Online Fundraising

Terms and Conditions
Terms & Conditions of Dine Pink 2018

Privacy Policy

 

Breast Cancer Network Australia (BCNA) is committed to protecting the privacy and confidentiality of the personal information that we hold.  BCNA must only collect personal information necessary for its functions and activities.  Privacy of information is very important to BCNA. We hope that members will share information to assist BCNA in our work to improve services but this is not a requirement of membership. We understand that breast cancer is a very personal thing and we do not want anyone to feel uncomfortable about the information we keep.

This Policy sets out BCNA’s personal information management practices. It covers the following areas:

  •  Application of privacy laws
  •   Personal information collected
  •   Collection, use and disclosure of personal information
  •   Accessing and updating personal information
  •   Security of personal information
  •   BCNA websites
  •   Contact details
  •   Publication of this policy
  •   Policy update
  •   Further information

This Policy refers to collection of “personal information” which is information which identifies an individual or from which the individual’s identity may reasonably be ascertained. This includes electronic or paper records.

In addition to the provisions of this Privacy Policy, there may also be specific and additional privacy terms that apply to certain functions of BCNA. Because those specific and additional provisions also apply to those functions, BCNA recommends that these are reviewed wherever they are provided. In the event of any inconsistency between the provisions of this Privacy Policy and those other specific and additional provisions, the specific and additional provisions will prevail.

1. Application of privacy laws

BCNA is bound by the Privacy Act 1988 (Cth), the Health Records Act 2001 (Vic) and other laws which protect the privacy of individuals. BCNA sometimes handles personal information relying on exemptions under these laws, for example in relation to employee records and services to provided to or for government authorities. Any permitted handling of personal information under such exemptions will take priority over this Privacy Policy to the extent of any inconsistency.

2. Collection of personal information

BCNA collects personal information about individuals including:

  •   Members
  •   Directors
  •   Consumer Representatives
  •   Community Liaisons
  •   Review and Survey members
  •   Forum attendees
  •   Supporters/Donors
  •   Employees/Prospective employees
  •   Volunteers
  •   Members of the public who request information from BCNA
  •   Users of our Websites

Personal information collected about individuals may include name, address, telephone, email and fax contact details, details of their experience of breast cancer. For donors it may include credit card or other financial details.

We collect personal information through individuals’ interactions with us, including any contact by telephone, email or online. We collect personal information directly from individuals as well as from third parties including public sources and the parties described under ‘Use and disclosure of personal information’ below.

Where we collect sensitive information, such as health information about individuals, we will do so only with their consent, where it is provided voluntarily or where otherwise authorised by law. No one is obliged to provide any information and consent to hold particular information can be withdrawn at any time.

3. Use and disclosure of personal information

We may use and disclose individuals’ personal information on an ongoing basis for purposes including to:

  •   send requested resources (My Journey Kit, The Beacon, Inside Story, My Care Kit etc.)
  •   send survey or research requests, unless the individual has asked not to receive these
  •   process donations
  •   respond to comments or queries
  •   provide limited promotional information about BCNA events or activities by telephone, electronic messages (eg. email), online and other means, unless the individual has asked not to receive these
  •   assess any application to become a volunteer, contractor or employee
  •   carry out administrative tasks including research, internal reviews, analysis and production of consolidated statistics

BCNA may not be able to do these things without individuals’ personal information. For example, BCNA may not be able to contact, issue receipts to or offer employment to individuals where certain personal information is not provided.

Many of BCNA’s tasks are performed with the assistance of contractors and volunteers, and BCNA may share personal information with them. BCNA may also provide personal information to service providers who assist BNCA provide its services. These may include organisations that assist BCNA with archival, research, mail and delivery, auditing, accounting, financial and legal advisory, banking, payment, security, technology, customer contact, data processing, data analysis, investigation and marketing services.

BCNA may otherwise use or disclose personal information where required or authorised by law, which may include emergency situations and assisting law enforcement agencies.

Some of the third parties described above may be located in other countries such as the United States and while they will often be subject to confidentiality or privacy obligations, individuals agreeing to this Privacy Policy accept that those third parties may not always follow the particular requirements of Australian privacy laws.

4. Accessing and updating personal information

Individuals wishing to request to access or correct any personal information BCNA holds about them are encouraged to contact BCNA using the details set out in the “Contact details” below. BCNA asks that individuals provide as much detail as possible about the particular information sought, in order to help BCNA retrieve it. Appropriate identification is required before access can be provided. In certain circumstances, BCNA may not be required by law to provide access or to correct an individual’s personal information. If that is the case, BCNA will give reasons to explain this. Where BCNA does not make an individual’s requested correction to their personal information, the individual may ask us to make a note of the requested correction with the information.

5. Security of personal information

BCNA is required to take reasonable steps to protect all the personal information it holds from misuse and loss and from unauthorised access, modification or disclosure. This protection applies to information stored both electronically and in hard copy form.

6. BCNA websites

If someone visits www.bcna.org.au or fieldofwomen.org.au (the “Websites”) to read, browse or download information, our system may record information such as the date and time of their visit to the Website, the pages accessed and any information downloaded. This information is used for statistical, reporting and website administration and maintenance purposes only.

Registered users of bcna.org.au have the ability to control whether their personal information is accessible to others on that Website. This can be done in the Member Preferences section. Where any information preference is set to “public” then users should be aware that it may be viewed by other users of bcna.org.au including third party search engines.

Like many websites, the Websites may use “cookies” from time to time. Cookies are small text files that the Websites transfer to a user’s hard drive through their web browser to enable the Websites’ systems to recognise the user’s browser. Cookies may also be used to record non-personal information such as the date, time or duration of a user’s visit, or the pages accessed, for website administration, statistical and maintenance purposes. The default settings of browsers like Internet Explorer always allow cookies, but users can easily erase cookies from their hard-drive, block all cookies, or receive a warning before a cookie is stored. Please note that some parts of the Websites may not function fully for users that disallow cookies.

When we send emails or other electronic messages, we may record where recipients open the message and click on particular links. This helps us to better understand what information is of interest to those recipients.

The Websites may use Google Analytics, a web analytics service provided by Google, Inc. (“Google”).  Google Analytics uses cookies to help analyse use of the Websites. The information generated by the cookie about your use of the Websites (including the IP address of users’ computers) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating individuals’ use of the Websites, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage.  Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate IP addresses with any other data held by Google. By using either of the Websites, individuals consent to the processing of data about them by Google in the manner and for the purposes set out above.

While BCNA takes great care to protect personal information on the Websites, unfortunately no data transmission over the Internet can be guaranteed to be 100% secure. Accordingly, BCNA cannot ensure or warrant the security of any information sent to or from BCNA online. This is particularly true for information sent to BCNA via email. BCNA has no way of protecting that information until it reaches BCNA. Once BCNA receives personal information by email, BCNA protects its security in accordance with this Privacy Policy.

The Websites may contains links to other sites. BCNA is not responsible for the privacy practices or policies of those sites.

7. Contact details

Questions or comments about privacy should be directed as set out below.  We take individuals’ privacy concerns seriously. Where an individual expresses any concerns that we have interfered with their privacy, we will respond to let them know who will be handling their matter and when they can expect a further response.

Breast Cancer Network Australia
293 Camberwell Rd, Camberwell, VICTORIA 3124
Tel: 03 9805 2500 or 1800 500 258
Email: beacon@bcna.org.au
Website: www.bcna.org.au

8. Publication of this policy

BCNA will publish this policy on our Websites and will make copies available by request.

9. Policy update

BCNA’s Privacy Officer is responsible for monitoring changes in privacy legislation and for reviewing this policy.

10. Further information

For information about privacy generally, or for individuals whose have further privacy concerns not resolved to their satisfaction, the Office of the Australian Information Commissioner can be contacted on 1300 363 992 or via www.oaic.gov.au.


Breast Cancer Network Australia 
ABN 16 087 937 531
Last updated 11 March 2014

Site Terms and Conditions

These Terms must be read together with any Terms and Conditions specific to a particular event (Event Terms) which are located on the fundraising page for that event. If there is any conflict between these Terms and any Event Terms, then these Terms will prevail to the extent of the inconsistency.

Introduction and acceptance of terms

  1. Welcome to the GoFundraise fundraising platform. This website is owned and operated by GoFundraise Pty Limited ACN 125 407 865 of Suite 508, 19A Boundary Street, Rushcutters Bay NSW 2011 (GoFundraise, We, Us). The use of this website, and all services and online tools (the Platform) that GoFundraise makes available to donors, registrants and other users of the GoFundraise service (Users, You, Your) is governed by these Terms & Conditions (Terms). Your access and use of the Platform constitutes your agreement with, and acceptance of these Terms, and if You do not accept these Terms You may not use or continue to use the Platform.
  2. These Terms and Conditions may change or be updated from time to time and it is Your responsibility to ensure that You remain in agreement with the current Terms posted on this Platform.
  3. By Accepting these Terms and Conditions you are also agreeing that you have read and understood our Privacy Policy .

New Zealand Users and NZ Non-Profit Organisations

  1. If You have accessed this website from New Zealand, and/or:
    1. wish to donate to a New Zealand Non-Profit organisation with Registered Charitable Status or Donee Tax Status, the Terms governing Your use of the Platform are here.
    2. you are a Non-Profit Organisation and wish to use the GoFundraise Platform for fundraising, then the Terms for New Zealand will govern Your use of the Platform, and You must also agree to additional terms here.

Overview

  1. The Platform is an online fundraising facility. GoFundraise acts as agent of the Not-For-Profit Organisations (NFPs) and other users of the Platform facilities (Other Clients) (Other Clients and NFPs together and each a Beneficiary) with limited authority adequate to facilitate the collection, accounting and payment of funds raised. The GoFundraise agency is limited to the delivery of online services and consequential accounting. Beneficiaries and Users are given access to functionality that enables them to create fundraising campaigns, build web pages and contact their networks. All such actions are the actions of the relevant Beneficiary or User. As a general proposition, GoFundraise accepts no liability whatsoever for the actions of Beneficiaries or Users on the Platform.
  2. Every Not-For-Profit Organisation (NFP) listed on this Website has a contract with GoFundraise authorising Us to collect donations on its behalf, and we take reasonable steps to substantiate the Not-For-Profit status of NFP’s during the registration and contracting process.
  3. Despite clause 6, GoFundraise accepts no liability for ensuring that any Beneficiary applies the proceeds received from a donation in any particular way. If a User is dissatisfied with a Beneficiary's use of any donation the User makes through the Platform, the User should contact that Beneficiary directly.

GoFundraise fees

  1. Standard arrangement
    GoFundraise offers NFPs flexible fee options. Under the standard fee arrangement, GoFundraise charges a small service fee of between 0.49% - 6% (depending on the plan of the Beneficiary and where donation is facilitated) for its services. The fee is deducted from gross donations collected on behalf of the Beneficiary.. Direct donations to a Charity's fundraising portal (located at www.gofundraise.com.au/beneficiaries/search) are charged at the low administration fee of 0.49% service fee + GST and processing cost. Regular giving payments are charged at 1.95% Service Fee + GST to the Beneficiary plus card transaction fees. Other transactions are charged at the rate based on their plan.

    Donor Pays Option
    Beneficiaries may, at their option, choose one of GoFundraise’s Donor Pay Option arrangements for recovery of the fees required for the Platform to continue to provide its services. If the Beneficiary chooses these Options, then the donor is asked to tip to GoFundraise a sum of their choosing or a percentage uplift to the beneficiary to off-set the Platform Fee or to match the fees charged under the standard arrangement.
  2. GoFundraise also recovers credit card processing fees from the gross donations. These are currently at the market rate of 1.1% (inc gst) + $0.20 (inc gst) per transaction for Visa & Master Card, and 1.98% (inc gst) for American Express and 2.1% for Paypal (GST exempt). These fees are subject to change without notice. Transactions to multiple organisations in a transaction may incur an additional $0.20 fee per beneficiary.
  3. If GoFundraise provides services additional to the collection of donations through the Platform at the request of a Beneficiary, then fees for those specific services apply.

Credit card payments

  1. Any donation, purchases or other transactions made through the Platform by a User inserting that User’s credit card details is final and not disputable. Where there has been an unauthorised use of a User’s credit card, and the unauthorised nature of that use is proved on the balance of probabilities, then the donation will be refunded unless it has already been credited to the relevant Beneficiary.

Regular Giving payments

  1. Regular Giving is a functionality that provides Users the opportunity to schedule regular donations. A User can modify the amount and frequency of a Regular Giving payment up to 72 hours prior to a scheduled payment. The User may update this information through the 'My Donations & Purchases' area, located under 'My Account'. The minimum regular giving payment is $2.00 AUD.
  2. To cancel a Regular Giving payments the User must email support@gofundraise.com.au or calling 1300 889 272 or + 61 29326 9877. Cancelations take up to 7 working days to take effect. Any payment that occurs before this time cannot be cancelled and will not be refunded by GoFundraise. Users will be notified via email that your payment has been cancelled. It is the Users responsibility to ensure that cancellations have been made, if you do not receive a confirmation within 7 days please call 1300 889 272 or + 61 29326 9877 immediately. All receipts will be generated and emailed to you on the day your regular payment is made and are available for download under the Users My Donation and Purchases area.

Ticket Sales and Raffles

  1. The Platform provides Beneficiaries of a specific account class with the functionality necessary to conduct raffles and sell tickets to events. GoFundraise makes no representations as to the compliance by Beneficiaries with the laws applicable to the conduct of events or raffles. Users must establish to their own satisfaction the propriety or otherwise of such raffles and ticketed events by contacting the relevant Beneficiary directly. Any disputes about raffles must be directed to the raffle organiser.
  2. Payments made by Users through the Platform for Raffle tickets are non-refundable. Please choose carefully.

User registration

  1. You may use the platform anonymously without registering. When you do this some information such as your IP address, location and site usage may be collected.
  2. You may also register Your details and be added to the Platform database. Acceptance of Your registration and the continuation of it will be subject to these Terms and the GoFundraise Privacy Policy .

Passwords

  1. You must keep Your personal login information safe, private and secure at all times. This extends to:
    1. not allowing any other person to use their login information or hold themselves out as You;
    2. not disclosing, or allowing a copy to be discovered of the login information of the User; and
    3. regularly updating any passwords or other unique identifiers used in conjunction with the login process to minimise the chance of misuse of login information.

Indemnity for misuse of Your login information

  1. GoFundraise accepts no liability for acts carried out by any person using Your personal login information, and You indemnify GoFundraise from any costs, expenses or damages paid or payable by GoFundraise in connection with your breach of clause 19.

Personal fundraising pages

  1. Users who have registered with GoFundraise may establish a fundraising page or pages (Personal Page) on the Platform to fundraise for a Beneficiary. All external funds raised by a User with a Personal Page must be donated exclusively through the Platform except for funds collected off-line.
  2. Where a registered User builds a personal fundraising page or Event in favour of a Beneficiary, the Beneficiary must be first registered on the Website. The creation by a User of a Personal Page, Event or Microsite in no way implies the endorsement of the fundraising or other activity promoted on the page by GoFundraise or the Beneficiary.
  3. GoFundraise reserves the right to delete, close or suspend a Personal Page, and/or Event at it’s discretion. Also if a Beneficiary or Event Organiser gives GoFundraise written notice that it deems a fundraising activity promoted on a Personal Page or Event to be inappropriate or unnecessarily dangerous or not desirable, GoFundraise will use it’s discretion to take appropriate action.
  4. Where a User builds a Personal Page on the Platform, the User must ensure that the data, including without limitation all text, pictures, graphics, audio, video, images and other data or information uploaded to the Personal Page does not:
    1. infringe the intellectual property rights (including copyright) of any third party.
    2. detrimentally affect the brand or reputation of GoFundraise, any Beneficiary or any affiliates or partners of GoFundraise;
    3. be misleading or deceptive as to the nature, type, service or benefits of the Content;
    4. be misleading as to that User’s identity or affiliation with any person or group
    5. contain information that is inaccurate, ambiguous, exaggerated, defamatory or untrue;
    6. encourage, counsel, incite or suggest any discriminatory, criminal or other unlawful acts; or
    7. contain vulgar and/or suggestive language or images or innuendo or slang of a sexual, immoral, racist or violent nature.
  5. In addition, You must not use the Platform to:
    1. send junk email, sms or spam to people who do not wish to receive email from You;
    2. conduct, display or forward surveys, raffles, lotteries, contests, pyramid schemes or chain letters;
    3. interfere with, or disrupt, the service or services or networks connected to the service and introduce any computer virus (including any variant or similar malicious code or instructions) to the GoFundraise systems;
    4. provide a donor with any gift, prize or any other form of incentive in connection with the making of any donation by another User.
  6. Except in relation to a User’s Personal Page, a User may not remove, alter, add to or change anything on the Platform.
  7. GoFundraise does not actively and/or continuously moderate the Personal Pages built on the Platform but reserves the right to remove or edit any Content posted on the Platform at its sole discretion and without notice, regardless or whether or not it is, in the opinion of any third party, in breach of these Terms and Conditions. If a User notices any Content posted in breach of these Terms or that the User considers otherwise offensive or unlawful, the User should contact GoFundraise at support@gofundraise.com.au

User IP

  1. The User warrants that all Content uploaded by the User to a Personal Page or otherwise (User IP) is owned by the User or the User has the necessary rights and/or permissions to:
    1. use the Content for the purposes of the Personal Page; and
    2. to grant the licence comprised in clause 29,
    and the User indemnifies GoFundraise from any costs, expenses, claims or damages paid or payable by GoFundraise in connection with a claim by any person that the User IP infringes the Intellectual Property Rights of that person.
  2. The User grants to GoFundraise a royalty free, worldwide, non-exclusive, transferable, licence to use, copy, perform, modify and create derivative works of the User’s Content, in whole or part, as contemplated by these Terms.
  3. The User acknowledges and agrees that upon receipt and notice of any claim under this section, GoFundraise may immediately remove any User content from the Platform without liability. Any claims of any complaining party will be referred to the User.

Authorisation to Fundraise

  1. If You are raising funds for an Authorised Fundraiser (charity or cause) within New South Wales You will be issued with an Authorisation to Fundraise (ATF) by your chosen charity or cause (Authorised Fundraiser) as is required under the Charitable Fundraising Act, 1991 (NSW). ATF will be signed by GoFundraise on behalf of the Authorised Fundraiser and will confirm that you are authorised to fundraise consistent with the information that you have specified. The ATF will commence on the date You create a fundraising page and expire on the date specified and if no date is specified then six months after the creation date. You will only be authorised to fundraise, whether as a face-to-face collector as discussed in clause 32 or through Your fundraising page only, through the Platform, where receipts will be automatically emailed to Donor.

Fundraising face-to-face

  1. If You wish to solicit funds from the public face to face for the Authorised Fundraiser, You may do so under the terms of the ATF and in accordance with the Code of Conduct and Fundraising Guidelines. To conduct face-to-face fundraising You must download, print out and wear your Identification badge at all times when You are soliciting funds from the public. The badge must be returned to the Authorised Fundraiser when the fundraising has ended. The necessary identification badge & ATF may be accessed via the "Authority to Fundraise" tab located in the “My Fundraising Page” area of Your account.

Code of Conduct & Fundraising Guidelines

  1. By creating this Fundraising Page You also agree abide by the Authorised Fundraiser's Code of Conduct (COC) or Fundraising Guidelines, which may also be located in Your "My Fundraising Page" area. If You are unaware of what these are then please contact Your Authorised Fundraiser for a copy. If You do not agree to abide by these conditions then You must not create a fundraising page, or if You have already created the page, delete it immediately.

Termination of Use

  1. GoFundraise reserves the right to reject a registration application or terminate use of the Platform by a registered User without cause or any obligation to discuss the matter with that User. Without limiting the rights reserved in this clause, We may terminate the use of the Platform by a User if:
    1. a serious complaint is received or a number of complaints (amounting to what we determine as a serious complaint) are received about the User and his/her/its;
    2. conduct in using the Website;
    3. You breaches these Terms and Conditions, whether the breach is material or otherwise;
    4. if We deem Your behaviour to be unacceptable (as solely determined by us).

Intellectual Property Rights

  1. For the purposes of these Terms, “Intellectual Property Rights” means all intellectual property rights, including but not limited to:
    1. patents, copyright, rights in circuit layouts, registered and unregistered designs, registered and unregistered trademarks, knowhow and the right to have confidential information kept confidential; and
    2. any application or right to apply for registration of any of the rights referred to in paragraph (a).
  2. GoFundraise owns or has the right to use all Intellectual Property Rights comprised in the Platform. A User must not:
    1. assert any ownership or rights in respect of the Intellectual Property Rights in the Platform;
    2. reverse assemble, reverse engineer, modify, alter, adapt, disassemble, decompile or amend the underlying materials containing the Intellectual Property Rights in the Platform in any way, whether directly or indirectly, or authorise any other person to do so
  3. No use of Content on the Platform is permitted without the prior written consent of GoFundraise, and where applicable, the licensor to GoFundraise of the applicable rights.

No warranties

  1. GoFundraise will make reasonable commercial efforts to maintain the performance of the Platform and continue to deliver services to Users. Despite this clause, the User acknowledges and agrees that GoFundraise cannot and does not guarantee continuous operation of the Platform or the integrity of the data stored or transmitted in or through the Platform or the public Internet. The disclaimer of warranties in this clause replaces all other representations or warranties, whether statutory, express or implied that may have been made by GoFundraise or be found in these Terms or in the relationship between GoFundraise and Users and all such representations and warranties that may be excluded at law are excluded.

Limitation of liability and indemnity by User

  1. GoFundraise will not be liable for direct, indirect, special, incidental, consequential, punitive or exemplary damages of any kind whatsoever including any damages for lost data, lost business, lost profits, injury, claim, liability or damage or failure of security resulting in any way from:
    1. the use of the Platform by a User;
    2. the representations or activities of a User on or through the Platform, whether acting with or without the authorisation of a Beneficiary; or
    3. 38(c) the representations, opinions or activities of Beneficiaries made on or through the Platform.
  2. The User indemnifies and holds GoFundraise, its affiliates, officers, employees and agents harmless from any liabilities, claims, expenses or demands, including legal fees and costs made by any third party due to or arising out of or in connection with:
    1. the use or misuse of the Platform by the User;
    2. Content uploaded by the User;
    3. the breach by the User of these Terms; or
    4. any liability arising out of the use of a User’s account.

Notices

  1. A party notifying or giving notice to GoFundraise under these Terms must do so by notice:
    1. in writing;
    2. addressed to GoFundraise at the address set out at the beginning of these Terms; and
    3. left at or sent by prepaid post, facsimile or email to that address.
  2. A notice given in accordance with clause 41 above, will be deemed received:
    1. on the date of delivery, if left at the recipient’s address;
    2. Five days after the date of posting if sent by prepaid post; and
    3. if sent by facsimile, when the sender’s facsimile system generates a message confirming successful transmission of the total number of pages of the notice unless, within eight business hours after that transmission, the recipient informs the sender that it has not received the entire notice; and
    4. if sent by email, on the day the email is sent (as long as the sender has not received a delivery failure message in relation to that email).

Jurisdiction

  1. The laws of New South Wales and the Commonwealth of Australia (as applicable) govern these Terms and Conditions.

Survival

  1. Clauses 24, 25, 28, 29, 39, 40, 41, 42, survive termination or expiry of these Terms as between GoFundraise and the User.

General

  1. These Terms and Conditions and the GoFundraise Privacy Policy constitute the entire understanding and agreement between the User and GoFundraise and supersede any and all prior oral or written communication on the subject matter contained in them.
  2. If any provision in these Terms and Conditions is held invalid, then such provision (to the extent it is invalid) is deemed severed from these Terms and Conditions and the remainder will not be affected.
  3. All prices are in Australian Dollars.
  4. Terms & Conditions updated April 2019