Copyright and legal

Contents

1. Conditions of use
2. Privacy Policy
3. Acknowledgements


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. Please note that the myfuture Privacy Policy was updated on 1 September 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

1. Purpose of this Privacy Policy

Education Services Australia Limited (ESA) maintains and hosts the myfuture website (Website).

The purpose of this Privacy Policy is to explain how ESA safeguards your privacy by complying with its obligations in the Privacy Act (Cth) 1988 (Privacy Act). Information on Australian privacy law can be found on the website of the Office of the Australian Information Commissioner www.oaic.gov.au.

2. What is Personal Information?

Personal information in this Privacy Policy has the same meaning as 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."

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

3. Handling of Personal Information

3.1 Collection

When you register on the Website, contact ESA or attend a myfuture event ESA may collect the following information:

  • the month and year of your birth;
  • gender;
  • post code;
  • state/territory;
  • country;
  • your email address;
  • your name;
  • your career stage (including, as relevant, type of school, type of tertiary student, parent, teacher, career practitioner or other adult).

When you visit this Website, the myfuture server makes a record of your visit and logs the following information:

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

3.2 Remaining anonymous or using a pseudonym

Where it is not impractical or unlawful, you may interact with ESA without identifying yourself or using a pseudonym. However, if you do so, ESA may not be able to provide you with the most relevant information.

3.3 Use or Disclosure of your Personal Information

Personal information collected by ESA in connection with myfuture may be used for the purposes of:

  • providing you with access to content on the Website;
  • reviewing Website usage patterns in order to optimise the user experience (e.g. providing personalised content)
  • contacting you, for example to:

    • inform you of updates to myfuture;
    • provide you with career information; and
    • send you newsletters.

    If you no longer wish to receive such communications, please inform ESA at privacy@esa.edu.au.

Personal information 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 and imminent threat to your life or health or that of another person.

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 information to a third party other than as described in this Privacy Policy, without your express consent.

3.4 Publication of your personal information

ESA will only publish personal information on the 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 information published on the Website is accessible to web users from all over the world. This means that, once personal information is published on this Website, ESA will have no control over its subsequent use and disclosure.

3.5 Security of your personal information

ESA takes reasonable steps to:

  • protect personal information 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 information upon request or if it is no longer required.

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.  

3.6 Location of personal information

Personal information 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.

4. Accessing and correcting personal information

If you want to know what, if any, personal information ESA hold about you, or wish to correct any personal information ESA may hold about you, you may access this information by contacting ESA via the Contact Us page on the Website or using the ESA contact information below.

5. 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. Therefore, ESA recommends that you regularly check this Privacy Policy.

6. Contact Information for ESA

If you have any questions, comments or complaints about ESA’s privacy practices for myfuture, you can contact ESA by:

  • telephone:
    • (within Australia) 03 92079600
    • (outside Australia) 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.

You may obtain a paper copy of this Privacy Policy by contacting ESA via the above contact details.

This Privacy Policy was last updated on 1 September 2017.


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
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)
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)
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
  • Catherine Yeomans
  • Commonwealth of Australia through Australian Government Department of Education and Training (Australian Apprenticeships case studies)
  • Department of Industry, Innovation and Science
  • Dylan Alexander, Orygen Youth Health
  • Gina Chinnery
  • Jo Messer
  • Julia Doeven
  • Kendal Drew
  • Rebecca Fraser
  • Duke of Edinburgh Award
  • Endeavour College
  • Megan Garratt
  • Catherine Hughes, Grow Careers
  • Juliet Honey
  • Georgina Atkinson
  • Gillian Kelly
  • 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)
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