Observatory Terms of Service

The Observatory Terms of Service outlines the subscription arrangement between the Digital Transformation Agency (DTA) and a Commonwealth entity (entity) for the provision of the Observatory and Google Analytics Services. They are not legally binding.

Overview

The Commonwealth, represented by the Digital Transformation Agency (DTA), has an agreement with one of Google's Licencing Sales Partners, Jellyfish (previously Data Runs Deep Pty Ltd) (Sales Partner), for licensing and limited complex Google Analytics support.

The DTA is the administrator of the Observatory Subscription Service providing whole-of-government Google Analytics services.

Who can subscribe?

Any Commonwealth entity can subscribe to the Observatory Subscription Service (Subscription Service).

At this stage, the Subscription Service is not open to State, Territory or local government bodies.

How to subscribe?

To subscribe to the Observatory Subscription Service, complete the Observatory Subscription Form.

The DTA will review subscription requests and advise of the outcome within five (5) business days.

How does onboarding work?

If Observatory Subscription request is approved, you will need to appoint a representative to liaise with the DTA to:

manage payment of subscription fees and ongoing costs
undertake a Threshold and Privacy Impact Assessment in collaboration with the DTA
set up administrator and user accounts in Google Analytics
onboard within Google Analytics, including upgrading properties
onboard your Google Analytics account to the data analysis environment
setup, configure and link accounts, properties and website tracking
enable Read and Analyse permissions for 'DTA - Administrators' group to the subscribed analytics properties
enable IP masking on your analytics properties (for de-identifying PII adhering to privacy policy).

It is the entity’s responsibility to provide the representatives name, contact number and email address to the DTA in writing to observatory@dta.gov.au and advise of any changes throughout the service period.

If you require additional support to setup and configure Google Analytics accounts and properties, please contact observatory@dta.gov.au so we can discuss your options.

What are the terms of the subscription service?

Google owns the intellectual property of Google Analytics and related services.

This means that in addition to these Observatory Terms of Service, entities are subject to the Google Analytics Terms of Service and Google Cloud Platform Terms of Service.

It is important that you have read and clearly understand these Terms of Service, including data storage in the United States of America, before subscribing and the relevant terms of service for each product that may be used:

If at any time and entity fails to comply with the Terms of Service, Google or the DTA may terminate the Subscription Service.

It is recommended that where possible Australia is selected as the data storage location and that settings are disabled so that Google cannot use data analytics for its products and services, benchmarking and technical support services.

Users can opt out of Google Analytics by disabling cookies or JavaScript or using the opt out service provided by Google.

Entities should be transparent about website tracking using Google Analytics and the information collected and how it is used, in a Privacy Notice published on entity websites.

What service levels apply?

Google Analytics and Google Cloud Services is provided by Google who will use commercially reasonable efforts to ensure that service levels are met.

If you experience any issues when using Google Analytics, please contact observatory@dta.gov.au.

What is the subscription period?

The subscription period runs for a calendar year from 1 January (start date) to 31 December (end date).

An entity may elect to renew or cancel their subscription by providing notice in writing at least 30 days before the end date.

For automatic renewals, invoices will be generated and issued to entities with payment considered agreement to the Observatory Terms of Service and continuation of the arrangement for 12 months or as otherwise agreed.

What are the subscription costs?

The DTA sets the annual subscription cost annually based on:

Sales Partner: Platform access, subscribed agencies properties billable hits and events, training and complex support
Google Cloud Platform Services: which enables whole-of-government subscription management and analytics
Level 1 Support: technical guidance, training, invoicing and administrative support.

The DTA invoices subscribed agencies annually based on billable hits / event tiers. Invoices are payable within 30 days.

2023 Pricing Model

For 2023, the DTA has an arrangement in place with the Sales Partner for Google Analytics 360 (UA) platform access plus the Google Analytics 4 Beta product and associated properties. There is the ability to fully novate to Google Analytics 4 when all subscribed entities are ready, proposed for July 2023. Entities should have already commenced migration activities.

The DTA and Sales Partner will undertake a readiness review in March 2023 and provide direct support to entities during the transition period.

For 2023, the pricing structure will not change for entities as a result of novating to Google Analytics 4.

Where the entity is a Non-corporate Commonwealth entity (as defined in the Public Governance, Performance and Accountability Act 2023), the entity will not be liable to pay GST.

2023 Observatory Subscription Fees
Tier	Billable hits/events per month	Annual subscription price
1	Less than 1,000,000 (1M)	$0.00
2	1,000,000 (1M) to 25,000,000 (25M)	$20,000.00
3	25,000,000 (25M) to 100,000,000 (250M)	$25,000.00
4	100,000,000 (10M) to 250,000,000 (250M)	$35,000.00
5	250,000,000 (250M) to 500,000,000 (500M)	$45,000.00
6	500,000,000 (500M) to 1,000,000,000 (1B)	$50,000.00
7	1,000,000,000 (1B) to 2,500,000,000 (2.5B)	$65,000.00
8	2,500,000,000 (2.5B) to 5,000,000,000 (5B)	$80,000.00

All fees reflected in the table are in Australian Dollars and GST exclusive.

The DTA is under no obligation to provide services to the entity until the subscription fees are paid. If the entity fails to make payment to the DTA by the due date, the DTA will manage the late payment in accordance with the dispute resolution process.

The DTA may downgrade from premium to standard services or terminate accounts if an invoice issued to an entity is overdue by more than 60 days.

The DTA reviews subscription costs annually, or as otherwise required, with Sales Partners in consideration of platform costs, historical and projected hit / event volumes and the number of subscribers.

What if the billable hits / event tiers are exceeded?

It is important that entities monitor their hits / events throughout the subscription period.

The DTA reserves the right to cost recover from the entity any additional costs incurred as a result of the entity exceeding the maximum billable hits / events within their tier or costs incurred as a result of complex technical support.

The DTA will engage directly with the entity in relation to the incurred costs and issue an invoice for payment. Payment is required within 30 days.

What support does the DTA provide?

The DTA provides the following services to entities:

Google Analytics Platform Access
Google Cloud Platform Services
Account Management
Migration support including upgrading from standard to premium Google Analytics
Level 1 billing and technical support and guidance
Liaison with the Sales Partner for complex technical support
Downgrading or removal of accounts, if required.

If there is an issue with Google Analytics or you require more specialised assistance with your accounts and properties, please complete the Observatory Support Form or email observatory@dta.gov.au.

This support is available 9:00am - 5:00pm Monday to Friday, excluding ACT public holidays through email to observatory@dta.gov.au.

For complex enquiries the DTA may engage with the Sales Partner which will require you to provide them with access to your agency's properties and depending on the complexity of the issue, at an incurred cost negotiated with the DTA and the Sales Partner.

The entity must not reach out to the Sales Partner directly as it may result in incurred costs.

What training does the DTA provide?

The DTA, jointly led with the Sales Partner, will hold regular information sessions about Google Analytics products, services and topics of interest.

Information sessions are provided for free as part of the subscription service.

If you have a specific training request let us know at observatory@dta.gov.au.

For the latest news and upcoming information sessions visit Observatory News

What happens if the Google Analytics Subscription Service is changed, expires or is terminated?

An entity can unsubscribe at any time by providing at least 30 days’ written notice to observatory@dta.gov.au. Subscription fees for early termination will not be refunded.

Any changes to the arrangement with the Sales Partner that impacts the subscription costs or terms or conditions will be communicated with at least 30 days’ written notice to entities or as soon as reasonably practical.

Any changes to the arrangement with the Sales Partner that results in expiration or termination of the Subscription Service will be communicated within at least 90 days’ written notice to entities or as soon as reasonably practical.

The DTA will cooperate with the entity to:

offboard, including migrating and separating accounts and properties from the Google Analytics Organisation to another organisation or Sales Partner environment nominated by the entity.
downgrade any properties from premium to standard Google Analytics.
archive / delete accounts or properties.

Machinery of Government Changes

In the event that the DTA’s role of custodian of the Observatory Subscription Service is transferred to another party, the DTA will be responsible for leading the joint notice to entities outlining the date of effect, transition activities and any anticipated changes. The DTA will cooperate with the new owner to ensure continuity of services.

What if there is a dispute?

If a dispute arises between the DTA and entity under the Observatory Terms of Service, either party must provide written notice to the other party outlining the nature of the dispute.

Within 10 days from the date of issue of the dispute notice, the representative of each party appointed will use their best endeavours to resolve the dispute at an operational level.

If the representatives are unable to resolve the dispute with 20 days from the date of issue of the dispute notice, the matter will be escalated to Senior Officers to resolve.

If the matter is unable to be resolved at this level, a third-party mediator may be involved.

Who is responsible for data?

Entities are responsible for managing account access, properties and website monitoring data.

The entity must give the DTA read-only access to accounts and properties under the Observatory arrangement. This read-only access will only be granted to select DTA employees for billing, analytical or support purposes.

The DTA has no control of, or responsibility for, the information included or published by the entity.

The DTA however will use its best endeavours to exercise all rights available to ensure that there are effective controls in place.

Third party consent

The entity may not disclose any confidential Information to a third party unless the disclosure is:

to employees or advisers for the purpose of the Observatory Subscription arrangement.
with consent of the DTA for government or parliamentary accountability purposes.
by the DTA to the Sales Partner for the provision of services.

The DTA will only share information with third parties without consent if:

it is for purposes relating to the Observatory Terms of Service
where authorised or required to by law
for government or parliamentary accountability purposes.

The DTA will make all reasonable attempts to advise subscribed agencies prior to sharing information without consent.

Who is responsible for privacy?

Entities are responsible for ensuring that information is not personally identifiable and that all employees and contractors comply with the Australian Privacy Principles and obligations under the Privacy Act 1988 (Cth).

Please ensure that you have fully read and understood the Observatory Terms of Service, Google Analytics Terms of Service and Google Cloud Platform Terms of Service information relating to privacy.

The Observatory data is aggregated and does not capture, create, or use Personally Identifiable Information (PII).
Google and the DTA also have additional provisions in place to ensure IP anonymisation and that data is not Personally Identifiable.
Entities are solely responsible for ensuring that data is not Personally Identifiable under the Observatory and Google Terms of Service and if found in breach may be terminated and subject to further penalties under Australian Legislation.
At a minimum, a threshold assessment must be conducted before new properties are added to the Observatory. An assessment of the thresholds assessment should be conduct by a Privacy Officer to determine if a formal Privacy Impact Assessment is required.

It is a mandated requirement of the Observatory and Google Analytics Terms of Service that the entity:

does not pass information to Google that Google could use or recognise as Personally Identifiable Information (PII).
alerts users that cookies are used to collect data
discloses the use of Google Analytics, and how it collects and processes data.

The DTA will undertake regular account, property and access audits to ensure effective management of the Observatory, in collaboration with subscribed entities.

Who is responsible for security?

The entity must not store personal or sensitive information on Google Analytics or Google Cloud Platform Services, in accordance with the Information Security Manual (ISM).

The entity must comply with all relevant security and other requirements as specified in the:

Protective Security Policy Framework (PSPF)
Information Security Manual (ISM)
other reasonable security procedures or additional requirements as advised by the DTA in writing.

As information is hosted on cloud based services, the entity must ensure information with a security classification is not stored or processed in the Observatory.

What happens if there is a suspected privacy or security breach?

In the unlikely event of a suspected privacy or security breach, the DTA and entity must provide notice in writing and take reasonable steps to ensure that both parties are kept informed of any assessment of a suspected breach.

The DTA and entity will take all reasonable steps to work collaboratively to:

report a suspected privacy or security breach including any personal information that has (or may have been) lost, or subjected to unauthorised access, modification, use, disclosure, or other misuse or interference.
determine whether an eligible privacy breach has occurred, and notification is required under the Privacy Act 1988 (Cth).
establish which party will issue the notification of the eligible data breach where notification is required under the Privacy Act 1988 (Cth).
address any action directed by the Australian Information and Privacy Commissioner and additional controls recommended by the DTA.

The entity acknowledges under this subscription service that the DTA’s or Sales Partner’s ability to identify any suspected eligible data breach is dependent on the entity providing the required information and access to accounts and linked properties.

The DTA will report any privacy and security incidents directly with the Sales Partner and Google.

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Get in touch

If you have any questions you can get in touch with us at observatory@dta.gov.au