EPILEPSY ASSOCIATION LEGAL & PRIVACY POLICY

Included here:
DISCLAIMER & TERMS OF USE
COPYRIGHT STATEMENT
PRIVACY POLICY

DISCLAIMER & TERMS OF USE

Terms of Use

This web site (Web Site) is owned and operated by the Epilepsy Association (Association). By accessing or using the Web Site, you agree to accept and comply with the terms, conditions, notices and disclaimers contained in the following documents and contained elsewhere on the Web Site (known collectively as the Terms of Use).

Disclaimer

While the Association has used its best endeavours to ensure that information, text, material, images and graphics (Content) contained in and accessed through the Web Site is correct and current at the time of publication, the Association is not responsible for errors, omissions or defects in the Content, nor liable for any consequential damages, in whole or in part, resulting from your use or any user's use of or reliance upon the Content or Content in any third party web sites (Third Party Sites) linked to the Web Site.

The Web Site is not intended as a means of disseminating medical advice. Content contained in or accessed through the Web Site should not be relied upon for medical purposes in any way. If medical advice is required you should seek expert medical assistance.

Limitation of Liability

The Web Site is provided by the Association on an 'as is' basis. To the fullest extent permissible by law:
The Association does not make any representation, warranty or endorsement of any kind, express or implied, as to the operation of the Web Site or the Content or products on Web Site;
The Association expressly disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose;
The Association does not warrant that the functions on the Web Site will be uninterrupted or error-free, that any defects will be corrected or that the server which stores and
transmits Content to you is free of viruses or other harmful components; and
The Association does not warrant or make any representation regarding your access to, or the results of your access to, the Web Site (including any Third Party Sites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.

Under no circumstances (including but not limited to any act or omission on the part of the Association) does the Association accept liability for any indirect, incidental, special and/or consequential damages or loss of profits resulting from any use or access, or any inability to use or access, the Web Site. You expressly acknowledge and agree that the Association does not exert control over users of the Web Site (including individuals referred to on the Web Site) and is not liable either for their opinions or their behaviour including any Content and/or advice and any defamatory statements or offensive conduct.

The Association's liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of the Association to the following:
i. in the case of services, the supply of the services again or the payment of the cost of having the services supplied again.
ii. in the case of goods, the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or acquiring equivalent goods; or the payment of the cost of having the goods repaired.

Third Party Sites and Advertising

This site may contain links to Third Party Sites. The Association is not associated or affiliated with any Third Party Site and the Content in any Third Party Sites is not produced by nor are they the responsibility of the Web Site. The Association does not sponsor, endorse or support, in any way, the goods, services or Content supplied by or displayed on Third Party Sites.

Grant of Licence by User to the Association

By placing any information or other material on the Web Site including without limitation posting messages, uploading files, inputting data or engaging in any form of communication, subject to the Privacy Policy, you grant the Association:
a. a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to:
i. use, copy, sublicense, redistribute, reproduce, adapt, transmit, publish and/or broadcast, publicly perform or display the information or material; and
ii. sublicense to any third party the unrestricted right to exercise any of the rights outlined in sub-paragraph (i) above; and
b. the right to exploit all proprietary rights in any information or material including, without limitation, rights under copyright, trademarks, designs and/or patent laws in any jurisdiction worldwide.You agree to execute and deliver to the Association all instruments and take all action that may be required to carry out this grant of licence.

Warranties

By placing any Content on the Web Site including without limitation posting messages, uploading files, inputting data or engaging in any form of communication you warrant that have obtained all the necessary assignments or licences in respect of any Content supplied by a third party to you, including without limitation any authoring tool, application software or other program used in the development and production of the information supplied.

COPYRIGHT STATEMENT
Copyright and restriction on use of Content
© The Epilepsy Association 2002. All rights reserved.

All Content, software and advertisements on the Web Site are protected by Australian and international copyright and trademark laws.

Content on the Web Site is published in real-time. Using an industry standard Web browser, you may download, display and browse the Content including making copies in a temporary storage device necessary to facilitate browsing and print hard copies in unaltered forms for your own personal, non-commercial use provided that you:

a. do not download the Content in its entirety as a single file;
b. do not modify the copy of the Content from how it appears on the Web Site;
c. include the copyright notice '© The Epilepsy Association 2002' in the copy of the Content; and
d. comply with all provisions of the Copyright Act 1968 (Cth) and all other relevant Australian and international copyright and trademark laws.

You must not otherwise modify, copy, reproduce, adapt, frame, publish, transmit (including broadcast), distribute, upload to a third party, link to or otherwise use any of the material on the site, including audio and video excerpts, except as expressly permitted by law or with the Association's prior written consent.
You must not use the Web Site in any manner or for any purpose that:

a. is unlawful;
b. violates any rights of the Association; or
c. is prohibited by the Terms of Use.

Trademarks

You may not use the Association's trade marks in connection with any product or service that does not belong to the Association or in any manner that is likely to cause confusion, or that disparages or discredits the Association.

You may not use the Association's trade marks in any way, including, without limitation, in advertising or publicity relating to distribution of materials, without the express prior written permission of the Association.

All other trade marks displayed on the Web Site are trade marks of their respective owners. Nothing contained on the Web Site should be construed as granting a licence or right to use of any trade mark displayed in the Web Site without the express prior written permission of the Association or the owner of the relevant trade mark.

Applicable Law

The Terms of Use are governed by and to be construed in accordance with the laws of New South Wales, Australia and the Commonwealth of Australia. You irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the courts of New South Wales and Australia. If any provision of the Terms of Use is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms of Use that will continue to have force and effect.

The Association makes no representation that the content of the Web Site complies with the laws of any country outside Australia.

All rights not expressly granted herein are reserved.

PRIVACY POLICY

Privacy Policy

This document (Privacy Policy) describes the sort of information which we may collect about you and explains what may happen to that information. By using the Web Site, you accept the terms of the Privacy Policy.

We are committed to protecting your personal information and letting you know the type of information we collect and how this information is used. Our Policy is based on the National Principles for the Fair Handling of Personal Information as set out in the Privacy Act 1988 (Cth) (as amended by the Privacy Amendment (Private Sector) Act 2000).

A. General Principles of our Privacy Policy
In line with our Guiding Principle of acting responsibly and with integrity we have been, are and will remain committed to respecting and protecting the privacy of all persons with whom we have dealings.

Maintaining the trust of persons we serve and persons who support us is crucial to our ongoing success as a health charity.

Protecting the privacy and respecting the confidentiality of personal information provided to us is fundamental to our work.

We have always worked to the essence of the National Privacy Principles, and now that the principles are codified we willingly work to them in detail.

We require personal and sometimes sensitive information to do our work but only collect that information that is necessary for us to do our work efficiently and effectively.

We do not trade information to others and avoid disclosing information where we can. When we must disclose we only do so in ways permitted or required by law.

We want any information held to be correct and welcome contact from persons wishing to check, correct or update their details.

As a charity we rely upon the willing contribution of supporters to fund our work but procure supporters only by methods allowed by law and generally accepted by the community.

We respect the wishes of persons who wish to limit or stop us contacting them.

B. The Privacy Act
In essence, the Act provides to individuals rights regarding their personal details and imposes obligations on organisations holding personal information.

The Privacy Amendment (Private Sector) Act 2000 applies to us both as a private sector organisation with an annual income exceeding $3 million and as a health organisation.

The Act extends to us the basic privacy obligations that have applied to the Commonwealth Government since 1988.

The Act covers 'personal information', namely any information or opinion that can identify a person.

Special protection applies to 'sensitive' personal information. For us, this is mainly health information but it can cover racial or ethnic details, political opinions or associations, religious beliefs or
affiliations, philosophical beliefs, membership of professional or trade associations or trade unions, sexual preferences or practices and criminal records.

The Act sets National Privacy Principles for us to operate by in line with international standard procedures.

C. Our key obligations under the National Privacy Principles

A complete set of the National Privacy Principles is available. In summary, we are obliged to take reasonable or practicable steps:

1. Anonymity: we give people the option of interacting anonymously with us
2. Necessity: we collect only personal information that is necessary for our functions or activities
3. Method: we use fair and lawful ways to collect personal information
4. Direct: we collect personal information directly from an individual
5. Consent: we get consent to collect sensitive information unless specified exemptions apply
6. Awareness: we make an individual aware of specified matters including why we are collecting the information and who else we might give it to, even if we have collected it from someone else
7. Use: we use or disclose personal information only for the primary purpose of collection, unless specified exceptions apply, with even greater constraints for sensitive information
8. Accuracy: we take steps to ensure that the personal information we collect, use or disclose is accurate, complete and up-to-date
9. Security: we protect personal information we hold from misuse and loss and from unauthorised access, modification or disclosure
10. Destroy: we destroy personal information if we no longer need it
11. Communication: we have this short readily available document covering the way we manage personal information
12. Openness: we let individuals who ask know, generally, what sort of personal information we hold, what purposes we hold it for and how we collect, use and disclose that information
13. Access: we give individuals who ask access to the personal information we hold about them
14. Restrict: we restrict the use and disclosure of Commonwealth Government identifiers to particular circumstances allowed by the law
15. Internationally: we transfer personal information overseas only if certain requirements are met.

D. The range of information we hold

We hold in our database limited personal information about individuals and sensitive information about only a small proportion of them. The information on individuals who fit into multiple categories is cumulative but access is restricted to segments as required. Broadly the information covers:

1. Donors, contributors and supporters: name and contact information to allow us to identify and communicate with them, background information that may allow us to develop closer ties with them and the history of their dealings with us.
2. Service users: where necessary we hold name and contact information and the minimum sensitive health information regarding their service to allow us to assist them, often no sensitive data is recorded. Any sensitive service data is available only to service professional staff who need access to it for their work.
3. Service providers: name and contact information plus descriptive information necessary to identify the service. In some cases a history of contact is maintained.
4. Staff: personal information required by law or necessary to implement the contract of employment and meet employment laws.
5. Volunteers: personal information needed to meet our legal obligations and to help us best utilise their skills. In some cases history of contact is also maintained.

Collecting Information

The Association does not share, disclose or sell any personally identifiable information collected at the Web Site with other organisations or companies.

The amount of information we collect about you depends on your use of our service. The only personal information we collect is what you tell us about yourself, for instance through surveys and newsletter registrations.

We use this information for research or to improve the Web Site, services and performance. We analyse the data for certain trends and statistics, such as which parts of the Web Site users are visiting and how long they spend there. This information does not identify you personally. This information is compiled and analysed on an aggregated basis. We may share this aggregated information with our sponsors and Content providers to assist them to understand our services.

We also use your personal information to notify you of updates to the Web Site via email or our newsletter (if you have subscribed to one of our services). Please contact us if you no longer wish to receive e-mails or newsletters from us.

Use and disclosure of Personal Information
The primary purpose of the Web Site is to provide a forum for the transfer of information about epilepsy.

Information specifically about your health is regarded as being sensitive information. We will not pass on or disclose this information to any third party for any purpose other than to further our primary purpose.

We may use information gathered to further research or to compile assist the analysis of statistics that are relevant to public health, public safety, or the management, funding or monitoring of the Association.

Any information gathered will not be made available if non-identified, aggregate data is sufficient for research purposes, and research will not be published until it has had any identifying features removed.

Further, under the Telecommunications Act 1997 we may not disclose, sell, distribute, rent, licence, share or pass onto any third parties personal information you have provided to us unless we have your consent to do so, or unless required by law.
We may use that information if we consider it necessary to:

a. implement our terms of use;
b. provide you with a service you have requested;
c. protect the rights or property of the Association, any user of the Association or any member of the public; or
d. lessen or prevent a serious threat to a person's life, health or safety.

Information Security
The Association will take all reasonable steps to keep any information we hold about you secure, accurate and up to date. Your information is stored on secure servers that are protected in controlled facilities.

The Association will take all reasonable steps to protect all personal information held by the Association. However, no guarantee can be given that information sent over the Internet is always 100% secure. Sending and receiving information over the Internet is at the user's own risk, and the Association does not accept responsibility for any consequences of unauthorised access to your information.

How to access or update your information

If at any time you want to know exactly what personal information any part of our web site is holding about you, you may request details of that information by e-mailing us at epilepsy@epilepsy.org.au. We will endeavour to provide you with the information within seven days.

If you want to correct or update your information, please contact us by e-mailing us at epilepsy@epilepsy.org.au.

More on Privacy

You should always close your browser upon leaving the web site, especially if you share a computer with someone else or are using a computer in a public place, to ensure that others cannot access your personal information and correspondence. You are responsible for the security of and access to your own computer.

Please be aware that personal information that you disclose in publicly accessible online forums, such as through email or chat sites, can be collected and used by others.

To the extent that you disclose information on the Internet to parties other than the Association, different rules may apply to the use and disclosure of your personal information. Since we do not control the privacy policies of third parties, you are subject to their privacy customs and policies. We encourage you to ask questions before you disclose your personal information to others.

Ultimately you are solely responsible for maintaining the secrecy of your username and passwords and any account information.

You can obtain further information about privacy in Australia and the protection of your personal information on the Australian Federal Privacy Commissioner's web site.

IF YOU HAVE A PROBLEM
If you have an inquiry relating to privacy or our Terms of Use, or if you have any problems with our web site or a general problem or complaint, please email us at epilepsy@epilepsy.org.au

1300 EPILEPSY or 1300 37 45 37
Australia wide Priority Call