Terms and Conditions

Including the MYHR PRIVACY POLICY AND NOTICE

Trading terms and conditions of MYHR Ltd.

These terms and conditions regulate the business relationship between you and us. By using Our Website, Software and/or Services in any way, or by buying from us, you agree to be bound by them.

We are:  MYHR Ltd

Our address is:  43 Honan Place, Avondale, Auckland, New Zealand

You are:  a visitor to or a user of our Website, Software and/or Service.

 

Modification of Terms and Conditions and Privacy Policy

We reserve the right to modify these Terms and Conditions and Privacy Policy at any time and in any manner at our sole discretion by either: a) posting a revision on our website and with our software; or b) sending information regarding the amendment to the email address you provide to us.

You are responsible for regularly reviewing this site and these Terms and Conditions and Privacy Policy. You shall be deemed to have accepted such amendments by continuing to use our Website, Software and/or Services after such amendments have been posted or information regarding such amendments has been sent to you. You agree that we shall not be liable to you or to any third part for any modification of the Terms and Conditions or Privacy Policy.

 

The terms and conditions

1 Definitions

In this agreement:

“Our Website and Software” means the entire computing hardware and software installation that is or supports our Website and Software.

“Services” means any of the services we offer and include generally available updates and support services so far as specified for each service.

Together “our Website, Software and/or Services” are the whole MyHR offer you may purchase and use in accordance with these terms.

“Material” means Content of any sort posted by you on Our Website or in Software.

 

2 Our contract with you

These terms and conditions apply:

2.1 So far as the context allows, to you as a visitor to Our Website and/or a client of our Software and/or Services; and

2.2 In any event to you as a buyer or prospective buyer of our Software and/or Services.

2.3 We shall accept your order upon receipt of your payment. That is when our contract is made.

2.4 We may change these terms from time-to-time. The terms that apply to you are those posted here on Our Website and within our Software on the day you use our Software and/or Services.

2.5 If you buy Software and/or Services from us under any arrangement which does not involve your payment via Our Website; these terms still apply so far as they can be applied, plus you may be required to agree to additional terms which will be supplied to you.

2.6 If we owe you money, as agreed by us, we will credit your credit or debit card or nominated bank account, as soon as reasonably practicable but in any event no later than 30 days from the date we agree to the specific refund.

 

3 Your account with us

3.1 You agree that you have provided, and will continue to provide accurate, up-to-date, and complete information about yourself. We need this information to provide you with the Services.

3.2 If you use Our Website, Software and/or Service, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your computer or accessing our Services.

3.3 You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log-in to your account and change your password.

3.4 We reserve the right to refuse you access to Our Website, Software and/or Services.

3.5 You may have an unlimited number of management users in your MyHR account, categorised as “Owner” or “Manager”. The information contained within your MyHR account, about your employees, is strictly private and confidential and must be protected. These Terms and Conditions and Privacy Policy apply, in their entirety, to all of your MyHR Owner or Manager users and it is the sole responsibility of all such users to adhere to these Terms and Conditions and Privacy Policy.

3.6 Your employees may access some of their information via employee self-service. This is their private information and must also be protected. It is your responsibility to ensure any employees using self-service understand their privacy obligations. Employee self-service is a MyHR software feature only and does not provide full legal compliance regarding access to personal information or privacy that may be specified in law. Relevant legislation regarding access to personal information applies in all circumstances, you must remain aware of your legal obligations in this respect.

 

4 Price, payment and service provision

4.1 We reserve the right to increase the price of our Software and/or Services at any time.

4.2 You agree to pay for our Software and Services from the credit card information you have, or will have, supplied to us. You authorise us to arrange withdrawal of funds on this card immediately and each month without further reference to you.

4.3 At our sole discretion, we may agree to allow payment by a method other than credit card. In such circumstances you agree to adhere to all payment terms required of you, specified by us. We may suspend our Service and remove access to our Software immediately if payment is outstanding and only return such access when correct payment is made.

4.4 Payments are paid in advance at the beginning of each month.

4.5 Payments are non-refundable, unless otherwise agreed at our sole discretion.

4.6 Our Services will be provided via our Software, over the phone and/or by email. We do not provide face-to-face consultation services, unless otherwise agreed. Should this occur additional charges may apply. We are under no obligation to provide Services other than via our Software, over the phone and/or by email.

4.7 If we are not able to provide your Services within 2 days of the date of your order, we shall notify you by e-mail to tell you the likely provision date.

4.8 You may cancel provision of the Software and Services at any time on giving us twelve (12) clear weeks’ notice. Payment will be due until the expiry of the notice period.

4.9 The notice period is important, as it allows time to ensure you complete the transfer of all your private and confidential information to your own systems and for MyHR to securely delete all such information from our servers and back-ups.

4.10 You are solely responsible for ensuring you have everything. MyHR will support you by performing system checks and we will confirm this with you before closing the account and deleting your information. Once we have received confirmation from you, MyHR will not be liable in any way for any missing information or data.

4.11 We may change the nature or provision of our Website, Software and/or Services at any time and at our sole discretion. Such changes may be required to comply with relevant legislation but do not have to be.

4.12 If a change we make in the provision of our Website, Software and/or Services involves action on your part, and you do not take that action, we are entitled to terminate the relationship with you without notice.

4.13 You may not share or allow others to use the Software and/or Services in your name.

4.14 Pricing is based on the number of employees and/or contractors in your organisation or the number of employees and/or contractors you elect to be covered by our Software and/or Services, in consultation with us.

4.15 We accept, for some organisations, that using MyHR only for a specific division, department or region may be all that is required. MyHR’s unique flexibility allows this to occur. However, such arrangements may not be used by you to avoid paying for our Software and/or Services. Our Software and/or Services are not available to any employees or contractors you are not paying for. Should we discover you are using or “repurposing” our Software and/or Services (including our documents) for employees or contractors not within your paid subscription we may charge you an amount equivalent to the highest current, per-employee monthly fee, at a 12-month lump sum (irrespective of the timeframe you have been with MyHR) and an additional consultancy charge of NZD $1,200+GST to cover any investigation and/or remedial costs. You full account will be suspended until such payments are made. In the event of such unauthorised use you accept total liability for any issues that arise out of such misuse, MyHR will not be held liable in any way or at any time.

4.16 If we believe you have breached these Terms and Conditions and Privacy Policy in any way we will suspend your account immediately and cease all Services, no matter the status or stage of Service delivery. We shall seek clarification and if we are not completely satisfied with the explanation we may require you to pay additional charges, determined by us. You agree to pay such additional charges in these circumstances or we shall, at our absolute discretion, terminate your account immediately and cancel all Services. If your account is terminated in this situation no refund is payable to you.

4.17 We will do our best to maintain Our Website, Software and/or Services so that you have constant use, but there will be times when your use may be interrupted. Interruption for reasonable periods for maintenance or causes beyond our control is not grounds for repayment of money you have paid. When we are aware of the likelihood of down-time, we will tell you in advance.

 

5 Foreign taxes, duties and import restrictions

5.1 If you are not in New Zealand, we have no knowledge of, and no responsibility for, the laws in your country.

5.2 You are responsible for purchasing Software and/or Services which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.

 

6 Dissatisfaction with the Services

6.1 Our most important task is to ensure your absolute satisfaction. We will always strive to reach that target. However, we acknowledge that mistakes are made occasionally. This paragraph covers that possibility. If you are not wholly satisfied with the Website, Software and/or Services, please tell us at the earliest opportunity:

              6.1.1 exactly why you think we have failed;

              6.1.2 the date, if relevant, of the failure;

              6.1.3 when and how you discovered the failure;

              6.1.4 the result of the failure;

              6.1.5 your suggestion as to action we should take to resolve the situation                        and restore your faith in us.

6.2 To do this, it is essential that you contact us by email or via the Software.

 

7 Disclaimers

7.1 We, or our Content suppliers, may make improvements or changes to Our Website, Software and/or Services, the Content, or to any of the Services, at any time and without advance notice.

7.2 You are advised that Content may, on rare occasions, include technical inaccuracies or typographical errors. We would be grateful if you bring to our immediate attention any that you find.

7.3 You must review and be satisfied that our Website, Software and/or Services are fit for your specific purposes. We give no warranty and make no representation, express or implied, as to:

               7.3.1 the adequacy or appropriateness of the Website, Software and/or                         Services for your purpose;

               7.3.2 any implied warranty or condition as to merchantability or fitness of                         the Website, Software and/or Services for your purpose;

               7.3.3 compatibility of Our Website, Software and/or Services with your                         equipment, software or telecommunications connection;

               7.3.4 compliance with any law;

               7.3.5 non-infringement of any right.

7.4 Our Website, Software and/or Services contains links to other websites outside our power and control. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.

7.5 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of our Website, Software and/or Services.

7.6 You acknowledge and agree that people management processes and all aspects of the employment relationship are subject to interpretation and any employee (or ex-employee) has a right to raise a grievance against you irrespective of the quality of any process followed by you or support received from us. We are in no way liable for any cost or penalties associated with such claims or grievance action. You accept complete responsibility and liability for all your employment processes and the outcomes. Our Website, Software and/or Services provide guidelines only, these guidelines are based on information we receive from you, which may not always be complete. You retain discretion as to how you take our guidance and execute it. We cannot control your actions, body language or words during work and when undertaking these processes and therefore cannot be held liable for any claims.

7.7 MyHR agrees to carry appropriate insurance to cover any instance of proven negligence on our part.

7.8 It is an essential requirement of MyHR membership that you upload signed employment agreements, into the relevant employee file. The Software attempts to provide reasonable reminders of this need and we have made it as easy as we can for you to do this. Should you not upload the signed documents, the quality of our Services will be significantly diminished and in some cases Services may not be available to you. This is not grounds for a refund of your membership. It is your sole responsibility to ensure this upload occurs and should there be a technical reason why this cannot happen you must notify us immediately so we may rectify the issue.

7.9 You must ensure that any uploads to your account are correct and completely legible, otherwise they may not be legally binding.

7.10 In any claim against us, our liability is limited to the value of the Software and Services you have purchased in the month of the claim which is the subject of the dispute.

 

8 Content and Intellectual Property Rights

8.1 We will defend the intellectual property rights in connection with our Website, Software and/or Services, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).

8.2 We also claim copyright in the designs and compilation of all Content of our Website, Software and/or Services. Title, ownership rights, and shall remain the sole property of us and/or the other content provider. We will strongly protect those rights in all countries.

8.3 Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.

8.4 You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.

8.5 Subject to the other terms of this agreement, you may download or copy Content only for your own use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.

 

9 Your email address

9.1 You represent that any username or email address selected by you, when used alone or combined with a second or third level domain name, does not interfere with the rights of any third party and has not been selected for any unlawful purpose.

9.2 You acknowledge and agree that if we believe such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, we may immediately suspend the use of such name or email address, and you will indemnify us for any claim or demand that arises out of your selection.

9.3 You acknowledge and agree that we shall not be liable to you in the event that we are ordered or required by a court or judicial authority, to desist from using or permitting the use of a particular domain name as part of a name or email address.

 

10 Your Material

10.1 If you post any Material on Our Website you warrant that you own the copyright in it and you accept all risk and responsibility for it. If you post or store any Material in our Software you warrant that you either own the copyright in it or have the authority to store and use it. You grant to us the right to edit, copy, publish, distribute, translate and otherwise use it in any medium and for any purpose insofar as you have the right to do so and subject to relevant Privacy laws.

10.2 You agree that if you do post any Material on our Website, in doing so, you grant to us a non-exclusive, irrevocable, royalty-free, right in perpetuity to use that Material in any way whatever, throughout the World in any medium. You agree to waive your right to be identified as the author and your right to object to derogatory treatment of your Material.

10.3 You agree to perform all further acts necessary to perfect any of the above rights granted by you to us, including the execution of deeds and documents, at our request.

10.4 You represent and warrant that:

              10.4.1 you own the rights to all of the Material that you post;

              10.4.2 any fact stated in your Material is accurate;

              10.4.3 if you don’t own the rights, you are authorised to use the Material.

 

11 System Security

11.1 You agree that you will not, and will not allow, any other person to violate or attempt to violate any aspect of the security of our Website, Software and/or Services.

11.2 You may not use any software tool for the purpose of extracting data from our website unless otherwise agreed in writing by us or as part of a MyHR approved API.

11.3 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.

 

12 Acceptable Use Policy

As a condition of your use of our Website, Software and/or Services, you agree to comply with these provisions:

12.1 You will not use or allow anyone else to use the website or software to post or otherwise publish:

             12.1.1 copyright works;

             12.1.2 commercial audio, video or music files;

             12.1.3 any Material which violates the law of any established jurisdiction;

             12.1.4 unlicensed software;

             12.1.5 software which assists in or promotes: emulators, phishing,                         hacking, password cracking, IP spoofing;

             12.1.6 links to any of the material specified in this paragraph;

             12.1.7 pornographic material;

             12.1.8 any material promoting discrimination or animosity to any person                         on grounds of gender, race, colour, sexuality, disability, religion or                         any other discriminating factor.

12.2 You will not use the Services for spamming. Spamming includes, but is not limited to:

             12.2.1 the bulk sending of unsolicited messages, or the sending of                          unsolicited emails which provoke complaints from recipients;

             12.2.2 the sending of junk mail;

             12.2.3 the use of distribution lists that include people who have not given                          specific permission to be included in such distribution process;

             12.2.4 excessive and repeated posting off-topic messages to                          newsgroups;

             12.2.5 excessive and repeated cross-posting;

             12.2.6 email harassment of another internet user, including but not limited                          to, transmitting any threatening, libellous or obscene material, or                          material of any nature which could be deemed to be offensive;

             12.2.7 the emailing of age inappropriate communications or content to                          anyone under the age of 18.

 

13 Indemnity

You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to, or arising in any way out of, your use of our website software and/or Services, your posting any Material, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.

 

14 Miscellaneous provisions

14.1 When we communicate with you we do so via the software, by email or over the phone. You agree that email communications may be contractually binding in the same way as properly signed and dated paper sent by post.

14.2 Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of those goods or service.

14.3 Nothing in this agreement or on our Website, Software and/or Services shall confer on any third party any benefit or obligation.

14.4 If any of these terms is, at any time, held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

14.5 No waiver by us, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.

14.6 In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.

14.7 We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.

14.8 This Agreement shall be governed by and construed in accordance with the law of New Zealand. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

14.9 We may refuse you access to our services or terminate your subscription at any time, for whatever reason we choose and we are not required to share this reason with you. You will be responsible for payment of any Services you have used or subscription up to the date of termination. Any amount of pre-paid subscription yet to be used may or may not be refunded to you at our sole discretion.

 

Privacy Policy and Notice

This is the privacy notice of MyHR. In this document, “we” or “us” refers to MyHR.

We are company number 3374251 registered in New Zealand.

Our registered office is at 43 Honan Place, Avondale, Auckland, New Zealand.

This is a notice to tell you our policy about all information that we record about you, your organisation and your employees and contractors. It covers both information that could identify you and information that could not.

We are extremely concerned to protect your privacy and confidentiality. We understand that all users of our Website, Software and/or Services are quite rightly concerned to know that their data will not be used for any purpose unintended by them, and will not accidentally fall into the hands of a third party. Our policy is both specific and strict. It complies with New Zealand law. If you think our policy falls short of your expectations or that we are failing to abide by our policy, do please tell us.

Except as set out below, we do not share, or sell, or disclose to a third party, any personally identifiable information collected at this site.

Here is a list of the information we collect from you, either through our Website or our Software or because you give it to us in some other way, and why it is necessary to collect it:

 

1 Basic identification and contact information, such as your name and contact details.

This information is used:

1.1 to provide you with the services which you request;

1.2 for verifying your identity for security purposes;

1.3 for marketing our services and products;

1.4 Information which does not identify any individual may be used in a general way by us or third parties, to provide class information, for example relating to demographics or usage of a particular page or Service.

 

2 Market place information

When we obtain information from you specifically to enable you to buy a Service or Software feature offered on our website by some other person, we assume that in giving us your information, you are also giving us permission to pass it to the relevant person.

 

3 Your domain name and e-mail address are recognised by our servers and the pages that you visit are recorded. We shall not under any circumstances divulge your e-mail address to any person who is not an employee or contractor of ours and who does not need to know, either generally or specifically. This information is used:

3.1 to correspond with you or deal with you as you expect;

3.2 in a collective way not referable to any particular individual, for the purpose of quality control and improvement of our site;

3.3 to send you news about our Software and/or Services or any other information we deem relevant or important to you;

3.4 to tell you about other of our services or services of others we deem relevant to you.

 

4 Information you post on our website

Information you send to us by posting to a forum or blog or in your advertisement is stored on our servers. We do not specifically use that information except to allow it to be read, but you will see in our terms and conditions that we reserve a right to use it in any way we decide.

 

5 Website usage information

We may use software embedded in our website (such as JavaScript) to collect information about which pages you view and how you reach them, what you do when you visit a page, the length of time you remain on the page, and how we perform in providing content to you.

 

6 Financial information relating only to your credit cards

This information is never taken by us either through our website or otherwise. At the point of payment, you are transferred to a secure page on the website of DPS, PayPal or some other reputable payment service provider. That page may be dressed in our “livery”, but it is not controlled by us. Our staff and contractors never have access to it.

 

7 Note on padlock symbols and other trust marks

Many companies offer certification and an icon or other small graphic to prove to site visitors that the site is safe. Some certify to a high level of safety. Others are more concerned to take our money than to provide a useful service. We do not handle information about your credit card so do not subscribe to any such service. However, we suggest you assess this notice to judge that we do take your privacy seriously.

 

8 Financial information about your direct debit or your credit cards

When you have agreed to set up a direct debit arrangement, the information you have given to us is passed to our own bank for processing according to our instructions. We do not keep a copy.

We are registered under the direct debit guarantee scheme.  (This provides for the customer’s bank to refund disputed payments without question, pending further investigation. Direct debits can only be set up for payments to beneficiaries that are approved "originators" of direct debits. In order to be approved, these beneficiaries are subjected to careful vetting procedures. Once approved, they are required to give indemnity guarantees through their banks.)

 

9 We retain your information securely

We keep your financial information to provide you with a better shopping experience next time you visit us and to prevent fraud.

We use Secure Sockets Layer (SSL) certificates to verify our identity to your browser, and to encrypt any data you give us when you buy, including financial information such as credit or debit card numbers. Our SSL certificate encryption level is 128-bit. Whenever we ask for financial information, you can check that SSL is being used by looking for a closed padlock symbol or other trust mark in your browser URL bar or toolbar.

We take the following measures to protect your financial information:

9.1 We keep your financial information encrypted on our servers.

9.2 We do not keep all your data, so as to prevent the possibility of our duplicating a transaction without a new instruction from you.

9.3 Access to your information is restricted to authorised staff only.

9.4 We automatically delete your information when the card expires.

9.5 If we ask you questions about your financial information, we shall show partial detail the last four digits of the debit or credit card number, only enough to identify the card(s) to which we refer.

 

10 Credit reference

To assist in combating fraud, we share information with credit reference agencies so far as it relates to clients or customers who instruct their credit card issuer to cancel payment to us without having first provided an acceptable reason to us and given us the opportunity to refund their money.

 

11 Business and personal information

This includes all information given to us in the course of your business and ours, such as information you give us in your capacity as our client. We undertake to preserve the confidentiality of the information and of the terms of our relationship. It is not used for any other purpose. We expect you to reciprocate this policy.

We keep information which forms part of our business record for minimum of seven years. That is because we may need it in some way to support a claim or defence in court. That is also the period within which our tax collecting authorities may demand to know it. This does not include your confidential employee files and correspondence. You release us of all obligations upon terminating the service.

 

12 Third party advertising

Third parties may advertise on our website. In doing so, those parties, their agents or other companies working for them may use technology that automatically collects your IP address when they send an advertisement that appears on our site to your browser. They may also use other technology such as cookies or JavaScript to personalise the content of, and to measure the performance of their adverts. We do not have control over these technologies or the data that these parties obtain. Accordingly, this privacy notice does not cover the information practices of these third parties.

 

13 Cookies

Cookies are small text files that are placed on your computer's hard drive through your web browser when you visit any website. They are widely used to make websites work, or work more efficiently, as well as to provide information to the owners of the site.

You can manually disable cookies at any time - check your browser’s ‘Help’ to find out how. This will not affect your ability to view the site.

Although your browser software enables you to disable cookies, this will not affect your ability to view the site. We recommend that you allow the use of cookies in order to take advantage of the features of our website that rely on their use. You can still use this website and software, even if you choose to disable cookies. Here are the ways we use cookies:

13.1 to record whether you have accepted the use of cookies on our website or not. If you did not accept maybe our website does not work properly.

13.2 to allow essential parts of our website to operate for you.

13.3 to operate our content management system.

13.4 to operate the online notification form - the form that you use to contact us for any reason. This cookie is set on your arrival at our website and deleted when you close your browser.

13.5 to enhance security on our contact form. It is set for use only through the contact form. This cookie is deleted when you close your browser.

13.6 to collect information about how visitors use our site. We use the information to improve your experience of our site and enable us to increase sales. This cookie collects information including the number of visitors to the site, where visitors have come to the site from, and the pages they visited.

13.7 to record that a user has viewed a webcast. It collects information in an anonymous form. This cookie expires when you close your browser.

13.8 to record your activity during a web cast. For example, as to whether you have asked a question or provided an opinion by ticking a box. This information is retained so that we can serve your information to you when you return to the site. This cookie will record an anonymous ID for each user, but it will not use the information for any other purpose.

13.9 to store your personal information so that you do not have to provide it afresh when you visit the site next time.

13.10 to enable you to watch videos we have placed on YouTube. YouTube will not store personally identifiable cookie information when you use YouTube’s privacy-enhanced mode.

 

14 Sending a message to our support system

When you send a message, we collect the data you have given to us in that message in order to obtain confirmation that you are entitled to receive the information and to provide to you the information you need. We record your request and our reply in order to increase the efficiency of our business.

 

15 Complaining

When we receive a complaint, we record all the information you have given to us. We use that information to resolve your complaint. If your complaint reasonably requires us to contact some other person, we may decide to give to that other person some of the information contained in your complaint. We do this as infrequently as possible, but it is a matter for our sole discretion as to whether we do give information, and, if we do, what that information is.

We may also compile statistics showing information obtained from this source to assess the level of service we provide, but not in a way that could identify you or any other person.

 

16 Third party content

Our website is a publishing medium in that anyone may register and then publish information about himself or some other person. We do not moderate or control what is posted. If you complain about any of the content on our website, we shall investigate your complaint. If we feel it may be justified, we shall remove it while we investigate. Free speech is a fundamental right, so we have to make a judgement as to whose right will be obstructed: yours, or that of the person who posted the content which offends you. If we think your complaint is vexatious or without any basis, we shall not correspond with you about it.

 

17 Job application and employment

If you send us information in connection with a job application, we may keep it for up to three years in case we decide to contact you at a later date.

If we employ you, we collect information about you and your work from time-to-time throughout the period of your employment. This information will be used only for purposes directly relevant to your employment. After your employment has ended, we will keep your file for seven years before destroying or deleting it.

 

18 Content you provide to us

If you provide information to us with a view to it being read, copied, downloaded or used by other people, we accept no responsibility for what that third party may do with it. It is up to you to satisfy yourself about the privacy level of every person who might see your information. If it is available to the entire World, you have no control whatever as to how it is used.

 

19 Marketing information

With your permission we pass your email address and name to selected associates whom we consider may provide services or products you would find useful. You may opt out of this service at any time by emailing us.

 

20 Information we obtain from third parties

Although we do not disclose your personal information to any third party (except as set out in this notice), we do receive data which is indirectly made up from your personal information, from software services. No such information is identifiable to you.

 

21 Affiliate information

This is information given to us by you in your capacity as an affiliate of us or a customer or client of ours. Such information is retained for business use only. We undertake to preserve the confidentiality of the information and of the terms of our relationship.  It is not used for any other purpose.  We expect any affiliate to agree to reciprocate this policy. As an exception to this, we have the right to disclose your first name and URL of your affiliate connection to other affiliates and to any other person or organisation, on and off site. The reason is solely to enable us to mention winners and others whose performance as an affiliate is in some way outstanding.

 

22 Use of site by children

We do not market to children, nor do we sell products or services for purchase by children. If you are under 18, you may use our site only with consent from a parent or guardian.

 

23 Disclosure to Government and their agencies

We are subject to the law like everyone else. We may be required to give information to legal authorities if they so request or if they have the proper authorisation such as a search warrant or court order.

 

24 At any time you may review or update the personally identifiable information that we hold about you, by contacting us by email. To better safeguard your information, we will also take reasonable steps to verify your identity before granting access or making corrections to your information.

 

25 Sale of your personal information

Except as specified above, we do not rent, sell or otherwise disclose any of your information to any person outside our business.

 

26 Data may be “processed” outside the New Zealand

We use hosting services in New Zealand, Australia, Singapore and internationally from time to time. Accordingly, data obtained within the New Zealand may be processed and stored outside New Zealand and data obtained in any other country may be processed and stored within or outside that country.

 

27 Compliance with the law

This policy has been compiled so as to comply with the law of every jurisdiction in which we aim to do business. If you think it fails to satisfy the law of your country, we should like to hear from you, but ultimately it is your choice as to whether you wish to use our website.

 

28 Removal of your information

If you wish us to remove personally identifiable information from our website, you may contact us by email. To better safeguard your information, we will also take reasonable steps to verify your identity before granting access or making corrections to your information.

 

If you have any question regarding the Terms and Conditions or Privacy Policy and Notice, please contact us by email.

 

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