Australian Sport Learning Centre User Terms and Privacy Collection Notice
Below are the Australian Sports Commission (ASC) Australian Sport Learning Centre (ASLC) Terms and Conditions of Use and Privacy Collection Notice (collectively ‘the Terms’). The Terms are important because they:
- Outline the legal rights and responsibilities of the ASC
- Explain your legal rights responsibilities, as well as the rights you give to the ASC, when you use the ASLC
- Describe the rules everyone needs to follow when using the ASLC.
- The ASLC is an online learning and development platform operated by the ASC.
- In accessing the ASLC, you agree to comply with and be bound by the provisions set out in the Terms.
- If you are under 18 years of age you must also obtain the agreement of your parent or guardian prior to accessing the ASLC.
- The ASC may vary the Terms at any time by notice to Users, including by notice through the ASLC.
2. ASLC User Terms
2.1 ASLC account
- You may create an ASLC profile and a user account for the ASLC if you are five years of age or older as at the date of seeking to create the profile and user account.
- On establishing an ASLC account, the ASC will allocate you with a username, password and any additional details that may be required to access your ASLC account.
- You must:
(i) only access the ASLC using your personal username, password and other authentication details allocated to you by the ASC;
(ii) not permit any unauthorised person to access the ASLC using your username or password;
(iii) keep your username and password secure at all times and not disclose your password to any unauthorised person;
(iv) advise the ASC immediately if you suspect that the security of your ASLC account may have been compromised;
(v) ensure that any information you provide to the ASC in relation to your ASLC account is accurate and up-to-date
- The ASC may at its discretion, limit, suspend, or terminate your access or use of the ASLC, or your ASLC account, at any time.
- The ASC may vary the Terms from time to time. When the Terms are updated a notice will be given to existing Users. By continuing to access the ASLC you acknowledge that you have had the chance to review and consider the updated Terms, and that you understand, and agree to be bound by those Terms.
2.2 Use of ASLC
- You are responsible for any information or content that you submit to the ASLC, including any Personal Information.
- You may only access those sections of the ASLC to which you have been specifically granted access by the ASC.
- The ASC will take all reasonable measures to protect your content in accordance with the Terms and respond to User support queries within a reasonable time.
- You must use the ASLC only:
(i) for lawful purposes;
(ii) in a manner that does not infringe the rights of others or restrict or inhibit the use and enjoyment of the ASLC by any other person; and
(iii) in accordance with any Support/FAQ information provided in the ASLC, and the Terms.
- You must not, nor allow or permit any person under your direction or control to:
(i) submit or transmit via the ASLC any unlawful, defamatory, obscene, offensive material, or any material that constitutes or encourages conduct that would contravene any law;
(ii) introduce any Harmful Code (including any virus, disabling or malicious device or code, ‘worm’, ‘trojan’, ‘time bomb’ or other harmful or destructive code) into the ASLC;
(iii) interfere with the operation of the ASLC or abuse, overload, disrupt or threaten the security of the ASLC or any other ASC networks or system; or
(iv) use any software (like bots, scraper tools etc.) to access, monitor or copy the ASLC or its contents, including Learning Content, unless the ASC has given you written permission in advance.
- You acknowledge and agree that:
(i) the ASLC may not always be available and may not always work as intended;
(ii) the ASC may change the functionality of the ASLC. The ASC will endeavour to notify you of material changes in advance but may not always be in a position to do so;
(iii) Learning Content within the ASLC may have been developed by the ASC or by third parties;
(iv) the ASC does not warrant or make any representation as to the content of any external resources or websites linked to within the ASLC;
(v) external material on, or linked to via the ASLC site may include the views of individuals that are not necessarily the views of the ASC or other ASLC users; and
(vi) the ASC may (at its discretion) remove any content from the ASLC that the ASC considers to be inappropriate or in violation of these Terms or of any applicable laws.
2.3 Intellectual property and use of your content
- All copyright, trade marks and other intellectual property rights subsisting in the ASLC, including Learning Content (ASLC IP), are owned by the ASC, the Commonwealth or third parties, and are protected by the laws of Australia. You are only permitted to use the ASLC IP for the purpose of your own personal or professional education and training or as otherwise permitted by law.
- The ownership of any content that you provide to the ASC via or in connection with the ASLC, remains unchanged by these Terms.
- However, you agree that the ASC may permanently use, reproduce, adapt, modify and communicate (including a right to sublicence) any content that you provide to the ASC via or in connection with the ASLC, for the ASC’s purposes. You agree to do all things necessary to ensure that the ASC will have full rights to use the content in accordance with this clause.
2.4 Privacy and Personal Information
- The ASC will collect and handle certain Personal Information in connection with its management of the ASLC. You agree to the collection, use and disclosure of your Personal Information as set out in the Privacy Collection Notice below.
- You agree:
(i) to only collect, use and disclose Personal Information in connection with the ASLC, in compliance with the Privacy Act obligations in relation to Personal Information; and
(ii) not to commit any act, omission or engage in any practice which is prohibited by the Privacy Act, or to do any act or engage in any practice which if done or engaged in by the ASC, would be a breach of an Australian Privacy Principle contained in the Privacy Act.
2.5 Communications to you
- You agree that the ASC may send you communications to the contact details you supply to the ASC via the ASLC, for the purpose of providing development and training and associated assistance.
2.6 Liability and warranties
- The ASC allows you access and use of the ASLC and the Learning Content on an 'as is' basis and access and use is at your own risk. To the maximum extent permitted by law, the ASC does not give any representation or warranty of any kind, whether express, implied, statutory or otherwise in respect to the availability, currency, completeness, quality or reliability of the ASLC, or that it will be fit for any particular purpose or will not infringe any third party rights including intellectual property rights.
- To the extent permitted by law, you release the ASC from all liability, loss, damage, cost or expense (including indirect and consequential loss and damage) suffered by you, or any other person, however arising, due to the use of, or reliance on, the ASLC and the Learning Content, any inability to access the ASLC and the Learning Content, or any damage to your computer systems or loss of data.
- Without limiting the above, the ASC does not warrant that the ASLC is or will be free from any errors or viruses or that your use of the ASLC will be otherwise uninterrupted.
- These Terms do not create any partnership, joint venture or agency relationship between you and the ASC. Neither you nor the ASC may enter into agreements or incur any liabilities on behalf of the other party or represent to any person that it has authority to do so.
- If any part of these Terms are for any reason invalid or unenforceable, that part must be read down to the extent necessary to preserve its operation. If it cannot be read down, it must be severed.
- These Terms are governed by the law in force in the Australian Capital Territory. The parties submit to the jurisdiction of the courts of the Australian Capital Territory.
3. Privacy Collection Notice
- The ASC is permitted to collect Personal Information to perform its functions and powers under the Australian Sports Commission Act 1989 (Cth), including for the purposes of supporting and administering sport in Australia.
- The ASC is bound by the provisions of the Privacy Act, including the APPs, and the Australian Government Agencies Privacy Code, which together govern how the ASC collects, holds, uses and discloses Personal Information.
- If further information about this Privacy Collection Notice is required, please contact the ASC Privacy Officer at email@example.com.
(i) how you can access and correct your Personal Information held by the ASC; and
(ii) how you can make a complaint if you think the ASC has breached its privacy obligations.
3.3 Collection of Personal Information through the ASLC
- The ASC will collect Personal Information through the ASLC when you register or login to access and use the ASLC, and when you participate and submit information through the ASLC’s online learning activities.
- If the ASC does not collect your Personal Information within the ASLC, it is unable to offer use of the ASLC services to you.
3.4 Purpose of Collection
The ASC collects Personal Information through the ASLC for purposes which include:
- to identify you, register you as a User and to manage your access to the ASLC;
- to provide online learning services through the ASLC;
- to administer the ASLC;
- to communicate with Users; and
- to perform the ASC’s statutory functions and powers or any requirement under law.
3.5 Use or disclosure of Personal Information including to third parties
- The ASC will also disclose Personal Information within the ASLC to:
(ii) where you have completed a learning course on the ASLC, that is provided by an identified third party organisation (for example, Sport Integrity Australia or Disability Sports Australia) – to that organisation.
3.6 Overseas disclosure
3.7 De-identified data
- Data may be generated from a User's Personal Information in the ASLC and de-identified to remove the identity of individuals.
- The ASC may use and disclose to third parties such de-identified data for any purpose, including research and commercial purposes.
In the Terms:
- APPs means the Australian Privacy Principles as set out in the Privacy Act.
- ASC means the Australian Sports Commission, which also operates under the names ‘AIS’ and ‘Sport Australia’.
- ASLC means the Australian Sport Learning Centre, being the online learning system (its system, platform and storage and any successor system, platform or storage) operated by the ASC.
- Harmful Code means any virus, disabling or malicious device or code, ‘worm’, ‘trojan’, ‘time bomb’ or other harmful or destructive code.
- Learning Content means any program, course, module or the like made available through the ASLC.
- Personal Information has the same meaning as defined in the Privacy Act.
- Privacy Act means the Privacy Act 1988 (Cth) as amended or replaced from time to time.
- User means any user of the ASLC and, where the User is under the age of 18, includes the User's parent or guardian.