Copyright and legal

Contents

1. Conditions of use
2. Privacy Policy
3. Acknowledgements
4. Terms and conditions for bulk subscriptions (NSW and WA)


Conditions of use

myfuture website © Education Services Australia Ltd 2016, unless indicated otherwise.

Use of the myfuture website (myfuture) is subject to the Conditions of Use set out below. Please read and ensure you understand these Conditions of Use prior to using myfuture. If you proceed to use myfuture, your use will be taken as acceptance of these Conditions of Use.

Education Services Australia Limited (ESA) may amend these Conditions of Use from time to time. You are responsible for regularly reviewing them. Your continued use of myfuture constitutes your agreement to the current version of the Conditions of Use.

These Conditions of Use were last updated on 18 October 2017.

  1. myfuture:
    (a) provides general information about career options;
    (b) is a guide only;
    (c) does not make any recommendations or provide advice in relation to career options.
    Before making any decisions about your career
    , you should contact relevant educational institutions or professional or trade organisations for specific information relating to your career options/choices.
  2. myfuture comprises:
    (a) trade marks owned by third parties (Trade Marks) and licensed to ESA;
    (b) material excluding the Trade Marks (Material) which is subject to copyright and other intellectual property rights (Intellectual Property Rights) which is owned by ESA (ESA Material) or licensed to ESA (Third Party Material); and
    (c) visual interfaces, graphics, design, computer code (including source code or object code), software and other elements of myfuture excluding the Trade Marks and Material.
  3. You may:
    (a) view the Trade Marks;
    (b) view and print the ESA Material only for personal non-commercial educational purposes, provided all acknowledgements are retained;
    (c) use Third Party Material only in accordance with the licence terms described in the Acknowledgements, provided you retain and copy in full all copyright notices on the original Third Party Material (if any); and
    (d) only use the visual interfaces, graphics, design, computer code (including source code or object code), software and other elements of myfuture excluding the Trade Marks and Material within the intended functionality provided by myfuture.
  4. You must not infringe the Intellectual Property Rights of ESA or its licensors, that is, you must not do anything that is not permitted under either these Conditions of Use or the licence terms described in the Acknowledgements. For example you may not reproduce, adapt, upload to a third party website, link to, frame, perform in public, distribute or transmit in any form by any process any of the Material.
  5. Where you use the Material in accordance with these Conditions of Use, you do not need to comply with the requirements of any statutory licence (for example, pay royalties to a copyright collecting society such as the Copyright Agency) for that Material.
  6. Nothing you do on or in relation to myfuture will transfer any Intellectual Property Rights to you or license you to exercise any Intellectual Property Rights other than in accordance with these Conditions of Use.
  7. In using myfuture you may provide to ESA information which is capable of identifying you (Personal Information). The Privacy Act 1988 gives you certain rights in respect to Personal Information. By using myfuture you consent to ESA using your Personal Information in accordance with the myfuture Privacy Policy.
  8. To assist in your use of myfuture, you may ask a person you know and trust (for example a career guidance counsellor from your school, a teacher, a parent or a friend) to be your mentor. If you give your mentor your username and password, this will enable your mentor to access the information you provide to myfuture, but ESA cannot control how your mentor uses your information. ESA does not accept any responsibility for unauthorised use of your information by your mentor, and excludes liability for all losses, costs, damages and expenses incurred or suffered by you arising from or in relation to your participation in a mentoring program.
  9. ESA presents the Material in good faith and has endeavoured to ensure that all Material is accurate and does not breach any entity's rights at the time of its inclusion. However, use of myfuture is at your own risk and the Material is provided ‘as is’. To the extent lawful, ESA does not make any, and excludes all express or implied, warranties, representations, statements, terms and conditions relating to your use of myfuture or any information or content available on or from myfuture.
  10. Nothing in these Conditions of Use excludes, restricts or modifies any guarantee, right or remedy implied or imposed by any statute or regulation which cannot lawfully be excluded, restricted or modified, which may include statutory consumer guarantees implied by statute which operate to protect the purchasers of goods and services in various circumstances.
  11. If any guarantee is implied by statute and cannot be excluded, and ESA is able to limit your remedy for a breach of such a guarantee, then the liability of ESA for breach of the condition or warranty is limited to one or more of the following at ESA's option:
    (a) 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 of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
    (b) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
  12. Subject to ESA's obligations under the implied guarantees referred above, ESA excludes liability for all losses, costs, damages and expenses incurred or suffered by you under or relating to these Conditions of Use or their subject matter, whether in contract, tort (including without limitation negligence), in equity, under statute, under an indemnity or on any other basis.
  13. You acknowledge that ESA may, in its absolute discretion and without penalty or notice:
    (a) vary myfuture or any part of myfuture; and
    (b) modify or discontinue myfuture, any part of myfuture and the services available on it.
  14. ESA may not have reviewed any URL linked to or from any part of myfuture which does not form part of myfuture (Non-ESA Sites). ESA is not responsible for any content found on a Non-ESA Site, or any site of which it forms a part. You must determine whether any page is part of myfuture each time you follow a link to that page. For example, it is your responsibility to check that a person or organisation linked to myfuture is authorised to provide a course of study to overseas students. You can check this by referring to the Commonwealth Register of Institutions and Courses for Overseas Students (available on the website CRICOS).
  15. ESA reserves the right to revise these Conditions of Use at any time. You accept all such revisions by accessing any part of myfuture or continuing to access it after that revision is posted on myfuture.
  16. myfuture and any right or obligation under these Conditions of Use is governed by the laws in force in the State of Victoria, Australia, (other than the conflict of laws rules) and the parties submit to the non-exclusive jurisdiction of the courts of the State of Victoria, Australia, in respect of any action that arises under these Conditions of Use.
  17. The views expressed within myfuture do not necessarily represent the views of ESA.
  18. If any material provided by you (including your email address) is deemed unsuitable by ESA, whether because of a failure to comply with these Conditions of Use or because ESA considers it inappropriate or offensive, ESA may remove the material from its databases without notice.

Privacy Policy

The myfuture Privacy Policy was updated on 22 May 2018.

Education Services Australia (ESA) is committed to protecting the privacy of personal data. This privacy policy explains how ESA collects and uses your personal data and which rights and options you have in this respect. In doing so ESA complies with its obligations to protect the privacy of personal data under the Australian Privacy Act 1988 (Cth) (Privacy Act) and its international obligations.

ESA is bound by the Australian Privacy Principles (APPs) in the Privacy Act which regulate how organisation such as ESA may collect, use, disclose and store personal information, and how individuals may access and correct personal information held about them.

In this privacy policy, ‘you’ or ‘your’ refers to the individual reading this privacy policy or those people whose personal data ESA collects, uses and discloses in accordance with this privacy policy.

1 What personal data do we collect?

“Personal data” is anything that discloses your identity, that is unique to you. For example: a name, an identification number, location data or an online identifier. It also includes “personal information” as defined in subsection 6(1) of the Privacy Act:

“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.”

The personal data we collect may include:

  • Contact information, such as your name, career stage (including, as relevant, type of school, type of tertiary student, parent, teacher, career practitioner or other adult), business address, telephone number, mobile phone number and email address;
  • Payment data, such as data necessary for processing payments and fraud prevention, including credit/debit card numbers, security code numbers and other related billing information;
  • Your username and password for the myfuture website or other password protected platforms or services, where you have one;

When you register/subscribe to use myfuture services, complete and submit an electronic form on the myfuture website, contact ESA or send feedback via the contact us form, ESA may collect the following personal data.

  • your name and gender;
  • your contact number(s);
  • the month and year of your birth;
  • your email address; and
  • your school contact details.

When you use the myfuture website, ESA collects the following information relating to use of the myfuture services:

  • your server address;
  • your top level domain name (for example: .com., .gov, .au, .edu, .net, etc.);
  • the time and date of your visit to the website;
  • the pages and documents you have accessed or viewed; and
  • the type of browser you are using (for example Chrome, Firefox, Internet Explorer).

Usage statistics or patterns obtained from tracking the level and range of interest in the myfuture website are collected in order to improve the myfuture services or develop new services. This information will be connected to a myfuture user’s profile but will be de-identified prior to any use in reports.

2 Handling of Personal data
2.1 Remaining anonymous or using a pseudonym: are you required to provide personal data?

Where it is not impractical or unlawful, you may interact with ESA without identifying yourself or using a pseudonym. As a general principle, you provide us with your personal data entirely voluntarily and there are generally no detrimental effects for you if you choose not to consent or to provide personal data. However, there are circumstances in which ESA cannot take action without certain of your personal data. For example: because this personal data is required to provide you with access to a web offering or newsletter. In these cases, it will unfortunately not be possible for us to provide you with what you request without the relevant personal data and we will notify you accordingly. 

2.2 Use of your personal data

We may use your personal data for the following purposes only ("Permitted Purposes"):

  • Providing services or things you may have requested;
  • Managing and administering your or your organisation's business relationship with ESA, including processing payments, accounting, auditing, billing and collection, support services;
  • Compliance with our legal obligations (such as record keeping obligations);
  • To analyse and improve our services and communications to you;
  • Protecting the security of and managing access to our premises, IT and communication systems, online platforms, websites and other systems, preventing and detecting security threats, fraud or other criminal or malicious activities;
  • For insurance purposes;
  • For monitoring and assessing compliance with our policies and standards;
  • To identify persons authorised to trade on behalf of our clients, customers, suppliers and/or service providers;
  • To comply with our legal and regulatory obligations and requests anywhere in the world, including reporting to and/or being audited by national and international regulatory bodies;
  • To comply with court orders and exercises and/or defend our legal rights; and
  • For any purpose related and/or ancillary to any of the above or any other purpose for which your personal data was provided to us.

Where you have expressly given us your consent, we may process your personal data also for the following purposes:

  • Providing you with access to content on the myfuture website;
  • Communicating with you through the channels you have approved to keep you up to date on the latest career information from myfuture (including newsletters and emails);
  • Customer surveys, marketing campaigns, market analysis, contests or other promotional activities or events; or
  • Collecting information about your preferences to create a user profile to personalise and foster the quality of our communication and interaction with you (for example, by way of newsletter tracking or website analytics).

With regard to email communication, we will - where legally required - only provide you with such information after you have opted in and provide you the opportunity to opt out anytime if you do not want to receive further communication from us. We will not use your personal data for taking any automated decisions affecting you or creating profiles other than described above.

2.3 With whom will we share your personal data?

Personal data will:

  • only be used for the stated purpose for which it was provided; and
  • not be disclosed to a third party without your consent unless otherwise authorised or required by law or to prevent or lessen a serious imminent threat to your life or health or that of another person.

We may share your personal data in the following circumstances:

  • We may instruct service providers within or outside of ESA, domestically or abroad, e.g. shared service centres, to process personal data for the Permitted Purposes on our behalf and in accordance with our instructions only. ESA will retain control over and will remain fully responsible for your personal data and will use appropriate safeguards as required by applicable law to ensure the integrity and security of your personal data when engaging such service providers; and
  • We may also use aggregated personal data and statistics for the purpose of monitoring website usage in order to help us develop our website and our services.

Otherwise, we will only disclose your personal data when you direct us or give us permission, when we are required by applicable law or regulations to do so.

2.4 Use of Cookies

Usage statistics or patterns obtained from tracking the level and range of interest in the website are collected in order to improve and develop myfuture. This information will be connected to a user’s profile but will be de-identified prior to any use in reports.

This website uses Google Analytics, a web analytics service provided by Google Inc. Google Analytics uses cookies, which are text files placed on your computer, to help the website analyse how users use the website. The cookie identifies your browser, not you personally. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google Inc. on servers in the United States.

Google Inc. uses this information for the purpose of evaluating your use of the website, compiling reports on website activity for ESA and providing other services relating to website activity and internet usage. Google Inc. may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google Inc's behalf. Google Inc. will not associate your IP address with any other data held by Google Inc.

You may refuse the use of cookies by selecting the appropriate settings on your browser, however if you do this you may not be able to use the full functionality of this website. When using this website, you consent to the processing of data about you by Google Inc. in the manner and for the purposes set out above.

ESA will not use or disclose your personal data to a third party other than as described in this privacy policy, without your express consent.

2.5 Personal data about other people which you provide to us

If you provide personal data to us about someone else (such as one of your employees or someone with whom you have business dealings) you must ensure that you are entitled to disclose that personal data to us and that, without our taking any further steps, we may collect, use and disclose that personal data as described in this privacy policy. In particular, you must ensure the individual concerned is aware of the various matters detailed in this privacy policy, as those matters relate to that individual, including our identity, how to contact us, our purposes of collection, our personal data disclosure practices (including disclosure to overseas recipients), the individual's right to obtain access to the personal data and make complaints about the handling of the personal data, and the consequences if the personal data is not provided (such as our inability to provide services).

2.6 Publication of your personal data

ESA will only publish personal data on the myfuture website if it has been collected for this purpose, with your knowledge, or if you have otherwise consented to the disclosure. When giving consent you should be aware that personal data published on the myfuture website is accessible to web users from all over the world.

Please note that if you post or comment on a social media platform, for example the myfuture Facebook page, the relevant social media platform privacy policy will apply to your personal data.

2.7 Security of your personal data

ESA takes reasonable steps to:

  • protect personal data that it holds against misuse, interference, loss, unauthorised access, modification or disclosure by utilising up-to-date electronic and physical security controls that comply with relevant industry standards and guidelines; and
  • destroy or permanently de-identify personal data if it is no longer required.

Personal data may be kept on our personal data technology systems, those of our contractors or in paper files.

Please note that:

  • this website does not provide facilities for the secure transmission of information across the internet. There are inherent risks associated with the transmission of personal information via the internet. If you do not wish to use the internet to transmit personal information you can mail or telephone ESA; and
  • if you link to a web page from our website, ESA’s privacy policy will no longer apply. Therefore, you should check the privacy and security statement that apply to the linked website.
2.8 Location of personal data

Generally personal data collected by ESA is stored in Australia; and not disclosed, accessed or transferred to overseas recipients. However, in respect of newsletters, ESA used Campaign Monitor until October 2017 to distribute newsletters. If you subscribed to newsletters and provided your personal information to ESA prior to 1 October 2017 then your name and email address will be stored in the United States in Campaign Monitor’s database. Please refer to Campaign Monitor's terms of use for further details on how it operates.

However, we may transfer your personal data abroad if required for the Permitted Purposes as described above. This may include countries which do not provide the same level of protection as the laws of your home country (for example, the laws within the European Economic Area or Australia). We will ensure that any such international transfers are made subject to appropriate or suitable safeguards as required by the General Data Protection Regulation (EU) 2016/679 or other relevant laws. You may contact us anytime using the contact details below if you would like further information on such safeguards.

We will also require our agents, consultants and sub-contractors and others who are outside the European Economic Area or Australia and to whom we transfer your personal data to ensure a similar level of data protection.

When doing so we will comply with applicable data protection requirements and take appropriate safeguards to ensure the security and integrity of your personal data.

3 Accessing and correcting personal data

If any of the personal data that you have provided to us changes, for example if you change your email address or if you wish to cancel any request you have made of us, or if you become aware we have any inaccurate personal data about you, please let us know by logging into myfuture and going to the ‘Account Details’ page or contact myfuture using the contact information below. We will not be responsible for any losses arising from any inaccurate, inauthentic, deficient or incomplete personal data that you provide to us.

4 For how long do we retain your personal data?

Your personal data will be deleted when it is no longer reasonably required for the Permitted Purposes or you withdraw your consent (where applicable) and we are not legally required or otherwise permitted to continue storing such data.

5 Your rights

Subject to certain legal conditions, you have the right to request a copy of the personal data about you which we hold, to have any inaccurate personal data corrected and to object to or restrict our using your personal data. You may also make a complaint if you have a concern about our handling of your personal data.

If you wish to do any of the above, please contact ESA using the contact information below. We may request that you prove your identity by providing us with a copy of a valid means of identification in order for us to comply with our security obligations and to prevent unauthorised disclosure of data.

We will consider any requests or complaints which we receive and provide you with a response in a timely manner. If you are not satisfied with our response, you may take your complaint to the relevant privacy regulator. We will provide you with details of your relevant regulator upon request.

6 Contact information for ESA and questions, comments, concern or complaints
If you have any questions, comments, concerns or complaints about ESA’s privacy practices for myfuture services, you can contact ESA by:

  • Telephone: +61 3 92079600
  • Post: Post Office Box 177, Carlton South, Victoria, Australia 3053; or
  • Email: privacy@esa.edu.au.

ESA will do its best to address and resolve any issues you raise. If you are not satisfied with ESA’s response you may take your complaint to the Office of the Australian Information Commissioner.

7 Changes to this Privacy Policy

ESA may make changes to this privacy policy from time to time to take account of new laws and technology or changes to ESA’s operation and practices. ESA recommends that you regularly check this privacy policy. Any changes will take effect as soon as they are posted on this website. You may obtain a paper copy of this privacy policy by contacting ESA via the contact details provided above.


Acknowledgements

Licences over third-party material
Public domain

Material owned by the following third parties is in the public domain and may be used freely.

  • O*Net OnLine, US Department of Labor, Employment and Training Administration
  • Pixabay (uncredited images throughout myfuture)
  • Picjumbo (uncredited image of workspace desk from above)
CC BY 4.0

Material owned by the following third parties may be used in accordance with the Creative Commons 4.0 Attribution International (CC BY 4.0) licence.

  • Australian Curriculum, Assessment and Reporting Authority (Australian Curriculum Framework)
  • Brotherhood of St Laurence
  • Chartered Accountants (Australia and New Zealand)
  • Commonwealth of Australia through Australian Government Department of Education and Training (HEIMS data)
  • Edith Cowan University
  • The University of Notre Dame
  • The University of Sydney
  • The University of Western Australia
  • University of Southern Queensland
  • Commonwealth of Australia through through the Department of Prime Minister and Cabinet (Krystal Hurst case study)
  • WorldSkills Australia (Videos)
CC BY-NC 4.0

Material owned by the following third parties may be used in accordance with the Creative Commons 4.0 Attribution-NonCommercial (CC BY-NC 4.0) licence.

  • Australian Apprenticeships Ambassadors Program (excluding logo)
  • Qantas Airways Limited (excluding company logo)
  • The Conversation (text)
CC BY 3.0 AU

Material owned by the following third parties may be used in accordance with the Creative Commons Attribution 3.0 Australia (CC BY 3.0 AU) licence.

  • Commonwealth of Australia through Australian Trade Commission [Austrade] (text on Darren Rowse and Jason Dundas)
  • Commonwealth of Australia through Australian Government Department of Education and Training (myskills data)
  • La Trobe University's Career Ready Team (text)
  • Fair Work Ombudsman (text)
CC BY 2.5 AU

Material owned by the following third parties may be used in accordance with the Creative Commons Attribution 2.5 Australia (CC BY 2.5 AU) licence.

  • Australian Bureau of Statistics
Non-commercial educational use with no time limit

Material owned by the following third parties may be used for non-commercial educational purposes without time limit.

  • Australian Broadcasting Corporation
  • Australian Industry Group
  • Australian Network on Disability
  • Bobbi Ballas
  • Bond University (Career insight article)
  • Catherine Yeomans
  • Commonwealth of Australia through Australian Government Department of Education and Training (Australian Apprenticeships case studies)
  • Department of Industry, Innovation and Science
  • Derek Swarts
  • Dylan Alexander, Orygen Youth Health
  • Gina Chinnery
  • Janine McIntosh
  • Jo Messer
  • Julia Doeven
  • Hugh Nichols
  • Kendal Drew
  • Rebecca Fraser
  • Duke of Edinburgh Award
  • Endeavour College
  • Megan Garratt
  • Meg Wolk
  • Moya O'Shea
  • Catherine Hughes, Grow Careers
  • Juliet Honey
  • Georgina Atkinson
  • Gillian Kelly
  • Girl Geek Academy
  • Pamela Ledley
  • Erin Watson-Lynn
  • Karen Penrose
  • Lisa Happell, Career4Connect
  • Janene Piip
  • Jane Pingo
  • Lina Caneva, Pro Bono Australia
  • Caroline Schmidt
  • Taronga Zoo
  • Ann Villiers
  • Vera Reed
  • University of Tasmania
  • Kangan Institute (Case studies)
  • Helen Green
  • Headspace
  • Johnathan Maltby
  • Charlotte Inwood
  • University of Southern Queensland (Case studies)
  • National Centre for Student Equity in Higher Education, Curtin University
  • Stacey King
  • JMC Academy (Case study)
Non-commercial educational use until December 2018

Material owned by the following third parties may be used for non-commercial educational purposes until 31 December 2018.

  • Australian Glass & Glazing Association [AGGA]
  • Australian Government Department of Education and Training (image of Joyce McLaughlin; image of and text on Tahnee Jamieson)
  • Commonwealth of Australia through Australian Trade Commission [Austrade] (image of Darren Rowse)
  • Qi Yang Photography
  • Corbis Images
  • University of Canberra
  • Grant Nowell
  • Christina Soong-Kroeger (text)
  • WA Department of Training and Workforce Development

Non-commercial educational use until June 2028

Material owned by the following third parties may be used for non-commercial educational purposes until 30 June 2028.

  • Curtin University (Videos)


Terms and Conditions for bulk subscriptions (NSW and WA)

A subscription to the myfuture exploration platform (myfuture) provides your institution’s students and/or teachers and/or staff with a non-transferable, non-commercial licence for unlimited use of myfuture from January 2018 to December 2018.

A subscription begins on the first day of the month if an application is received within the first 15 days of a month. If an application is received after the 15th day of a month then the subscription begins on the first day of the following month.

Education Services Australia Ltd (ESA) reserves the right to reject a subscription application at any time.

Two months before an institution’s subscription expires, ESA will send an invoice for renewal of your institution’s subscription to the specified primary contact. This renewal will be for the full calendar year of 2019.

An institution may cancel its subscription, but unless required by law, subscription fees will not be refunded. An institution will not be eligible for a refund or credit if it is unable to access myfuture for reasons not related to acts or omissions of ESA.

ESA reserves the right to:

  • change the subscription prices at any time. Changes in pricing will apply upon renewal of an institution’s subscription;
  • add to, remove from, or upgrade features, functions and any other parts of myfuture without notice; and
  • perform routine system maintenance on myfuture. ESA will perform routine system maintenance outside the hours of 9-5 pm weekdays AEST and will provide notice on myfuture regarding future maintenance unless prevented from doing so by factors beyond its reasonable control.

Your institution’s contacts nominated on this form agree that their name, position, telephone number and email address will be collected and stored by ESA and used for the purpose of managing your institution’s subscription, communicating about your institution’s subscription and to notify your institution of matters related to myfuture. Please refer to the myfuture Privacy Policy for detailed information about how ESA handles personal information.

Your institution agrees that any errors made in entering contact information and institution details are the responsibility of the institution and ESA is not liable for any consequences that may arise as a result of such errors or incorrect information. To the extent permitted by law, ESA is not liable to your institution, its students or teachers for any loss or damage incurred by your institution, its students or teachers, whether direct, indirect, consequential, special or any other loss or damage. Where liability cannot be limited under law, ESA’s maximum liability to your institution, its students and teachers is the value of the subscription paid within the previous calendar year.

Your institution’s subscriptions will be governed by Victorian law and the courts of Victoria, Australia will have exclusive jurisdiction to determine any matters that may arise in relation to a not-for-profit organisation subscription.

ESA reserves the right to modify these terms and conditions of subscription. ESA will post updates to the terms and conditions of subscription on myfuture and it is the responsibility of your institution to regularly review them to remain aware of any updates.