Terms of Service

Introduction 

By accessing or using the SharkSmart WA application (“Application”) you agree to be bound by these Terms of Service.

These Terms of Service may be amended without notice and will be effective as soon as any amendments are made.

You acknowledge that the information within the Application is designed to help you make an informed decision about your water use and take personal responsibility for your safety. Not all sightings are reported, and not all sharks are tagged or able to be detected by our Shark Monitoring Network. Changes in circumstances after the time of publication of information may impact the accuracy of that information. 

Disclaimer

The Western Australian Government is committed to quality service and seeks to ensure accuracy, currency and reliability of information and transactions provided over the Internet, but this cannot be guaranteed. Accordingly, to the fullest extent permitted by law, the State of Western Australia and its officers and employees expressly disclaim and are released from any liability (including in respect of negligence) arising from any loss, damage, personal injury, cost or expense caused by the use of, or reliance on, the Application and the information contained in it.

The Western Australian Government has no control over the content of material accessible on any website not within its ownership or control, regardless of whether a link to that external website is provided on this Application. It is your responsibility to make your own decisions about the suitability, relevance, accuracy, currency, reliability and privacy practices of any external websites or service provider.

The Western Australian Government is not liable for any interference with or damage to your computer systems arising out of your use of this Application or an external site including, but not limited to, the transmission of any computer virus or malware.

The Western Australian Government accepts no liability if this Application is temporarily or permanently unavailable.

External sources of information 

This Application displays information provided by the following external organisations:

• WillyWeather (AU) Pty Ltd (WillyWeather.com.au)
• Bureau of Meteorology (bom.gov.au)
• Surf Life Saving Western Australia (mybeach.com.au).

The accuracy and reliability of the information provided is subject to the external organisation. The Western Australian Government is not liable for, or subject to, the privacy policies or practices of external organisations.

Provision of your closest coastal feature or Beach Emergency Numbers (BEN) signage information

The availability and accuracy of coastal feature or BEN signage information is subject to limitations arising due to reception and reliability of signals, the relevant mobile device, location and geography. This information is provided as a guide only and location advice cannot be guaranteed. 

Copyright

Unless otherwise stated, copyright in all materials in this Application is the property of the State of Western Australia. In addition to any fair dealings permitted under the Copyright Act 1968 (Cth), material on this Application may be reproduced for research, study, private non-commercial use, provided that the State of Western Australia is acknowledged as the copyright owner and the material is not altered.

Privacy

The Western Australian Government is not responsible for the content, policy or practices of external websites or service providers, and which are linked to this Application. Links to external websites do not constitute sponsorship, endorsement or approval by the Western Australian Government of the content, policies or practices of those external websites or website providers. When you follow a link from this Application to another website, we recommend you read and consider the privacy statement and terms of use of that website. 

Collection and use of application data

When using this application, the following information is recorded for statistical purposes and is used by the Western Australian Government to help improve this application.

• Time of use of the application
• Duration of use of the application
• Your device type, model and operating system
• Your location 
• Your interaction within different screens and individual visual elements (e.g. icons and buttons) within the application.

By using this device, you consent to the collection of information evaluating your use of, and activity within, the application, for the purpose of measuring the functionality of the application, and patterns of usage, with regard to prospective software upgrades.

Collection of personal information

You can browse the general content of the Application anonymously, without disclosing your personal information. However, some functionality on this Application may require you to provide personal information. For example: where you wish to make an enquiry or report a sighting, to the Western Australian Police (or Water Police). We only collect personal information when it is knowingly and voluntarily provided by you.

The retention and destruction of records of personal information held by the Western Australian Government is governed by legislation, including the State Records Act 2000.

Use and disclosure of personal information

Any personal information we collect may be used or disclosed for the primary purpose for which it was collected. We will only use that information to communicate with you in the way indicated.

The Western Australian Government will not disclose or publish information that identifies individual mobile devices, or potentially identifies sub-groupings of addresses, without consent.

In some limited circumstances, we may need to use or disclose personal information for other specific purposes. For example, where required to do so by law, such as pursuant to the Freedom of Information Act 1992 (WA), in response to a subpoena, or for enforcement purposes.

The Western Australian Government will collect, use and disclose other information than as stated above in the following circumstances:

• unauthorised attempts to access files which are not publicly available,
• communications which are defamatory, abusive, vilify individuals or groups or which give rise to a suspicion that an offence is being committed, 
• attempts to otherwise compromise the security of the webserver, breach the laws of the State of Western Australia or Commonwealth of Australia, or interfere with the use of the application by other users and
• attempts to alter, deface or otherwise tamper in any way with the service (Application) or assisting another to do so. 

The Western Australian Government reserves the right to make disclosures to relevant authorities in the case of suspicion that an offence is being, or has been, committed. In the event of an investigation, the Western Australian Government will provide access to data to any law enforcement agency that may inspect that data pursuant to a warrant.

The Western Australian Government may initiate proceedings in relation to any loss or damage suffered as a result of unauthorised use of information or with regard to any of the above circumstances.

Contact us

If you have any questions relating to the Terms of Service, please contact enquiries@dpird.wa.gov.au