Thank you for reading our Terms of Use. By accessing OFC Learn, you agree that you have read, understood and agree to these Terms of Use which incorporates our Acceptable Use Policy and our Privacy Policy. If at any time you do not agree with any of our Terms of Use, you must not use OFC Learn or any related services.
1 Our services
1.1 OFC Learn is an online platform owned and operated by Oceania Football Confederation (“OFC”, “we”, “us” and “our”). Your use of OFC Learn and related services is governed by these Terms of Use, and by accessing or using OFC Learn you, as a user, agree to be bound by the terms contained herein.1.2 OFC Learn makes available education, qualification management and support information services (“Services”), including the following:
Online courses or programs;
1.3 If you choose to use the OFC Learn you must observe the Acceptable Use Policy. Any breach of the Acceptable Use Policy may result in your OFC Learn account being suspended or terminated.
2 Access and Use of OFC Learn
2.1 You may access OFC Learn once you have registered with an account with us and we have issued you your login credentials.
2.2 You may access OFC Learn if you 16 years of age or over.
2.3 We may require you to provide us with certain information before we can complete your OFC Learn registration. Your privacy is important to us, and we are committed to respecting your privacy rights. We will always deal with your personal information in accordance with applicable privacy law and our Privacy Policy. By submitting your personal information to us, or by otherwise using OFC Learn, you consent to our collection and use of personal data as outlined in our Privacy Policy.
2.4 You must notify us if any of your information provided to us changes. You must not share your account or password with anyone and are fully responsible for all use of your account.
2.5 The use of OFC Learn is solely for your personal use and non- commercial use. With your access to OFC Learn we grant you a limited, non- exclusive, non-transferable, licence to access the online resources and content made available by us on OFC Learn. OFC may revoke your licence at any time in its sole discretion. Upon revocation, you must promptly destroy all content downloaded or otherwise obtained through the service, as well as copies of such materials.
3 Access Fee
3.1 We may charge you a fee to access OFC Learn. Additional fees may be payable for certain Services, such as online courses, webinars or video tutorials. All fees are payable by you prior to accessing OFC Learn or the corresponding Services.
3.2 Payment can be paid securely online via our payment page. OFC does not have access to your payment details.
3.3 All purchases are non-transferable and once purchased only that user will have the right to access that Service.
3.4 All fees are non-refundable, regardless of whether:3.4.1the user withdraws from the Services;
3.4.2 the user does not attend or complete the relevant purchase; or
3.4.3 the purchase is not within the user’s expectation or intended use.
3.5 Unless otherwise stated all prices are stated in New Zealand dollars and are exclusive of taxes (including goods and services taxes or similar charges in your jurisdiction). You are solely responsible for taxes payable.
4 Use of Cookies
4.1 OFC Learn may use “cookies” to help us identify you when you use our website or to help us improve your experience when using the Services. If you do not accept our cookies, some pages may not operate as intended and you may not be able to access certain information on our website.
5 Intellectual Property
5.1 We are the owner or the licensee of all intellectual property rights in respect of OFC Learn, the material published on OFC Learn or as otherwise made available you in connection with the Services. Those works are protected by copyright laws and treaties around the world. All such rights are reserved by us.
5.2 You may print off one copy of any resource that you have validly accessed and you may download permitted resources solely for your personal use.
5.3 You must not otherwise:
5.3.1 copy, reproduce, republish, or distribute any content from us (in any form), for any reason whether in public, for commercial purposes or otherwise;
5.3.2 use, reproduce, duplicate, reverse assemble, reverse engineer, modify, alter, adapt, disassemble, decompile or amend any such intellectual property rights or any of the underlying materials in any way, whether directly or indirectly; or
5.3.3 assert ownership or rights in, or exploit, sell or seek to generate profit from any of our intellectual property rights in OFC Learn or the Services.
5.4 If you print off, copy or download any information or materials in breach of these Terms of Use, your right to use OFC Learn will cease immediately and you must, at our option, return or destroy all copies of such materials.
5.5 If you load some material onto OFC Learn, you grant us a license for all intellectual property for all uses of OFC Learn.
6 Liability
6.1 You acknowledge that the content and resources provided as part of the Services may not be provided by OFC but may be from a number of third party sources. Although we make reasonable efforts to update the information on OFC Learn you understand that errors can occur, or information may change over time. OFC Learn is provided on an “as–is” and “as–available” basis and we may suspend access to OFC Learn, or close it indefinitely, at any time. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
6.2 To the extent permitted by law, and except as otherwise provided for in these Terms of Use, we make no representations, conditions or warranties of any kind with respect to OFC Learn and the Services. We make no representation as to the accuracy, completeness, or reliability of the information provided in connection with the Services and are not liable for any:
6.3.1 errors, mistakes or inaccuracies;
6.3.2 action you take, or fail to take, including where you have done so in reliance on information contained on OFC Learn or referred to by us;
6.3.3 personal injury or property damage of any kind resulting from your access or use of the Services; and
6.3.4 interruption of your use of the website or our Services.
6.4 To the fullest extent permitted by law, OFC will not be liable in contract, tort (including negligence) or otherwise to you for any direct, indirect or consequential loss or damage arising out of or in connection with the Services, including (without limitation) loss or damage you might suffer.
7 Disclaimer of Warranties
7.1 OFC Learn is provided on a “as is” and “as available” basis. We make no warranty that your use of OFC Learn will be uninterrupted, timely, secure, or error-free, or that the Services will be accurate, complete or fit for your intended purpose.
7.2 To the extent permitted by law, and except as otherwise provided for in these Terms of Use, we make no representations, conditions or warranties of any kind.
8 Indemnity
8.1 You shall indemnify, and hold harmless, OFC, its agents, affiliates, directors, officers and employees from and against any and all third party claims, liabilities, losses and expenses (including actual legal costs), arising out of or in connection with your use of OFC Learn and reliance on the Services.
9 General
9.1 These Terms of Use constitute the entire agreement between both of us with respect to your use of our Services.
9.2 Regardless of where you are in the world, these Terms of Use are governed by and to be interpreted in accordance with the laws of New Zealand. You and we agree to the non-exclusive jurisdiction of the New Zealand courts.
9.3 We may amend these Terms of Use from time to time and will notify you of any changes by posting an updated version on OFC Learn website. It is your responsibility to check periodically for any updates and your continued use of the Services following any such changes constitutes acceptance of the Terms of Use as amended. If you do not agree to any amendments to the Terms of Use, you must tell us and immediately cease all use of OFC Learn and the Services.
9.4 Any delay or failure to enforce our rights under these Terms of Use does not mean we have waived those rights.
10 OFC Learn Terms of Use
These Terms of Use are valid from 9 September 2021.
OCEANIA FOOTBALL CONFEDERATON INCORPORATED
PRIVACY POLICY
OUR PRIVACY COMMITMENT
OFC is committed to ensuring that it handles personal information following best practice and in a way that respects the privacy rights of individuals. To achieve this OFC has established an overall Privacy framework, which includes this External Privacy Policy (the Policy).
This Policy sets out OFC’s procedures for the collection, use, retention and disclosure of personal information and is intended to be a source of information for those who may provide personal information to OFC. OFC encourages you to read this Policy in depth to assist you in making informed decisions about sharing your personal information on this platform.
OFC is guided by the following privacy principles when managing personal information:
PRIVACY ACT 2020 – rights and obligations
OFC’s External Privacy Policy is informed by its obligations under the Privacy Act 2020.
OFC is bound by New Zealand privacy laws’ requirements, which regulate how OFC may collect, store, use, and disclose your personal information. Those laws also specify other requirements, such as how individuals may access, correct and delete information held about them
For the purposes of this Policy, “Personal information” is any information which directly or indirectly relates to an identifiable individual. This includes but is not limited to names and contact information, demographic information, financial information, technology information such as IP addresses and log in information etc. This External Privacy Policy sets out how we comply with our privacy obligations, including under the New Zealand Privacy Act 2020.
COLLECTION AND USE OF PERSONAL INFORMATION
OFC is a Confederation recognised by the Fédération Internationale de Football Association (FIFA). OFC is responsible for improving, promoting and regulating the game of Football in the Oceania region. To carry out its functions, OFC collects and uses personal information through different platforms.
In the course of developing the game of football, OFC hosts competitions and events, provides informational and educational services and provides interactive online platforms to foster relationships and improve the game of football and has social responsibility programmes, organisational, commercial, marketing, developmental, and disciplinary activities for football in the Oceania region and other services which are relevant to OFC’s operations.
Services our operations rely on the collection of personal information that you submit with your authority, to enable us to better provide you with our Services.
A few examples of how OFC may use your personal information include:
Where applicable, your information will also be used to allow OFC to carry out our commercial activities and provide you with the most relevant and innovative solutions, such as, but not limited to, creating online content, live streaming, merchandising.
By providing your personal information to us and using our services, you consent to our collection, storage, use and disclosure of your personal information (including any sensitive information you provide) following this External Privacy Policy.
CHANGES TO THIS EXTERNAL PRIVACY POLICY
We may amend the terms of this Policy from time to time and will notify you of any changes by posting an updated version on our website. It is your responsibility to check this External Privacy Policy periodically for changes.
Your continued use of our Services following notification of any changes to this External Privacy Policy constitutes acceptance of those changes. If you do not agree with any aspect of the updated External Privacy Policy, you must tell us and immediately cease all use of our Services.
WHAT INFORMATION DO WE COLLECT?
Information you provide to us directly: We may collect personal information directly from you when you provide any information in connection with your use of our Services. A few examples include:
Sensitive information you provide: We may collect or obtain sensitive information directly from you (for example, health information such as your vaccination records, Covid 19 test etc.).
Information we get from third parties: We collect or obtain personal information from authorised third parties (e.g., Member Associations, FIFA, recruiters, credit reference agencies, government agencies). This includes public information, references, results from former employers, eligibility checks under the OFC Governance Regulations, health information, competency tests, or background checks such as working with children risk assessments, credit and criminal record checks.
Information we collect automatically: We may automatically collect personal information about you when you visit our websites or use our Services, like your IP address and device type. Some of this information may be collected using cookies and similar tracking technologies.
Information you make public: We may collect or obtain your personal information that you manifestly choose to make public, including via online channels such as social media (e.g., LinkedIn, Facebook etc.)
You can always choose not to provide your personal information to OFC, but it may mean that we cannot provide you with the Services.
HOW IS YOUR PERSONAL INFORMATION PROCESSED?
Where we collect personal information or sensitive information, we will only process it:
OFC collects your personal information to provide you with the Services and any related services you may request and the operations of OFC. In doing so, OFC may use the personal information we have collected from you for purposes related to the Services, including:
By using the Services, you consent to your personal information and sensitive information being collected, stored, used and disclosed in this way and for any other use, you authorise. OFC will only use your personal information for purposes described in this External Privacy Policy or with your consent.
IN WHAT VERY LIMITED CIRCUMSTANCES MIGHT WE DISCLOSE YOUR PERSONAL INFORMATION?
Your personal information will not be sold, traded, rented, or otherwise provided to others without your consent. We will only disclose your personal information outside OFC and our Member Associations, related Committees, Judicial Bodies, and affiliates if it is necessary and appropriate to facilitate the purpose for which your personal information was collected pursuant to this External Privacy Policy, including the provision of the Services, or a directly related purpose. This may include, for example, disclosure of personal information:
We will not otherwise disclose your personal information unless we believe on reasonable grounds that you have provided your authorisation. However, you should be aware that we may be required to disclose your personal information without your consent in order to comply with any court orders, subpoenas or other legal process or investigation, including by tax authorities, if such disclosure is required by law. We may disclose your personal information if we consider it necessary to reduce a serious threat to an individual’s life or health or the health or safety of the general public. Where possible and appropriate, we will notify you if we are required by law to disclose your personal information.
INTERNATIONAL DATA TRANSFERS
In connection with providing the Services, you accept that your personal information may be disclosed to recipients in, or transferred to, or processed in, countries other than New Zealand. We may provide your personal information to third parties in countries other than New Zealand if we have reasonable grounds to believe the recipient is required to protect your personal information and will be protected in a way that, overall, provides comparable safeguards to those required by New Zealand’s privacy laws.
If you are not based in New Zealand, you authorise us, in connection with providing the Services, to disclose your personal information to recipients based in the same country as you (or OFC Judicial Bodies, OFC Eligibility Committee, your Member Association or football club) even if applicable law may not provide comparable safeguards to those required by New Zealand’s privacy laws. We will not otherwise disclose your personal information to recipients in other countries without your authorisation.
STORAGE AND SECURITY
We are committed to protecting your personal information security, and we take all reasonable precautions to protect it from unauthorised access, modification, or disclosure.
OFC implements and maintains organisational and technical security measures designed to provide reasonable protection against the loss, interference, or misuse of your personal information, and prevent unauthorised access, modification, or disclosure of that information.
WHAT ABOUT LINKS TO OTHER WEBSITES?
Our website may contain links to other websites that are not under our control. These websites may use cookies. It is the responsibility of those third parties to collect appropriate consents from you to permit their own cookies (to the extent this is required by law) and inform you about the cookies they use. You should check the privacy policy on all third-party websites to ensure you are comfortable with third-party cookies.
We have no responsibility for linked websites and provide them solely for your information and convenience. We specifically disclaim responsibility for their content, privacy practices and terms of use, and we make no endorsements, representations or warranties about their accuracy, content, or thoroughness. Your disclosure of personal information to third party websites is at your own risk.
EMAIL, TEXT AND TELEPHONE COMMUNICATIONS
We are committed to full compliance with the Unsolicited Electronic Messages Act 2007.
By subscribing to emails and/or text communications, or otherwise providing your email address and/or mobile number, you consent to receive emails and/or texts (as the case may be) that promote our services and competitions, or the products and services of others, from time to time.
You can unsubscribe from our email communications and/or text communications at any time by clicking the “Unsubscribe” link in any promotional or marketing email or text received or by emailing privacy@oceaniafootball.com.
Once you have unsubscribed from the email or text communications, you will be removed from the corresponding marketing list as soon as is reasonably practicable.
HOW YOU CAN ACCESS OR CORRECT YOUR PERSONAL INFORMATION
It is your responsibility to ensure that the personal information you provide is accurate, complete, and up to date.
You may request access to the information we hold about you, or request that we update or correct any personal information we hold about you, or ask us to restrict or cease processing your personal information or even delete your personal information by setting out your request in writing and sending it to us atprivacy@oceaniafootball.com.
We will review your request as soon as reasonably practicable to comply with our legal obligations. If we are unable to give you access to the information you have requested, we will give you reasons for this decision when we respond to your request.
RETENTION
Your personal information will be securely stored by OFC on its servers or with our database management services providers. The length of time we keep your personal information depends on what it is and whether we have an ongoing operational need to retain it (for example, to provide you with a service you have requested or to comply with applicable legal requirements such as money laundering and financial reporting legislation).
We will retain your personal information for as long as necessary to fulfil the purposes for which it was collected and to comply with our legal obligations.
If you would like to know more about where and how long your personal information is stored and for more information on your rights of deletion and portability, please contact our Privacy Officer at privacy@oceaniafootball.com.
Your Privacy Rights
OFC recognises an individual’s rights over their personal information. You have the right to request more information about what information we collect and process about you and request a copy of it. We take your concerns seriously.
If you have any concerns about privacy or the use or collection of your personal information by OFC, please contact our Privacy Officer at privacy@oceaniafootball.com or call us on +64 (0)9 5314096 and ask to speak to the Privacy Officer.
We will respond as quickly as possible (our target response is 20 days) and handle all complaints fairly and consistently. However, if you remain dissatisfied, you can make a formal complaint with the Office of the Privacy Commissioner.
LANGUAGES
This Policy exists in the two official languages of OFC (English and French). In the event of any discrepancy between the two texts, the English version shall be authoritative
APPROVAL
The OFC Executive Committee approved this Policy on 15 October 2021, and it comes into force immediately.