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AIS Hub and Australian Sport Learning Centre User Terms and Privacy Collection Notice

Below are the Terms and Conditions of Use and Privacy Collection Notice (collectively ‘the Terms’) for the AIS Hub, as well as the Australian Sport Learning Centre (ASLC), which Users may access via the AIS Hub. References in the Terms to the ‘System’ should be taken to include both the AIS Hub and the ASLC.

The Terms are important because they:

  • Outline the legal rights and responsibilities of the Australian Sports Commission (ASC), which operates the System
  • Explain your legal rights responsibilities, as well as the rights you give to us, when you use the System
  • Describe the rules everyone needs to follow when using the System.

1. Introduction

  1. The AIS Hub is a digital platform managed by the AIS to offer learning and engagement solutions (including ASLC access) to high performance athletes, coaches, Athlete Wellbeing and Engagement providers and support staff.
  2. In accessing the System, you agree to comply with and be bound by the provisions set out in the Terms.
  3. If you are under 18 years of age you confirm that you have obtained the agreement of your parent or guardian prior to accessing the System.
  4. The ASC may vary the Terms at any time by notice to Users, including by notice through the System.

2. System User Terms

2.1 User account

  1. You must:

    (i) only access the System using your personal username, password and other authentication details allocated to you by the ASC;

    (ii) not permit any unauthorised person to access the System 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 System account may have been compromised;

    (v) ensure that any information you provide to the ASC in relation to your System account is accurate and up-to-date

  2. The ASC may at its discretion, limit, suspend, or terminate your access or use of the System, or your System account, at any time.
  3. The ASC may vary the Terms from time to time. When the Terms are updated a notice will be given to existing Users. All Users will be required to review and agree to the updated Terms upon their next login.

2.2 Use of System

  1. You are responsible for any information or content that you submit to the System, including any Personal Information.
  2. You may only access those sections of the System to which you have been specifically granted access by the ASC.
  3. 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.
  4. You must use the System 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 System by any other person; and

    (iii) in accordance with any Support/FAQ information provided in the System, and the Terms.

  5. You must not, nor allow or permit any person under your direction or control to:

    (i) submit or transmit via the System 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 System;

    (iii) interfere with the operation of the System or abuse, overload, disrupt or threaten the security of the System or any other ASC networks or system; or

    (iv) use any software (like bots, scraper tools etc.) to access, monitor or copy the System or its contents, including Learning Content, unless the ASC has given you written permission in advance.

  6. You acknowledge and agree that:

    (i) the System may not always be available and may not always work as intended;

    (ii) the ASC may change the functionality of the System. 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 System 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 System;

    (v) external material on, or linked to via the System site may include the views of individuals that are not necessarily the views of the ASC or other System users; and

    (vi) the ASC may (at its discretion) remove any content from the System that the ASC considers to be inappropriate or in violation of these Terms or of any applicable laws.

2.3 Physical activities

  1. Where the Learning Content details physical activities or exercises, you:

  2. (i) must read, and understand all of the instructional information and recommendations related to each activity before undertaking that activity;

    (ii) acknowledge that any information provided is designed as general information for elite athletes and may not be appropriate in all circumstances;

    (iii) must only attempt activities relevant to your current level of development; and

    (iv) must not undertake any of the activities if you are unhealthy or not physically capable of doing so. If you are unable to safely complete an activity you should stop immediately.

2.4 Intellectual property and use of your content

  1. All copyright, trade marks and other intellectual property rights subsisting in the System, including Learning Content (System 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 System IP for the purpose of your own personal or professional education and training or as otherwise permitted by law.
  2. The ownership of any content that you provide to the ASC via or in connection with the System, remains unchanged by these Terms.
  3. 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 System, 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.

2.5 Privacy and Personal Information

  1. The ASC will collect and handle certain Personal Information in connection with its management of the System. You agree to the collection, use and disclosure of your Personal Information as set out in the Privacy Collection Notice below.
  2. You agree:

    (i) to only collect, use and disclose Personal Information in connection with the System, 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.

2.6 Communications to you

  1. You agree that the ASC may send you communications to the contact details you have supplied to the ASC, for the purpose of providing development and training and associated assistance.

2.7   Liability and warranties

  1. The ASC allows you access and use of the System 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 System, or that it will be fit for any particular purpose or will not infringe any third party rights including intellectual property rights.
  2. 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 System and the Learning Content, any inability to access the System and the Learning Content, or any damage to your computer systems or loss of data.
  3. Without limiting the above, the ASC does not warrant that the System is or will be free from any errors or viruses or that your use of the System will be otherwise uninterrupted.

2.8 Miscellaneous

  1. 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.
  2. 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.
  3. 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

3.1 General

  1. 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.
  2. 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.
  3. If further information about this Privacy Collection Notice is required, please contact the ASC Privacy Officer at privacy@ausport.gov.au.

3.2 ASC Privacy Policy

  1. This Collection Notice should be read together with the ASC Privacy Policy which contains additional information about the way the ASC manages Personal Information, including:

    (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.

  2. The ASC Privacy Policy is available on the ASC website at www.sportaus.gov.au/legal_information/privacy_policy or by request to the ASC Privacy Officer at privacy@ausport.gov.au.

3.3 Collection of Personal Information through the System

  1. The ASC will collect Personal Information through the System when you register or login to access and use the System, and when you participate and submit information through the System’s online learning activities.
  2. If the ASC does not collect your Personal Information within the System, is is unable to offer use of the System services to you.

3.4 Purpose of Collection

The ASC collects Personal Information through the System for purposes which include:

  1. to identify you, register you as a User and to manage your access to the System;
  2. to provide online learning services through the System;
  3. to administer the System;
  4. to communicate with Users; and
  5. 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

  1. Personal Information about you may be used or disclosed in accordance with our Privacy Policy and for the ASC’s purposes set out above.
  2. The ASC will also disclose Personal Information within the System to:

    (i) contractors engaged by the ASC in connection with the operation of the System. The ASC has a primary contract with Interact Learning Pty Ltd (trading as Kineo) to host the System. The ASC has entered into contractual agreements with Kineo to protect your information. Kineo is bound by the provisions of the Privacy Act, including the APPs. Kineo’s Privacy Policy can be found here: https://www.kineo.com/en-au/privacy-policy; and

    (ii) Sport Integrity Australia – a Commonwealth agency which is bound by the provisions of the Privacy Act, including the APPs and the Australian Government Agencies Privacy Code.

3.6 Overseas disclosure

  1. The System is hosted in Australia. However, Personal Information held on the System may be used or disclosed overseas in limited circumstances for the purposes of providing learning services in accordance with the terms of the ASC Privacy Policy and the Kineo Privacy Policy.

3.7 De-identified data

  1. Data may be generated from a User's Personal Information in the System and de-identified to remove the identity of individuals.
  2. Such aggregated deidentified data is not Personal Information and consequently is not subject to the Privacy Act or the ASC Privacy Policy.
  3. The ASC may use and disclose to third parties such de-identified data for any purpose, including research and commercial purposes.

4. Definitions

In the Terms:

  1. AIS means the Australian Institute of Sport, an operating arm of the ASC.
  2. APPs means the Australian Privacy Principles.
  3. ASC means the Australian Sports Commission, which also operates under the names ‘AIS’ and ‘Sport Australia’.
  4. Harmful Code means any virus, disabling or malicious device or code, ‘worm’, ‘trojan’, ‘time bomb’ or other harmful or destructive code.
  5. Learning Content means any program, course, module or the like made available through the System.
  6. NSO means an Australian national sporting organisation or national sporting organisation for people with a disability.
  7. Personal Information has the same meaning as defined in the Privacy Act.
  8. Privacy Act means the Privacy Act 1988 (Cth).
  9. System means the AIS Hub and ASLC, being an online learning and engagement system (its system, platform and storage and any successor system, platform or storage) operated by the ASC.
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