TERMS OF USE AND PRIVACY POLICY

In the Terms of Use and the Privacy Policy:

ESA means Education Services Australia Limited.

Registered User means an individual who has registered online to have access to the PLM.

PLM means the Early Childhood Resource Hub Professional Learning Modules but does not include any websites to which the PLM have links (if any).

Terms of Use

Use of the Early Childhood Resource Hub Professional Learning Modules (PLM) is subject to the Terms of Use set out below. Please read and ensure you understand these Terms of Use prior to using the PLM. If you proceed to use the PLM, your use will be taken as acceptance of these Terms of Use.

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

These Terms of Use were last updated on 13 November 2020.

Professional Learning Modules

Unless indicated otherwise, all intellectual property rights subsisting in the PLM are owned by the Commonwealth of Australia. For the avoidance of doubt, no legal relationship is created between the Commonwealth of Australia and a Registered User.

ESA provides access to the PLM in good faith and has endeavoured to ensure that content of each PLM is accurate and does not breach any entity's rights at the time of its inclusion. However, a PLM may contain unintentional errors and is provided 'as is'.

You may:

  • (until 31 October 2025 or upon 65 days’ notice) use the PLM free of charge for non-commercial educational purposes, provided all acknowledgements are retained.

You must not:

  • use a PLM or any part of it for commercial purposes or without the acknowledgements;
  • do anything that would infringe the moral rights of the creator of a PLM or any part of it; or
  • circumvent any technological protection measure (for example, a password) or interfere with any electronic rights management information.

When you use a PLM in accordance with these Terms 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 PLM.

Acknowledgements for Third-Party-Owned Material

Material in a PLM that is owned by a third party (that is, not owned by the Commonwealth of Australia) is indicated underneath that material, except for:

  • Banner image of two children © Education Services Australia Limited.
  • Professional learning tiles:
    • Personal cultural competency image © Emily K Kngwarreye/Copyright Agency, 2018
    • Embedding culture in teaching practice image © Emily K Kngwarreye/Copyright Agency, 2018
    • Building a culturally competent and responsive service © Bronwyn Bancroft/Copyright Agency, 2018.
    • Supporting emerging leaders in education and care services © iStock.com/vesmil
    • Initiating and managing change in early years services © Cbenjasuwan/Shutterstock.com
    • Disability Standards for Education for early childhood (prior to school) image © Education Services Australia.

Rights and Permissions

For all queries relating to permissions, rights, and copyright please send an email to permissions@esa.edu.au or contact ESA on (+61) 3 9207 9600.

Links to external websites

The PLM contain links to internet sites not controlled by ESA ('Non-ESA Sites'). Your access to Non-ESA Sites and use of their content is at your own risk, and subject to the terms of use, legal notices and privacy policies of the Non-ESA Sites. ESA makes no representations as to, and is not liable for, Non-ESA Sites including, without limitation, the accuracy of, or the intellectual property rights subsisting in or the content of Non-ESA Sites. It is your responsibility to read and comply with any copyright information, notices or terms of use that apply to Non-ESA Sites.

ESA provides links to Non-ESA Sites which, at the time of linking, were of educational value. However, as content on Non-ESA Sites is not controlled by ESA, such content may change over time. If you discover that the content on a Non-ESA Site is unexpected or inappropriate for an education audience please contact permissions@esa.edu.au as soon as possible.

Password

You agree to keep your Registered User password for the PLM secret and confidential. If you have reason to believe that your password is no longer secure (for example, if it has been lost or stolen), you must immediately reset your password via the forgotten password page.

Disclaimer

Whilst ESA has made reasonable efforts to ensure that the PLM are educationally sound at the time of publishing the PLM, ESA does not make any representation or warranty about the accuracy, reliability, currency or completeness of the PLM.

In some cases the PLM may incorporate or summarise views, standards or recommendations of third parties or comprise material owned, developed, or contributed by third parties ('third-party material'). Third-party material is presented in good faith, but does not necessarily reflect the considered views of ESA, or indicate a commitment to a particular course of action. ESA makes no representation or warranty about the accuracy, reliability, currency or completeness of any third-party material. The presence of third party material in a PLM in no way creates any legal relationship between the third party and a Registered User.

The PLM are provided to you on an 'as is' and 'as available' basis and you use them at your own risk. To the extent lawful, ESA makes no representation or warranty (promise) as to the suitability or compatibility of the PLM to any computer system, or that the PLM are free of error, defect, virus or other harmful element or fit for the purpose you intend to use it. Neither ESA nor the Commonwealth of Australia will not be responsible for any loss, damage, liability or expense suffered by you or anyone else arising from your use of, or inability to use, the PLM.

Termination

If you do not comply with these Terms of Use, depending on the nature of your non-compliance, ESA may either:

  • request that you cease your non-compliance and if you fail to do so, ESA may terminate your access to the PLM by email notice to you;
  • immediately terminate your access to the PLM by email notice to you.

Contacting Education Services Australia

If you have any questions about these Terms of Use or want to discuss any matter regarding the ECRH, please contact ESA at enquiries@esa.edu.au.

Privacy Policy

ESA's full privacy notice can be accessed here.

ESA respects the privacy of individuals, protects personal information and complies with relevant Australian privacy laws.

'Personal information' means any information or 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 be reasonably ascertained, from the information or opinion (subsection 6(1) of the Privacy Act 1988.

Collection of peronal information

ESA will only collect your personal information if you become a Registered User.

The personal information that ESA collects when you become a Registered User is:

  • first name and family name;
  • nominated user name;
  • email address; and
  • State or Territory and country of residence (optional).

Use or disclosure of your personal information

ESA will use your personal information only for the purpose/s for which it has been collected (if at all) or otherwise in accordance with the law. The purpose includes allowing Registered Users to access the PLM and to receive certificates of completion.

Accessing, correcting and deleting personal information and opting out

ESA endeavours to ensure that the personal information that it holds is accurate, up-to-date, complete and relevant.

If you want to:

  • know what, if any, personal information ESA holds about you;
  • wish to correct any personal information ESA may hold about you; or
  • opt out of your registration as a Registered User;

you may do any of these things by updating your personal profile on https://learn.ecrh.edu.au/, or using the ESA contact information below.

If you request access to your personal information or ask ESA to correct or update information about you, ESA may need to verify your identity. In some circumstances, there may be a valid reason for ESA to deny your request to access or correct your information. If ESA does this, it will notify you of the reason for doing so.

When personal information is no longer required for the purpose for which it has been collected, ESA takes reasonable steps to de-identify, securely destroy or delete such personal information.

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 (for example, you may register as a Registered User using a pseudonym). However, if you do so, ESA may not be able to provide you with information most relevant to you and if you register as a Registered User using a pseudonym, ESA will not be able to report to the jurisdictions that you have commenced or completed a professional learning module.

Security of personal information

ESA takes reasonable steps to protect the 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.

In accordance with ESA’s standard application development protocols, ESA protects information in the manner outlined by the Australian Government Information Security Manual (ISM) and Australian Government Protective Security Policy (PSPF).

If you do not wish to use the internet to transmit personal information you can mail or telephone ESA using the contact information provided below.

Please note that if you use a link to a non-ESA web page, a different privacy and security statement will apply.

Information stored in Australia

Personal information collected by ESA is stored in Australia and, unless stated otherwise, is not disclosed, accessed or transferred to overseas recipients.

Contact information for ESA

If you have any questions, comments, concerns or complaints about ESA’s privacy policy or practices, please 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.

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