Privacy Policy

1. This Privacy Policy describes how we collect, use and disclose personal information.
2. As a medium not-for-profit organisation in Australia, we are not required to comply with the Privacy Act 1988 (Cth) (Privacy Act) or the Australian Privacy Principles contained within the Privacy Act. Nevertheless, your privacy is important to us and this Privacy Policy explains how we intend to manage your personal information. Should you have any questions about your privacy or this Privacy Policy you should contact us.
3. Amendment. We may change, vary or modify all or part of this Privacy Policy at any time in our sole discretion. It is your responsibility to check this Privacy Policy periodically for changes. If we adopt a new Privacy Policy:
4. a) We will post the new Privacy Policy on this website; and
5. b) It will then apply through your acceptance of it by subsequent or continued use of this website.

Purpose

4. We collect, use, hold and disclose your personal information for the following Primary Purposes – to:
5. a) Provide you with access to this website, and to operate and improve this website; and
6. b) Contact you about Sweat with Pride, Rainbow Giving Australia, our programs and related events, and to organise and improve Rainbow Giving Australia and our programs.
7. In addition to the Primary Purposes, we may collect, use, hold and disclose your personal information for the following Related Purposes to:
8. a) Perform and improve our operations;
9. b) Perform and improve our marketing;
10. c) Investigate any complaints about you or made by you, or if we have reason to suspect you have breached any relevant terms;
11. d) Resolve any disputes that we may have with any of our users;
12. e) Enforce our agreements with third parties; or
13. f) As required or permitted by any law.

What we collect

6. Personal information we collect about you may include:
7. a) Identification information such as your name, address, age or date of birth, email address, phone number, geo-location, your device ID, device type, computer and connection information and IP address;
8. b) Usage data from this website, including statistics on page views;
9. c) Individual and aggregate amounts donated by you or received by you;
10. d) Information you provide to us through contact forms or surveys;
11. e) Any other personal information that may be required in order to carry out our functions and activities; and
12. All of your financial and payment information in respect of any donation you make or receive via this website will be managed by a third-party provider.

How we collect

8. How we collect. We may collect your personal information:
9. a) When you submit any information via any form on this website;
10. b) When you contact us, for example through social media or other chat platform or email;
11. c) When you access this website or interact with any features of this website;
12. d) When you share information with us from other social applications or websites;
13. e) From third parties, including those who provide services via this website (though we will not collect payment method data, such as your credit card or debit card information);
14. Anonymity. If you would like to access any of our services on an anonymous basis we will take reasonable steps to comply with your request, however:
15. a) You may be precluded from taking advantage of some services; and
16. b) We will not audit our technology providers, who use a variety of correlation to improve their products and services and help us to improve this website.

We will require you to identify yourself if:

1. c) We are required by law to deal with individuals who have identified themselves; or
2. d) It is impracticable for us to deal with you if you do not identify yourself (or, where relevant, elect to use a pseudonym).
3. Destruction. Subject to a legal requirement to the contrary, we will take reasonable steps to destroy or de-identify your personal information:

(a) if you request us to destroy your personal information and it is practical to do so; or

(b) once it is no longer required by us.

Use

11. Primary use. We will only use your personal information:
12. a) For the Primary Purposes, Related Purposes or other purposes related to the Primary Purposes that you would reasonably expect; or
13. b) If we otherwise get your consent to do so.
14. We will not sell, trade or rent your personal information to third parties.
15. Direct marketing. We will offer you a choice as to whether you want to receive direct marketing communications. If you choose not to receive these communications, we will not use your personal information for this purpose.
16. We will otherwise only use or disclose your personal information for the purposes of direct marketing if:
17. a) We collected the information from you;
18. b) It is reasonable in the circumstances to expect that we would use or disclose the information for direct marketing purposes;
19. c) We provide you with a simple means to 'opt-out' of direct marketing communications from us; and
20. d) You have not elected to 'opt-out' from receiving such direct marketing communications from us.
21. We may offer you the opportunity to receive information from third parties regarding products or services that may be of interest to you. If you choose to receive such information, we may forward messages from such third parties to you. If we do so, we will not provide such third parties with any of your personal information.

Disclosure

16. How we disclose. We will only disclose your personal information:
17. a) For the Primary Purposes, Related Purposes or other purposes related to the Primary Purposes that you would reasonably expect; or
18. b) If we otherwise get your consent to do so.

We may disclose your personal information to:

1. a) Third parties that help us provide this website (including information technology suppliers, communication suppliers and our business partners);
2. b) Your employer or sponsoring organisation (as relevant);
3. c) Our professional advisors, including our accountants, auditors and lawyers;
4. d) Our existing or potential agents, business partners or partners;
5. e) Our related bodies corporate, auspicing organisations or other associates;
6. f) Persons authorised by you to receive information held by us;
7. g) A government authority, law enforcement agency, pursuant to a court order or as otherwise required by law; or
8. h) Facilitate, or in connection with, transitioning our activities or part of them to another organisation.
9. Overseas disclosure. We may in some circumstances transfer your personal information to other overseas recipients, including our contractors, technology providers and suppliers. It is not currently practical for us to list all countries in which overseas recipients of your personal information are located, however the likely location of such recipients includes the United States of America.

Access and Correction

18. If you require access to your personal information, or wish to correct your personal information, please contact us using our contact details below. You will need to put your request in writing and provide proof of identity.
19. We are not obliged to allow access to your personal information if:
20. a) It would pose a serious threat to the life, health or safety of any individual or to the public;
21. b) It would have an unreasonable impact on the privacy of other individuals;
22. c) The request for access is frivolous or vexatious;
23. d) It relates to existing or anticipated legal proceedings between you and us and would not ordinarily be accessible by the discovery process in such proceedings;
24. e) It would be unlawful;
25. f) Denying access is required or authorised by or under an Australian law or a court/tribunal order;
26. g) We have reason to suspect that unlawful activity, or misconduct of a serious nature relating to our functions or activities has been, is being or may be engaged in and giving access would be likely to prejudice the taking of appropriate action in relation to the matter;
27. h) It would likely prejudice one or more enforcement related activities conducted by, or on behalf of, an enforcement body; or
28. i) It would reveal commercially sensitive information.
29. If you make a request for access to or correct your personal information, we will:
30. a) Respond to your request within 14 days or otherwise within a reasonable period; and
31. b) If reasonable and practicable, give access to the personal information as requested.
32. If we refuse to give access to or correct your personal information, we will give you a written notice that sets out at a minimum:
33. a) Our reasons for the refusal (to the extent it is reasonable to do so); and
34. b) The mechanisms available to complain about the refusal.

Security and protection

22. We will take all reasonable steps to:
23. a) Ensure that your personal information we use and disclose is accurate, up-to-date, complete and relevant; and
24. b) Protect your personal information from misuse, interference and loss, and unauthorised access, modification or disclosure.
25. Please contact us immediately if you become aware of or suspect any misuse or loss of your personal information.

Complaints

24. If you have a complaint about how we collect, use, disclose, manage or protect your personal information, please contact us using our contact details below. We will respond to your complaint within 14 days of receiving the complaint.
25. Once the complaint has been received, we may resolve the matter in a number of ways, including:
26. a) Request for further information: We may request further information from you. Please provide us with as much information as possible, including details of any relevant dates and documentation. This will enable us to investigate the complaint and determine an appropriate solution.
27. b) Discuss options: We will discuss options for resolution with you and if you have suggestions about how the matter might be resolved you should raise these with us.
28. c) Investigation: Where necessary, the complaint will be investigated. We will try to do so within a reasonable time frame. It may be necessary to contact others in order to proceed with the investigation. This may be necessary in order to progress your complaint.
29. d) Conduct of our personnel: If your complaint involves the conduct of our personnel, we will raise the matter with them and seek their comment and input in the resolution of the complaint.
30. After investigating the complaint, we will give you a written notice about our decision.
31. While we are not bound by the Privacy Act, which is enforced by the Office of the Australian Information Commissioner (OAIC), you are free to contact the OAIC online, by mail, fax or email. For more information, please visit the OAIC website at oaic.gov.au.

Contact

28. Please forward all correspondence in respect of this Privacy Policy to:

info@rainbowgiving.org.au

INTERPRETATIONS AND DEFINITIONS

29. Personal pronouns: Except where the context otherwise provides or requires:
30. a) The terms ‘we’, ‘us’ or ‘our’ refers to Rainbow Giving Australia Limited (ABN 37 613 812 203); and
31. b) The terms ‘you’ or ‘your’ refers to a user of this website.
32. Defined terms: Terms that are defined in the Privacy Act have the same meaning here.

Policy last updated: 18 November 2024

Website Terms of use

Website Use Terms & Conditions

1. Introduction

Welcome to the Sweat with Pride website. These terms and conditions explain the terms that apply to your use of the following Rainbow Giving Australia websites (our Websites):

• org.au
• com.au
• org.au
• any other website operated by Rainbow Giving Australia from time to time.
  If you would like to contact us in relation to these terms and conditions or our Websites, please email us at the details set out in the Contact Us section below.

2. Application and updates
   
   2.1 Access to and use of our Websites is subject to:
   
   (a) the terms and conditions set out and referred to below;
   (b) any specific terms that are notified to you on our Websites; and
   (c) our Privacy Policy,
   each as amended from time to time.

2.2 Please read the Website Terms carefully each time you visit our Websites. By accessing and using our Websites you are deemed to confirm that you have read, understood and agreed to be bound by these Website Terms. If you do not agree to any part of the Website Terms, you must not access, or must immediately stop accessing, our Websites. If, in our reasonable opinion, you have breached any of our Website Terms, we may immediately suspend or block your access to any of our Websites.

2.3 We may update these Website Terms (or any part of them) at any time by posting an updated version on our Websites. The updated version of these Website Terms will take effect immediately upon such notice. We may also take additional steps to bring the changes to your attention, including by notifying you directly. You are responsible for reviewing these Website Terms regularly to ensure that you are aware of any updates.

2.4 We may change the format, content and/or functionality of any part of our Websites at any time.

3. Use of our Websites

3.1 You must:

(a) review and comply with any eligibility criteria (such as age restrictions) notified to you when you use any of our Websites; and
(b) only use our Websites for your own personal, non-commercial use.

3.2 You must not:

(a) use a Website to in any way infringe the privacy or other rights of other users of our Website or any third party;
(b) use a Website in any way that breaches any applicable laws or that may cause distress, harm or inconvenience to any other person;
(c) data mine, screen or web scrape or crawl any Website, its pages or its content or use any process or processes that send automated queries to this Website unless you have obtained our prior written consent;
(d) misuse or do anything that disrupts all or any part of our Websites, including knowingly introducing software viruses, trojans, worms or other material that may be harmful; or
(e) state, suggest or in any way give the impression that you have any commercial relationship with us, or that you are our agent or that we have endorsed any submission you may make to our Websites.

3.3 All information contained on our Websites is provided for general information purposes only. It is not intended to be relied on, nor a substitute for your own judgement or for advice (including medical advice). We do not guarantee that any information provided on our Websites is accurate, complete, up to date or suitable for your intended use.

4. Security

4.1 Security of your information and your use of our Websites is very important to us. We will take reasonable technical and organisational precautions to protect our Websites and the information that we hold. However, due to the inherent nature of the internet, we are not able to guarantee that our Websites or any information that we hold or that you transmit to us will be secure or free from bugs or viruses.

4.2 You are responsible for taking your own measures to reduce the risk of viruses or other forms of interference damaging your computer system.

5. Exclusion of our liability

5.1 To the extent permitted by law:

(a) our Websites are provided on an “as is” and “as available” basis and any warranties, representations, conditions, undertakings and terms, whether express or implied, are expressly excluded; and
(b) in no event will we be liable under contract, tort (including negligence) or otherwise in connection with: (i) your access to, use of, inability to use or reliance on our Websites; or (ii) any information contained in, accessed or provided to us through our Websites.

5.2 You acknowledge that access to our Websites is provided at no charge and accordingly the exclusions of liability set out in this clause is fair and reasonable.

5.3 Our Websites may provide links to other websites for your convenience and information. These websites are outside our control and the provision of a link to a third party website does not imply our agreement to or endorsement of any of the information contained on the third party website or otherwise imply any association with the third party. Third party websites may have different terms of use and privacy policies, which you should review before using the third party website.

5.4 If you link our Websites to your website, you must remove the link at our request.

6. Intellectual property rights

6.1 We own or have obtained a valid licence to use all copyright, trademarks and other intellectual property rights used on our Websites and all such intellectual property rights will remain solely with us and/or our licensors (as the case may be).

6.2 Unless otherwise indicated, the material available on our Websites is protected by copyright. You can reproduce this material to your own computer for your personal use free of charge without further permission, as long as you:

(a) reproduce the material accurately;
(b) do not use the material in a derogatory manner or a misleading context; and
(c) acknowledge the source and copyright status of the material.
You may not post or redistribute any portion of our Website unless you have a license from us to do so.

7. General

7.1 These Website Terms are governed by and constructed in accordance with the laws of Victoria, Australia and you submit to the exclusive jurisdiction of the courts of Victoria, Australia.

8.2 These Website Terms constitute the entire agreement between you and us relating to our Websites.

8.3 If any provision of these Website Terms is found to be unenforceable or invalid, that provision will be limited or removed to the minimum extent necessary so that these Website Terms will otherwise remain in full force and effect. Our failure to exercise any right will not be deemed a waiver of that right or any other rights that we may have.

8.4 In these Terms (a) headings are for convenience only and do not affect interpretation; (b) a reference to a statute includes all regulations under and amendments to that statute and any statute passed in substitution for that statute or incorporating any of its provisions to the extent that they are incorporated; (c) a word importing the singular includes the plural and vice versa; (d) a reference to a party to these Terms includes that party’s successors and permitted assigns and substitutes; (e) “including” (and similar expressions) will be construed as “including, without limitation”; and (f) the singular includes the plural and vice versa.

9. Contact us

9.1 If you have any questions about these Website Terms or our Website please contact us at:

Email: info@rainbowgiving.org.au

These Website Terms were last updated 19.03.2025