Terms of use (IT Systems) policy

1    Background and purpose

These terms of use (‘Terms’) is intended to be a guide to all users, recipients of data, administrators, members of the public or any other person who may view, access or use a Life Saving Victoria (LSV) application, website or database, or the related data contained in such a system.

These systems include but are not limited to LIMSOC, Club Gateway, Risk App, Sports App, aXcelerate, websites, LSV social media platforms or any other system that may be used by an employee, contractor, volunteer state officer, LSV volunteer, member of LSV (including a member of its Clubs and any other affiliated organisations) or member of the public.

In addition, these Terms seeks to protect the privacy of LSV members and their personal details as well as the integrity of information contained in LSV systems. These Terms also outlines the responsibilities of users of such systems.

In these Terms, the expression “you” is a reference to all users, recipients of data, administrators, members of the public or any other person who may view, access or use an LSV application, website, database or any other IT system or the related data contained in such a system.

You acknowledge and agree that other lifesaving entities may have terms similar to these Terms.

2    User responsibilities

The following statement outlines the responsibilities of people using any IT system made available or provided by LSV (including but not limited to its Clubs and other affiliated organisations) where data may be entered, viewed or amended.

By using an application, database, IT system or website made available or provided by LSV (‘IT System’) you acknowledge and agree that:

a.    by logging-in to an IT System you have agreed to these terms of use and to abide by and act in accordance with these Terms;

b.    by logging-in to an IT System you have agreed to act in good faith and at times for a proper purpose;

c.    you are responsible for any user content posted by you on an IT System. You warrant that all user content entered into any IT System or posted on the LSV website by you:

i.    is true and correct;

ii.    is not misleading or deceptive, defamatory or obscene;

iii.    does not infringe a third party’s intellectual property rights; and

iv.    can be lawfully published by LSV;

d.    only information relating to you or relevant to your duties as an employee, contractor, volunteer state officer or volunteer of a lifesaving entity recognised by LSV will be accessed by you;

e.    you will not knowingly extract data from IT Systems and use that data in a way that could cause misuse, loss, unauthorised access, modification or disclosure. This includes storage of extracted data on external portable devices such as a USB storage device or on any online storage facility including but not limited to services such as iCloud, Dropbox, Microsoft OneDrive or Google Drive. You must not also transmit any data via email or any other unencrypted transfer method;

f.    you will not change or enter any information or records relating to you except personal contact information or information that any person may change themselves through an online system. Any changes to your information outside of the personal details exception should be made by the next highest authority – for the avoidance of doubt, the lifesaving hierarchy for the purposes of this paragraph are: Club → LSV → SLSA/RLSSA. Where you believe you should be entitled to change your own records (as no conflict of interest arises, either real or perceived), you must consult the next highest authority and obtain written permission to do so before such changes are made;

g.    information in an IT System relating to a person must only be released in accordance with the LSV Privacy Policy which is accessible on LSV’s website;

h.    you will abide by any other LSV and SLSA policy including but not limited to Social media use, Photography, Digital Recording & Images, Member Protection and Child Safe Policies;

i.    you will advise LSV when you no longer need a login so that the access can be terminated;

j.    your Club, LSV or SLSA/RLSSA (as appropriate) may revoke individual access to any lifesaving IT System and you agree you shall not attempt to re-activate access without authorisation. If a dispute arises with access, LSV IT shall require minuted proof of any decision made;

k.    you will not knowingly give another person your password or access to any IT System without first obtaining the written permission of LSV and following the proper login procedures;

l.    to protect the integrity of the data contained in the IT Systems, LSV will monitor usage within the IT Systems. You acknowledge that you are aware of and agree to this monitoring;

m.    when using IT Systems you are governed by and must act in accordance with the SLSA and LSV Constitution, By-Laws, Regulations, Policies (including but not limited to the LSV Privacy Policy) and any Standard Operating Procedures that relate to processes facilitated by any IT System – such policies and procedures can be viewed on the relevant website or a copy can be provided upon request;

n.    no personal information relating to any member or person will be accessed, viewed or amended by you except for the reasons or purpose of carrying out the job, role or function delegated to you by LSV or your Club and where such access, viewing or amendment is part of the role defined in your access application and/or position description. For the avoidance of doubt you cannot use any IT System or any information in an IT System for a personal reason or material personal benefit or to the prejudice of any other person;

o.    any data extracted by you, for the reasons or purpose of carrying out the job, role or function delegated to you by LSV or your Club, from any IT System is done in accordance with the requirements set out in LSV’s Privacy Policy, this includes providing data to third parties not authorised by LSV in writing to receive this data;

p.    communication at a Club level to/with members who are under the age of 18, using data obtained from an IT System shall be only permitted when approved by a relevant parent/guardian. The parent/guardian can enact the Do not send function (where available) at their own discretion for a minor under their care. If unsure, a user should seek advice and/or approval from their lifesaving entity management committee;

q.    you shall ensure that any device that you use to access data on any secured system provided by LSV shall be protected from malicious code, unauthorised access, malware or any other unintended access or use by means of antivirus software, passcode, encryption and or any other accepted means to prevent such malicious access on your device;

r.    if you are a volunteer state officer or an employee, contractor, volunteer of LSV, Club or other external or affiliated organisation responsible for any web-based system or site relating to LSV or lifesaving, you must make every effort to ensure that this social media site, website, system or other web/browser accessed conforms to these Terms and any other LSV related policies;

s.    access by any person (including logins, passwords and permissions) to any IT system or system provided by LSV or related external entity (including but not only SLSA/RLSSA) will only be used as they were allocated or intended (as part of a job role or function) by the system administrator and no person shall use another person’s login, password or permissions without specific permission from that systems administrator (or CEO in the case of an employee related access query); and

t.    any breach of these Terms may result in disciplinary and/or legal action being taken by LSV (or relevant lifesaving entity) against you.

3    Website and IT Systems – General usage policy

The following statement outlines the responsibilities of people (i.e. recipients of data) such as members of the public, an LSV Member or other interested party who may view or interact with an IT System.

a.    Use of the LSV website (‘Website’) and the facilities on it (including, but not limited to, the use of any IT Systems accessible on the Website) and any material or information obtained from this Website is at your own risk. LSV expressly disclaims, to the fullest extent permitted by applicable law, all warranties, express or implied, of any kind including but not limited to implied warranties of merchantability, fitness for a particular purpose, title and infringement.

b.    LSV is not, and will not be, responsible for the failure of performance of the Website, any IT System and/or the software used thereon or obtained therefrom; the loss of data or services resulting from delays, non-deliveries, mis-deliveries, or service interruption; the accuracy, quality, timeliness, completeness or nature of information obtained through its services; any omission in the information provided; nor the consequences arising from or related to any viruses transmitted through its servers, or any liability, costs, loss of profits or consequential losses arising from your use of, or inability to access an IT System or the Website.

c.    In relation to content provided by users, LSV is not, and will not be, responsible for any such content (if any) posted by users in social media sites, chat rooms or othercommunity areas. All such content whether expressed as opinions, statements or recommendations, are those of users expressing such views and are not those of LSV.

d.    A Website may be linked to or from other sites that are not maintained by LSV or in any way connected to LSV. LSV does not control in any respect any information, products or services offered by such other sites and is NOT, and will NOT, be responsible for the content of such other sites. For example, users may be able to buy goods and services via the Website, some of which may be through third party retailers who link to the Website. Users may also correspond with, or participate in, promotions of advertisers on the Website. LSV in no way endorses these third parties and any such transactions, dealings, correspondence with or participation in promotions of third parties, including the delivery of and the payment for goods and services and any other terms, conditions, warranties or representations associated with such matters are solely between the corresponding user and the third party. LSV assumes no liability, obligation or responsibility for any part of any such transaction, dealing, correspondence or participation.

e.    All copyright in the text, images, photographs, graphics, user interface, and other content provided on the IT Systems or the Website, and the selection, coordination, and arrangement of such content, are owned or licensed by LSV to the full extent provided under Australian copyright laws and all international copyright laws.

f.    You may view the Website and its contents but you are prohibited from copying, reproducing, modifying, distributing, displaying, performing or transmitting any of the contents of the Website for any purposes without the prior written consent of LSV. The Website and the information contained in it are for informational purposes only. Any reproduction, copying, or redistribution for commercial purposes of any materials or design elements of the Website is strictly prohibited without LSV’s prior written consent.

g.    The IT Systems and Website include registered and unregistered trademarks of LSV and various third parties, including but not limited to SLSA and other SLSA State Centres and commercial partners of LSV. You may not use these trademarks without the prior written consent of the owner of the relevant trade mark.

4    Conclusion

By using or logging on to a browser-based application, a social media site, a website or other IT System provided by LSV or Club, the user is agreeing to abide by and act in accordance with these Terms. By using an application, database, IT system or website, you acknowledge that LSV has a right to use any of the information entered into the IT systems by you.

5    Policy breach

LSV encourages you to report any activity which is perceived to have breached these Terms. If you believe there has been a breach of these Terms, please report and submit details of the alleged breach by sending an email to integrity@lsv.com.au