Sunshine Coast News

WEBSITE TERMS AND CONDITIONS

These terms and conditions apply to the use of this website (Site"). In using this Site, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the Site. Please note this is a legally binding agreement between you and Sunshine Coast News.

1. TERMINOLOGY

In these terms and conditions, the expressions "we", "us" and "our" are a reference to Sunshine Coast News. Please take a moment to review our privacy policy.

2. AMENDMENTS TO TERMS AND CONDITIONS

We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on this web site. Your continued use of the Site following such notification will represent an agreement by you to be bound by the terms and conditions as amended.

3. INFORMATION SERVICE

All information provided by us on the Site is provided in good faith. You accept that any information provided by us is general information and is not in the nature of advice. We derive our information from sources which we believe to be accurate and up to date as at the date of publication. We nevertheless reserve the right to update this information at any time. In addition, we do not make any representations or warranties that the information we provide is reliable, accurate or complete or that your access to that information will be uninterrupted, timely or secure. We are not liable for any loss resulting from any action taken or reliance made by you on any information or material posted by us. You should make your own inquiries and seek independent advice from relevant industry professionals before acting or relying on any information or material which is made available to you on the site.

If you believe any information on our site to be inaccurate, please forward a copy of the material to our Customer Service Manager, along with an explanation of your objection.

The Web is an evolving medium. SunshineCoastNews.com.au may change the terms of this agreement from time to time. By continuing to use this website following our posting of such changes, you agree to be bound by this agreement, as modified. SunshineCoastNews.com.au may change, restrict access to, suspend, or discontinue this website, or any portion of this website, at any time.

The material that appears on SunshineCoastNews.com.au is for informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before purchasing goods or services you've read about on SunshineCoastNews.com.au, you should confirm with the vendor any information (including the price) that is important to your purchasing decision. SunshinecoastNews.com.au is not responsible for, and does not guarantee the performance of, any such goods or services.

You agree to use our information service for lawful purposes only.

6. Registration

To obtain access to certain SunshinecoastNews.com.au services, you will be given an opportunity to register with SunshineCoastNews.com.au. As part of the registration process, you will select a username and a password. You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of, nor attempt to enter the service under the name of, another person. We reserve the right to disallow use of username that we deem offensive or inappropriate. You will be responsible for preserving the confidentiality of your password and for all actions of persons accessing SunshinecoastNews.com.au through any username/password assigned to you. You will notify sunshinecoastNews.com.au's Customer Service Manager of any known or suspected unauthorised use of your account.

7. Miscellaneous

No spamming or data scrapping. We want potential buyers visiting sunshinecoastnews.com.au to feel free to share their email addresses with those wanting to contact their business or organisation. By contacting a business or organisation on this site, you agree to use the email addresses of those responding to you only for purposes of communicating with them. By using this website, you agree not to use information concerning other users of SunshineCoastNews.com.au, or the information they've listed or searched for on this website (including listing information, user names, email addresses, telephone numbers, and/or other information), for any other purpose.

8. DISCLAIMER

We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this Site or any linked web site, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this Site.

If you rely on this website or any information, product or service available through this website, you do so at your own risk.

To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:

(a) if the breach relates to goods:

(i) the replacement of the goods or the supply of equivalent goods;

(ii) the repair of such goods;

(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods;

or (iv) the payment of the cost of having the goods repaired; and

(b) if the breach relates to services:

(i) the supplying of the services again; or

(ii) the payment of the cost of having the services supplied again.

9. EXCEPTION TO DISCLAIMER

The disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under stature if, and to the extent, such liability cannot be lawfully excluded.

10. INDEMNITY

You agree to indemnify and hold Sunshine Coast News, and its directors, officers, employees, subsidiaries, and agents harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

11. RELEASE

Because we are not involved in the actual transaction between buyers and sellers, in the event that you have a dispute with one or more users, you release Sunshine Coast News (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

12. DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Sunshine Coast News shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

13. LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Sunshine Coast News has no control over such sites and resources, you acknowledge and agree that Sunshine Coast News is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Sunshine Coast News shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

This Site may contain links to web sites ("Linked Web Sites"). Those links are provided for convenience only and may not remain current or maintained.

We are not responsible for the content or privacy practices associated with Linked Web Sites.

Our links with Linked Web Sites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Web Sites, or of any information, graphics, materials, products or services referred to or contained on those Linked Web Sites, unless and to the extent stipulated to the contrary.

14. DISCLAIMER OF WARRANTIES

You expressly understand and agree that:

(a) Your use of the services provided by Sunshine Coast News is at your sole risk. The service is provided on an "as is" and "as available" basis. Sunshine Coast News (and its affiliates, agents and licensors) expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of (accuracy, completeness, currentness,) noninfringement, merchantability, fitness for a particular purpose the information available through this website (or any information, goods or services that are referred to, advertised or promoted on, or sold through this website).

(b) Sunshine Coast News makes no warranty that (i) The service will meet your requirements, (ii) The service will be uninterrupted, timely, secure, error-free, or that the website will be free of viruses or other harmful components. (iii) The results that may be obtained from the use of the service will be accurate or reliable, (iv) The quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) Any errors in the software will be corrected.

(c) Any material or information downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

(d) No advice or information, whether oral or written, obtained by you from Sunshine Coast News or through or from the services provided by Sunshine Coast News shall create any warranty not expressly stated in the T.O.S.

15. LIMITATION OF LIABILITY

You expressly understand and agree that Sunshine Coast News shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Sunshine Coast News has been advised of the possibility of such damages), resulting from: (i) The use or the inability to use the services or information on the Sunshine Coast News website; (ii) The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the services on the Sunshine Coast News website; (iii) Unauthorized access to or alteration of your transmissions or data; (iv) Statements or conduct of any third party on the website; or (v) Any other matter relating to the services or information provided on the website.

16. SPECIFIC WARNINGS

You must ensure that your access to this Site is not illegal or prohibited by laws which apply to you.

You must take your own precautions to ensure that the process which you employ for accessing this Site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this Site or any linked web site.

Whilst we have no reason to believe that any information contained on this Site is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this Site updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this Site.

Where the information made available over this service contains opinions or judgements of third parties, we not purport to endorse the contents of that opinion or advice nor the accuracy or reliability of that opinion or advice. We do not accept liability for loss or damage caused by your reliance upon any information obtained though this Site and it remains your responsibility to evaluate the accuracy, completeness and usefulness of any such information.

Responsibility for the content of advertisements appearing on this Site (including hyperlinks to advertisers' own web sites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers' products and each advertiser is solely responsible for any representations made in connection with its advertisement.

Sunshine Coast News provides users with a web site which provides access to a venue of a broad variety of items some of which are being offered for sale by third-parties, as well as advertising and links to related services and service providers. It is important to note that since Sunshine Coast News solely provides the venue, it is not involved in the actual transaction between buyers and sellers. As a result, Sunshine Coast News has no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. We cannot ensure that a buyer or seller will actually complete a transaction.

You understand that all information, data, text, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Sunshine Coast News, are entirely responsible for all Content that you upload, post, download, email, transmit or otherwise make available or receive. Sunshine Coast News does not control the Content posted and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Sunshine Coast News be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

17. COPYRIGHT

Copyright in this Site (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Information procured from a third party may be the subject of copyright owned by that third party. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:

(a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this Site; or

(b) commercialise any information, products or services obtained from any part of this Site; without our written permission or, in the case of third party material, from the owner of the copyright in that material.

18. TRADE MARKS

Except where otherwise specified, any word or device to which is attached the or symbol is a registered trade mark.

If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:

(a) in or as the whole or part of your own trade marks;

(b) in connection with activities, products or services which are not ours;

(d) in a manner that disparages us or our information, products or services (including this Site).

19. RESTRICTED USE

Without limiting the foregoing, you may not without our written permission on-sell information obtained from this Site.

20. (i) SECURITY OF INFORMATION

Unfortunately, no data transmission over the internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

21. (ii) PRIVACY POLICY

Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full Privacy Policy

22. TERMINATION OF ACCESS

Access to this Site may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.

23. GOVERNING LAW

These terms and conditions are governed by the laws in force in Queensland, Australia . You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.

24. GENERAL

We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstances beyond our reasonable control.

If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.

These Terms and Conditions constitutes the entire agreement between you and Sunshine Coast News and govern your use of the Service and Web site, superseding any prior agreements between you and Sunshine Coast News. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The laws of the State of Queensland in Australia without regard to its conflict of law provisions shall govern the TOS and the relationship between you and Sunshine Coast News You and Sunshine Coast News agree to submit to the personal and exclusive jurisdiction of the courts located within the state of Queensland, Australia. The failure of Sunshine Coast News to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service, Web site or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

ADVERTISING TERMS AND CONDITIONS

1 What is effect of this Agreement

1.1 This Agreement, applies to the publication by sunshinecoastNews.com.au (sunshinecoastNews ) of the ad (Your Ad) of the item submitted by you, the person, named and described in the online application (You).

1.2 This Agreement is in addition to sunshinecoastNews general terms and conditions of use of the sunshinecoastNews website.

2 How do you place an advertisement with sunshinecoastNews

2.1 In order to place an ad for publication you must:

complete and submit the online application (the "Application"); and

pay the advertising fee (if applicable).

3 What must You do

3.1 In relation to your Ad You must :

provide all information ( including any photographs ) in the format prescribed by sunshinecoastNews from time to time;

ensure that You accurately describe Your item ;

comply with sunshinecoastNews current advertising policy;

obtain permission from the owner of copyright in any third party material used in Your Ad; and

notify sunshinecoastNews immediately if:

Your item is sold; or

You withdraw your item from sale.

3.2 Notwithstanding anything herein, sunshinecoastNews has absolute editorial control in relation to Your Ad, including, but not limited to the format, position and placement of Your Ad.

4 What You must not do

4.1 You must not offer for sale in Your Ad any item which you do not have the title or the right to sell;

4.2 You must not submit for publication any ad which:-

does not comply the law;

infringes the intellectual property rights of any person;

is illegal, fraudulent, obscene, offensive, defamatory, or in any way unsuitable for people under the age of eighteen (18) years;

is misleading or deceptive or likely to mislead or deceive; or

comprise anything which may adversely reflect on sunshinecoastNews or any partner websites on which Your Ad is published.

include links to other websites or HTML enhancement text.

5 How will Your Advertisement be published

5.1 sunshinecoastNews will not be bound to publish Your Ad until it is accepted by sunshinecoastNews by publishing Your Ad.

5.2 sunshinecoastNews will publish or procure the publication of Your Ad as follows:

on www.sunshinecoastNews.com.au; and

on such other websites ( and other medium) as sunshinecoastNews determines from time to time.

5.3 You acknowledge and agree that while every endeavor will be made to publish Your Ad as submitted, sunshinecoastNews will not ( other than as set out in clause 11.2) be liable for any error, omission or failure to publish Your Ad.

5.4 sunshinecoastNews may refuse to publish or withdraw from publication Your Ad if:

You breach this Agreement;

in the absolute opinion of sunshinecoastNews, the publication of the ad is not in the interest of sunshinecoastNews.

6 For how long will Your Advertisement be published

6.1 sunshinecoastNews will, subject to the provisions of this Agreement, publish Your Ad:

on www.sunshinecoastnews.com.au until such time as you have sold Your item or removed it from sale; and

for such other concurrent period on any other website or otherwise as sunshinecoastNews determines in its absolute discretion.

7 Intellectual property rights

7.1 You hereby assign to sunshinecoastnews all copyright and other intellectual property rights in Your Ad ( other than third party material).

8 What will you have to pay

8.1 Subject to the terms of this Agreement, You must pay the advertising fee at the rate and in the manner specified by sunshinecoastnews. For the avoidance of doubt, You must pay the advertising fee even if you withdraw Your Ad from publication.

9 You must indemnify sunshinecoastnews

9.1 You release and indemnify sunshinecoastnews, its servants and agents against all actions, claims and demands (including the cost of defending or settling any actions, claims and demands) which may be instituted against sunshinecoastnews arising out of:

a breach of this Agreement by You;

any wilful, unlawful or negligent act or omission by You;

the publication by sunshinecoastnews or any other person of Your Ad.

the sale or offering for sale of Your item.

10 sunshinecoastnews limits its liability

10.1 Except as stated in Clause 11.2 of this Agreement, sunshinecoastnews will be under no liability to you in respect of any loss or damage which may be suffered or incurred or which may arise directly or indirectly in respect of goods or services supplied pursuant to this Agreement or in respect of any failure or omission on the part of sunshinecoastnews to comply with its obligations under this Agreement or any negligent act or omission of sunshinecoastnews.

11 This Agreement constitutes the whole agreement

11.1 This document, the online application and any warranties implied by law which are not capable of being excluded or modified embody the whole agreement between the parties. All previous negotiations, representations, warranties, arrangements and statements (if any) whether expressed or implied, including any collateral agreement or warranty, with reference to the subject matter or the intentions of either of the parties are merged herein and otherwise are hereby excluded and cancelled.

11.2 To the extent that any warranties implied by law are not capable of being excluded or modified, the total liability of sunshinecoastnews, its employees, servants and agents for breach of such warranties is limited to one or the other of the following at the option of sunshinecoastnews:-

the supplying of the services again; or

payment of the cost of having the services supplied again

12 Privacy

12.1 The manner in which sunshinecoastnews collects, uses and discloses personal information supplied by You in the online application is described in sunshinecoastnews privacy policy.

13 Correspondence from sunshinecoastnews.com.au

13.1 As a private seller on www.sunshinecoastnews.com.au, you will receive correspondence regarding the status of your advertisement. This may include confirmation of the receipt and publication of your advertisement, confirmation of any changes made by you, and notification of possible changes to the status of your ad. You may also be notified of any changes to sunshinecoastnews or associated websites that may have a direct effect on the content or appearance of your advertisement. This correspondence forms part of the seller service and is necessary for the management of your advertisement. If you do not wish to receive this correspondence please do not submit an advertisement for publication on sunshinecoastnews.com.au or associated websites.

14 What law governs this Agreement

This Agreement is governed by and construed in accordance with the laws of the State of Victoria Australia and the parties irrevocably submit to the exclusive jurisdiction of the courts in that State.

I. COLLECTION OF INFORMATION
1.1 Purpose
We shall only collect Personal Information that is necessary for our Purposes. Generally we only collect Personal Information of the nature described in the Schedule to this Policy.
1.2 Lawful Means
We shall only collect Personal Information by lawful and fair means and not in any unreasonable or in an unreasonably intrusive way.
1.3 Notification
Where it is practical to do so, at or before the time that we collect any personal Information from an individual we shall take all reasonable steps to ensure that you are aware of:

(a) our identity and how to contact us;
(b) the fact that the individual is able to gain access to the Information;
(c) the Purposes for which the Information is collected;
(d) the Recipients to whom we would usually disclose that Information;
(e) any laws that require particular Information to be collected; and
(f) the main consequences for the Individual if all or part of the Information is not provided.

1.4 Collect from you Only
Where it is reasonable or practical to do so, we shall endeavour to only collect Information about you from you.
1.5 Notice to You
Where we collect Information about you from someone else we will take reasonable steps to ensure that you have been made aware of the matters listed in clause 1.3 above unless in our opinion making you aware of these matters would pose a serious threat to the life or health of anyone.

II. USE AND DISCLOSURE
2.1 Disclosure
We shall only disclose Personal Information in accordance with the terms of this Policy. However we do disclose Personal Information to Contractors as specified in this Policy.
2.2 Secondary Purpose We shall not use or disclose any Information about you for a Secondary Purpose unless:

(a) both of the following apply:
- (i) the Secondary Purpose is related to the Primary Purpose and if the Information is Sensitive Information, the secondary purpose is directly related to the Primary Purpose; and
- (ii) you would reasonably expect us to use or disclose the Information for the Secondary Purpose; or
(b) you have consented to the use or disclosure; or
(c) the Information is not Sensitive Information and the use of the Information is for the Secondary Purpose of direct marketing:
- (i) it is impractical for us to seek your consent for that particular use;
- (i) we have chosen not to charge you to give effect to your request not to receive direct marketing communications;
- (ii) you have not made a request to us not to receive direct marketing communications;
- (iii) in each direct marketing communication with you we have drawn your attention or prominently displayed a notice that you may express a wish not to receive any further direct marketing communications; and
- (iv) each written direct marketing communication from us to you specifies our business address and telephone number and the number at which we can be contacted directly; or
(d) we reasonably believe that the use or disclosure is necessary to lessen or prevent:
- (i) serious or imminent threat to an individual's life, health or safety; or
- (ii) a serious threat to public health or public safety;
(e) we have reason to suspect that unlawful activity is being engaged in and we use or disclose the Personal Information as a necessary part of our investigation of the matter or in reporting our concerns to relevant persons or authorities; or
(f) the use or disclosure of the Information is required or authorised by or under law;
(g) we reasonably believe that the use or disclosure is reasonably necessary for one or more of the following by or on behalf of the police or other enforcement body:
- (i) the prevention, detection, investigation, prosecution or punishment of criminal offences, breaches of a law imposing a penalty or sanction or breaches of a prescribed law; (ii) the enforcement of laws relating to the confiscation of the proceeds of crime;
- (iii) protection of public revenues;
- (iv) the prevention, detection, investigation or remedy of seriously improper conduct or prescribed conduct;
- (v) the preparation for or conduct of proceedings before and court or tribunal or implementation of the orders of the court tribunal.

III. DATA QUALITY
We will take all reasonable steps to ensure that the Information that we collect, use or disclose is accurate, complete and up to date.

IV. DATA SECURITY
4.1 Security
We will take reasonable steps at the time that we collect, use or disclose Information to secure the Information we hold from misuse and loss, unauthorised access, modification or disclosure.
4.2 Steps we will Take
To protect the Information we shall:

(a) adopt measures to prevent unauthorised entry to our premises, systems to detect unauthorised access and secure containers for storing paper based Personal Information;
(b) will adopt measures to protect our computer systems and networks for storing, processing and transmitting Personal Information and from unauthorised access, modification and disclosure;
(c) we shall protect communications via data transmission including emails and voice transmission from interception and preventing unauthorised intrusion into our computer networks;
(d) we shall adopt procedural and personnel measures for limiting access to Personal Information except by authorised staff approved for the Purposes and controls to minimise security risks to our information technology systems; and such other Security measures as we consider reasonable.

4.3 Destruction of Information
We will take reasonable steps to destroy or permanently de-identify Personal Information if it is no longer needed for any Purpose, in a secure manner.

V. OPENNESS
5.1 Provide Policy
We will make available to any person who requests it, a copy of this policy.
5.2 Specify Purposes
This policy will specify what sort of Personal Information we hold, the Purposes for which we hold the Personal Information and how we collect, hold, use or disclose that Information.
5.3 Contacting Us
You may contact us to request the Information specified in 5.2 above and to correct that Information (in accordance with clause 6) at our contact details which are specified in the Schedule.

VI. ACCESS AND CORRECTION
6.1 Access to Information
We shall provide you with access to the Information held by us in relation to you except to the extent that:

(a) in the case of Personal Information other than Health Information, providing access would pose a serious and imminent threat to the life or health of any individual; or
(b) in the case of Health Information, providing access would pose a serious threat to the life or health of any individual; or
(c) Providing access would have an unreasonable impact upon the privacy of other individuals; or
(d) The request for access is frivolous or vexatious; or
(e) the Information relates to existing or anticipated legal proceedings between us and you and the Information would not be accessible by the process of discovery in those legal proceedings; or
(f) providing access would reveal our intentions in relation to negotiations with you in such a way as to prejudice those negotiations; or
(g) providing access would be unlawful; or
(h) denying access is reasonable or authorised by or under law; or
(i) providing access would be likely to prejudice an investigation of possible unlawful activity; or
(j) providing access would be likely to prejudice:
- (i) the prevention, detection, investigation, prosecution or punishment of criminal offences, breaches of a law imposing a penalty or sanction or breaches of prescribed law; or
- (ii) the enforcement of laws relating to the confiscation of the proceeds of crime; or
- (iii) the protection of the public revenue; or
- (iv) the prevention, detection, investigation o remedy of seriously improper conduct or prescribed conduct; or
- (v) the preparation for or conduct of proceedings before any court or tribunal or implementation of its orders; by or on behalf of the police or an enforcement body; or
(k) an enforcement body performing a lawful security function asks us not to provide access to the Information on the basis that providing access would be likely to cause damage to the security of Australia.

6.2 Request for Access
To request access to the Information held by us about you, you must complete the Request Form annexed to this Policy and we shall contact you within 14 days either provide you with that Personal Information, or notifying you when we shall provide you with the Personal Information which in any event should not be more than 30 days after you have lodged your Request Form or we will advise you that you that we will not be providing you with access and the reasons that we shall not providing you with access.
6.3 Commercially Sensitive Information
Where providing access to the Personal Information would reveal evaluative information generated by us in connection with a commercially sensitive decision making process we will give you an explanation for the commercially sensitive decision rather than direct access to the Information.
6.4 Use of Intermediaries
Where because of any of the reasons described in 6.1 above we are not required to provide you with access to the Information then, we will if it is reasonable to do so, give consideration to whether the use of mutually agreed intermediaries would allow sufficient access to meet our needs and the needs of the Individual.
6.5 Costs
We reserve the right to charge an individual for providing access to their Personal Information. Those fees and charges will not be excessive, and will be determined by us from time to time and we shall notify you of those costs prior to providing you access to the Information. We may require those costs to be paid prior to providing you with access.
6.6 Correction of Information
If you establish that the Information we hold about you is not accurate, complete or up to date we shall take reasonable steps to correct the Information so that it is accurate, complete and up to date. If we are not satisfied that the Information is not accurate, complete or up to date, we shall at your request keep with your Personal Information a statement noting your claim that the Information is not accurate, complete or up to date.
6.7 Refusal to Correct
If at any time we refuse or deny access to Information to you or refuse to correct Personal Information we shall provide you with reasons for such denial or refusal.

VII. IDENTIFIERS
7.1 Use of Identifiers
We shall not use or disclose an Identifier assigned to an individual unless:

(a) it is necessary for us to fulfil our obligations to the Commonwealth;
(b) any of the reasons described in paragraph 2.1 (e) to 2.1 (h) above apply to the use or disclosure of the Identifier; or
(c) is otherwise lawful for us to do so.

7.2 Identifying You
We shall not adopt as a means to identify you, your Identifier except to the extent we are authorised to do so by law.

VIII. ANONYMITY
Unless there is a good practical or legal reason to require identification, we shall you to transact with us anonymously to the extent that it is practical for us to do so.

IX. TRANSBORDER DATA FLOWS
We shall not transfer Information to someone or to another organisation in a foreign country unless:

(a) we reasonably believe that the Third Party Recipient is subject to a law, a binding scheme or a contract which effectively upholds principles for the fair handling of the Information that are substantially similar to the National Privacy Principles; or
(b) you consent to the transfer;
(c) the transfer is necessary to perform a contract between you and us or the implementation of pre-contractual measures taken in response to your request; or
(d) the transfer is necessary for the conclusion or performance of a contract concluded in the interests between ourselves and a third party; or
(e) all of the following apply:
- (i) the transfer is for your benefit;
- (ii) it is impractical to obtain your consent to that transfer;
- (iii) if it were practical to obtain your consent, you would be likely to give it; or
(f) we have taken reasonable steps to ensure that the Information which we intend to transfer will not be held, used or disclosed by the Third Party Recipient inconsistently with the National Privacy Principles.

X. COMPLAINT HANDLING PROCESS
10.1 Complaint
If you believe that we have used or disclosed your Personal Information in a manner which is contrary to this Policy or otherwise breaches the Act, then you should contact us by telephoning our contact as specified in the Schedule to this Policy. If we are able to answer your queries by telephone then we shall endeavour to do so. If we are unable to resolve the matter with you by phone we will provide you with a complaint form to enable you to notify us in writing of the details of your complaint.
10.2 Our Response
Within 30 days of receipt of your complaint form we shall notify you in writing as to what action we propose to take in relation to your complaint and shall provide you with details of what further action you can take if you are not satisfied with our response.

XI. HEALTH SERVICES
As we provide Health Services or collect Health Information we shall deal with Health Information as follows:
11.1 Use for Secondary Purposes
We shall not use the Health Information about you for a Secondary Purpose unless the use or disclosure is necessary for research or the compilation of analysis of statistics relevant to public health or public safety and:

(i) it is impractical for us to seek your consent before use and disclosure; and the use or disclosure is conducted in accordance with the guidelines approved by the Privacy Commissioner pursuant to Section 95 A of the Act; and
(ii) in the case of disclosure we reasonably believe that the recipient of the Health Information will not disclose the Health Information or Personal Information derived from the Health Information; or

11.2 Disclosure of Health Information
We may disclose the Health Information and Health Services about you to a person who is Responsible for you if all the following paragraphs (a) to (d) are satisfied:

(a) you:
- (i) are physically or legally incapable of giving consent to the disclosure; or
- (ii) physically can not communicate consent to the disclosure; and
(b) a natural person ("the carer") providing the Health Services for us is satisfied that either:
- (i) the disclosure is necessary to provide appropriate care or treatment of you;
- (ii) the disclosure is made for compassionate reasons; and
(c) the disclosure is not contrary to any wish:
- (i) expressed by you before you became unable to give or communicate consent; and
- (ii) of which the carer is aware or of which the carer could reasonably expected to be aware; and the disclosure is limited to the extent reasonable and necessary for the purposes described in sub paragraph (b) above.

11.3 Collection by Reason of Law
We shall only collect Health Information about you if:

(a) the Information is necessary to provide the Health Services to you; and
(b) the Information is collected:
- (i) as required by law;
- (ii) in accordance with rules established by a competent health or medical authority to impose obligations in relation to our professional confidentiality.

11.4 Collection of Research
We shall only collect Health Information about you, if:

(a) the collection is necessary for either:
- (i) research relevant to public health or public safety; or
- (ii) the compilation or analysis of statistics relevant to public health or public safety; or
- (iii) the management, funding or monitoring of the Health Service; and
(b) that purpose is not served by the collection of Information that does not identify you or from which your identity can not be reasonably ascertained; and
(c) it is impractical to seek your consent to the collection; and
(d) the Information is collected:
- (i) as required by law;
- (ii) in accordance with the rules established by a competent health or medical authority which binds us with obligations about professional confidentiality; or
- (iii) in accordance with guidelines approved by the Privacy Commissioner under Section 95 A of the Act.

11.5 De Identification
Where we collect Health Information in accordance with sub paragraph 11.4 we shall take reasonable steps to de-identify the Information before we disclose it.

XII. SENSITIVE INFORMATION
12.1 Collection of Sensitive Information
We shall not collect Sensitive Information unless:

(a) you have consented;
(b) the collection is required by law;
(c) the collection is necessary to prevent or lessen serious or imminent threat to the life or health of any individual where you:
- (i) are physically or legally incapable of giving consent to the collection; or
- (ii) physically cannot communicate consent to the collection; or
(d) the collection is necessary for the establishment, exercise or defence of legal action.

12.2 Undertaking before Collection
To the extent that we are a non profit organisation we shall only collect Sensitive Information after we have given an undertaking to you but we shall not disclose that Information without your consent and only Information which relates to members of our organisation or to individual's who have regular contact with us in connection with our activities; or

XIII. DEFINITIONS

"Act" means the Privacy Amendment (Private Sector) Act 2000;

"Contractors" means those parties described as such in the Schedule;

"Health Information" means:

(a) Information or opinion about:
- (i) the health or disability of an individual;
- (ii) an individual's expressed wishes about the future provision of Health Services to him or her;
- (iii) a Health Service provided or to be provided to an individual; that is also Personal Information; or
(b) other Personal Information collected to provide or in providing a Health Service or
(c) other Personal Information about an individual collected in connection with the donation or intended donation by the individual of his or her body parts, organs or body substances.

"Health Service" means:

(a) the health services described in the Schedule, which we supply or claimed by the individual or person performing it to:
- (i) Assess, record, maintain or improve the individual's health;
- (ii) To diagnose the individual's illness or disability;
- (iii) To treat the individual's illness or disability or suspected illness or disability; or
(d) the dispensing or prescription of drug or medicinal preparation by a pharmacist and includes the health service as provided by the organisation as described in the Schedule.

"Identifier" means a number assigned by the Commonwealth of Australia or a department or agency on its behalf to an individual to identify uniquely that individual for the purposes of the Commonwealth's operations. However an individual's name or Australian Business Number as defined in the A New Tax System (Australian Business Number) Act 1999 is not an Identifier;

"Information" means Personal Information collected about an individual and includes Health Information and Sensitive Information;

"Internal Recipients" means those parties described as such in the Schedule;

"National Privacy Principles" means the National Privacy Principles specified in the Act.

"Non Profit Organisations" means a non profit organisation that has any racial, ethnic, political, religious, philosophical, professional, trade, or trade union aims;

"Organisation" means the Organisation described as such in the Schedule;

"Personal Information" means Information or opinion 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, and includes the Personal Information described in the Schedule;

"Purposes" means the primary and secondary purposes described in the Schedule;

"Recipients" means the Third Party Recipients and the Internal Recipients as described in the Schedule;

"Responsible" means in the context of clause 3.2, a person who is responsible for an individual and includes:

(a) A parent of the individual; or
(e) A child or sibling of the individual and at least 18 years of age; or
(f) A spouse or de facto spouse of the individual; or
(g) A relative of the individual at least 18 years of age and a member of the individual's house hold;
(h) A guardian of the individual;
(i) Exercising an enduring power of attorney granted by the individual that is exercisable in relation to decisions about the individual's health;
(j) A person who has an intimate personal relationship with the individual;
(k) A person nominated by the individual to be contacted in case of emergency.

"Security" means the security used to protect the Information from unauthorised access and disclosure and shall include the security measures described in the Schedule and Secure will have the same meaning;

"Sensitive Information" means Information or opinion about any individual's racial or ethnic origin, political opinions, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual preferences or practices, criminal record or health Information about an individual;

"Source" means the source of the Information which where it is practical and reasonable to do so shall be from the person about whom the Information is collected and otherwise from the parties described in the Schedule;

"Third Party Recipients" means those parties described as such in the Schedule;

"Us" means the Organisation and We shall have the same meaning;

"You" means the individual about whom we are collecting Information.

SCHEDULE
1. Organisation:
Name: Sunshine Coast News
Address:
Phone:
Fax Number:
Contact:

2. Contractors:
Not applicable

3. Personal Information:
Personal Information collected by Sunshine Coast News in relation to this website is as follows:
1. Your name
2. your address
3. your phone/fax numbers
4. your email address
5. the name of your organisation , if any
6. other information you provide to us.

4. Purposes
Primary: The primary purpose for collecting the Personal Information listed above is to enable us to process your application for subscription to this service and to enable us to contact you in the future in relation to any relevant updates or changes to privacy legislation which may effect you.
Secondary: Our further purpose of collecting this Personal Information is to enable Sunshine Coast News to forward to you other information or material which is relevant to the Privacy Amendment (Private Sector) Act 2000 or any other product or service which we believe may be of interest to you.

5. Recipients:
Internal Recipients:
The only persons in Sunshine Coast News who will have access to you personal information will be the staff employed by Sunshine Coast News to process your payment, and staff used to manage this website.

6. Security:
The Personal Information is protected by:
All data resides on secure server, employees with access to data are bound by non-disclosure agreements and corporate policy for the protection of client data.

7. Source:
All Personal Information collected about individuals shall be collected directly from the individual.

8. Health Services:
Not Applicable.