Terms of Use and Privacy Policy
ACTBGA Website Terms of Use Policy
Introduction
ACT Block Grant Authority (“ACTBGA” “us” “we”) provides this website based on the Terms of Use (Terms) below. By accessing and using this website, you agree to the Terms, as well as the Privacy Policy and any other conditions set out in the specific services accessible via the website. If you do not agree with these Terms, do not use or access the website.
These Terms apply to all visitors and users of this website. Any changes made to the Terms of Use over time will be posted on this page.
General Prohibitions
You must not use this site, any tools offered through this website, or upload, post, transmit, or otherwise make available through this website any material which:
- violates or infringes the rights of others (including their intellectual property, privacy, and publicity rights);
- is unlawful, threatening, abusive, defamatory, vulgar, obscene, profane, or which amounts to an invasion of privacy or which may harass or cause distress or inconvenience to, or incite hatred of, a person;
- encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law;
- restricts or inhibits any other individual from using or enjoying this website;
- affects the functionality or operation of this website or its servers or the functionality or operation of any user’s computer systems (for example, by transmitting a computer virus or other harmful component, whether or not knowingly); or
- breaches any standards, content requirements, or codes promulgated by any relevant authority, including authorities that require us to take remedial action under any applicable industry code.
User Account Conditions
It is our duty to protect the confidentiality of the content you provide and information on our website in accordance with our Privacy Policy. If you create an account with us, you must always provide us with accurate information. Failure to provide accurate information violates the Terms, which may result in immediate termination of your account on our website.
Unauthorised use of your account must be immediately reported to ACTBGA. ACTBGA or our agents may require access to your user accounts to assist in providing our Services or to respond to technical issues.
If you wish to terminate your account, please send an email to admin@actbga.org.au.
Your contribution to the website may be edited, removed, or not accepted if we consider it inappropriate or in any way not compliant with the list of General Prohibitions mentioned above. However, we are not responsible nor do we take responsibility for the content on the website that has been provided by the users of the website.
Privacy
Any personal information provided to us, or collected by us will be managed in accordance with the ACT Block Grant Authority Privacy Policy.
Governing Law
These Terms shall be governed in accordance with the laws of Australia and the jurisdiction of the Australian Capital Territory.
Content
a) Website
The information on this website is intended as a summary and a general overview.
ACTBGA endeavours to ensure the accuracy completeness, adequacy, or currency of content, but makes no guarantees.
Use of the website is at your own risk and the ACTBGA does not warrant that the website or any attachments are free from viruses or other harmful software.
The information is by way of general commentary only, subject to change without notice, and does not constitute the giving of advice.
By using the website, you further acknowledge and agree that:
- we retain complete editorial control over the website and may alter, amend, or cease the operation of the website at any time in our sole discretion; and
- the website will not operate on a continuous basis; and
- the website may be unavailable from time to time (including for maintenance purposes).
b) Terms
At any time, the ACTBGA may change, modify, add, or remove any part of these Terms. The ACTBGA recommends individuals review these Terms from time to time.
Intellectual Property
The ACTBGA name and logo are the sole property of the ACTBGA, and no permission is given in respect of their use. This website and its contents are protected by applicable copyright laws and other intellectual property rights.
Unless otherwise indicated, the ACTBGA is the owner of the copyright and all other intellectual property rights in this website and its contents.
No part of this website may be reproduced, modified, copied or used for any commercial purpose without the prior permission of the ACTBGA.
You may retrieve and display the content of this website on a computer screen or print copies of material on this website in unaltered form for your own personal use, or for use within your organisation, so long as you give appropriate acknowledgment of the copyright owner and indicate that permission of the ACTBGA is required if the content is sought to be reproduced in any other format.
Privacy
Any personal information provided to us, or collected by us will be managed in accordance with the ACTBGA Privacy Policy.
Links and Third-Party Content
This website contains links to other websites over which the ACTBGA has no control. We make no representations about the accuracy or currency of the information on those websites, nor are we liable for their privacy practices, safety, content, performance, or availability.
You should review the terms and conditions on the other websites and ensure you have read and understood the terms that apply or otherwise impact you.
Legal Issues
The content of any material dealing with legal or professional issues is intended to provide an information resource of interest to our specific audiences. No material with legal or professional content constitutes legal or professional advice and you may not rely upon it as such.
You should seek legal and/or professional advice before acting or not acting on the basis of any information contained within this website, or any other website accessed via this website.
Your use of the website or your receipt of legal or professional material does not constitute a solicitor-client relationship, or any type of relationship, between you and ACTBGA or any of its employees, associates, agents or board members.
To the fullest extent permitted by law, the ACTBGA, its employees, and agents exclude all liability (including by way of negligence) to you, and you likewise indemnify the ACTBGA up to the fullest extent permitted by law (including by way of negligence) against:
- loss, damage, cost, or expense incurred due to any information or action taken within this website or any others accessed via this website;
- your violation of any part of these Terms; or
- your violation of any third-party right, including but not limited to any copyright, property, or privacy right.
Severability
If any part or section of these Terms is found to be invalid, then that part or section may be either reduced or severed to the necessary extent to make these Terms valid and enforceable.
Waiver
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
Entire Agreement
These Terms and our Privacy Policy are the entire and exclusive agreement between us and you regarding the website.
Cooperation with Authorities
We reserve the right to co-operate fully with any law enforcement authority or regulatory body in any jurisdiction in respect of a lawful direction or request to disclose the identity or other information about anyone posting materials that the authority or body claims violates any applicable law.
Contact Us
If you have a question or concern, you can contact us via one or more of the methods below.
Email: admin@actbga.org.au
Phone: 02 6285 1808
Address: Shop 9, 7 O’Hanlon Place, Nicholls ACT 2913
ACTBGA Privacy Policy
1. Introduction
1.1 The ACT Block Grant Authority (“ACTBGA” “us” “we”) is bound by the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth). The APPs govern the way in which we collect, use, disclose, store, secure and dispose of your information. APP 5 requires us to be open about the way we handle certain information, and to that end requires us to have a Privacy Policy. A copy of the APPs may be obtained from the website of The Office of the Australian Information Commissioner (OAIC) at https://www.oaic.gov.au
1.2 This Privacy Policy outlines our ongoing obligations to you regarding how we manage, use, provide, and collect your information.
2. Information Covered
2.1 Personal Information is information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.
2.2 Sensitive Information is information or an opinion that is Personal Information, and is about an individual’s racial or ethnic origin, political opinions, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual preferences, or criminal record and any health information about an individual. In contrast to clause 4.1, Sensitive Information will be used and disclosed only for the purpose for which it was provided or a directly related secondary purpose, unless agreed otherwise, or the use or disclosure of the Sensitive Information is allowed by law.
2.3 The Privacy Act 1988 (Cth) covers Personal Information and Sensitive Information. Both are referred to as “information” throughout this Privacy Policy.
This statement outlines the Privacy Policy of ACTBGA and describes how ACTBGA uses and manages personal information, including sensitive information, provided to or collected by it.
3. Information Collected
The type of information ACTBGA collects and holds includes (but is not limited to) personal information, including sensitive information, about Participant Schools and their staff, Committee Members, Consultants, School Visitors, Volunteers, Contractors and Job Applicants. Information may be collected in various ways, such as over the phone, in writing, in person, by email and through our website.
3.1 General
3.1.1 ACTBGA collects information for the primary purpose of providing services to entities associated with the operation of non-government schools in Australia (Participant Schools).
3.1.2 Information collected includes, but is not limited to, information about Participant Schools (including related entities and staff), committee members, consultants, volunteers, contractors and job applicants. Information may be collected in various ways, such as over the phone, in writing, in person, by email and through the ACTBGA website.
3.2 Website
3.2.1 Concerning the ACTBGA website, like many websites, we use “cookie” technology, and other similar technologies from partners such as Google, to collect additional website usage data and to improve our services. A “cookie” is a small data file that is transferred to your computer’s hard disk. We require cookies to operate the ACTBGA website and perform functions such as displaying page contents and processing form submissions.
3.2.2 Most internet browsers automatically accept cookies. You can instruct your browser, by editing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. Not allowing cookies may prevent you from being able to access portions or the entirety of the ACTBGA website.
3.2.3 Where possible, the ACTBGA will aim to ensure that all information obtained through cookies is only retained for up to seven (7) days for security reasons and website troubleshooting purposes.
3.2.4 We may also analyse and disclose the information obtained through programs such as Google Analytics. To learn more about Google Analytics, how it collects and processes data, and how you can opt-out please visit https://policies.google.com/technologies/partner-sites.
4. How ACTBGA Will Use the Information
4.1 The ACTBGA will use the information collected for the primary purpose of providing the services:
a. In relation to the provision of services to Participant Schools, the services include, but are not limited to, the following:
i. supplying information and/or assistance with the grant application process;
ii. administering and making decisions about program funding for Participant Schools and/or related entities;
iii. ongoing project administration; and
iv. identifying appropriate personnel to serve on ACTBGA committees.
b. In relation to job applicants, staff members and contractors, the services for which the ACTBGA uses information include, but are not limited to, the following:
i. to assess and (if successful) to engage the applicant, staff member or contractor, as the case may be;
ii. in administering the individual’s employment or contract, as the case may be;
iii. for insurance purposes; and
iv. to satisfy the ACTBGA’s legal obligations.
The ACTBGA may keep information on file if a job applicant is unsuccessful, in case another position becomes available.
c. In relation to volunteers, meaning individuals who assist ACTBGA in its functions or conduct associated activities, the services for which the ACTBGA uses the information concerning volunteers, include but is not limited to, assisting the ACTBGA and volunteers in working together.
4.2 In addition to clause 4.1, the ACTBGA will use the information for such other secondary purposes that are related to or are reasonably expected to relate to the primary purposes, or to which an individual or entity has consented.
4.3 When we collect information, where appropriate and where possible, we will explain why we are collecting the information and how we plan to use it.
5. To Whom ACTBGA Might Disclose Information
5.1 We will only disclose information where we need to, in order to advance your interests, or when we are required by law to disclose it.
5.2 Where it is reasonable and practical for us to do so, we will aim to ensure that you are aware whenever information is being disclosed to a third party.
5.3 Examples of to whom the ACTBGA may disclose information held about an individual or entity include, but are not limited to, the following:
a. another Block Grant Authority or similar organisation;
b. external service providers including, but not limited to IT service providers;
c. a government department, including any law enforcement agency;
d. a medical practitioner; and
e. anyone to whom an individual or entity has authorised the ACTBGA to disclose information.
5.4 In the event that the ACTBGA is involved in a winding up, merger, or reorganisation, your information may be transferred as part of that transaction. The provisions in this Privacy Policy will apply to your information as transferred to the new entity.
6. Management and Security of Information
6.1 The ACTBGA has in place methods to protect information held from misuse, loss, unauthorised access, modification or disclosure, including but not limited to:
a. the ACTBGA website using the HTTPS secure protocol with 128-bit encryption;
b. ensuring that members of staff of the ACTBGA respect the confidentiality of any information collected and the privacy of individuals or entities;
c. treating all information collected by the ACTBGA as confidential; and
d. storing information in secure locations, including but not limited to locked storage in the case of paper records and pass-worded access rights in the case of computerised records.
Further information about the way the ACTBGA manages information held, can be obtained via request per the process outlined in clause 9.5.
6.2 When information is no longer needed for the purpose for which it was obtained, the ACTBGA will take reasonable steps to destroy or permanently de-identify the information. However, most information is or will be stored in files which will be kept by us for a minimum of 7 years, or depending on the individual case, up to but no longer than a maximum of 20 years.
7. Access To and Updating Information
7.1 You are entitled to ask what information we hold about you in accordance with clause 9.5. We will, within a reasonable time, inform you of the information that we hold about you. You may then ask us to show you the information so that you can check to ensure that it is accurate, complete and up to date. We will give you access to the information for this purpose unless we are entitled to refuse access in certain circumstances, such as under relevant parts of the Privacy Act 1988 (Cth), in which case we must provide you with reasons for the refusal.
7.2 The ACTBGA may require verification of identity documents and details on the nature of the information requested.
7.3 The ACTBGA may charge a fee to cover the cost of verifying an application and locating, retrieving, reviewing and copying any material requested. We will advise the likely cost in advance if the information sought is extensive.
8. Overseas
8.1 It is a possibility that information held by the ACTBGA will be disclosed to overseas recipients in order to provide the Services.
8.2 We will not disclose your information to any overseas recipient unless one of the following applies:
a. the recipient is subject to a law or binding scheme substantially similar to the APPs, and you can access mechanisms to enforce the law or scheme;
b. you have consented to the disclosure after being expressly informed that ACTBGA will not be responsible for the recipient’s handling of your information; or
c. it is required or authorised by or under law.
9. General
9.1 Spam
9.1.1 The Spam Act 2003 (Cth) and associated regulations set the rules for commercial electronic messages.
9.1.2 It is the ACTBGA’s policy not to send any unsolicited messages.
9.2 Data Breach
9.2.1 The Privacy Amendment (Notifiable Data Breaches) Act 2017 (Cth) requires us to conduct an assessment within 30 days of a potential “eligible data breach” occurring. This occurs when there is unauthorised access to or unauthorised disclosure of your information, credit reporting information, credit eligibility information or tax file number information and such unauthorised access or disclosure is likely to have serious physical, psychological, economic or emotional harm to yourself, or serious harm to your reputation.
9.2.2 In the instance that an eligible data breach is deemed to have occurred following mandatory assessment, we are required to provide a statement to you, including details as to the breach and the recommended course of action. Further, we are required to provide a copy of the statement to the OAIC.
9.3 Severability
9.3.1 If any part or section of this Privacy Policy is found to be invalid, then that part or section may be either reduced or severed to the necessary extent to make this Privacy Policy valid and enforceable.
9.4 Waiver
9.4.1 Our failure to enforce any right or provision will not be deemed a waiver of such right or provision.
9.5 Contact Us
9.5.1 If you have any queries or complaints about our Privacy Policy please contact us at admin@actbga.org.au.
9.6 Changes to Policy
9.6.1 The ACTBGA may, from time to time, review and update this Privacy Policy to take account of new laws and technology, changes to operations and practices and to make sure it remains appropriate to the changing environment. The most current version of the Privacy Policy will govern our use of your information and is available on the ACTBGA website or by request to admin@actbga.org.au.
9.6.2 This Privacy Policy was last updated on 16 May 2023.