1.DEFINITIONS & INTERPRETATION
it does not include any personally identifiable information. We may not be
1.1. ‘Supplier,’ ‘we’, or ‘us’ means The Web Guys Limited trading as The Web Guys (our successors and assigns) or any person acting with the authority of The Web Guys Limited.
1.2. ‘Client,’ ‘you’, or ‘your’ means the Client purchasing Services from us or any person acting on your behalf.
1.3. ‘Services’ means all Incidental Items (including any printed or virtual material, samples, designs, drawings, images, graphics, advertising, search engine optimisation, publication, data, files, information or other associated documentation and goods), software, applications or mobile application development (whether supplied from a third party software development company or where custom developed or programmed for you) or any advice or recommendations, personal development, Website development, graphic design, consultancy, marketing assessment, brand development, integration of strategies, analysis, project management, videography, photography, drone photography or media sourcing) provided by us at your request from time to time (and where the context permits, the terms Incidental Items or Services shall be interchangeable for the other).
1.5. ‘Cookies’ means small files stored on a user’s computer. They are designed to hold a modest amount of data (including Personal Information) specific to a particular Client and Website. They can be accessed either by the web server or your computer. If you do not wish to allow, Cookies to operate in the background when ordering from the Website, you have the right to enable or disable the Cookies first by selecting the option provided on the Website before ordering Services.
1.6. ‘Personal Information’ is defined in Part 1, section 7 of the Privacy Act 2020.
1.7. ‘Website’ means a location accessible on the internet through the world wide web and provides multimedia content via a graphical user interface. 1.8. In this Agreement, unless the context otherwise requires: (a)headings are for convenience only and do not affect interpretation; and
(b)a reference to legislation includes all regulations, orders, instruments, codes, guidelines, or determinations issued under that legislation or any modification, consolidation, amendment, re-enactment, replacement, or codification.
2. PERSONAL INFORMATION
2.1. Personal Information is information about an identifiable individual and includes the individual’s name, address, email address, and telephone numbers. We collect information about you whenever you interact with us, for example, when you visit our Website or engage in any Services.
3. COLLECTED INFORMATION
3.1. We may collect Personal Information when you purchase our Services, register for events, complete surveys, subscribe to our newsletters or mailing list, enter promotions or otherwise communicate with us. The Personal Information may include your name, contact details, email address, credit card details, place of work, position and other information necessary for us to provide the Services you have requested.
3.2. We collect unique identifiers, browser type and settings, device type, operating system, and mobile network information (including the carrier name, phone number, and application data). We also collect information about the interaction of your apps, browsers, and devices with our Services, including IP address, crash reports, system activity, and the date, time, and referrer URL of your request.
3.3. We gather information about our Website user's Personal Information provided when you complete an online form or request our Services. When visitors leave comments on the Website, we collect the data shown in the comments form and the visitor’s IP address and browser user agent string to help spam detection. Google Analytics or our web servers collected information can include the following types:
(a)the date and time of visits to the Website
(c)the referring Website;
(d)your IP address; and
(e)technical information on browser connections
3.4. This information is anonymous, and no attempt is made to identify users or their search activities. When you visit our Website, we collect general user information such as users’ internet protocol addresses, browser type, internet service provider details, and other technical information. We use this information to administer the Website and better understand our users and how they use it. However, this information is not personal,
3.6. The precise periods for keeping your Personal Information vary depending on the nature of the information and why we need it. Factors we consider in determining these periods include the minimum required retention period prescribed by law or recommended as best practice, the period during which a claim can be made concerning an Agreement or other matter, and whether the Personal Information has been aggregated or anonymised (or other relevant criteria).
4. DISCLOSURE AND USE OF INFORMATION
4.1. When you enquire about or purchase Services from us, we may ask for your consent to collect information about you from others (including undertaking credit checks, obtaining references, or co-operating with your other service providers or suppliers).
4.2. We may record information about how you use and interact with our Website, including how, when, where and how often you use our Website (such as login information and the internet protocol address of the device you use to access our Website). We may also maintain records of your communications with our staff, including phone calls, e-mails and other electronic messages.
4.3. We use our collected information to interact with you directly, like your email address. We may notify you if we detect suspicious activity, like an attempt to sign in to your account from an unusual location. Or we may let you know about upcoming changes or improvements to our Services. If you contact us, we will keep a record of your request to help solve any future issues you might be facing.
4.4. We also use third-party service providers (such as Google) to help us track the effectiveness of our Website to generate visitor traffic and display targeted advertising. These advertisements may collect anonymous information about your visits to the Website on which such ad is placed, your interaction with these ads and the Services offered by us and others through a cookie (including Google Analytics) or other web technologies. We and other selected marketing organisations may use this anonymous information to inform, optimise and provide targeted advertisements.
4.5. If you consent to our Cookies on our Website and later wish to withdraw your consent, you may manage and control your privacy settings via your web browser (including removing Cookies or deleting them from your browser history when exiting the Website).
4.6. We may use collected information to:
(a)provide you with the Services that you have requested;
(b)verify that existing information that we hold about you is accurate and complete;
(c)undertake credit checks;
(d)process credit card transactions;
(e)maintain or improve our Services or Website;
(f) communicate with you to inform you about new Services or other promotional activities;
(g)help with any issues or problems you may have with our Services or Website;
(h)assist us in performing our obligations or enforcing our rights under any Agreement with you; and
(i) understate research and analysis.
4.7. We will share Personal Information outside of our business if we have a good-faith belief that access, use, preservation, or disclosure of the data is reasonably necessary to:
(a)meet any applicable law, regulation, legal process, or enforceable governmental request;
(b)enforce applicable terms of our service, including investigation of potential violations;
(c)detect, prevent, or otherwise address fraud, security, or technical issues; and
(d)protect against harm to our rights, property, safety, users, or the public as required or permitted by law.
© Debt Free Limited 2021-2022 1
4.9. We may share aggregated, non-personally identifiable information publicly and with our contractors, service providers and other third parties (including marketing organisations such as Google).
4.11.You are solely responsible for complying with any laws and regulations that apply to your collection and use of your end users’ information, including Personal Information you collect about them from us or using Website technology (including Cookies or similar technologies).
4.12.We acknowledge our obligation regarding the handling, use, disclosure or processing of Personal Information under the Privacy Act 2020 (and part two of the Organisation for Economic Co-operation and Development (OECD) guidelines on the protection of privacy and trans
border flows of personal data) including any statutory requirements where relevant under the General Data Protection Regulation (GDPR). 4.13.If we become aware of any data breaches or disclosure of your Personal Information held by us that may result in serious harm to you, we will notify you in accordance with the Privacy Act 2020 or the requirements set out in the GDPR.
5.1. A cookie is a small text file placed on your device by a Website to capture information about your visit.
5.3. We receive information when you interact with and use our Website. We use server logs and different web analytic tools to help us record this information (including Cookies and other anonymous identifiers). These tools may gather information such as what browser and operating system you use, the Website address from which you came, and the Website you are going to when you leave our Website. We may also identify search terms, your location and what content or Services are viewed when visiting our Website.
5.4. You agree that:
(a)in most circumstances, you can adjust the settings on your browser to notify you when you are offered a cookie so you can decide whether or not to accept it. However, if you disable or block Cookies, our secure Services (such as online payments) won’t work, and other parts of our Website may not work correctly; and
5.5. Session Cookies:
(a)we use session Cookies to identify a particular session on our Website. A session is the time you visited and spent on our Website using a specific device. The information collected from the session (which may or may not identify you personally) is about your browsing activities on our Website, such as what buttons you clicked, what pages you visited, what content we displayed to you, and information you entered on our Website. We don’t monitor your activity after you have left our Website, and we do not watch what you are doing on other Websites simultaneously as you are using ours;
(b)every time you go back to our Website using the same device in the same session, the Website will recognise what happened previously with the browsing activities on that device;
(c)we use persistent Cookies to give you the ability to set your preferences for our Website (such as bookmarking the business home page to your browser); and
(d)we may also use these Cookies for fraud detection and investigation. 5.6. Information collected by our Cookies will:
(a)identify you and your browser, and determine if your device has previously visited our Website;
(b)identify other pages or a third party’s Website you have accessed through our Website or when we provide you with a link to click; (c)help us to understand, optimise and personalise your experience; (d)improve our advertising and deliver you content or offers we think are most relevant; and
(e)detect malicious activity from your device that may place your security at risk.
5.7. You may set your browser to block all Cookies, including Cookies associated with our Website or Services, or indicate when we are using a
cookie. If you set your browser to reject all Cookies, however, you may not be able to use all of the features and functionalities of our Website.
6. STORAGE AND SECURITY OF INFORMATION
6.1. We always try to ensure that our information is accurate and up to date. We will maintain security safeguards to protect your information and take all reasonable steps to ensure that your information is not disclosed to any unauthorised person or entity.
6.2. We use encryption to protect your private information as you enter it on our Website, such as the Secure Socket Layer (SSL) protocol. When you pay online by credit card, we use a PCI-DSS compliant third-party payment gateway to process the payment securely.
6.3. We keep your Personal Information only as long as we need it for the purposes for which it was initially collected (or to which you have consented), for other legitimate purposes (such as regulatory compliance) or as required by applicable laws.
6.4. We may store the Personal Information we collect in any format we choose at our offices or premises outside our offices, including data storage facilities or online storage located within or outside New Zealand, which independent service contractors may operate, where your Personal Information is transferred outside New Zealand.
7. EMBEDDED CONTENT FROM OTHER WEBSITES
7.2. Our Website may also contain links and advertisements which link to third party Websites. We have no control over the privacy policies of such third parties, and we encourage you to review such policies before providing any information.
8. ACCESS AND CORRECTION OF INFORMATION
9.1. Resolving complaints: When we receive formal written complaints, we respond by contacting the person who made the complaint. We work with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of your data that we cannot resolve with you directly.
9.3. Legal Basis For Collecting Information: We process your Personal Information based on your written or oral consent. You may withdraw your consent at any time. The withdrawal of consent will not affect the lawfulness of processing Personal Information based on consent before its withdrawal.