions of Use;
4.2.3 using TeachMe2 in breach of laws relating to the protection of copyright, trade secrets, patents or other intellectual property and laws relating to spam or privacy and whether such violation is by way of the installation or distribution of “pirated” software or otherwise, is strictly prohibited by these Terms and Conditions of Use;
4.2.4 introduction of malicious programs into our network or servers (e.g., viruses, worms, Trojan horses, e-mail bombs) is strictly prohibited by these Terms and Conditions of Use;
4.2.5 revealing your account password and/or your TM2 ID verification tag  to others or allowing the use of your TeachMe2 teachers account by others is strictly prohibited by these Terms and Conditions of Use;
4.2.6 using another person’s name, username, email address or password or otherwise attempting to gain access to a TeachMe2 user account of any other person is strictly prohibited by these Terms and Conditions of Use;
4.2.7 using TeachMe2 to make fraudulent or misleading offers of teaching- tuition services or any other service, educational or otherwise, is strictly prohibited by these Terms and Conditions of Use;
4.2.8 using TeachMe2 to entice or encourage students to join or follow other online practices or services is strictly prohibited by these Terms and Conditions of Use;
4.2.9  using TeachMe2 to carry out security breaches or disruptions of network communication is strictly prohibited by these Terms and Conditions of Use. Security breaches include, but are not limited to, accessing data of which you are not an intended recipient or logging into a server or account that you are not expressly authorised to access or corrupting any data. For the purposes of this paragraph, “security breaches” include, but are not limited to, network sniffing, pinged floods, packet spoofing, denial of service, and forged routing information for malicious purposes;
4.2.10 using TeachMe2 to execute any form of network monitoring which will intercept data not intended for you is strictly prohibited by these Terms and Conditions of Use;
4.2.11 using TeachMe2 to circumvent user authentication or security of any of our hosts, networks or accounts or those of our customers or suppliers is strictly prohibited by these Terms and Conditions of Use;
4.2.12 using TeachMe2 to interfere with or deny service to anyone is strictly prohibited by these Terms and Conditions of Use;
4.2.13  using any program/script/command, or sending messages of any kind, with the intent to interfere with, or disable, any person’s use of TeachMe2 is strictly prohibited by these Terms and Conditions of Use;
4.2.14  sending unsolicited email messages through or to users of TeachMe2 in breach of the Spam Act 2003 (Cth) is strictly prohibited by these Terms and Conditions of Use;
4.2.15 use of TeachMe2 that will put TeachMe2 Pty Ltd, TeachMe2 Services or our reputation into disrepute is strictly prohibited by these Terms and Conditions of Use;
4.2.16 using TeachMe2 to send any form of harassment via email, or any other form of messaging, whether through language, frequency, or size of messages is strictly prohibited by these Terms and Conditions of Use;
4.2.17 use of TeachMe2 in breach of any person’s privacy (such as by way of identity theft or “phishing”) is strictly prohibited by these Terms and Conditions of Use;
4.2.18 using TeachMe2 to distribute or post spam, pornography, religious or politically motivated items, unsolicited or bulk electronic communications, chain letters, or pyramid schemes is strictly prohibited by these Terms and Conditions of Use;
4.2.19 using TeachMe2 to distribute viruses or other malicious items is strictly prohibited by these Terms and Conditions of Use;
4.2.20 using TeachMe2 for data mining is strictly prohibited by these Terms and Conditions of Use;
4.2.21 using TeachMe2 to upload and or distribute pornography, politically motivated messages or images, or other material unrelated to subject teaching is strictly prohibited by these Terms and Conditions of Use;
4.2.22 using TeachMe2 to entice, coerce or encourage another user or users (clause 2.1.25)  to participate in any form of sexual, illicit or otherwise inappropriate activity, including online grooming, is strictly prohibited by these Terms and Conditions of Use;
4.2.23 using TeachMe2 to verbally or otherwise insult, abuse,  harass or intimidate another user ( clause 2.1.25) is strictly prohibited by these Terms and Conditions of Use;
4.2.24 using any tools to access our client database is strictly prohibited by these Terms and Conditions of Use; and
4.2.25 user accounts which violate any part of these Terms and Conditions of use will be removed without notice. This may also result in the loss of any accrued tuition income and, if warranted, notification of the offence to an appropriate authority.    

4.3 Language of Instruction    

4.3.1 The language to be used in all live sessions on TeachMe2 is determined by the teacher but must take into account and involve the learning language of all students receiving the lesson, lessons, course, or period of instruction within a teaching block.

5 Communication, propriety and veracity of instruction

5.1 The teacher (clause 2.1.19) is solely responsible for the accuracy, readability, reliability of information, and the meaning of the images, text and the spoken word in all lessons provided by that teacher using any method of lesson delivery made available through the use of TeachMe2.
5.2 TeachMe2 will not be held responsible for any errors, false information, inaccuracies, mistakes, or misinterpretations by students or anyone else involved in any live class, webinar or social media streaming, or in any other form of lesson delivery or communication arising from the use of TeachMe2. The veracity and truthfulness of all lesson material and its delivery to a student or students is solely the responsibility of the teacher/tutor/trainer/ instructor or educator responsible for the delivery of instruction to that class.
5.3  A teacher who is the subject of a formal and verifiable complaint by a student or students regarding their conduct during  a lesson, period of instruction may not receive the tuition fee or fees paid by the student or students enrolled in that lesson, period of instruction or course.
5.4  In the case of clause 5.3, the tuition fee or fees will be refunded to the student or student minus PayPal transaction fees and the commission paid to TM2.
5.5  In the case of clause 5.3, the teacher will be required to provide reasonable cause why he or she should not be deregistered as a teacher with TM2.  

6 Uploaded videos, pictures, photos, logos or other materials using the facilities of TeachMe2

 6.1 The teacher (clause 2.1.19) or user (clause 2.1.25) of TeachMe2 will not under any circumstances upload pictures, photos, videos, pictures, diagrams or any other material or materials which are sexually explicit, offensive, or may cause offence, or which do not relate directly to the teaching subject under consideration. This includes material which relates to issues of child protection (refer to clause 2.1.3), and include pictorial, written, video or verbal material however used in a presentation or communication.  Failure to adhere to these conditions will result in termination of registration, and notification sent to the relevant authority.  

7 Payment of Fees by your Students

 7.1 The teacher is entitled to set a total tuition fee per student and to advertise this fee on the Sales Page of the subject taught by the teacher. This advertised tuition fee is for a  lesson or session, course, or period of instruction (clause 2.1.14) for any number of online classes  occurring within a teaching block (clause 2.1.15). However, this fee must be reasonable in terms of competing courses, periods of instruction or sessions, and have due regard to the financial circumstances of the student or students.  
7.2 The payment of tuition fee or fees or any arrangement for the payment of tuition fees by your student, or your student’s parent, guardian or designated carer (clause 2.1.2), is an agreement solely between you and your student or students or the respective parent, guardian, or carer. TeachMe2 Pty Ltd will not be held responsible for any cases involving fraud, unpaid fees, late fees or incorrect payment of fees by a student or a student’s parent, guardian or carer.  
7.3 The payment of a tuition fee or fees by a student, or by a student’s parent, guardian or carer (clause 2.1.2), is initially received by the TeachMe2 administration trust account through our payment gateway,  minus a PayPal transaction fees of 2.6% +30 cents (August 2022) on each payment. The final amount held in trust may also be affected by refunds owing to students enrolled in your class or classes (see clauses 10 and 11), through attendance issues detailed in clause 11. The total amount remaining after deductions is the teacher's  Net Tuition Fee (clause 2.1.13).


8 Payment and Commission  

8.1 On the completion of a teaching course, lesson or session, or period of instruction occurring within a teaching block ( clause 2.1.15), the Net Tuition Fee  (clause 2.1.13) held in trust will be forwarded to the teacher's  PayPal or nominated bank account  minus 20% commission  paid to TeachMe2 Pty Ltd.  
8.2 The teacher makes a Payment Request to the TM2 administration on the completion of a teaching course, lesson or session, or period of instruction occurring within a teaching block (clause 2.1.15) through the main menu option "Member Support", and then by completing the required details on "Teacher Payment".
8.3 You accept that TeachMe2 Pty Ltd receives a 20 % commission on the Net Tuition fee (clause 2.1.13), and that the remaining balance is transferred to your PayPal or nominated bank account. 

9 Student enrolment in a particular lesson, course or period of instruction within a teaching block

9.1 To book a single stand alone lesson, course or a period of instruction within a teaching block, the student will pay the appropriate tuition fee (also see clause 9.4 below) before the scheduled time of the commencement of that stand alone lesson, course, session or teaching block. The teacher determines the fee payable for either the stand alone lesson, course or a period of instruction within a teaching block.
9.2 The teacher determines the number of students enrolled in his or her lesson, course or period of instruction. The maximum number of enrolments per single lesson, course or period instruction is determined by the teacher.
9.3 The teacher may also determine the suitability of a student or students wanting to attend a particular lesson, course or period of instruction within a teaching block, and may refuse to enrol a student or students who are unsuitable in terms of background knowledge, language difficulties or previous or known behaviour issues.
9.4  The student or the parent/s, or a guardian/s, or a nominated carer/s (clause 2.1.2) of the student/s must pay the required advertised tuition fee in order to enrol and participate in a particular lesson, course or period of instruction on TeachMe2.
9.5 In the event that a particular lesson, course or period of instruction is fully booked according the number of enrolments determined by the teacher, then that particular lesson, course or period of instruction will become registered in the inactive mode. No further bookings are allowed, and any further payments will not be accepted.

10 Teacher: Cancellation, Reschedule and Refund policy

11 Student: Cancellation, Reschedule and Refund policy

11.1 A student who is unable to attend a scheduled online lesson, course, or period of instruction within lesson block must inform the teacher concerned and the TeachMe2 administration, regarding the refund of tuition fees, according to the conditions specified in clause 11.2.
11.2 Once the student has undertaken the step of cancellation as described in clause 11.1 above, the following refund conditions will apply:
a. Cancellation at least 7 days ( 7 days or more) before the scheduled start of a particular lesson, course, or period of instruction- full refund.
b. Cancellation at least 2 days ( 2 to 6 days) before the scheduled start of a particular lesson, course or period of instruction- 50% refund
c. Cancellation less than 2 days (1 day to the day of the lesson) before the scheduled start of a particular lesson, course or period of instruction- no refund.
11.3 The refund of tuition fee for cancelled lessons will be calculated as the advertised total tuition fee divided by the number of online lessons included in that tuition fee, multiplied by the number of cancelled online lessons, if the student provided the required 7 day notification.( clause 11.2 a)
11.3.1 In the case of a 50% refund for a cancelled lesson (clause 11.2 b), the calculation is as for clause 11.3 above, but the refund amount is divided by two.
11.4 A student may apply to reschedule a particular lesson, course or period of instruction within a teaching block by communicating this message to their teacher. It is up to teacher discretion as to whether the reschedule request is granted or not.
a. If rescheduling is not possible, and the student cannot attend the lesson, period of instruction or course, then the student must cancel their enrolment in that lesson, period of instruction or course according to the provisions in clause 11.2 above.  
b. If a student does not attend a lesson, course or period of instruction as scheduled by their teacher, and without prior notification to the teacher and administration of their non-attendance for that lesson, course or period of instruction within a teaching block, then that student will be deemed to have cancelled their lesson, course or period of instruction within that teaching block according to clause 11.2 c and is not entitled to a refund of their tuition fee for that lesson, course or period of instruction within the relevant teaching block.
11.5 If a student or students decide/s not to attend a lesson, course, or period of instruction rescheduled by the teacher then they are entitled to a full refund of the payment they made for that rescheduled lesson, course or period of instruction in which they were originally enrolled . 

12 Payment Sequence

You agree to the following payment sequence:

12.1 When a student makes payment for a particular online lesson, lessons, course or period of instruction within a teaching block the following sequence of events occurs:
a. Payment is received by the administration of TeachMe2, and not by the individual teacher. The payment is directed to the TM2 trust account minus PayPal Transaction fees.
b. The teacher advises the TM2 administration of the completion of their online lesson, lessons, course or period of instruction within a teaching block through the the 'Teacher Payment" option under the "Member Support" tab on the main menu.  
c. Once advised of the completion of the lesson, lessons, course or period of instruction in a teaching block by the teacher, the administration of TeachMe2 will direct payment to the teacher's PayPal account minus transaction fees, any student refunds,  and the 20%  commission owing to TM2. This is the teacher's net tuition payment amount ( clause 2.1.13)
d. The teacher receives the net tuition payment as a deposit in their nominated PayPal account. 

Annexure 1. – Data Processing Addendum for users of TeachMe2

This is an Addendum to the above Terms and Conditions of Use between the following parties:

PARTIES

TeachMe2 Pty Ltd (ABN: 53 640 004 413) trading as TeachMe2online.com, TeachMe2online, TeachMe2 or TM2 (“we”, “us”, “our”).

and

you, if you are a user (“you”, “your”).

RECITALS

We agree, or have agreed, to provide, and the User agrees, or has agreed to engage us, to provide the User with access to the teaching or tutorial features of www.teachme2online.com (collectively, the “Website”) under the Terms and Conditions of Use (the “Agreement”).

This Addendum addresses a number of compliance matters

References to GDPR

In addition, this Addendum outlines how we and the User will approach actual, potential or suspected data breaches that may occur from time to time with respect to personal information and/or personal data under the Agreement ‘held’ by both us and the User (“Jointly Held Personal Information”) pursuant to the Agreement for the purposes of The Privacy Amendment (Notifiable Data Breaches) Act 2017 (Cth) (“NDB Law”) and/or the General Data Protection Regulation (GDPR) (EU) 2016/679 (the “GDPR”).THE PARTIES AGREE AS FOLLOWS:

In this Addendum: any words starting with a capital letter shall have the meanings given to them in the Agreement unless otherwise defined in this Addendum; we and the teacher will each be referred to as a “party” and together the “parties”

“Teacher Personal Data” means personal data and/or personal information entered into the Website for us to process on the Teacher’s behalf; the words “controller”, “consent”, “processor”, “data subject”, “personal data”, “processing”, “processed”, “special categories of personal data”, “Data Protection Officer” and “process” shall have the meanings given to them in the GDPR;

the word “held” (and other forms of that word) has the meaning that ‘held’ is given in the Privacy Act 1988 (Cth) (the “Privacy Act”);

“personal information” has the meaning given in the Privacy Act

Interpretation

The rules of interpretation set out in the Agreement will apply to this Addendum, except where inconsistent with Data Protection Laws, in which case the interpretation provisions of the relevant Data Protection Laws will prevail.

The recitals to this Addendum form part of its operative binding terms. References to GDPR (General Data Protection Regulation)

1 Definitions and Interpretation

1.1 Definitions In this Addendum:
1.1.1 any words starting with a capital letter shall have the meanings given to them in the Agreement unless otherwise defined in this Addendum
1.1.2 we and the teacher will each be referred to as a “party” and together the “parties”;
1.1.3“Teacher Personal Data” means personal data and/or personal information entered into the Website for us to process on the Teacher’s behalf;
1.1.4 the words “controller”, “consent”, “processor”, “data subject”, “personal data”, “processing”, “processed”, “special categories of personal data”, “Data Protection Officer” and “process” shall have the meanings given to them in the GDPR;
1.1.5 the word “held” (and other forms of that word) has the meaning that ‘held’ is given in the Privacy Act 1988 (Cth) (the “Privacy Act”);
1.1.6 “personal information" has the meaning given in the Privacy Act.

In this Addendum, any provision which refers to an obligation of a party to comply with the GDPR, or the right of a party under the GDPR, only applies to the extent that the GDPR applies to the processing pursuant to Article 3 of the GDPR. The parties agree that if we process personal data on behalf of the Teacher and that such processing is regulated by the GDPR (where the processing is within the territorial scope of the GDPR as set out in Article 3 thereof) (“GDPR Data”), this Addendum will, in addition to the Terms and Conditions of Use, govern our and the Teacher’s commercial relationship for the purposes of the GDPR.

1.2 Interpretation

1.2.1 The rules of interpretation set out in the Agreement will apply to this Addendum, except where inconsistent with Data Protection Laws, in which case the interpretation provisions of the relevant Data Protection Laws will prevail.
1.2.2 The recitals to this Addendum form part of its operative binding terms.

1.3 References to GDPR

In this Addendum, any provision which refers to an obligation of a party to comply with the GDPR, or the right of a party under the GDPR, only applies to the extent that the GDPR applies to the processing pursuant to Article 3 of the GDPR. The parties agree that if we process personal data on behalf of the Teacher and that such processing is regulated by the GDPR (where the processing is within the territorial scope of the GDPR as set out in Article 3 thereof) (“GDPR Data”), this Addendum will, in addition to the Terms and Conditions of Use, govern our and the Teacher’s commercial relationship for the purposes of the GDPR.

2 Term of this Addendum

2.1 This Addendum will only apply while the Teacher has a TeachMe2 user Account and will automatically and immediately terminate upon termination or expiry of the Teacher’s TeachMe2 user Account or the Agreement for any reason.

3 Compliance with Data Protection Laws

3.1 Each party hereby agrees that it will comply with its obligations under all Data Protection Laws, including by collecting, holding, disclosing and otherwise processing personal information and personal data only in accordance with those laws and by maintaining all records and information required by any such laws.
3.2 The Teacher must not provide instructions to us with respect to Teacher Personal Data that contravene any Data Protection Laws. We will not have any obligation to process any such instructions or to process any personal data on behalf of the Teacher, if doing so would contravene any Data Protection Laws.
3.3 The Teacher must provide us with any information and otherwise cooperate with us, to the extent reasonably required by us to comply with our obligations under Data Protection Laws.
3.4 Each party must take reasonable steps to ensure that its employees, agents and contractors comply with Data Protection Laws.

4 The GDPR

4.1 With respect to the processing of Teacher Personal Data by us (as a processor) on behalf of the Teacher (as controller) within the scope of the GDPR, we shall, at a minimum retain a record of all categories of processing activities carried out on behalf of the Teacher by us, containing:
4.1.1 our name and contact details and those of the Teacher and, where applicable, our or the Teacher’s representative, and the data protection officer;
4.1.2 the categories of processing carried out on behalf of the Teacher;
4.1.3 where applicable, transfers of personal data to a third country or an international organisation, including the identification of that third country or international organisation and, in the case of transfers referred to in the second subparagraph of Article 49(1) of the GDPR, the documentation of suitable safeguards;
4.1.4 a general description of the technical and organisational security measures referred to in Article 32(1) of the GDPR. 4.2 In addition, with respect to GDPR Data, we agree that:
4.2.1 we will only process the personal data on documented instructions from the Teacher, including with regard to transfers of personal data to a third country or an international organisation, unless we are required to do so by Union or Member State law to which we are subject; in such a case, we shall inform the Teacher of that legal requirement before processing, unless that law prohibits such information on important grounds of public interest;
4.2.2 we will ensure that persons authorised to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality;
4.2.3 we will take all measures required pursuant to Article 32 of the GDPR
4.2.4 we will respect the conditions referred to in paragraphs 2 and 4 of Article 28 of the GDPR for engaging another processor;
4.2.5 taking into account the nature of the processing, we will assist the Teacher by appropriate technical and organisational measures, insofar as this is possible, for the fulfilment of the Teacher’s obligation to respond to requests for exercising the data subject’s rights laid down in Chapter III of the GDPR;
4.2.6 we will assist the Teacher in ensuring compliance with the obligations pursuant to Articles 32 to 36 taking into account the nature of processing and the information available to us;
4.2.7 at the choice of the Teacher, we will delete or return all the personal data to the Teacher after the end of the provision of services relating to processing, and delete existing copies unless Union or Member State law requires storage of the personal data; 4.2.8 we will make available to the Teacher all information necessary to demonstrate compliance with the obligations laid down in Article 28 of the GDPR and allow for and contribute to audits, including inspections, conducted by the Teacher or another auditor mandated by the Teacher.

5 Processing duration and de-identification

5.1 We may only process Teacher Personal Data on behalf of a Teacher while the Teacher has a TeachMe2 Account and then only while the relevant information is published on TeachMe2, and thereafter only for the purposes of deleting or returning Teacher Personal Data to the Teacher or complying with applicable law. 5.2 When the relevant Teacher ceases to access TeachMe2 and subject to this clause, at the choice of the Teacher, we shall delete or return to the Teacher all of the Teacher’s Personal Data in our possession or control. Where the Teacher requires that personal data to be returned, it must be returned to the Teacher after the end of the provision of services relating to our processing thereof (“Processing Conclusion Date”), and we must thereafter delete all then remaining existing copies of that personal data in our possession or control as soon as reasonably practicable, but in any event not more than thirty (30) days after the Processing Conclusion Date, unless applicable law requires us to retain the personal data. For the purposes of complying with those applicable laws, we must notify the Teacher of that requirement and only use such retained data for such purposes. 5.3 Notwithstanding clause
5.2, where the Teacher Personal Data is not GDPR Data and is personal information for the purposes of the Privacy Act, within the thirty (30) day period following the Processing Conclusion Date instead of destroying the personal information we may take all reasonable steps in the circumstances to de-identify the applicable Teacher Personal Data where it is no longer needed for any purpose for which it may be used in accordance with this Addendum or its Privacy Policy and the information is not contained in a Commonwealth record and we are not required by Australian law (or a court or tribunal order) to retain it.

6 Responsibility for consents, authorisations and approvals

6.1 The Teacher warrants and represents that he or she consents to, approves and authorises, and that it has or will obtain (and will in any event, maintain for the Term of the Agreement) any other necessary consents, approvals and authorisations including any consents and authorisations of Website users, and those of third party controllers where the Teacher is a processor), with respect to any Personal Data, to the extent that such consents, approvals and authorisations are necessary for us to process that personal data for the purposes of the Agreement pursuant to Data Protection Laws.

7 Teacher processing instructions

7.1 We acknowledge that we will not process any GDPR Data in our capacity as a processor, except pursuant to the Teacher’s instructions (including with respect to data transfers) unless applicable law to which we are subject requires other processing of that personal data by us, in which case we will inform the Teacher of that legal requirement (unless that law prohibits us from doing so on important grounds of public interest).
7.2 We may assume that the Teacher’s final and complete documented instructions to us to act as a processor on the Teacher’s behalf with respect to the processing of Teacher Personal Data are constituted by the following (“Teacher Instructions”):
7.2.1 the Agreement (including this Addendum incorporated into the Agreement); 7.2.2 the act of the Teacher uploading and/or entering of any personal data into the Website;
7.2.3 the communication by the Teacher with, or receipt of communications from, other Website users via the Website;
7.2.4 any settings selected, and/or configurations made, by the Teacher in the Website;
7.2.5 any reasonable written instructions provided by the Teacher to us; and 7.2.6 the Teacher and relevant Website users using the functionality of the Website to issue instructions to process personal data, such as, to delete personal data, export personal data or transfer personal data to a sub-processor. 7.3 We are not required to comply with the instructions of the Teacher with respect to the processing of personal data, where complying with the instructions would contravene any applicable law.It is the Teacher’s responsibility to ensure that only personal data of individuals that the Website is designed to process is uploaded or entered into the Website for processing on behalf of the Teacher.

8 Whose personal data will we process?

8.1 The Website is designed only to be used to process personal data of Website users.
8.2 However, the Website will automatically process any personal data uploaded or entered into it. For the avoidance of doubt, this includes the personal data of Teacher’s and any personal data entered into on the Platform by students when communicating with Teachers.
8.3 We may elect not to analyse all or any personal data uploaded or entered into the Website.
8.4 It is the Teacher’s responsibility to ensure that only personal data of individuals that the Website is designed to process is uploaded or entered into the Website for processing on behalf of the Teacher.

9     Types of Personal Data that will be processed

The types of personal data that will be processed by us in connection with the Agreement is Teacher Personal data, namely:

9.1 names;
9.2 contact phone number details
9.3 email addresses;
9.4 country of location
9.5 documents to verify identification such as colour copies of driver’s license, passport or  other suitable documentation. 9.6 bank or financial account details to facilitate payments to teacher.
9.7 qualifications, academic transcripts, references, or official notifications from an  educational institution, employer or legal entity.
9.8 details of the subject, course, session or educational activity /ies that the teacher wishes to advertise on TeachMe2.
9.9 student notification in regard to teaching services available on the website including but not limited to: a. information concerning a particular learning session, course, or other activity conducted by teachers on TeachMe2. b. notifications by a student or students, or by a parent, guardian or carer (clause 2.1.2) of a student or students, regarding learning quality, suitability, or the inappropriate or illegal teaching activity or activities by a particular teacher or teachers.
9.10 The Website will also process any other personal information that Website users voluntarily enter or upload onto the Website
9.11 We will process the types of personal data referred to in this clause on behalf of the Teacher in our capacity as a processor in order to provide the Teacher and other Website users with information regarding the functionality of the Website.
9.12 The operations and sets of operations that will be performed by us on personal data or on sets of personal data (whether or not by automated means) will include collecting, recording, organising, structuring, storage, adaptation or alteration, modification, copying, duplication, replication, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction of personal data, but only as required for the purposes of the Agreement.

10   Processing of Special Categories of Personal Data

10.1 We and the Teacher (or user) of TeachMe2 each agree that the Website is not to be used for processing of special categories of personal data without the prior written consent of both us. The Teacher must not and must procure that they will not, enter or upload any personal data that falls within the scope of special categories of personal data into the Website. Special categories of personal data are those revealing racial or ethnic origin, political opinions, religious or philosophical beliefs or trade union membership, or genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health, or data concerning a natural person’s sex life or sexual orientation as provided in paragraph 1 of Article 9 of the GDPR. 10.2 Notwithstanding clause10.1, we may process any Personal Data when necessary for the establishment, exercise or defence of legal claims or in any of the other circumstances referred to in paragraphs 2 and 3 of Article 9 of the GDPR.

11    Security

The technical and organisational measures that we have implemented, and will continue to implement to protect personal data against unauthorised or unlawful processing and against accidental loss, destruction or damage are as follows:
11.1 utilising HTTPS for all traffic via the website;
11.2 performing security testing, and maintaining other electronic (e-security)measures for the purposes of securing personal information, such as passwords, anti-virus management and firewalls;
11.3  requiring employees and contractors to comply with privacy and confidentiality terms and conditions in their employment contracts and  subcontractor agreements;
11.4  having a data breach response plan in place;
11.5 having data backup, archiving and disaster recovery processes in place;
11.6 having processes in place to ensure integrity and resilience of systems, servers and personal information; and
11.7 otherwise implementing the security requirements of Article 32 of the GDPR.  The Teacher warrants and represents that (taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of the processing of personal data by us as referred to in this Addendum, and the risks to individuals), the security measures referred to in sub-clause 1 provide a level of security appropriate to the risk in respect of the personal data to be processed by us on behalf of the Teacher pursuant to the Agreement.

12     Confidentiality

12.1 We must ensure that our personnel, appointed by us to process personal data entered into and/or uploaded into the Website by the Teacher and/or any Website user and/or captured by us from them or their use of the Website or interaction with us, have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.

13     Sub-processing

13.1 We will only engage new third parties to process GDPR Data for us to process as a processor on behalf of the Teacher (“sub-processors”) if the Teacher has authorised us to do so pursuant to a specific or general written authorisation from the Teacher.
13.2 As at the date of this Addendum, we are authorised to continue to engage the sub-processors already engaged by us to process GDPR Data. In addition, we are specifically authorised to engage any hosting providers deemed appropriate by us to host Teacher Personal Data.
13.3 In the case of a general written authorisation, we shall inform the Teacher of any intended changes concerning the addition or replacement of our sub-processors, thereby giving the Teacher the opportunity to object to such changes. If the Teacher objects to such changes, the parties must meet (physically or by telephone or online) within seven (7) days of the objection to discuss the changes. If the parties are unable to resolve any dispute about the changes, we may terminate the Agreement.

14     Cooperation between us and the Teacher

14.1 Any request made by any Website user or by any data subject pursuant to any Data Protection Law whose data is held by us on behalf of the Teacher, where such request is made directly to us, is to be referred to the Teacher and the Teacher must action any such request.
14.2 If we are obliged to provide cooperation to the Teacher pursuant to the GDPR or any other Data Protection Laws, all such cooperation will be at the cost of the Teacher payable at our standard rates then in effect, except where charging a fee for such cooperation is prohibited by Data Protection Laws.

15      Data breaches

15.1 Each party must comply with its obligations set out in the Annexure to this Addendum in relation to any data breach of Jointly Held Personal Information held or otherwise processed for the purposes of the Agreement, where the party is required to do so pursuant to Data Protection Laws.
15.2 All time spent by us complying with sub-clause 1 will be at the cost of the Teacher payable at our standard rates then in effect, except where the cause of any applicable breach of Jointly Held Personal Information was caused by our breach of Data Protection Laws or our obligations under the Agreement.

16      Indemnity

16.1 Each party (the first party) must indemnify the other party from and against any loss or damage incurred by the other party as a result of the first party’s breach of this Addendum.

17     Relationship of the parties

17.1  Each party hereby agrees for the purposes of this Addendum and the GDPR that, as between them, that we are the processor and the Teacher is the controller, in connection with any processing of GDPR Data carried out by us on behalf of the Teacher, as contemplated by this Addendum.
17.2 However, the parties also hereby agree that we have a legitimate interest in using any data entered into and/or uploaded into the Website by Website users, and/or otherwise collected by us for our own legitimate purposes (including for billing and product development, and for the purpose of enforcing our rights) – and to the extent that we use such data for those purposes, we will be the controller for the purposes of the GDPR and any other Data Protection Laws.
17.3 Where we are not a processor in connection with Teacher Personal Data, we will process that personal data in accordance with our Privacy Policy and all Data Protection Laws.

18     General

18.1 Amendment: We may amend this Addendum by written notice to the Teacher (“Amendment Notice”) if and to the extent the amendment is necessary to comply with Data Protection Laws or any amendments made to them, or the requirements of any applicable supervisory, government or regulatory authority, or to implement any standard clauses or comply with any certification or code of conduct approved by the European Commission or issued pursuant to the GDPR.
18.2 Assignment: Neither party may assign, transfer, license or novate its rights or obligations under this Addendum without the prior written consent of the other party (not to be unreasonably withheld).
18.3 Severability: If any provision of this Addendum is deemed invalid by a court of competent jurisdiction, the remainder of this Addendum shall remain enforceable. If a provision of this Addendum conflicts with any Data Protection Law affecting the parties’ commercial relationship, that provision will be severed and the remainder of this Addendum will remain enforceable.
18.4 Relationship: The parties are independent contracting entities. This Addendum does not create any relationship of partnership, joint venture, or employer and employee or otherwise.
18.5 Entire Agreement: This Addendum including the attached Annexure and any terms implied herein by any applicable Data Protection Laws constitute the entire agreement between the parties related to the processing of personal data by us on behalf of the Teacher and to the extent possible by law, supersede all prior understandings, representations, arrangements and agreements between the parties, regarding its subject matter.
18.6 Priority: To the extent this Addendum is inconsistent with any other provision of the Agreement, this Addendum shall prevail.

Annexure 2. – Agreed Data Breach Procedures for users of TeachMe2

If there is a suspected, potential or actual eligible data breach of Teacher Personal Data (“Breach”), the party that detects the Breach (the “Detecting Party”) must immediately notify the other party of the Breach by email with full particulars of the Breach to the other party.

Upon the Detecting Party detecting the Breach, it must also carry out the following actions:

If an eligible data breach of Jointly Held Personal Information has occurred for the purposes of the NDB Law (that has not been remedied in accordance with paragraph (d)), the Teacher must as soon as possible:
 - notify the Australian Information Commissioner of the eligible data breach;
 - and notify relevant individuals of whom the Jointly Held Personal Information relates to of the eligible data breach,in accordance with the NDB Law.

1. This clause 2 only applies to GDPR Data held or otherwise processed by us as a processor on behalf of the Teacher.

2. In the case of a personal data breach, we must notify the Teacher of a data breach that it becomes aware of without undue delay. The Teacher shall without undue delay and, where feasible, not later than seventy two (72) hours after having become aware of it, notify the personal data breach to the supervisory authority competent in accordance with Article 55 of the GDPR, unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons.

3. Where the notification to the supervisory authority is not made within seventy two (72) hours, it shall be accompanied by reasons for the delay.

4. The notification referred to in sub-clauses 2 and 3 shall at least:

5. Where, and in so far as, it is not possible to provide the information at the same time, the information may be provided in phases without undue further delay. 6. The Teacher shall document any personal data breaches, comprising the facts relating to the personal data breach, its effects and the remedial action taken. That documentation shall enable the supervisory authority to verify compliance with Article 33 of the GDPR.
7. When the personal data breach is likely to result in a high risk to the rights and freedoms of natural persons, the Teacher shall communicate the personal data breach to the data subject without undue delay as required under Article 34 of the GDPR.
8. The communication to the data subject referred to in sub-clause 7 shall describe in clear and plain language the nature of the personal data breach and contain at least the information and measures referred to in points (b), (c) and (d) ofArticle 33(3) of the GDPR.
9. The communication to the data subject referred to in sub-clause 7 shall not be required if any of the following conditions are met:

. the Teacher has implemented appropriate technical and organisational protection measures, and those measures were applied to the personal data affected by the personal data breach, in particular those that render the personal data unintelligible to any person who is not authorised to access it, such as encryption;
. the Teacher has taken subsequent measures which ensure that the high risk to the rights and freedoms of data subjects referred to in sub-clause 7 is no longer likely to materialise;
.  it would involve disproportionate effort. In such a case, there shall instead be a public communication or similar measure whereby the data subjects are informed in an equally effective manner

10. If the Teacher has not already communicated the personal data breach to the data subject, the supervisory authority, having considered the likelihood of the personal data breach resulting in a high risk, may require it to do so or may decide that any of the conditions referred to in sub-clause 9 are met.