CHIA NSW DATA COLLECTION TERMS AND CONDITIONS
Version 1.5, Effective Date: 3 March 2026
These CHIA NSW Data Collection Activities Terms and Conditions (Terms and Conditions) apply to all forms of data collection conducted by or on behalf of NSW Federation of Housing Associations Inc, trading as Community Housing Industry Association NSW ABN 86 488 945 663 (CHIA NSW), including but not limited to:
- The CFO Benchmarking Survey;
- The Salary Benchmarking Survey;
- The National Development Survey;
- The Tenant Satisfaction Survey;
- The Employee Workforce Survey;
- The Organisation Workforce Survey; and
- Any other surveys, questionnaires, interviews, focus groups, feedback forms, research studies, and any other method of obtaining information, opinions, or responses from you.
- (collectively, referred to as the Activities).
In these Terms and Conditions you refers to the individual or organisation participating in the Activities.
By accessing the Activities you agree to these Terms and Conditions. If you do not agree to these Terms and Conditions you must not use or access the Activities.
We may update these Terms and Conditions from time to time. Any updated versions of these Terms and Conditions will be published on our website and will be effective from the date of publishing. For each specific Activity that you participate in (including by responding to a survey or from your use of or access to any survey responses or reports), the version of these Terms and Conditions which were then current at the time you first used or accessed the Activity apply.
1. Participation is voluntary
Your participation in the Activities is voluntary. You may skip questions you do not wish to answer.
You agree that you are not entitled to any compensation for your participation in the Activities.
2. Privacy
We may in the course of conducting the Activities collect personal information from you. This personal information may be about you and/or about other individuals associated with your organisation (as applicable).
Both CHIA NSW and you agree to comply with all applicable privacy and data protection laws and regulations in relation to the access, collection, use, storage, processing, disclosure and destruction of any personal information received, collected or processed through the Activities.
If you provide us with personal information about another individual, you are solely responsible for obtaining all necessary consents from each such individual for our benefit and providing all notices to each such individual required to permit us to collect, use and disclose personal information as contemplated by these Terms and Conditions.
For further information, please refer to our Privacy Policy (which can be found on our website at: https://communityhousing.org.au/privacy-policy/) and the following data collection notices for specific Activities, which are attached to these Terms and Conditions:
(a) Schedule 1: Organisation Workforce Survey Collection Notice;
(b) Schedule 2: Tenant Satisfaction Survey Collection Notice;
(c) Schedule 3: National Development Survey Collection Notice and Supplementary Terms;
(d) Schedule 4: CFO Benchmarking Survey Collection Notice; and
(e) Schedule 5: Salary Benchmarking Survey Collection Notice.
3. Intellectual property rights
You hereby grant CHIA NSW a perpetual, non-exclusive, worldwide, sublicensable, transferrable, irrevocable and royalty-free licence to use, reproduce, access, store, copy, communicate, distribute, disclose, edit, modify, adapt and exercise all other intellectual property rights in your responses to the Activities you provide to CHIA NSW (which may include your confidential information and/or your personal information) (Your Data) for the following purposes:
(a) administering the Activities in respect of which you provided Your Data;
(b) using Your Data for research, development, improvement and commercial purposes;
(c) disclosing Your Data in de-identified or aggregated form to third parties and/or the public for research, development, improvement and commercial purposes;
(d) operating CHIA NSW’s business and provide services to customers (including to maintain the online benchmarking platform(s) operated by CHIA NSW);
(e) developing, maintaining, distributing, publishing, communicating, commercialising and exercising all other intellectual property rights in Your Data in de-identified or aggregated form;
(f) disclosing Your Data to any staff, contractor, advisor or third party to permit them to assist CHIA NSW do any of the above things;
(g) if Your Data has been collected in respect of a specific Activity, for the purposes set out in our data collection notice for that specific Activity (if any); and
(h) for any other purposes set out in our Privacy Policy.
You must maintain all necessary licences, consents and permissions necessary to provide Your Data to CHIA NSW and to allow CHIA NSW to collect, use, reproduce, modify, aggregate and disclose Your Data in the manner contemplated in these Terms and Conditions.
Subject to the rights expressly granted under these Terms and Conditions:
(a) CHIA NSW reserves its rights, title and interest in all data derived from Your Data (including de-identified and/or aggregated versions of Your Data) and all intellectual property rights owned or licenced to CHIA NSW before the date you agreed to these Terms and Conditions; and
(b) you reserve your rights, title and interest in Your Data and all intellectual property rights owned or licenced to you before the date you agreed to these Terms and Conditions.
Nothing in these Terms and Conditions:
(a) restrict CHIA NSW’s rights in any aggregated data or anonymised data; or
(b) grant you any licence, right, title or interest in any of CHIA NSW’s intellectual property rights.
4. Confidentiality
Each party may be given access to the confidential information of the other party (which may include confidential information of that party’s customers, suppliers, staff, household members and relatives) in the course of conducting the Activities.
Each party must hold the other’s confidential information in confidence and, unless required by law, may not make the other’s confidential information available to any third party, or use the other’s confidential information for any purpose other than for the purposes of conducting the Activities or in accordance with these Terms and Conditions.
5. Data handling and security
CHIA NSW agrees to:
(a) collect, use and disclose Your Data in accordance with our Privacy Policy and data collection notices (as updated from time to time);
(b) host Your Data within Australia, including with the assistance of CHIA NSW’s hosting partners, and be responsible for the actions of our hosting partners to the extent that those actions are directly related to the Activities;
(c) not disclose Your Data outside of Australia (other than on the limited basis set out in our Tenant Satisfaction Survey Collection Notice, if you are participating in the Tenant Satisfaction Survey), without your written consent;
(d) implement appropriate physical, technical and administrative measures designed to prevent any unauthorised loss or, access to, or disclosure of Your Data; and
(e) if CHIA NSW becomes aware of an ‘eligible data breach’ (as that term is defined under the Privacy Act 1988 (Cth)) in relation to your personal information, we will:
(i) promptly inform you of the eligible data breach and the circumstances of the eligible data breach and provide regular updates to you; and
(ii) take measures designed to mitigate the risk of serious harm to affected individuals, contain the eligible data breach and prevent a recurrent of such eligible data breach.
6. Cookies
Cookies are small data files which are placed on your computers or other devices, including phones or tablets, to remember participants accesses as they browse websites, including when participants use or access the Activities online.
If you complete the Activities online, our third party service providers (who may administer the Activities for us) may use cookies to minimise the need to ask people not to do complete the Activities multiple times. They also use other cookies for security, functionality and the essential operation of services.
Please note that some cookies are used for essential operations and to ensure the accuracy and security of the Activities and their data. Changing your cookie settings may not disable any necessary cookies needed to perform essential operations.
7. Retention of data
At the conclusion of the relevant Activity:
(a) CHIA NSW will retain Your Data only to the extent CHIA NSW needs to do so for the purposes contemplated in these Terms and Conditions; and
(b) CHIA NSW will retain all de-identified and/or aggregated information created or collated from Your Data.
8. Acceptable use
You agree to use the Activities only for the purposes for which it was designed, subject to these Terms and Conditions.
CHIA NSW may use third party software to conduct the Activities. Your use of the Activities must comply with any applicable third parties’ Acceptable Use Policy including:
(a) Snap Surveys Online Survey Services Acceptable Use Policy (which is available at: https://www.snapsurveys.com/survey-software/website-terms-of-use-uk/); and
(b) any Acceptable Use Policy of any other third party engaged by CHIA NSW to conduct the Activities.
You are responsible for any breaches of applicable Acceptable Use Policy by anyone participating in the Activities with your permission or on an unauthorised basis as a result of you failing to use reasonable security precautions.
You must not use the Activities in any way that:
(a) breaches any law of Australia or any law that is applicable in Australia;
(b) infringes on the intellectual property rights of CHIA NSW or any other party;
(c) is offensive, fraudulent, misleading or deceptive;
(d) may lead to a health and safety risk;
(e) interferes with the Activities, or any user of the Activities; or
(f) may cause harm or loss to be suffered, whether directly or indirectly, by CHIA NSW.
You must not cause or permit reverse engineering, disassembly or decompilation of the Activities or the data produced, extracted or compiled from the Activities. This prohibition includes but is not limited to the review of data structures or similar materials produced from the Activities or attempting to re-identify personal information which had been de-identified or aggregated by CHIA NSW.
9. Disclaimer
You are solely responsible for accuracy, quality and lawfulness of the content that you provide to us via the Activities. We disclaim all liability with respect to any content provided to us in the Activities.
The Activities may utilise artificial intelligence (AI) technologies to assist with generating content, providing information, and supporting user interactions. By engaging with this service, you acknowledge and accept that AI may be used to process your responses.
10. Liability
Your participation in the Activities is at your own risk. CHIA NSW disclaims all liability arising out of or in connection with your participation in the Activities except for any liability which cannot lawfully be excluded.
Each party’s total aggregate liability for loss and damage arising out of or in connection with these Terms and Conditions (whether in contract, for tort (including negligence), breach of statutory duty, misrepresentation, restitution or otherwise or under any indemnity) will be limited to $5,000.
Each party is responsible for the acts and omissions of its staff, agents, officers and subcontractors as if they were acts and omissions of that party.
The above limitations and exclusions of liability do not apply to loss and damage arising out of a party’s wilful misconduct, fraud, injury or death of an individual.
11. Termination
If CHIA NSW is in material breach of these Terms and Conditions and fails to remedy such breach within 14 days of your written notice, you may by written notice immediately terminate this agreement. If this agreement is so terminated:
(a) the licence granted to CHIA NSW in respect of Your Data under clause 3 terminates (without affecting CHIA NSW’s title to the de-identified and/or aggregated information that is extracted by CHIA NSW from Your Data);
(b) CHIA NSW will immediately return or destroy Your Data, at your discretion; and
(c) you will cease to use or access the Activities.
If you are in material breach of these Terms and Conditions and fail to remedy such breach within 14 days of CHIA NSW’s written notice, CHIA NSW may by written notice immediately terminate this agreement. If this agreement is so terminated:
(a) CHIA NSW will continue to deal with Your Data in accordance with these Terms and Conditions; and
(b) you will cease to use or access the Activities.
If this agreement terminates for any reason, clauses 2, 3, 4, 5, 9, 10, 11 and 13 survive.
12. Force majeure
To the maximum extent permitted under applicable law, a party will have no liability to the other party under this agreement to the extent it is prevented from or delayed in performing its obligations under this agreement, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of CHIA NSW or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors, provided that the party relying on this clause informs the other party in writing of such an event and its expected duration.
13. General
(a) Governing law and jurisdiction
The laws of New South Wales govern these Terms and Conditions. Each party submits to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales and waives any right to claim that those courts are an inconvenient forum.
(b) Further assurance
The parties agree to do all further things and sign all further documents necessary to give full effect to this agreement.
(c) Electronic acceptance and communications
You may accept these Terms and Conditions by electronically indicating your acceptance, or by using or accessing the Activities. The parties consent to the use of electronic communications as a means of communicating about these Terms and Conditions.
(d) Notices
A notice by a party under this agreement must be in writing and delivered:
(i) for any notice to CHIA NSW, by email or by post as set out below; and
(ii) for any notice to you, any email or other address you supply to us in the course of using or accessing the Activities.
14. Contact us
If you have any questions about these Terms and Conditions, our Privacy Policy or our data collection notices, you can contact us as follows:
- By post:
NSW Federation of Housing Associations Inc
CHIA NSW
Suite 5, 619 Elizabeth Street,
Redfern, NSW 2016 Australia
- By email: privacy@communityhousing.org.au
- By phone: (02) 9690 2447
