When the Exception Becomes the Rule

WEBSITE TERMS OF USE

These terms and conditions (Terms) govern your use of this website located atwww.charlieteofoundation.org.au(Site). Throughout these Terms, when we mention ‘we’, ‘our’ or ‘us’, we mean Charlie Teo Foundation of Level 1, 605 Botany Rd, Rosebery NSW 2018.

Acceptance

Please read these Terms carefully before using this Site. By using this Site, you agree to be bound by these Terms. If you do not wish to be bound by these Terms, you should not use this Site and you should close this Site immediately.

We may revise these Terms from time to time. Revised Terms are effective immediately upon being posted onto this Site. Your continued use of this Site will mark your acceptance of any such revised Terms.

Use of Content

Unless otherwise indicated by us, we own all intellectual property rights, including copyright, in all text, graphics, images, artwork, photographs, pictures, trade marks, logos, computer code and other materials posted on this Site (Content), and the arrangement of this Content.

Occasionally, we may publish Content in which the copyright is not owned by us. When this is done, we make every effort to acknowledge the copyright owner.

The Content may only be used by you for personal, educational and non-commercial purposes. You agree not to:

(a) alter or remove any copyright, trade mark or other proprietary notice of ours or of any other company appearing on this Site;

(b) copy, sell, reproduce, republish, transmit or distribute, the Content or upload, post or display the Content on any other website or medium for publication or distribution or for any commercial enterprise;

(c) modify or edit the Content in any way; or

(d) to the maximum extent permitted by law, reverse engineer, translate, adapt or modify any software used in connection with this Site.

Our approval of any fundraising activity does not constitute permission to reproduce or modify any of the Content on this Site and all requests for such permission must be approved by us in writing.

The Content on this Site is for general information purposes only. We make no warranties or representations about the accuracy, reliability, currency or continuous supply of any of the Content on this Site. As a user of this Site, you are required to make your own enquiries before entering into any transaction on the basis of, or in reliance upon, the Content.

In the event that you find any inaccurate information on this Site, or have any complaint about what we have published, please emailinfo@charlieteofoundation.org.au. We will investigate the matter on receipt of your email and will take such further action as we consider appropriate.

Approved Instagram content terms and conditions

When accepting rights requests you are allowing the Charlie Teo Foundation to use your content in future marketing campaigns with no copyright.

Rights will be requested by the Charlie Teo Foundation via commenting on your Instagram or via a Tweet and require a response to approve use of your content. To agree to the Charlie Teo Foundation reusing your content simply reply using the hashtag #YesCharlieTeoFoundation

Copyright: Upon approval, photos become available for use by the Charlie Teo Foundation and each participant relinquishes any claims of ownership or rights therein upon approval of their content to be used.

Your Conduct

You must use this Site for lawful purposes only. You must not transmit via this Site any material which is illegal, threatening, abusive, defamatory, invasive of privacy rights, vulgar, obscene, profane or otherwise objectionable or inappropriate, or which violates or infringes in any way upon the rights of others.

Donations

Access to the Charlie Teo Foundation’s website including the “Donations” web page, is provided “as is” and “as available” and without warranty of any kind except those not able to be excluded by Australian law. Charlie Teo Foundation does not guarantee such access, particularly access by mobile phone, or that such access will be continuous, uninterrupted or secure. Mobile phone access to the website is subject to network limitations and availability as well as factors beyond the control of the Charlie Teo Foundation.

Other Terms and Conditions

Additional terms and conditions may apply to specific portions or features of this Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms by this clause.

You agree to abide by such other terms and conditions, including (where applicable) representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms and the terms posted for, or applicable to, a specific portion of this Site or for any service offered on or through this Site, the latter terms will take precedence with respect to your use of that portion of this Site or the specific service.

Liability

Your access to and use of this Site is provided on an “as is” and “as available” basis.

To the full extent permitted by law, we disclaim all conditions, warranties or rights of any kind in relation to products, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose and non-infringement.

We are not responsible for any loss or damage caused by this Site (or a part of this Site) being suspended, terminated or your access to and use of this Site limited, or for late delivery or cancellation of an order of a product, except as set out expressly in these Terms.

While we exercise all due care, we cannot and do not guarantee or warrant that the Site will be free of infection, viruses, defects, harmful components or any other codes that may have contaminating or destructive properties. We recommend that you install up-to-date virus protection software on your computer prior to using this Site.

We also make no warranty that:

(a) the Site or products which you order through the Site will meet your requirements;

(b) the Site will be uninterrupted, timely, secure, or error-free; or

(c) the quality of any products, services, information, or other material purchased or obtained by you through the Site will meet your expectations.

Where any condition, warranty or right is implied by law and cannot be excluded, we limit our liability for breach of, or other act contrary to, that implied condition, warranty or right, at our option, to either:

(a) the re-supply of the products or services; or

(b) an amount equivalent to having the products or services re-supplied.

Except as expressly stated in these Terms and in respect of any liability that cannot be excluded by law, we will not be liable for any loss or damages of any kind (including any direct, indirect, incidental and consequential loss or damages) arising in connection with your access to, or use of, or inability to use this Site, the Content (including linked websites) or products which you order through this Site. The foregoing applies whether such loss or damages arise under contract, in tort, in negligence, under statute or otherwise.

Indemnity

We rely on you observing these Terms at all times. You agree to indemnify and hold us and our officers, employees and agents harmless from any claims of any nature whatsoever (including legal costs) by any third party arising out of or in connection with your access to and use of the Site. The indemnity is this clause extends to and covers your breach of these Terms.

Third Party Sites

We may link this Site to other websites which are not under the control of, or maintained by, us. We are providing these links to you only as a matter of convenience and, to the maximum extent permitted by law, we are not responsible for the content of such websites. We do not endorse or recommend any products, materials or services displayed or offered on any websites which may be linked to this Site.

Links from External Sites

We may grant you permission to create a hyperlink from any other website to this Site, upon request. You must receive our permission in writing prior to posting such a hyperlink.

All hyperlinks to this Site must point towww.charlieteofoundation.org.auand not to any internal page, and any text-only link must be identified as ‘Charlie Teo Foundation’. Any deviation from these Terms must be approved by us in writing.

Privacy

We are committed to respecting and protecting your personal information. Please refer to our Privacy Policy available on our website to learn more about how we handle personal information. Should you have any questions in relation to our Privacy Policy please email info@charlieteofoundation.org.au

General

These Terms between you and us will be governed by the laws of New South Wales, Australia. You agree that any dispute or legal proceeding in relation to this Site shall be brought exclusively in the courts of New South Wales, Australia.

Although this Site can be accessed throughout Australia and overseas, we do not represent that the content of this Site complies with the laws (including the intellectual property laws) of countries outside Australia. If you access this Site from outside Australia, you do this at your own risk and are responsible for ensuring compliance with all laws in the place where you are located.

If any provision or part of a provision of these Terms is held by a court of competent jurisdiction to be contrary to law, all other provisions shall remain in full force and effect.

These Terms comprise the entire agreement between you and us in respect to your use of this Site.

Last updated December 2019

PRIVACY POLICY

This Privacy Policy sets out our commitment to protecting the privacy of your personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. Charlie Teo Foundation ABN 57 622 041 061 only collects personal information that is reasonably necessary for us to perform our charitable activities.

What is personal information?

Personal information is information or an opinion about an identified individual, or an individual that is reasonably identifiable. Personal information can include a person’s name, address, contact details, date of birth, gender, sexuality and race.

What personal information does Charlie Teo Foundation collect and why?

To enable us to undertake our charitable activities we may collect the following personal information from you:

• Your name, title, signature, address, phone number, email, date of birth and employment details;

• Health information;

• Payment and billing details including bank and credit card details.

If you are making a donation, we may also ask you to provide details about the motivation for the gift and whether it is made on behalf of an individual or an organisation.

Who do we collect personal information from?

Charlie Teo Foundation may collect personal information from donors, volunteers, fundraisers, people with or affected by brain cancer, event guests, corporate partners and sponsors,researchers and research institutions, grantees, suppliers, service providers and other supporters.

How do we collect your personal information?

We may collect personal informationfrom you in various ways, including in-person, by telephone, via our website or email, the internet, through social media or by mail.

Third parties might also collect personal information from you (for example, organisers of fundraisers) to provide to us.

What do we do with your personal information?

Charlie Teo Foundation uses personal information in the following ways:

• To communicate with you about our activities including but not limited to upcoming fundraising events, campaigns, research activities and outcomes;

• To process your donation or application to organise a fundraiser;

• To enable us to undertake our volunteer program;

• For marketing and promotion of our activities including to help raise awareness and funds for brain cancer research;

• To enable us to conduct our grant program and research activities; and

• To comply with legislative or regulatory requirements.

We would only provide your personal information to a third party if it is necessary to perform our activities (i.e.if you have specific dietary requirements, we would provide that information to the organiser of the event).

Health information and other sensitive information

If you provide us with details of how you have been affected by brain cancer, including information about your medical condition, history andtreatment, this is considered health information. We will always seek your consent to the use and disclosure of such information, including using your story and image in our communications, social media and promotional material.

Research participants

If you participate in research programs that we conduct, we may collect personal information to record your involvement and to process the results of research and to contact you regarding participation in the study or future studies. The information we collect from you will generally be sensitive information because it will be your health information and could be other sensitive information such as information about your racial or ethnic origin. It will be handled in accordance with this privacy policy and any relevant research ethics approved by an external committee.

We may collect your personal information including:

• your medical history including, where relevant, a family medical history;

• your Medicare number and information about your privacy health insurance;

• current medications or treatments used by you;

• the name of any care provider, health service provider or medical specialist to whom we refer you back to or has referred you to us, copies of any referrals and reports;

• test results and samples.

Information may also be collected about individuals who are not research participants when we make a record about a research participant. For example, when collecting emergency contact details or a family medical history.

From time to time we may collate and analyse statistical data from information we have previously collected. In these cases, the data will be de-identified and aggregated before it is disclosed to third parties.

Biobank

As a brain cancer research organisation, we operate a biobank which stores biological samples and associated health data for use in research. Third party research organisations may provide us with samples and data from participants in their research studies, for inclusion in a biobank. We may use these samples and data to generate genetic or genomic information. Biobanks are a valuable resource to support research to develop new treatments, drugs and therapies and to understand health and disease conditions more broadly. We work with reputable contractors and third party service providers to operate our biobanks. Our biobank is designed and managed to protect the privacy of individuals and to comply with the highest standard of legal requirements and clinical ethics. In most cases, the biological samples and associated data are de-identified and it is not possible to identify individuals to whom the sample and associated data relates. Where this is the case, the samples and data will not be personal information which is subject to privacy laws. Where we do hold personal information in the biobank, it will be handled in accordance with this privacy policy and the relevant human research ethics approved by an external Human Research Ethics Committee. Research participants enrolled in this research will be given further information detailing how their personal information (including health information) will be handled.

How do we store your personal information?

Your personal information is stored onelectronic cloud-based databases and Microsoft Office 365. We also may hold hard copy information on-site at our office. We have implemented electronic and physical measures to protect the personal, sensitive and health information we receive from misuse, interference and loss, and from unauthorised use, modification or disclosure. We are not, however, liable for any unauthorised access or disclosure of information.

Your financial information

Our website uses Secure Sockets Layer (SSL) certificates to protect your credit card information over the internet. We also encrypt the credit card details we store on our electronic cloud-based database.

Access to and correction of your personal information

At your request, Charlie Teo Foundation will provide you with access to your personal information that is held by us. We may, however, refuse a request for access in certain circumstances in accordance with Australian Privacy Principle 12.

If you consider the personal information that we hold about you is inaccurate, incomplete, irrelevant or out-of-date, please contact us so that we can correct the information.

Unsubscribe

To unsubscribe from our e-mail database or opt-out of communications (including marketing communications), please contact us using the details below or opt-out using the opt-out facilities provided in the communication.

How are changes to this privacy policy made?

We may, at any time and at our discretion, change this Privacy Policy by publishing the amended Privacy Policy on our website. We recommend you check our website regularly to ensure you are aware of our current Privacy Policy.

For any questions or notices, please contact our Privacy Officer at:

Charlie Teo Foundation ABN 57 622 041 061

Phone: (02) 8880 8328

Email: info@charlieteofoundation.org.au

We will respond to requests within a reasonable timeframe.

Last updated December 2019