ESL Application Privacy
1. Acceptance of terms
The following Terms apply to users of the Ministry of Education's Education Sector Logon (ESL) service. By using the ESL you agree to these Terms.
2. Our commitments to you
- provide the ESL to you with reasonable care and skill;
- make all reasonable efforts to ensure the ESL does everything we say it will.
However, given the nature of internet and telecommunications products and services (including our reliance on systems and services that we do not own or control), we cannot promise that the ESL will be continuous or fault free, however, we will always try to restore any ESL outage as soon as we reasonably can. As such, you understand that we cannot guarantee the timeliness, deletion, delivery or storage of any user communication or personalised settings provided by the ESL.
Your privacy is important to us. We outline below what personal data we hold about you and how we use it and share it. You may at any time ask us what information we hold about you and ask us to correct any errors.
When we provide the ESL to you we hold data such as information about your usage and login timestamp information (“Usage Information”). We also hold other information about you: your first, middle and last name, email address, phone number, date of birth, gender, security questions/answers, and system configuration preferences (“User Information”).
- We respect your confidentiality and use your Usage Information to provide you with your ESL activity, and for security and troubleshooting purposes. To be able to provide ESL to you we share Usage Information with our authorised service providers. We use non-identifying usage information to inform ongoing system functionality.
- We use User Information in order to provide you the ESL, and to improve and personalise your experiences. We may also use User Information to communicate with you, for example, informing you about the ESL, security updates and other ESL information. We may also share your User Information with our authorised service providers to provide the ESL; to agencies whose applications you access through the ESL; with any other person in connection with ESL security purposes.
- We safeguard your User Information in accordance with the Privacy Act 2020.
If you believe anyone is violating any of our Terms please notify us immediately by calling the Education Service Desk
Freephone: 0800 422 599 (NZ Only)
3. Our disclaimers relating to ESL
Availability of ESL
The configuration of your computer, device, systems server or other communication equipment ("Systems") you use to receive the ESL may affect, not only your use of the ESL, but our ability to provide the ESL to you.
The ESL will only be delivered to your relevant Systems when you have the required connection to receive the ESL and will be subject to any service availability limitations and any functionality limitations of your Systems.
The Ministry of Education does not and cannot supervise, edit or control the way in which you or other end users use the content, information or other material (“Content”) accessed through the ESL we provide to you. As a result, you are responsible for the Content accessed or provided by means of the ESL including any Content you submit, upload, download, or otherwise transmit, access or make available through the use of the ESL.
4. Your responsibilities to us
You agree to not use the ESL to:
- upload, download, alter or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, defamatory, interferes with another person's privacy, or is racially, sexually or ethnically objectionable;
- upload, download, alter or otherwise transmit any Content that you do not have the right to transmit or that infringes any patent, trademark, copyright or proprietary rights;
- transmit any Content that contains software viruses or any other computer code that is designed to interrupt or destroy the functionality of any computer software or hardware;
- stalk or harass another person;
- send “junk mail”, “spam” or similar forms of solicitation.
Looking after your account, password and security
You are responsible for taking appropriate steps to maintain the confidentiality and security of your user name, login, password and other personal identifier used by or allocated to you in connection with the ESL. You agree to our password requirements (which may change to meet security practices), and to change your password at any time upon request by us. If you become aware of any unauthorised use or other breach of security of the ESL you agree to notify us immediately. You must not share an ESL account. Sharing is considered unauthorised use and is a breach of privacy. You agree that when we are made aware of any failure to protect your account, we will investigate and disable the account.
We will not be liable for any loss that you may incur as a result of someone else using your ESL or any personal identifier, provided that such loss was not caused by our negligence. However, you could be held liable for losses incurred by the Ministry of Education or our suppliers or another party due to someone else using your ESL or any personal identifier, provided that such loss has not been caused by our negligence.
You are responsible for providing your organisations authoriser – and the Education Service Desk, if requested – with the most up to date, accurate and official Evidence of Identity documentation according to the Department of Internal Affairs Information Assurance Standard .
Your Email Address
You are responsible for using an email address against your ESL account where only you have access to the mailbox. A generic e-mail should not be used.
Generic email addresses are most often used for a shared inbox and can therefore be accessible to those other than the account holder. Using a generic email address where others have access to the mailbox is a breach of your account privacy.
The following terms are considered "generic":
If you are accessing the ESL as a delegated authoriser you agree to only access the delegated authorisation functionality for the purposes of fulfilling your delegated role. You acknowledge that in performing this role you will have access to personal information and agree to only use that information for the purpose of fulfilling your delegated authoriser role, and understand your obligations under the Privacy Act 2020 in collecting and accessing this information.
5. Changing these terms
We may change these Terms by changing or removing existing terms or by adding new ones at any time. Changes may take the form of completely new Terms. We will do our best to inform you of any changes in advance. If you consider that the change has a negative impact on your use of the ESL you can exercise your right to terminate your ESL account.
6. Changing, withholding, restricting, replacing or terminating ESL
Despite our best efforts, in some cases it may be necessary for us to change, withhold, restrict, replace or terminate the ESL. For example: if our systems or the network are being maintained or otherwise worked on, unavailable or must be protected; to manage network capacity or access to network services; to improve functionality of the ESL; or for any other reason we think is reasonably necessary to do so including stopping the ESL.
7. Applications terms
When using the ESL you agree to use and access the applications accessed through the ESL in accordance with the terms of those applications, and only to submit, upload, download, alter or otherwise transmit material that is permitted in accordance with those terms.
You acknowledge that we reserve the right to suspend or terminate your ESL account
- if we consider you have breached any of these Terms,
- are instructed to do so by your delegated authoriser,
- if there is unusual activity by your account impacting the ESL service
- or if your account has been "inactive" for a period. "Inactive" means that you have not used the ESL for 12 months or more.