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1. ACCEPTANCE OF TERMS
The services that Skyline Education Foundation Australia provides to User is subject to the following Terms & Conditions (“T&C”). Skyline Education Foundation Australia reserves the right to update the T&C at any time without notice to User. The most current version of the T&C can be reviewed by clicking on the “Terms & Conditions” hypertext link located under Help in the navigation located on the top of our Web pages.
This Agreement, which incorporates by reference other provisions applicable to use of https://skyline.org.au, including, but not limited to, supplemental terms and conditions set forth hereof (“Supplemental Terms”) governing the use of certain specific material contained in https://skyline.org.au, sets forth the terms and conditions that apply to use of https://skyline.org.au by User. By using Skyline Education Foundation Australia (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use https://skyline.org.au is personal to User and is not transferable to any other person or entity. User is responsible for all use of User’s Account (under any screen name or password) and for ensuring that all use of User’s Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User’s password(s), if any.
Skyline Education Foundation Australia shall have the right at any time to change or discontinue any aspect or feature of https://skyline.org.au, including, but not limited to, content, hours of availability, and equipment needed for access or use.
2. CHANGED TERMS
Skyline Education Foundation Australia shall have the right at any time to change or modify the terms and conditions applicable to User’s use of https://skyline.org.au, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on https://skyline.org.au, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of https://skyline.org.au by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.
3. DESCRIPTION OF SERVICES
Through its Web property, Skyline Education Foundation Australia provides User with access to a variety of resources, including download areas, communication forums and product information (collectively “Services”). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the T&C.
4. EQUIPMENT
User shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of https://skyline.org.au and all charges related thereto.
5. USER CONDUCT
-User shall use https://skyline.org.au for lawful purposes only. User shall not post or transmit through https://skyline.org.au any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Skyline Education Foundation Australia ‘s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in Skyline Education Foundation Australia ‘s discretion restricts or inhibits any other User from using or enjoying https://skyline.org.au will not be permitted. User shall not use https://skyline.org.au to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with Skyline Education Foundation Australia.
-https://skyline.org.au contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of https://skyline.org.au are copyrighted as a collective work under the Australian copyright laws. Skyline Education Foundation Australia owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Skyline Education Foundation Australia and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
-User shall not upload, post or otherwise make available on https://skyline.org.au any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of https://skyline.org.au, User automatically grants, or warrants that the owner of such material has expressly granted Skyline Education Foundation Australia the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User’s personal use. User hereby grants Skyline Education Foundation Australia the right to edit, copy, publish and distribute any material made available on https://skyline.org.au by User.
-The foregoing provisions of Section 5 are for the benefit of Skyline Education Foundation Australia, its subsidiaries, affiliates and its third-party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. USE OF SERVICES
The Services may contain email services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable User to communicate with others (each a “Communication Service” and collectively “Communication Services”). User agrees to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, User agrees that when using the Communication Services, User will not:
Skyline Education Foundation Australia has no obligation to monitor the Communication Services. However, Skyline Education Foundation Australia reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. Skyline Education Foundation Australia reserves the right to terminate User’s access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. Skyline Education Foundation Australia reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Skyline Education Foundation Australia’s sole discretion.
Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; User is responsible for adhering to such limitations if User downloads the materials.
Always use caution when giving out any personally identifiable information in any Communication Services. Skyline Education Foundation Australia does not control or endorse the content, messages or information found in any Communication Services and, therefore, Skyline Education Foundation Australia specifically disclaims any liability with regard to the Communication Services and any actions resulting from User’s participation in any Communication Services. Managers and hosts are not authorised Skyline Education Foundation Australia spokespersons, and their views do not necessarily reflect those of Skyline Education Foundation Australia.
7. MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any of the Services requires a user to open an account, the user must complete the registration process by providing Skyline Education Foundation Australia with current, complete and accurate information as prompted by the applicable registration form. The user also will choose a password and a username. The individual user is entirely responsible for maintaining the confidentiality of their password and account. Furthermore, The user is entirely responsible for any and all activities that occur under their account. The user agrees to notify Skyline Education Foundation Australia immediately of any unauthorised use of their account or any other breach of security. Skyline Education Foundation Australia will not be liable for any loss that an individual may incur as a result of someone else using their password or account, either with or without their knowledge. However, a user could be held liable for losses incurred by Skyline Education Foundation Australia or another party due to someone else using their account or password. The user may not use anyone else’s account at any time, without the permission of the account holder.
NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS YOUR WEBSITE ADDRESS
Any software that is made available to download from the Services (“Software”) is the copyrighted work of Skyline Education Foundation Australia and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.
The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited, unless such reproduction or redistribution is expressly permitted by the license agreement accompanying such software. The software is warranted, if at all, only according to the terms of the license agreement. Except as warranted in the license agreement, Skyline Education Foundation Australia hereby disclaims all warranties and conditions with regard to the software, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement.
For your convenience, Skyline Education Foundation Australia may make available as part of the services or in its software products, tools and utilities for use and/or download. Skyline Education Foundation Australia does not make any assurances with regard to the accuracy of the results or output that derives from such use of any such tools and utilities. Please respect the intellectual property rights of others when using the tools and utilities made available on the services.
8. NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS YOUR WEBSITE ADDRESS
Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Accredited educational institutions, such as universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Skyline Education Foundation Australia and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published as part of the services for any purpose. All such documents and related graphics are provided “as is” without warranty of any kind. Skyline Education Foundation Australia and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement. In no event shall Skyline Education Foundation Australia and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from the services.
The documents and related graphics published on the services could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Skyline Education Foundation Australia and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.
9. NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS SITE
In no event shall Skyline Education Foundation Australia and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of software, documents, provision of or failure to provide services, or information available from the services.
10. MATERIALS PROVIDED TO SKYLINE EDUCATION FOUNDATION AUSTRALIA OR POSTED AT ANY OF ITS WEBSITE ADDRESSES
Skyline Education Foundation Australia does not claim ownership of the materials User provide to Skyline Education Foundation Australia (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting (“Posting”) User’s Submission User is granting Skyline Education Foundation Australia, its affiliated companies and necessary sublicensees permission to use User’s Submission in connection with the operation of their Internet businesses (including, without limitation, all Skyline Education Foundation Australia Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Submission; to publish User’s name in connection with User’s Submission; and the right to sublicense such rights to any supplier of the Services.
No compensation will be paid with respect to the use of User’s Submission, as provided herein. Skyline Education Foundation Australia is under no obligation to post or use any Submission User may provide and Skyline Education Foundation Australia may remove any Submission at any time in its sole discretion. By Posting a Submission User warrants and represents to own or otherwise control all of the rights to User’s Submission as described in these Terms of Use including, without limitation, all the rights necessary for User to provide, post, upload, input or submit the Submissions.
In addition to the warranty and representation set forth above, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part (“Images”), User warrant and represent that (a) User is the copyright owner of such Images, or that the copyright owner of such Images has granted User permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of User’s use and as otherwise permitted by these Terms of Use and the Services, (b) User have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, User is granting (a) to all members of User’s private community (for each such Images available to members of such private community), and/or (b) to the general public (for each such Images available anywhere on the Services, other than a private community), permission to use User’s Images in connection with the use, as permitted by these Terms of Use, of any of the Services, (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Images without having User’s name attached to such Images, and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for a Images will terminate at the time User completely remove such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time User completely remove such Images. No compensation will be paid with respect to the use of User’s Images.
11. Disclaimer of Warranty; Limitation of Liability
User expressly agrees that use of https://skyline.org.au is at user’s sole risk. Neither Skyline Education Foundation Australia, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that https://skyline.org.au will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of https://skyline.org.au, or as to the accuracy, reliability or content of any information, service, or merchandise provided through https://www.skyline.org.au.
Https://www.skyline.org.au is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorised access to, alteration of, or use of record, whether for breach of contract, tortious behaviour, negligence, or under any other cause of action. User specifically acknowledges that Skyline Education Foundation Australia is not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with user.
In no event will Skyline Education Foundation Australia, or any person or entity involved in creating, producing or distributing https://skyline.org.au or the Skyline Education Foundation Australia software, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use https://www.skyline.org.au. User hereby acknowledges that the provisions of this section shall apply to all content on the site.
In addition to the terms set forth above neither, Skyline Education Foundation Australia, nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within https://skyline.org.au, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages.
Prior to the execution of a stock trade, users are advised to consult with your broker or other financial representative to verify pricing or other information. Skyline Education Foundation Australia its affiliates, information providers or content partners shall have no liability for investment decisions based on the information provided. Neither Skyline Education Foundation Australia, nor its affiliates, information providers or content partners warrant or guarantee the timeliness, sequence, accuracy or completeness of this information. Additionally, there are no warranties as to the results obtained from the use of the information.
Force majeure – neither party will be responsible for any failure or delay in performance due to circumstances beyond its reasonable control, including, without limitation, acts of god, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, failures of third party service providers (including providers of internet services and telecommunications). The party affected by any such event shall notify the other party within a maximum of fifteen (15) days from its occurrence. The performance of this agreement shall then be suspended for as long as any such event shall prevent the affected party from performing its obligations under this agreement.
12. LINKS TO THIRD PARTY SITES
Skyline Education Foundation Australia is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, Skyline Education Foundation Australia has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other user of https://skyline.org.au, are those of the respective author(s) or distributor(s) and not of Skyline Education Foundation Australia. Neither Skyline Education Foundation Australia nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
In many instances, the content available through https://skyline.org.au represents the opinions and judgments of the respective information provider, User, or other user not under contract with Skyline Education Foundation Australia. Skyline Education Foundation Australia neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on https://skyline.org.au by anyone other than authorised Skyline Education Foundation Australia employee spokespersons while acting in their official capacities. Under no circumstances will Skyline Education Foundation Australia be liable for any loss or damage caused by a User’s reliance on information obtained through https://skyline.org.au. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through Skyline Education Foundation Australia. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
13. UNSOLICITED IDEA SUBMISSION POLICY
Skyline Education Foundation Australia or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Skyline Education Foundation Australia products or marketing strategies might seem similar to ideas submitted to Skyline Education Foundation Australia.
14. Monitoring
Skyline Education Foundation Australia shall have the right, but not the obligation, to monitor the content of https://skyline.org.au, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by Skyline Education Foundation Australia and to satisfy any law, regulation or authorised government request. Skyline Education Foundation Australia shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on https://skyline.org.au. Without limiting the foregoing, Skyline Education Foundation Australia shall have the right to remove any material that Skyline Education Foundation Australia, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
15. Indemnification
User agrees to defend, indemnify and hold harmless Skyline Education Foundation Australia, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of Skyline Education Foundation Australia by User or User’s Account.
16. Termination
Either Skyline Education Foundation Australia or User may terminate this Agreement at any time. Without limiting the foregoing, Skyline Education Foundation Australia shall have the right to immediately terminate User’s Account in the event of any conduct by User which Skyline Education Foundation Australia, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.
17. Miscellaneous
This Agreement and any operating rules for https://skyline.org.au established by Skyline Education Foundation Australia constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the Victoria, Australia, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
18. COPYRIGHT NOTICE
Skyline Hatch its logos are trademarks of Skyline Education Foundation Australia, All rights reserved. All other trademarks appearing on Skyline Education Foundation Australia are the property of their respective owners.
19. TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organisations, products, domain names, email addresses, logos, people and events depicted herein are fictitious. No association with any real company, organisation, product, domain name, email address, logo, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
20. Security and Storage
Skyline Education Foundation Australia places a great importance on the security of all information associated with our students and stakeholders. We have implemented technology safeguards, security policies and other measures to protect data under our control from unauthorised access, improper use, alteration, unlawful or accidental destruction or accidental loss. We also protect your information by requiring that all our employees and others who have access to or are associated with the processing of your data to respect your confidentiality.
Skyline Education Foundation Australia retains the information you provide to us including your contact and bank account details to enable us to verify transactions and customer details and to retain adequate records for legal and accounting purposes. This information is held on secure servers in controlled facilities.
Information stored within our computer systems can only be accessed by those entrusted with authority and computer network password sanctions.
You should keep in mind that whenever you voluntarily disclose personal information online, for example, through email, that information may in some circumstances be collected and used by others. If you post personal information online that is accessible to the public, you may receive unsolicited messages from other parties in return.
Purpose
The purpose of this Policy is to explain how Skyline Education Foundation Australia manages personal information that is provided to, or collected by, us.
If you need help to understand this Policy and you don’t speak English, please contact us at [email protected] or call 0403 436 474.
A copy of this Privacy Policy is publicly available at www.skylinefoundation.org.au/childsafety. You can also request a copy by emailing [email protected]. Before starting work, all Skyline staff, volunteers, contractors, service providers who work with children, and Board members are given a copy of this Policy.
Skyline is committed to protecting personal information in accordance with the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth). When collecting and handling an individual’s health information in Victoria, Skyline is also bound by the Health Privacy Principles (HPPs) set out in the Health Records Act 2001 (Vic). In line with Victorian Child Safe Standard 7, Skyline ensures that our privacy law obligations are met as part of our child-focused complaints and concerns processes.
This Privacy Policy outlines the ways in which personal information, including sensitive information and health information, is collected, used, disclosed, stored, and secured. It also explains how you can access your personal information.
Scope
This Privacy Policy applies to all individuals and entities that interact with Skyline Education Foundation Australia, including but not limited to:
The Policy covers the management of personal information, including sensitive and health information, that is collected, used, disclosed, stored, and secured by Skyline in the course of its operations, whether collected through solicited or unsolicited means. It also applies to any health information handled by Skyline under the Health Records Act 2001 (Vic). This Policy governs the handling of all personal information under Skyline’s control.
Policy
Collection of Personal Information
Skyline recognises that certain information provided by individuals may be considered private or personal. However, without this information, Skyline would not be able to carry out its operations and provide services and benefits to students.
Sensitive Information and Health Information
Skyline is required by law to seek consent from an individual, or from a parent or carer if the individual is a student, before collecting sensitive information and health information, unless an exception applies. Examples of health records that contain health information include hospital admission forms, medical histories, test results, medication lists, and sick leave certificates. Generally, this type of information has a higher level of privacy protection than other personal information.
Personal Information (Other Than Sensitive Information and Health Information) Provided Directly to Skyline
Where reasonable and practical, Skyline collects personal information directly from the individual or from parents or carers of student individuals. Personal information includes a wide range of information or an opinion that can identify an individual. What is considered personal information can vary depending on whether a person can be identified or is reasonably identifiable in the circumstances. Examples of personal information cited by the Office of the Australian Information Commissioner (OAIC), the regulator of the Privacy Act 1988 (Cth), include an individual’s name, signature, address, phone number, date of birth, photos, IP addresses, voice print and facial recognition biometrics (because they collect characteristics that make an individual’s voice or face unique), and location information from a mobile device (because it can reveal user activity patterns and habits).
Skyline generally collects personal information directly in the following ways:
Generally, Skyline will seek consent from the individual in writing before collecting their sensitive information and health information. However, given the nature of Skyline’s operations, we may also receive personal information by email, letters, notes, via our website, over the telephone, in face-to-face meetings, and through financial transactions. If you provide Skyline with the personal information of others, such as other family members, doctors or emergency contacts, we encourage you to obtain their consent and inform them that you are
disclosing that information to Skyline and why, so that they can request access and correct that information if they wish. You should also refer them to this Privacy Policy for further details about such requests and how Skyline otherwise handles personal information it collects.
Personal Information (Other Than Sensitive Information and Health Information) Provided by Others
Skyline may also receive personal information about an individual from third parties, e.g. where we use a third party provider to manage event registrations or conduct surveys, where we receive a report from a medical professional about an individual, or where we receive academic data or employment references.
We may collect information based on how individuals use our website. We use ‘cookies’ and other tracking technologies to collect information on website activity, such as the number of visitors, the number of pages viewed, and any internet advertisements which bring visitors to our website. This information is collected to analyse and improve our website, marketing campaigns, and to record statistics on web traffic. We do not use this information to personally identify individuals.
Unsolicited Information
Skyline may be provided with personal information without having sought it through our normal means of collection. This is known as ‘unsolicited information’ and is often collected by:
Unsolicited information obtained by Skyline will only be held, used and or disclosed if it is considered as personal information that could have been collected by normal means. If that unsolicited information could not have been collected by normal methods then we will destroy, permanently delete or de-identify the personal information as appropriate.
Employee records
Employee records are not covered by the APPs or the HPPs (except if the records contain health information). However, Skyline will use best efforts to ensure that the information is accurate, up to date, held securely within the organisation and disposed of in a secure manner.
How Personal Information is Collected
Skyline collects personal information in a number of ways, including:
Use of Personal Information
Skyline only uses personal information that is reasonably necessary for one or more of our functions or activities (the primary purpose) or for a related secondary purpose that would be reasonably expected by the individual, or for an activity or purpose to which an individual has consented. For example, personal information might be used to keep students and stakeholders informed about our ongoing activities, to assess applications for our programs and benefits, and to assist us in improving our services.
Skyline’s primary uses of personal information include, but are not limited to:
Skyline will only use or disclose sensitive information or health information for a secondary purpose if an individual would reasonably expect us to use or disclose the information, and the secondary purpose is directly related to the primary purpose. Skyline may share personal information with related organisations, but only if necessary for us to provide our services and benefits.
Skyline will not use personal identification numbers that have been assigned to an individual by a government department or agency.
Disclosure of Personal Information
Skyline uses personal information for the purposes for which it was provided, or for purposes that are directly related to our functions or activities. Personal information may be disclosed to various parties, including government agencies, schools, employees, service providers, contractors, and other recipients, if the individual has given consent or would reasonably expect the information to be disclosed in that manner.
Skyline may disclose personal information without consent or in a manner that an individual would reasonably expect if:
Skyline may disclose personal information to overseas organisations when providing our services, for example, when storing data with a “cloud service provider” located outside Australia. Skyline will take reasonable steps not to disclose an individual’s personal information to overseas recipients unless we:
Storage and Security of Personal Information
Skyline stores personal information in various formats, including databases, hard copy files, personal devices , third-party storage providers such as cloud storage facilities, and paper-based files.
To ensure the privacy and security of this information, Skyline takes all reasonable steps to prevent its misuse, loss, unauthorised access, modification, or disclosure.
These steps include, but are not limited to:
Responding to Data Breaches
Skyline is committed to taking appropriate and prompt action if we have reasonable grounds to believe that a data breach may have occurred or is suspected to have occurred. Depending on the nature and severity of the breach, we will conduct a review of our internal security procedures, take remedial action, and notify affected individuals and the Office of the Australian Information Commissioner (OAIC). If we are unable to notify individuals, we will publish a statement on our website and take reasonable steps to ensure the statement is brought to the attention of those affected.
Website links
Our website may contain links to other websites, and those third-party websites may collect personal information from individuals. Skyline is not responsible for the privacy practices of other businesses, or the content of websites linked to our website. We encourage users to be aware when leaving Skyline’s website and to read the privacy statements of each and every website that collects identifiable personal information. It is important to note that these websites are not governed by this Privacy Policy.
Student Personal Information
The Privacy Act 1988 (Cth) applies to all individuals, regardless of their age, and does not set a minimum age for individuals to make decisions regarding their personal information. To comply with the Privacy Act 1988 (Cth), Skyline may seek and obtain consent directly from students, particularly in situations where sensitive or health information is involved. We recognise that in some cases, a student may give or withhold consent independently from their parents or carers.
However, there may be circumstances where Skyline denies access to information to parents or carers if providing the information would have an unreasonable impact on the privacy of others or if it would result in a breach of our duty of care to the student.
We take a common-sense approach when handling a student’s personal information, and in general, we will refer any requests for personal information to the student’s parents or carers. Notices and consents provided by parents or carers are considered to be notices and consents provided by the student.
Quality of Personal Information
Skyline has implemented practices, procedures, and systems to ensure that the personal information we collect, use, disclose, and store is accurate, up-to-date, complete, and relevant at the time it is collected and used or disclosed. This also applies to health information.
Accessing and Correcting Personal Information (not including Health Information)
Individuals have the right to request access to their personal information held by Skyline. Upon receiving such a request, Skyline will take reasonable steps to verify the individual’s identity before granting access or correcting the information.
Skyline will provide access to personal information where the request is in accordance with the APP, subject to limited exceptions. These exceptions include where the access would be unlawful, pose a serious threat to the life or health of another individual, unreasonably impact the privacy of others, or involve commercially sensitive or legally privileged information.
If an individual advises Skyline that their personal information is inaccurate, Skyline will take reasonable steps to correct the information once the individual’s identity has been confirmed. To ensure confidentiality, details of personal information will only be provided where Skyline is satisfied the information relates to that individual.
Requests for access to personal information will be responded to within a reasonable time. If access is denied, Skyline will provide written reasons for the refusal (except where it would be unreasonable to do so) and information about how to make a complaint.
It’s important to note that Skyline is not required to grant access to employee records under the Privacy Act 1988 (Cth) unless the information is used for a purpose not directly related to the employment relationship. However, access may be requested pursuant to workplace laws that require certain information to be made and kept for each employee.
Accessing and Correcting Health Information
As outlined by the Victorian Health Complaints Commissioner, under the Health Privacy Principles (HPP), individuals have the right to access and correct any health information held about them. Skyline may, in some circumstances, refuse to provide access to health information or to correct it. If so, we must provide written reasons for the refusal.
Similar exceptions apply as stated above, including cases where:
Skyline will take reasonable steps to correct inaccurate health information upon receiving the individual’s advice to this effect once their identity has been confirmed. Skyline may require the request to be made in writing and proof of identity. Requests made on behalf of another person must be in writing and confirm evidence of their authority to act on the other person’s behalf. If the information is considered correct, complete, and up to date, the individual can provide us with a written statement detailing the items they want corrected, and we will keep this statement with the records. To ensure confidentiality, details of health information will only be passed on where Skyline is satisfied the information relates to that individual.
Skyline will respond to a request for access to health information within a reasonable time. If access is denied, we will provide written reasons for the refusal (except where it would be unreasonable to do so) and the mechanisms available to complain about the refusal.
For more information, visit https://hcc.vic.gov.au/public/health-records-individuals.
Complaints
If you have a privacy concern or complaint regarding the handling of your personal information by Skyline or any person within Skyline, we encourage you to raise the concern or complaint in accordance with our Complaints Policy. This policy provides easy-to-understand and accessible information on how to make a complaint and is publicly available on our website at www.skylinefoundation.org.au/childsafety.
If you are not satisfied with the outcome of your privacy concern or complaint related to your personal information, you have the right to request external review by the Office of the Australian Information Commissioner (OAIC). However, please note that the OAIC advises that it is unlikely to investigate a complaint about an organisation’s mishandling of personal information unless a complaint is first made to the organisation. More information on how to make a privacy complaint to the OAIC, including that complaints must be in writing, is available on their website at https://www.oaic.gov.au/privacy/privacy-complaints/lodge-a-privacy-complaint-with-us.
If you have a privacy concern or complaint related to the handling of your health information by Skyline, you can make an official complaint to the Health Complaints Commissioner. The Commissioner can investigate privacy breaches or incidents related to health information under the Health Records Act 2001 (Vic). More information on how to make a complaint about health information is available on their website at https://hcc.vic.gov.au/providers/reporting-privacy-breaches-or-incidents-hcc.
Breach
Skyline staff, volunteers, contractors, and service providers who breach this Privacy Policy may face disciplinary procedures in accordance with their employment agreement, relevant industrial instrument, professional code, or terms of engagement.
The following actions may be taken, depending on the nature of the relationship and the severity of the breach:
These measures are not exhaustive and are subject to the discretion of Skyline management.
Compliance monitoring
Compliance with this Policy will be closely monitored by the CEO, who may conduct independent audits and reviews. Our aim is to ensure that the Privacy Policy is fully implemented and followed by everyone, including contractors and service providers who undertake child-related work. Our leaders are expected to champion and model compliance by taking a proactive, outspoken approach on the importance of child safety and wellbeing. They are expected to ‘walk the talk’ by taking child safety matters seriously, responding promptly and thoroughly to any concerns, and helping to embed child safety practices throughout Skyline.
Review
Skyline is committed to providing a safe and supportive environment for children, and we continuously work to improve our Child Safety Program. Ensuring compliance with privacy laws is a fundamental aspect of our efforts to promote positive, child-centered, and culturally safe procedures for handling complaints and concerns. To this end, we have established robust mechanisms for reviewing and enhancing our child safety policies, procedures, and practices, and for monitoring compliance with all relevant laws, regulations, and standards. Our processes include:
Our commitment to continuous improvement means that we regularly review and update our Child Safety Program to ensure that it is effective, relevant, and responsive to the needs of our community. By doing so, we aim to provide a safe and inclusive environment that promotes the wellbeing and empowerment of all children who are part of Skyline.
Definitions
The following terms in this Privacy Policy have specific definitions (and are consistent with law where indicated):
Child | Child means a child or young person who is under the age of 18 years. Source: Child Wellbeing and Safety Act 2005 (Vic)[RG1] |
Health information | In relation to Skyline (as an organisation that is not providing a health, disability or aged care service), ‘health information’ means information or an opinion about: (i) the physical, mental or psychological health (at any time) of an individual; or (ii) adisability (at any time) of an individual; or (iii) an individual‘s expressed wishes about the future provision of health services to him or her; or (iv) a health service provided, or to be provided, to an individual— that is also personal information. NOTE: personal information in this context is similarly defined as below, but additionally under the Health Records Act it does not include information about an individual who has been deceased for more than 30 years. Health information also includes personal information originally collected in the course of providing a health, disability or aged care service to an individual or collected in connection with the donation of human tissue and genetic information that is or could be predictive of the health of an individual or their descendants. Source: Health Records Act 2001 (Vic) |
Individual | Individual means a ‘natural person’ so does not include a body politic or corporate entity, including a company. Source: Privacy Act 1988 (Cth) |
Personal information | Personal information means information or an opinion about an identified individual, or an individual who is reasonably identifiable: (a) whether the information or opinion is true or not; and (b) whether the information or opinion is recorded in a material form or not. Source: Privacy Act 1988 (Cth) |
Sensitive information | Sensitive information means: (a) information or an opinion about an individual‘s: (i) racial or ethnic origin; or (ii) political opinions; or (iii) membership of a political association; or (iv) religious beliefs or affiliations; or (v) philosophical beliefs; or (vi) membership of a professional or trade association; or (vii) membership of a trade union; or (viii) sexual orientation or practices; or (ix) criminal record; that is also personal information; or (b) health information about an individual; or (c) genetic information about an individual that is not otherwise health info; or (d) biometric information that is to be used for the purpose of automated biometric verification or biometric identification; or (e) biometric templates. Source: Privacy Act 1988 (Cth) |
Skyline policy and procedure linkages
Related legislation
The following legislation, standards and regulations apply, and this Policy and Procedures align with these mandated requirements:
References and Resources
In addition to the information referred to in this Policy, further information on the OAIC can be obtained via their website at https://www.oaic.gov.au/.
The OAIC also has references to, and guidance on, the APP including the Australian Privacy Principles quick reference, available at https://www.oaic.gov.au/privacy/australian-privacy-principles/australian-privacy-principles-quick-reference.