Privacy policy and terms of use

Our service

The Australian Infant Child Adolescent and Family Mental Health Association Ltd trading as Emerging Minds (‘we’ or ‘us’) is dedicated to advancing the mental health and emotional wellbeing of Australian infants, children, adolescents and their families. 

Emerging Minds develops mental health policy, services, interventions, training, programs and resources in response to the needs of healthcare professionals, children and their families. These include online resources, practical resources, and online and face-to-face training. We partner with family members, and national and international organisations to implement evidence based practice into the Australian context. We do this through various programs including the National Workforce Centre for Child Mental Health, which is supported by funding provided by the Australian Government. 

We collect data from the programs and provide de-identified data to the Australian Government based upon personal or sensitive information collected from individuals using this website. The purpose of providing the de-identified data to the Australian Government is so that the Australian Government can assess the current program and make policy decisions for future programs or activities. Your personal or sensitive information is not provided to the Australian Government under our existing funding arrangement. 

Privacy Policy 

We are committed to maintaining the trust and confidence of our users and visitors. We do not collect, sell, rent or trade email lists or any data with other companies or businesses. This Privacy Policy will provide detailed information on when and why we collect your personal information, how we use it once collected, the limited circumstances under which we may disclose it to others, and how we keep it secure. 

We are committed to the Australian Privacy Principles (“APPs”) as articulated in the Privacy Act 1988 (Cth). We consider by the implementation and compliance with these principles that we can create an open and transparent structure for the management of your personal information. We are committed to protecting your privacy. We are committed to keeping secure the personal information that you provide to us. We take our obligations to protect your personal information seriously.

This Privacy Policy describes our procedures for handling, using and managing your personal information. By providing any personal information to us, you indicate that you accept the methods that we use to handle, use and manage your personal information, the terms of this Privacy Policy, and the manner in which we comply with the APPs. 

About this Privacy Policy 

The purpose of this Privacy Policy is to tell you how we collect, use and manage your personal information and to outline our complaints handling process. This will include an explanation of: 

• the kind of personal information that we collect and hold about you; 
• how we collect your personal information; 
• how we hold your personal information; 
• the purposes for collecting, holding, using and disclosing your personal information; 
• how you may access your personal or sensitive information held by us and correct that information when it is incorrect; 
• how you may make a complaint about the way we collect, hold, use or disclose personal information, and how we will deal with privacy related complaints; 
• whether we hold your personal information with overseas service providers and the countries where such providers are located. 

This policy applies to you no matter how you interact with us or in what capacity you interact with us. 

You have the option of interacting with us anonymously, or if you wish, by using a pseudonym, where practicable, which in our experience occurs typically if the interaction is general in nature. If the interaction is more specific, then we may need to identify you, to ensure we can respond, or interact, with you efficiently, properly or more completely. 

The kinds of personal information that we collect and hold 

When used in this policy, ‘personal information’ has the meaning given in the Privacy Act. Generally, it means information or an opinion, whether true or not, and whether recorded in a material form or not, about an identified individual, or an individual who is reasonably identifiable. 

The type of personal information we collect and hold may vary depending on the nature of our interactions with you or our relationship with you. The information we collect and hold can include name, address, email address, mobile number, preferred means of communication, and on occasions may include specific health and sensitive information. We will collect and hold this type of information from you as we interact with you from time to time. 

We interact with you in many ways including, but not limited to, on this website, through learning management systems, or social media channels (for example, Facebook, Twitter, YouTube, Vimeo and LinkedIn). This collection of personal information may be required to allow you to receive information from us, to register to become a member, to order resources or to receive information about or become involved in our work or other initiatives. 

We only collect personal information that is reasonably necessary for one or more of our functions or activities. This includes different functions and activities we conduct as part of our National Workforce Program. Within this program we operate an online workforce gateway to provide access to free training, practice guides, webinars, tools, information and news; workforce advisors to support workforce development, systems change, information exchange and collaboration; and a Communication and Knowledge Translation Strategy to support the diffusion of evidence into practice. You accept when you provide personal information through this website to us that we will collect your personal information for these functions and activities. 

Some personal information referred to in the APPs is sensitive information, for example, health information. The nature of the activities we undertake and the assistance we provide to you results in sensitive information being collected. We will only collect sensitive information with your consent, or when permissible under Australian law, and we will only use this information to the extent that you have provided such consent for its specified purpose. 

To satisfy our legal obligations, we may need to retain your information after an interaction has been completed or a relationship has come to an end; however, we will not retain your identifiable personal information for longer than is reasonably necessary and allowable under Australian law. 

How we obtain express or implied consent from children and young people 

The Privacy Act does not specify an age after which individuals can make their own privacy decisions. We will need to determine on a case-by-case basis whether an individual under the age of 18 has the capacity to consent. We may require your assistance and support from you to determine whether consent is able to be provided. 

As a general principle, an individual under the age of 18 has capacity to consent when they have sufficient understanding and maturity to understand what is being proposed. In some circumstances, it may be appropriate for a parent or guardian to consent on behalf of a young person, for example, if the child is young or lacks the maturity or understanding to do so themselves. 

If it is not practicable or reasonable for us to assess the capacity of individuals under the age of 18 on a case-by-case basis, we will presume that an individual aged 15 or over has capacity to consent, unless there is something to suggest otherwise. An individual aged under 15 is presumed not to have the capacity to consent. 

How we collect and hold your personal information 

Wherever it is possible and practical to do so, we will collect personal information directly from you. This may be in person, over the telephone, by mail, over the internet, by e-mail or fax, or when you complete a form. 

If you order certain resources from us, we will also collect information which will allow us to process your order. We may also request your preferences for receiving further information about our programs, campaign or activities. 

We provide training delivered using an online eLearning system. When you participate in this training, we will collect personal information from you including information about your work role. 

In limited circumstances, where it is unreasonable or impracticable to collect personal information from you directly, we may collect your personal information from a third party. This will be limited to circumstances where it is impracticable or unreasonable for us to collect it from you. The type of third party who might provide information to us will vary depending on the nature of the interaction with you. It may be that a parent, guardian, family member, support provider, or professional adviser provides us with your personal information on your behalf or with your consent. It is our preference to collect personal information from you directly and we will endeavour to do so. 

Protection from misuse, interference, loss, unauthorised access or modification 

We understand the importance of protecting the personal information we hold about you. Given this, we are focused on protecting your personal information from misuse, interference, loss, unauthorised access or modification by: 

• securing all personal information; 
• limiting access to personal information to those that need access; and 
• protecting our systems with appropriate technology solutions. 

We take our obligation to protect your personal information we hold on your behalf seriously. We take reasonable steps to ensure the security of all information we collect, including that the information is protected from misuse and loss and from unauthorised access, modification or disclosure. For example, your personal information is maintained in a secure environment, which can be accessed only by authorised personnel. However, no data transmission over the internet or information stored on servers accessible through the internet can be guaranteed to be fully secure. 

Holding your personal information 

We hold your personal information within our networking hosting services and with service providers in Australia, Ireland and the United States of America. Our hosting provider or service providers in Australia, Ireland or the United States of America hold personal information that we have collected from you. This means your personal information may be transferred to, stored, and processed by us in our facilities and by those third parties with whom we may share your personal information, being our network hosting service and service providers in Australia, Ireland and the United States of America. 

In terms of our service providers in the United States of America and Ireland, we are aware that they are subject to substantially similar privacy and data protection laws that we have in Australia. Notwithstanding, we have requested that in holding your personal information that they specifically undertake to hold your personal information in accordance with the privacy principles that operate under Australian law. We would be pleased to provide further details to you upon your request, if you require such information. 

We intend to continue to hold your personal information through our service providers in Australia, Ireland and the United States of America. We are proceeding on the basis that you understand that we are doing so, and that you do not object to such occurring, and that you provide us with consent to do so. Your consent means that we will provide your personal information to our service provider to hold on our behalf. 

Use of your personal information 

We use your personal information to interact with you. This includes managing and administering the resources, information or services we provide to you. You may be a current user, or someone we have interacted with in the past, or may interact with again in the future. 

The personal information you provide to us may be used by us for the following purposes: 

• to allow you to obtain access to the interactive elements of our website (including the eLearning system); 
• to provide you with the information, resources or merchandise you have requested; 
• to involve you in activities or other initiatives undertaken by our organisation. 

If you choose to provide your personal details to us, you agree that your personal information may be used in the ways listed above. 

Some of the functions and services relating to the purpose for which you have provided personal information may be outsourced to third party external service providers. When we contract external services providers, we may provide them with your personal information, but only to the extent required for them to fulfil that contract (e.g. to send to you the resources you ordered from us). 

Where you have agreed to receive emails from us, we may use your personal information to send you emails about our resources, programs, events, training or activities. You will be provided with an opportunity in each email communication to decline to receive any further communications from us by unsubscribing. 

Your personal information may also be used to advise you of resources, information or services that may be of interest to you or in inviting you to attend events organised by us. If you do not want your personal information to be used for these purposes, you should tell us so that we can action this request. We may be contacted for this purpose by emailing info@emergingminds.com.au.

If you decide that you do not want us to use your personal information in the manner described, there will be an impact upon the resources, information or services that we are able to provide to you. We will not use or disclose personal information other than for the purpose for which it was collected or for a purpose reasonably related to it, except when required by law to do so unless we have your consent to do so.

Tracking information on this website 

For statistical purposes, we collect information on website activity such as the number of users who visit our website, the date and time of visits, the number of pages viewed, navigation patterns, what country and what systems users have used to access the site and, when entering one of our websites from another website, the address of that website. This information is obtained through the use of ‘cookies’ as a reporting mechanism. 

A ‘cookie’ is a packet of information that allows a website to identify and interact more effectively with a computer. Cookies do not identify you, although they do identify your browser type and Internet Service Provider. 

Your browser can be individually set to accept all cookies, reject all cookies, or notify when a cookie is sent. If cookies are rejected, there may be limits on how our website can be used. To evaluate the effectiveness of our website, we may use third parties to collect statistical data. No personal data is collected on these occasions. 

Cookies identify traffic coming into and out of the website. Cookies enable our web server to collect information back from your browser each time you visit our website. 

Cookies do not identify individual users. When you visit our website, our servers may record information about your usage, the time of your visit, its duration, the pages you visit and style settings. To this extent, you provide us with consent to de-identify such information by the use of cookies for this purpose. We do not collect information which can identify individuals who visit the site. Rather, when you visit our website, Google Analytics compiles data that records and logs your visit with the following information collected for strictly statistical purposes only: 

• the user’s server address 
• the user’s top level domain name (for example, .com, .gov, .au, .uk etc) 
• the date and time of the visit to the site 
• the pages accessed and documents downloaded 
• the search words and referral sites used 
• the type of browser used. 

Access to, and use of, this information is restricted to us. No attempt will be made by us to track or identify individual users or their browsing activities, except in the unlikely event of an investigation, where a law enforcement agency may execute a warrant to inspect Google Analytics logs. 

We will only use statistics obtained from cookies to ascertain and follow website usage to enable improvements, updates and maintenance of pages on the website. 

Who we may disclose personal information 

Personal information will only be disclosed to third parties in accordance with this Privacy Policy. Information may be provided to third parties where any functions or services relating to the purpose for which the personal information is collected are being outsourced or you would reasonably expect us to disclose it to a third party for a specific purpose. 

We will not use or disclose your personal information except in accordance with this Privacy Policy unless you have consented to the use or disclosure, or where disclosure is necessary to prevent injury to life or health or to investigate any suspected unlawful activity. 

From time to time, we share personal information with our researcher collaborators and partners, as defined in the arrangement we have with funding received from the Australian Government. As discussed above, we are also required to provide de-identified data to the Australian Government in accordance with the arrangements we have with the Australian Government. 

We may also disclose personal information to businesses which provide services to us from time to time. We require these businesses to comply with strict confidentiality requirements and the APPs. 

Destroying or de-identifying personal information 

We will take whatever steps are reasonable in the circumstances to destroy information or ensure that the information is de-identified once its use by us has been completed, and that the destruction is in compliance with Australian law for record retention. 

When we may disclose personal information to overseas service providers and the countries where such service providers may be located? 

We use service providers located in Australia and overseas to store personal information you have provided to us. As discussed above, we do so in accordance with this Privacy Policy and the APPs. Our overseas service providers are in the United States of America and Ireland. 

How you may access your personal information held by us 

You are entitled to access the information we hold about you. If it is a simple request, we invite you to contact us by email privacy@emergingminds.com.au. 

We will respond to you within 20 working days from the date of the request. We will also seek to provide you with access to the information in the manner that you have requested if it is reasonable and practicable to do so. 

If we cannot provide you with access to the personal information we hold, then we will advise you via return email. Examples of reasons we may refuse a request for access include, where providing the information: 

• may pose a threat to the health or safety of an individual or the public; 
• may have an unreasonable impact on the privacy of another individual; 
• is not allowed by law; or
• may reveal internal information relating to a sensitive decision making process. 

If you do not agree with the reasons that we have given to deny access to your information, then you may lodge a complaint in accordance with the mechanism referred to below. 

Correcting information where it is incorrect 

We want the personal information we hold to be correct and accurate. If information we hold about you is incorrect or inaccurate, we would like to know so that we can promptly correct it. We encourage you to contact us if the information we hold is incorrect or inaccurate. In certain situations, we may not agree to a request to correct information we hold about you. If this occurs, we will advise you of this and our reason for not agreeing to the correction request. To request that your personal information be corrected, please contact us via email privacy@emergingminds.com.au. 

Updating your personal information

If you believe any of the personal information we hold about you is not complete or current, we will take reasonable steps to update the information or delete it. To request for your personal information be updated or deleted, please contact us via email privacy@emergingminds.com.au. 

How you may make a complaint about the way we handle, use and manage personal information, and how we will deal with privacy related complaints 

If you wish to make a complaint about our handling, use or management of personal information, you should provide the details of the complaint to us by: 

Mail:
Emerging Minds
PO Box 2077
Hilton SA 5033
Australia
Attention: Privacy Officer 

Telephone:
(+61) 8 8367 0888 

Email:
privacy@emergingminds.com.au 

We ask that you provide as much information as possible about your complaint so that we can understand and respond to it. We will contact you within 20 working days to advise you of our response to your complaint. We will work with the appropriate regulatory authorities, to resolve any complaints regarding your personal information that we cannot resolve with you directly. 

If the complaint is not resolved, it may be referred to the Office of the Australian Information Commissioner (the ‘OAIC’). The contact details for the OAIC are: 

The Office of the Australian Information Commissioner 

GPO Box 2999 

Canberra ACT 2601 

Australia 

Telephone: 1300 363 992 

Fax: 02 9284 9666 

Website: www.oaic.gov.au 

Inquiries or comments 

We welcome any inquiry or comment in relation to the practice, procedures or systems that we have in place to protect your personal information. Please contact us if you wish to discuss any such matters via email privacy@emergingminds.com.au. 

Links to other websites 

Our website may also contain links to other websites. While these links are provided for convenience, if you are navigating to these sites please be aware that the information handling practices of the linked websites may differ from ours. While we try to link only to sites that share our high standards and respect for privacy, we are not unable to guarantee the privacy practices of other websites. 

This privacy notice does not cover the links within this website linking to other websites. Those sites are not governed by this Privacy Policy. If you have questions about how a site uses your information, you will need to check that site’s privacy statement. 

Website security 

Whenever personal information is sent via our website, we use high security levels to protect it. The security level of a webpage can be viewed by clicking on the internet browser’s padlock or key icon. 

Changes to this Privacy Policy

This policy will be kept up to date and published on this website. We may change this policy from time to time by updating this page. This policy is effective from 1 January 2019. 

Contact details 

Mail:
Emerging Minds
PO Box 2077
Hilton SA 5033
Australia
Attention: Privacy Officer 

Telephone:
(+61) 8 8367 0888 

Email:
privacy@emergingminds.com.au 

Agreement 

By accessing, or using this Website: www.emergingminds.com.au (“the Website”), you agree to be bound by these Terms of Use. The Website is owned by the Australian Infant Child Adolescent and Family Mental Health Association Ltd trading as Emerging Minds (‘we or ’us’). We may decide to amend these Terms of Use from time to time without prior notice to you so we recommend that you keep yourself acquainted with, and review these pages, for any updates from time to time. Any amendments have application to you from the date that the change occurs. 

You will not use the Website for any purpose that is unlawful or prohibited by the Terms of Use. By using this Website you are fully accepting the terms, conditions, warranties and disclaimers contained in this notice. If you do not accept these Terms of Use you should not use this Website. If you decide to stop using this Website after initially accept the Terms of Use, you must immediately stop using the Website, and notify us. 

What Emerging Minds Provides 

Emerging Minds is dedicated to advancing the mental health and emotional wellbeing of Australian infants, children, adolescents and their families. 

Emerging Minds develops mental health policy, services, interventions, training, programs and resources in response to the needs of healthcare professionals, children and their families. These include online resources, practical resources, online and face-to-face training. We partner with family members, national and international organisations to implement evidence–based practice into the Australian context. 

We assist professionals and organisations who work with children, their parents and/or their families to have the skills to identify, assess and support children at risk of mental health conditions. We do this through our various programs including the National Workforce Program which is supported by funding provided by the Australian Government. As a user of this Website you will find the tools, information, or resources available on this Website useful for their purpose. 

The contents of this Website do not constitute as advice and should not be relied upon in making or refraining from making, any decision. The Website accepts no liability for any consequences arising from the use of any of the tools, information or resources made available. Information supplied on the Website is not intended as a replacement for professional support a user may need. 

License to You 

The right to use the Website is provided to you through this license. We retain all ownership and proprietary rights in the Website and hereby grant you the non-exclusive, non-transferable, limited right to use the Website. This license commences upon your acceptance of these Terms of Use and continues until termination by us or you. 

We have the discretion to terminate your license immediately and without notice if you breach this license and we reserve our rights to take action against you. All rights not specifically granted under these Terms of Use are reserved by us and, as applicable, our licensors. This limited license excludes the right to frame or utilise framing techniques to enclose the Website or any portion of the Website; republish, redistribute, transmit, sell, or license the Website or any content contained in the Website (except as necessary to use the Website); make any use of the Website or any and/or all content other than for personal use; modify, reverse engineer or create any derivative works based upon the Website or any and/or all content; collect account information for the benefit of yourself or another party; use any meta tags or any other hidden text utilising any and/or all Website content; use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure or server; download any image or content and pass it off as your own, or provide it to a third party or republish or distribute it. 

Your License to Us 

By posting, submitting or otherwise publishing any material to the Website, you are representing that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material. By submitting or posting any material, you are granting us, a royalty-free, non-exclusive, license to use, copy, modify, transmit, distribute, and publish and display such material on the Website. For more information about what happens to your personal information please review our Privacy Policy. 

Our Obligations 

We reserve the right to make changes to the Website, its operation at any time without prior notice and you confirm that we shall not be liable to you for any such change. We may engage a third party to provide technical assistance with the Website. We will take reasonable steps to ensure the ongoing effective operation and maintenance of the Website and take steps to repair technical issues that arise from within the Website within a reasonable time, insofar as the issues are of a global nature, and do not arise from individual use. 

Requirements of Use 

All users of the Website should be aged 15 years or older, or be supervised by an adult or guardian. 

Links to External Websites 

We include links to third party websites that are controlled and maintained by others. Any link to external websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such websites. 

User Representations and Warranties 

All users represent and warrant that all information provided through this Website is true and correct and not false or misleading. Users agree to use the Website in accordance with these Terms of Use, in good faith, and to not bring into disrepute or cause reputational or other damage to us. 

You agree that you will not use the Website in a way that is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, disrespectful, inappropriate, harmful, hateful, abusive, tortious, obscene, invasive of another’s privacy, sexist, racist, homophobic, violent or degrading; infringes the intellectual or other proprietary interests of third parties; contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the Website, or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user’s use or enjoyment of the Website or otherwise breaches or encourages other users to breach these Terms of Use; violates any law; or encourages or incites any other person to engage in any of the above behaviour. 

You also agree that you will not: 

• Use technology or other means that is not authorised by us to access the Website; 
• Use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” to access the Website; 
• Attempt to, or introduce viruses or any other computer code, files or programs that may interrupt, destroy or limit the functionality of the Website; 
• Gain or attempt to gain unauthorised access to the Website including the networks or user accounts; or  
• Attempt to or engage in conduct that damages, disables, overburdens, or impairs the Website, servers or networks. 

Limited Liability  

Without limiting the operation of the Australian Consumer Law, we exclude all conditions, warranties, terms and guarantees otherwise implied by law. Except to the extent required by operation of the law, we have no liability for the use of the Website, the provision of information contained on the Website, any act or actions it undertakes in providing users the opportunity to use the Website or the use of any information contained on the Website, by any persons. We have no liability for any cause of action or damages arising for any act or actions by us in providing the services on this Website. We are not liable to pay for any indirect, economic, special or consequential loss or damage including but not limited to loss of revenue, profit, production, business or claims made against you, regardless of whether such is foreseeable or not. We are not liable for any claims arising from your use of the Website or the services arising from the Website. 

Warranties and Indemnities 

We do not warrant that the functional aspects of the Website will be uninterrupted or error free or that the Website, its content or the server are free of viruses or other harmful components. We maintain current anti-virus software, however, to the extent provided by law, we cannot and do not guarantee against third party interference to the Website. We do not warrant that the Website or its content will be compatible with third party software or hardware. We are not liable for any default or error which occurs as a result of an event or events which are beyond our control. 

Users agree to keep us fully indemnified against all or any claims by any person whatsoever for injury, loss or damage suffered in connection with the provision of services through the Website or the use of information contained on this Website and any claim howsoever arising whether in tort or contract for any loss, damage, compensation, failure to deliver, or any delay in the provision of services or information, including but not limited to any special, indirect or consequential loss, loss of profit or revenue, loss of expected savings, loss of business contracts, opportunity costs, loss or reduction of goodwill, and damage to reputation howsoever arising, including all reasonable costs arising from defending a claim arising from use of the Website. 

We do not have to have incurred these costs to claim on this indemnity. 

Intellectual Property Rights 

We retain all ownership rights over all intellectual property (registered or unregistered) available on the Website, including, but not limited to, source code, audio-visual effects, themes, dialog, settings, artwork, sound effects, musical works, moral rights, blog postings and resource material provided via the Website. We claim copyright over all content on the Website and over all material contained therein, unless otherwise indicated. Where content on the Website is not owned by us, we are licensed or permitted by law to use it. 

Relationship 

You are accessing and using this Website as an independent third party. You may not claim, or hold yourself out to any person as having any relationship, authority, right or entitlement to represent or act as our agent. 

Cancellation by Users 

Users can stop using the Website at any time. 

Concerns and Disputes 

We welcome feedback about the operation of the Website. If you wish to provide any such feedback, please provide it to: 

Mail:
Emerging Minds
PO Box 2077
Hilton SA 5033
Australia
Attention: Privacy Officer 

Telephone:
(+61) 8 8367 0888 

Email:
privacy@emergingminds.com.au 

If you have a complaint or wish to raise an issue, please do so by: 

Mail:
Emerging Minds
PO Box 2077
Hilton SA 5033
Australia
Attention: Privacy Officer 

Telephone:
(+61)8 8367 0888 

Email:
privacy@emergingminds.com.au 

We will endeavour to respond to any complaint or dispute within 20 working days. Please note that if the complaint relates to personal information, a complaints process is included in the Privacy Statement and that process should be used for pursuing such complaints. 

Modifications 

We may revise these Terms from time to time, and will always post the most current version on our Website. If a revision meaningfully reduces your rights, we will notify you (by, for example, sending a message to the email address associated with your account, posting on a blog or on this page). By continuing to use or access the services after the revisions come into effect, you agree to be bound by the revised Terms. 

Breaches of These Terms and Conditions 

We reserve the right to take any of the following action if we reasonably suspect that a breach of this Agreement has occurred: 

(a) issue a formal warning; 

(b) suspend or prohibit access to the Website; 

(c) block access to the Website;  

(d) take legal action against you,  

(e) suspend or delete your account, and 

(f) report a matter to law enforcement. 

If we suspend or prohibit or block your access to our Website, action taken by you to circumvent suspension or prohibition or blocking will be considered as a further breach of this Agreement. 

General  

If any provision of this Agreement is invalid under any law, the provision will be deleted from the Agreement and the remaining provisions will remain in full force and effect. This Agreement shall be governed by, and construed in accordance with the laws of South Australia and the parties agree that any claim arising out of this Agreement will be heard in South Australia. 

Severability  

Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be effective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability in such provision in any other jurisdiction. 

Contact Details 

If you wish to contact us about any matter, please do so by: 

Mail:
Emerging Minds
PO Box 2077
Hilton SA 5033
Australia
Attention: Privacy Officer 

Telephone:
(+61)8 8367 0888 

Email:
privacy@emergingminds.com.au 

Agreement 

By accessing, or using this Website: focus.emergingminds.com.au (“the Website”), you agree to be bound by these Terms of Use. The Website is owned by the Australian Infant Child Adolescent and Family Mental Health Association Ltd trading as Emerging Minds (‘we or ’us’). We may decide to amend these Terms of Use from time to time without prior notice to you so we recommend that you keep yourself acquainted with, and review these pages, for any updates from time to time. Any amendments have application to you from the date that the change occurs.

You will not use the Website for any purpose that is unlawful or prohibited by the Terms of Use. By using and registering for an account on this Website you are fully accepting the terms, conditions, warranties and disclaimers contained in this notice. If you do not accept these Terms of Use you should not use this Website. If you decide to stop using this Website after initially accept the Terms of Use, you must immediately stop using the Website, and notify us to remove your account.  Refer to user accounts section for more information on account removal.

What Emerging Minds provides 

Emerging Minds is dedicated to advancing the mental health and emotional wellbeing of Australian infants, children, adolescents and their families.

Emerging Minds develops mental health policy, services, interventions, training, programs and resources in response to the needs of healthcare professionals, children and their families. These include online resources, practical resources, online and face-to-face training. We partner with family members, national and international organisations to implement evidence–based practice into the Australian context.

We assist professionals and organisations who work with children, their parents and/or their families to have the skills to identify, assess and support children at risk of mental health conditions. We do this through our various programs including the National Workforce Program which is supported by funding provided by the Australian Government. As a user of this Website you will find the tools, information, or resources available on this Website useful for their purpose.

The contents of this Website do not constitute as advice and should not be relied upon in making or refraining from making, any decision. The Website accepts no liability for any consequences arising from the use of any of the tools, information or resources made available. Information supplied on the Website is not intended as a replacement for professional support a user may need.

License to you 

The right to use the Website is provided to you through this license. We retain all ownership and proprietary rights in the Website and hereby grant you the non-exclusive, non-transferable, limited right to use the Website. This license commences upon your acceptance of these Terms of Use and registration of our account continues until termination by us or you.

We have the discretion to terminate your license immediately and without notice if you breach this license and we reserve our rights to take action against you. All rights not specifically granted under these Terms of Use are reserved by us and, as applicable, our licensors. This limited license excludes the right to frame or utilise framing techniques to enclose the Website or any portion of the Website; republish, redistribute, transmit, sell, or license the Website or any content contained in the Website (except as necessary to use the Website); make any use of the Website or any and/or all content other than for personal use; modify, reverse engineer or create any derivative works based upon the Website or any and/or all content; collect account information for the benefit of yourself or another party; use any meta tags or any other hidden text utilising any and/or all Website content; use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure or server; download any image or content and pass it off as your own, or provide it to a third party or republish or distribute it.

Your license to us 

By posting, submitting or otherwise publishing any material to the Website, you are representing that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material. By submitting or posting any material, you are granting us, a royalty-free, non-exclusive, license to use, copy, modify, transmit, distribute, and publish and display such material on the Website. For more information about what happens to your personal information please review our Privacy Policy.

Our obligations 

We reserve the right to make changes to the Website, its operation at any time without prior notice and you confirm that we shall not be liable to you for any such change. We may engage a third party to provide technical assistance with the Website. We will take reasonable steps to ensure the ongoing effective operation and maintenance of the Website and take steps to repair technical issues that arise from within the Website within a reasonable time, insofar as the issues are of a global nature, and do not arise from individual use.

Requirements of use 

All users of the Website should be aged 15 years or older, or be supervised by an adult or guardian.

Jurisdiction

This Agreement shall be governed by, and construed in accordance with the laws of South Australia and the parties agree that any claim arising out of this Agreement will be heard in South Australia.

Privacy

The Emerging Minds Focus website collects and uses information to create a record of visits and logs of users of this site for statistical analysis of traffic to the site and to improve the website for the benefit of users. This may include the user’s IP address, date and time of visit to the site, pages accessed and information added. No attempt will be made to identify an individual user’s system use activities except where a law enforcement agency exercises a warrant enforcing Emerging Minds to do so or in circumstances where a user of website has failed to comply with these terms and conditions, in which case such information shall be used solely to deny such user with access to the site.

The Emerging Minds Focus website site collects and retains personal information from users for use of the website. This information includes personal information collected in the registration process and disclosed during completion of questionnaire and the use of frameworks. Such personal information may also be used to notify you of updates and information related to the use of the Emerging Minds Focus website, unless you specifically advise that you do not wish to receive such information. These details are stored within the website and in a database accessible to Emerging Minds staff, stored on a secure server location hosted in Australia, and will not be used for any other purpose. Outside of this use, your personal information will not be disclosed to any other third party without your consent except where a law enforcement agency exercises a warrant enforcing Emerging Minds to do so.

The Emerging Minds Focus website collects and records user responses to frameworks and questionnaires. This material will be used to support users use and functions of the website. It is visible to the user that submitted the information and all users granted access to the information from within the website, Emerging Minds or their agent’s staff. The information may also be used by Emerging Minds for improvement and evaluation of this website. Collated, de-identified material may be used for, evaluation and reporting activities to the Department of Health and Aged Care and to organisations conducting approved research, such as universities and research centres. You will not be identified or acknowledged as the author of this material except where a law enforcement agency exercises a warrant enforcing Emerging Minds to do so. For more information refer to Emerging Minds Privacy Policy (see above).

Security

You should note that there are inherent risks associated with transmission of information via the internet. You should make your own assessment of the potential risks to the security of your information when making a decision as to whether or not you should utilise this site.

Emerging Minds does not represent or warrant that the Emerging Minds Focus website and any other information or material contained in, downloaded or accessible from the website, is free from computer malware (including but not limited to viruses, worms, trojans, spyware, adware) or any other defect or error which may affect your software or systems. You should protect your software and systems by installing and implementing your own security and system checks.

Emerging Minds may withdraw completely, or suspend for a period of time, the Emerging Minds Focus website, or access to it for any reason including, without limitation, where there is an interruption, fault, virus, unauthorised access or other malicious attack on Emerging Minds’ system or where maintenance or upgrading of the system is required.

User accounts

You must create an account and provide certain information about yourself in order to use some of the features that are offered on the Emerging Minds Focus website. You are responsible for ensuring the accuracy of this information, and you are responsible for maintaining the safety, confidentiality and security of your identifying information. You may not impersonate someone else, create, claim or use an account for anyone but yourself, provide an email address or phone number other than your own, or create fake or multiple accounts. You are also responsible for all activities that occur under your account or password. If you think there are any possible issues regarding the security of your account on the website, inform us immediately at focus@emergingminds.com.au so we may address them accordingly. We reserve all rights to terminate accounts, edit or remove content and cancel accounts at our sole discretion. This website will only be accessible in Australia, therefore, all registered users must access the system from Australia. Users may request to have their account removed. To request the removal of an account, contact focus@emergingminds.com.au. Where an individual’s account is removed, the information the removed user entered on the website will remain. Where an organisations account (and all associated users) is removed all information on the website will be removed and will no longer be accessible to any individual users granted access, including Emerging Minds users. This removed information will no longer be accessible or recoverable to any users in the future. Website usage logs and entered information will remain in secure backend servers, stored in Australia. This collated, de-identified material may be used for, evaluation and reporting activities to the Department of Health and Aged Care and to organisations conducting approved research, such as universities and research centres.

Links to external websites 

We include links to third party websites that are controlled and maintained by others. Any link to external websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such websites.

User representations and warranties 

All users represent and warrant that all information provided through this Website is true and correct and not false or misleading. Users agree to use the Website in accordance with these Terms of Use, in good faith, and to not bring into disrepute or cause reputational or other damage to us.

You agree that you will not use the Website in a way that is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, disrespectful, inappropriate, harmful, hateful, abusive, tortious, obscene, invasive of another’s privacy, sexist, racist, homophobic, violent or degrading; infringes the intellectual or other proprietary interests of third parties; contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the Website, or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user’s use or enjoyment of the Website or otherwise breaches or encourages other users to breach these Terms of Use; violates any law; or encourages or incites any other person to engage in any of the above behaviour.

You also agree that you will not:

• Use technology or other means that is not authorised by us to access the Website;
• Use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” to access the Website;
• Attempt to, or introduce viruses or any other computer code, files or programs that may interrupt, destroy or limit the functionality of the Website;
• Gain or attempt to gain unauthorised access to the Website including the networks or user accounts; or
• Attempt to or engage in conduct that damages, disables, overburdens, or impairs the Website, servers or networks.

Limited liability  

Without limiting the operation of the Australian Consumer Law, we exclude all conditions, warranties, terms and guarantees otherwise implied by law. Except to the extent required by operation of the law, we have no liability for the use of the Website, the provision of information contained on the Website, any act or actions it undertakes in providing users the opportunity to use the Website or the use of any information contained on the Website, by any persons. We have no liability for any cause of action or damages arising for any act or actions by us in providing the services on this Website. We are not liable to pay for any indirect, economic, special or consequential loss or damage including but not limited to loss of revenue, profit, production, business or claims made against you, regardless of whether such is foreseeable or not. We are not liable for any claims arising from your use of the Website or the services arising from the Website.

Warranties and indemnities 

We do not warrant that the functional aspects of the Website will be uninterrupted or be error free or that the Website, its content or the server are free of viruses or other harmful components. We maintain current anti-virus software, however, to the extent provided by law, we cannot and do not guarantee against third party interference to the Website. We do not warrant that the Website or its content will be compatible with third party software or hardware. We are not liable for any default or error which occurs as a result of an event or events which are beyond our control.

Users agree to keep us fully indemnified against all or any claims by any person whatsoever for injury, loss or damage suffered in connection with the provision of services through the Website or the use of information contained on this Website and any claim howsoever arising whether in tort or contract for any loss, damage, compensation, failure to deliver, or any delay in the provision of services or information, including but not limited to any special, indirect or consequential loss, loss of profit or revenue, loss of expected savings, loss of business contracts, opportunity costs, loss or reduction of goodwill, and damage to reputation howsoever arising, including all reasonable costs arising from defending a claim arising from use of the Website.

We do not have to have incurred these costs to claim on this indemnity.

Intellectual property rights 

We retain all ownership rights over all intellectual property (registered or unregistered) available on the Website, including, but not limited to, source code, audio-visual effects, themes, dialog, settings, artwork, sound effects, musical works, moral rights, blog postings and resource material provided via the Website. We claim copyright over all content on the Website and over all material contained therein, unless otherwise indicated. Where content on the Website is not owned by us, we are licensed or permitted by law to use it.

The Emerging Minds Focus website collects and records user responses to frameworks and questionnaires. This information is used by users to complete frameworks, questionnaires and associated action plans. By entering this information on the website, you provide Emerging Minds with a non-exclusive, worldwide, royalty free, perpetual licence to use such data, text or information submitted on the website, to support their use and functionality of the tool. This information will be stored in a database stored in a secure server location hosted in Australia and will not be used for any other purpose.

Relationship 

You are accessing and using this Website as an independent third party. You may not claim, or hold yourself out to any person as having any relationship, authority, right or entitlement to represent or act as our agent.

Cancellation by users 

Users can stop using the Website at any time or have their account removed upon request.

Concerns and disputes 

We welcome feedback about the operation of the Website. If you wish to provide any such feedback, please provide it to:

Mail:
Emerging Minds
PO Box 2077
Hilton SA  5033
Australia
Attention: Privacy Officer

Telephone:
(+61) 8 8367 0888

Email:
privacy@emergingminds.com.au 

If you have a complaint or wish to raise an issue, please do so by:

Mail:
Emerging Minds
PO Box 2077
Hilton SA 5033
Australia
Attention: Privacy Officer

Telephone:
(+61) 8 8367 0888

Email:
privacy@emergingminds.com.au 

We will endeavour to respond to any complaint or dispute within 20 working days. Please note that if the complaint relates to personal information, a complaints process is included in the Privacy Statement and that process should be used for pursuing such complaints.

Modifications 

We may revise these Terms from time to time, and will always post the most current version on our Website. If a revision meaningfully reduces your rights, we will notify you (by, for example, sending a message to the email address associated with your account, posting on a blog or on this page). By continuing to use or access the services after the revisions come into effect, you agree to be bound by the revised Terms.

Breaches of these terms and conditions 

We reserve the right to take any of the following action if we reasonably suspect that a breach of this Agreement has occurred:

(a) issue a formal warning;

(b) suspend or prohibit access to the Website;

(c) block access to the Website;

(d) take legal action against you,

(e) suspend or delete your account, and

(f) report a matter to law enforcement.

If we suspend or prohibit or block your access to our Website, action taken by you to circumvent suspension or prohibition or blocking will be considered as a further breach of this Agreement.

General  

If any provision of this Agreement is invalid under any law, the provision will be deleted from the Agreement and the remaining provisions will remain in full force and effect. This Agreement shall be governed by, and construed in accordance with the laws of South Australia and the parties agree that any claim arising out of this Agreement will be heard in South Australia.

Severability  

Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be effective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability in such provision in any other jurisdiction.

Contact details 

If you wish to contact us about any matter, please do so by:

Mail:
Emerging Minds
PO Box 2077
Hilton SA 5033
Australia
Attention: Privacy Officer

Telephone:
(+61)8 8367 0888

Email:
privacy@emergingminds.com.au