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NSW Data Cloud Terms of Use – Organisation

The NSW Data Cloud is a whole of government platform, managed by the NSW Data Analytics Centre (DAC) on behalf of the NSW Government. The NSW Data Analytics Centre is a part of the NSW Department of Customer Service (DCS).

The NSW Data Cloud is a self-service platform that supports NSW Government agencies to safely and efficiently share data with each other, with government agencies in other jurisdictions, and with research and community organisations as appropriate. It helps people find data, access it, govern its use, exchange it and analyse it.

Words that are defined in this document are bolded when they first appear. You can find their meanings at the end of the document. For example, we refer to NSW Department of Customer Service in these Terms of Use (Terms). When we refer to you or your, we are referring to the NSW Government entities, Local Government entities, Commonwealth government entities, Industry organisations, Not-for-profit organisations, and Universities that have a User Account on the NSW Data Cloud platform.

1. Acceptance of these Terms

By accepting these Terms, you acknowledge that you are entering into a legally binding agreement. The individual who accepts these Terms on your behalf assures us that they have the necessary authority to commit your organisation, business, or entity to these Terms.
If you are a non-corporate NSW Government entity (as defined by the Government Sector Employment Act 2013 (NSW)) we acknowledge these Terms are not legally binding. Nevertheless, you agree you will comply with these Terms as though accepting a Memorandum of Understanding (MOU).

2. Requirements to get on the NSW Data Cloud

If you want to use the NSW Data Cloud you must register an account using your full name, contact details, role, and organisation.
On first access, Users will be registered an account on the NSW Data Cloud. Access will be authenticated by Okta.
Once registers, users must be onboarded by the Data Analytics Centre before using NSW Data Cloud.
Access to data products may require verification of National Police Check and/or a Working with Children Check clearances.

3. User responsibilities

You agree that you will use digital services on the NSW Data Cloud responsibly, safely and appropriately in accordance with these Terms. This includes:

sharing data products that your organisation owns, is entitled to, or has permission to share
maintaining your User Account on the NSW Data Cloud so it remains accurate and up to date
understanding that the Organisation administrator role has broad permissions for managing organisational level settings
ensuring at least one person is assigned to the Organisation administrator role while the User Account is active
managing your activities to ensure they adhere to both the Data Custodian’s relevant policies and the requirements and the NSW Data Cloud’s terms, policies and requirements
identifying any misuse of Data Products or unauthorised access to the NSW Data Cloud
promptly reporting to us any suspicious or unauthorised conduct concerning your account as soon as you become aware of any such conduct
responding in a timely way to any enquiries from the NSW Data Cloud Messaging Capability relating to activities undertaken by you on the NSW Data Cloud
only using the NSW Data Cloud for its intended purpose, in a lawful way, and not interfering with our rights or the rights of any third party in relation to the NSW Data Cloud.

Users must not:

falsely represent any information provided to the NSW Data Cloud, including your authority or association with any organisation, business or entity (including us) in connection with the NSW Data Cloud
maliciously use any information provided on the NSW Data Cloud
use the NSW Data Cloud in a way that gives rise to any real, potential or perceived conflict of interest
access or attempt to access or use information on, or contained in, the NSW Data Cloud that you are not authorised to access or use
use any scripts, processes, data scraping or data mining tools on the NSW Data Cloud or modify or copy, or attempt to modify or copy, the layout of the NSW Data Cloud or any computer software and code contained in or forming part of the NSW Data Cloud
disrupt or impair the functionality of the NSW Data Cloud.

For Users that receive data requests as a data custodian, your responsibilities are to:

ensure that you regularly check your emails for notifications from the NSW Data Cloud’s messaging capability to stay informed about new data access requests or enquiries
promptly action enquiries or requests received through the NSW Data Cloud
transfer data enquiries or requests to the appropriate data custodian if you are not the correct recipient of the data enquiry or request, or to the NSW Data Analytics Centre if the correct custodian is unknown.
if a data request assigned to you involves multiple data custodians, ensure that a lead custodian and additional custodian(s) are designated in the NSW Data Cloud
remain responsible for any charges paid to third party entities. We will not be required to reimburse you for any such costs.

4. The NSW Data Cloud responsibilities to Users

We will provide identity authentication services to allow ready access to the NSW Data Cloud, subject to the provision of those services by our third-party service providers for which we have no responsibility.
We will maintain a service desk to respond to your enquiries and provide:

service desk support for general enquiries relating to the NSW Data Cloud platform and services offered
technical support to troubleshoot issues that your service desk is unable to resolve
back-end infrastructure support, during ordinary business hours (9:00 am to 5:00 pm AEST) on days when our Sydney office is open for business.

We will provide online guidance material, which should be used to facilitate your activity on the NSW Data Cloud.

We will use best endeavours to inform you about significant changes to the NSW Data Cloud that may impact the delivery of data sharing services.

5. The NSW Data Cloud information use

We collect, use, store and disclose information from and contained in the NSW Data Cloud:

in a manner consistent with our Privacy policy and collection notice
for the purposes of public reporting, on an aggregate basis, concerning the activity undertaken by Users in the NSW Data Cloud

We may routinely log, monitor and analyse your use of the NSW Data Cloud for any attempted or actual misuse of the NSW Data Cloud.

6. Confidentiality

You must use confidential information only for the purpose(s) specified and not disclose confidential information without prior, written consent. You must protect confidential information from unauthorised use and disclosure.
You may disclose confidential information:

when compelled to do so by law or an authorised government agency, if you give us reasonable prior notice, unless a court orders that we are not to receive such notice
if you are a government entity, to comply with government, parliamentary or ministerial reporting requirements
if you are a listed company, to comply with any stock exchange rules, if you give us reasonable prior notice.

7. Government Information (Public Access) Act and State Records Act Compliance

You agree that you are responsible for ensuring compliance with the Government Information (Public Access) Act 2009 (NSW) and the State Records Act 1998 No 17 (NSW) in respect of any material that you, or an individual who holds a User account, stores on the NSW Data Cloud.

8. Intellectual Property Rights

All intellectual property contained, comprised in, or derived from the NSW Data Cloud, including copyright comprised in the NSW Data Cloud, is owned by us or another third-party owner.
All logos, icons, brand names or service names that identify us are owned by, and remain the property of, the NSW Government. All other trademarks or service marks on the NSW Data Cloud are the property of their respective owners.

By using the NSW Data Cloud, you acknowledge that the rights to data products (including insights) accessible on the NSW Data Cloud remain with the Data Product Owner.

You must not make any unauthorised use of any material that is accessible on the NSW Data Cloud (and you must not breach the intellectual property rights existing in respect of that material). If you do so, you may become liable for a breach of the intellectual property rights of NSW Government agencies or third parties.

You grant to us an irrevocable, non-exclusive, licence-fee free and worldwide licence (including a right to sublicense) to use, reproduce, adapt and modify your material in order to improve your products and services under these Terms.

9. Liability and Warranty

The NSW Data Cloud services are delivered with ‘best endeavours’, ‘as is’ and without charge. We will make efforts to rectify issues in a timely manner once identified and as required to deliver the NSW Data Cloud services, but do not warrant or guarantee that:

the NSW Data Cloud, or its servers, are or will remain available or free of software viruses
any software contained on the NSW Data Cloud, or the functions provided by that software, will operate in an uninterrupted or error-free environment
any errors and defects in the NSW Data Cloud will be corrected
information contained within, or linked to the NSW Data Cloud is correct or reliable.

You agree that you will take adequate precautions to protect your systems against any risks associated with accessing the NSW Data Cloud.

We will not be liable to you (whether in contract, tort, equity, statute or otherwise) for any loss or damage (including special, indirect, consequential, or exemplary damages) that you suffer as a result of, or in connection with, your use of the NSW Data Cloud.

You indemnify us and hold us harmless from and against (that means you must meet our costs and expenses, including legal costs on a full indemnity basis, arising from) any loss, damage, cost, expense, claim, proceeding or liability of any kind that we may incur or that may be brought by any person against us, that arises directly or indirectly from:

your breach of these Terms
a breach of applicable terms by an individual who holds a User Account
your use of, and activities in connection with, the NSW Data Cloud and those of any individual who holds a User Account.

If you are a non-corporate NSW Government entity (as defined by the Government Sector Employment Act 2013 (NSW)) the indemnities contained in this clause do not apply.

10. Suspension and termination of the NSW Data Cloud access

We may immediately terminate or suspend User access to, or use of, the NSW Data Cloud at any time. If your NSW Data Cloud access is suspended or terminated:

you are obligated to abide by these Terms during the suspension period
we are not required to provide you access to the NSW Data Cloud or its services
we are not responsible for missed opportunities or losses due to your inability to access the NSW Data Cloud.

11. Disabling or cancelling accounts

You may contact us and request that we cancel or disable your access as a User. Users may cancel or disable their User Account at any time.

12. Machinery of Government

We may assign, novate or transfer these Terms to another NSW Government agency as a result of a machinery of government change or for any other reason.

13. Changes to these Terms

These Terms may be updated at any time, and it is the User’s responsibility to remain up to date with these Terms. We may also issue notices, policies or other types of instructions to update these Terms.

14. Applicable law

These Terms are governed by the laws of New South Wales. You agree to submit to the non-exclusive jurisdiction of the courts of New South Wales.

15. Terminology

In these Terms, the following words and expressions have the meanings set out below.

Restricted information means information on, or contained in, the NSW Data Cloud that is either marked as ‘Restricted’ or that a reasonable person would assume to be confidential or proprietary given the terms of its disclosure.

Conflict of interest means any matter, circumstance, interest or activity that may or may appear to impair the ability of you to act diligently and independently, including due to any conflict between your obligations to your organisation, to another person (such as another User) or your personal interests.

Data Custodian is a person that has the authority to make decisions about sharing requested data product(s).

Data Products are operational and analytical data and data insights that are available for specific use-cases.

Data Product Owner has the same meaning as Data Custodian.

Data Requestor is a person requesting the data product(s) from the NSW Data Cloud.

NSW Data Cloud means the platform and associated services that you can access through your account.

NSW Government entity has the meaning as ‘Government agency’ given in the Government Sector Employment Act 2013 (NSW)).

Organisation administrator means the person nominated, to manage organisation level settings in respect to their organisation’s NSW Data Cloud User Account.

Privacy policy and collection notice means the statement found at the associated link as updated from time to time.

Terms means these Terms of Use.

User means an individual who is granted an account and authorised to access and use the NSW Data Cloud platform.

User Account means the account a user registers with the NSW Data Cloud.

‘‘We’, our or ‘us’ refers to the NSW Data Analytics Centre which is in the NSW Department of Customer Service.
‘You’ or ‘your’ refers to NSW Government entities, Local Government entities, Commonwealth government entities, Industry organisations, Not-for-profit organisations, and Universities who accepts these Terms.

The NSW Data Cloud Terms of Use – Individual

The NSW Data Cloud is a whole of NSW government platform, managed by the NSW Data Analytics Centre (DAC) on behalf of the NSW Government. The NSW Data Analytics Centre is a part of the NSW Department of Customer Service (DCS).

Words that are defined in this document are bolded when they first appear. You can find their meanings at the end of the document. For example, we refers to NSW Data Cloud NSW Data Analytics Centre in the NSW Department of Customer Service in these Terms of Use (Terms). When we refer to you or your, we are referring to you, as the individual accepting these Terms.

1. Agreeing to these Terms of Use

By having a NSW Data Cloud account, you agree to be bound by these Terms. Importantly, this means making sure you know and comply with your responsibilities.

2. Your responsibilities

You agree that you will only access and use the NSW Data Cloud in a professional capacity and for purposes related to your organisation.
You agree that you will use digital services on the NSW Data Cloud responsibly, safely and appropriately in accordance with these Terms. This includes:

maintaining your User Account on the NSW Data Cloud so it remains accurate and up to date
managing your activities to ensure they adhere to both the Data Custodian’s relevant policies and requirements and the NSW Data Cloud’s terms, policies and requirements
identifying any misuse of Data Products or unauthorised access to the NSW Data Cloud
promptly reporting to us any suspicious or unauthorised conduct concerning your account as soon as you become aware of any such conduct
responding in a timely way to any enquiries from the NSW Data Cloud messaging capability relating to activities undertaken by you on the NSW Data Cloud
only using the NSW Data Cloud for its intended purpose, in a lawful way, and not interfering with our rights or the rights of any third party in relation to the NSW Data Cloud.

You must not:

use your account or any information accessed via the NSW Data Cloud, to participate in any illegal or fraudulent activity
act in a way that is, or can be viewed as, a conflict of interest
disclose your password to others
access another individual’s NSW Data Cloud account
cause disruption or impair the functionality of the NSW Data Cloud platform
use any software, such as bots or scraper tools, to access, monitor or copy the NSW Data Cloud or its contents, unless we have given you written permission
make unauthorised use of material on the NSW Data Cloud, or breach any intellectual property rights of that material.

3. Privacy

By accessing the NSW Data Cloud, you agree to the NSW Data Cloud’s collection, use and disclosure of your personal information as set out in the Privacy policy and collection notice.

You should be aware that we monitor the use of the NSW Data Cloud. We monitor for a range of purposes, including to help detect when the NSW Data Cloud may be being misused.

4. Confidentiality

You must use confidential information only for the purpose(s) specified and not disclose confidential information without prior written consent. You must protect confidential information from unauthorised use and disclosure.

You may disclose confidential information when compelled to do so by law, or authorised government agency, if you give us reasonable prior notice, unless a court orders that notice does not need to be given.

5. Suspension and termination of the NSW Data Cloud access

We may suspend or terminate your access to the NSW Data Cloud at any time. We may do this, for example to protect the security and functionality of the NSW Data Cloud services.

If you do not comply with your responsibilities, we may also suspend or terminate your access to the NSW Data Cloud platform.

If your NSW Data Cloud access is suspended or terminated, you must continue to abide by these Terms during the suspension period.

If your NSW Data Cloud access is suspended or terminated, we are not required to provide you access to NSW Data Cloud services and we are not responsible for missed opportunities or losses due to your inability to access the NSW Data Cloud.

6. Liability and Warranty

is or will remain free of software viruses
will operate uninterrupted
is or will remain error free, and that any errors and/or defects will be corrected
information contained within or linked to the NSW Data Cloud is correct or reliable.

You agree to take adequate precautions to protect your systems against risks associated with accessing the NSW Data Cloud. We will not be liable to you for any loss or damage that you suffer as a result of, or in connection with, your use of the NSW Data Cloud.

7. Changes to Terms

The Terms may change from time to time, and it is your responsibility as a User of the NSW Data Cloud to be aware of the new Terms.

8. Applicable law

The laws of New South Wales, Australia (NSW) apply to these Terms.

9. Terminology

In these Terms, the words and expressions have the meanings set out below.

Conflict of interest means any matter, circumstance, interest or activity that may or may appear to impair the ability of you to act diligently and independently, including due to any conflict between your obligations to your organisation and your obligations to another person (such as another user or organisation) or your personal interests.

Confidential information means information on, or contained in, the NSW Data Cloud that is either marked as “Restricted” or that a reasonable person would assume to be confidential or proprietary given the terms of its disclosure, but does not include information that:

you independently developed
was rightfully given to you by a third party without any confidentiality obligation
or becomes public through no fault of your own.

NSW Data Cloud means the platform that you can access through your account.

Privacy policy and collection notice means the statement found at the associated link as updated from time to time.

Terms means these Terms of Use.

User means an individual who is granted an account to access or use the NSW Data Cloud.

‘We’, our or ‘us’ refers to the NSW Government represented by the NSW Data Analytics Centre, which is in the Department of Customer Service.

‘You’ or ‘your’ refers to you, as the individual accepting these Terms.

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