Terms of Use

Terms


1. Application and acceptance of Terms

1.1 These terms and conditions (the Terms) apply to any person accessing, providing content for, making purchases from or otherwise using any online service offered by Strategic Pay Limited and its related companies, successors and assigns (Strategic Pay) including (without limitation) the Strategic Pay website, subscriber-only content, online surveys and order forms for the purchase of goods or services from Strategic Pay (the Online Services).

1.2 By viewing, participating in or otherwise using any Online Service, you are deemed to agree to these Terms without qualification.

1.3 Strategic Pay may amend or replace any or all of these Terms at any time without notice to you by publishing an amended version of these Terms on the Strategic Pay website. By continuing to use any Online Service, you are deemed to agree to the amended Terms.

2. Online Purchases

2.1 Where you purchase any goods or services from Strategic Pay using an Online Service, the payment terms specified on any order form or otherwise in relation to those goods or services will apply. Unless otherwise specified, full payment in advance is required for all online purchases.

2.2 Strategic Pay reserves the right to amend its charges for any Online Service at any time.

3. Use of Online Services

3.1 You represent and warrant that:

3.1.1 any data you submit to Strategic Pay is complete, accurate and up-to-date;

3.1.2 where you disclose personal information to Strategic Pay relating to any person other than yourself, you are authorised to disclose that personal information to Strategic Pay;

3.1.3 you will not use any Online Service for any unlawful or prohibited purpose or in any manner which may restrict or interfere with the operation of the Online Service by Strategic Pay or the use of the Online Service by any other person; and

3.1.4 you will not use or allow any website owned and/or operated by Strategic Pay to be used in any way that infringes any intellectual property or other rights of any third party.

3.2 Strategic Pay may restrict the access of any subscriber-only content to nominated individuals. You undertake to ensure that any secure login details provided by Strategic Pay for individual use are used only by the individual to whom they are provided, are securely stored, and are not disclosed to or used by any other person without the express consent of Strategic Pay.

3.3 You indemnify Strategic Pay for any loss or damage suffered in relation to your use or misuse of any Online Service, any infringement of third-party rights in relation to content or data submitted by you, or any breach by you of these Terms.

3.4 The Online Services may include links to third-party materials. Strategic Pay will not be responsible for the contents of any linked site or liable for any direct or indirect loss or damage suffered by you as a result of you accessing, using, relying on or trading with any party through a linked site. The inclusion of any link does not imply that Strategic Pay endorses or has any association with the operator of the linked site.

3.5 Strategic Pay will not provide financial, legal or other professional advice as part of any Online Service, and no material made available to you through any Online Service will be construed as such advice, or relied upon in any way.

3.6 The Strategic Pay website may use “cookies” which are small amounts of information stored on your computer by our website server. These “cookies” identify your browser but do not identify you personally and no sensitive information is stored within this website.

4. Copyright

4.1 The contents of all Online Services and any materials purchased via Online Services (including, without limitation, remuneration reports, workshop materials, resources, tools, and any other material produced by or on behalf of Strategic Pay) are the copyright of Strategic Pay.

4.2 No part of any Online Service or any materials purchased from Strategic Pay may be distributed or copied for any commercial purpose and you are not permitted to incorporate the material or any part of it into any other work or publication (whether in hard copy, electronic, link or any other form) without the prior written consent of Strategic Pay.

4.3 No part of any Online Service may be reproduced, transmitted or stored (including in any other website or electronic form) except that you may print, or download to your hard drive, extracts from the website for your own personal use. You may not remove or alter any trademarks, logos or other content of any Online Service or material or reports purchased from Strategic Pay.

4.4 Remuneration reports and other materials purchased from Strategic Pay are for the use of the purchaser only and may not be reproduced, transmitted or otherwise disclosed to any third party without the prior written consent of Strategic Pay. Strategic Pay reserves the right to assign unique identifying codes or marks to such materials for the purposes of enforcement of these Terms.

4.5 Where you upload, post, input or otherwise submit information to Strategic Pay, you grant Strategic Pay a world-wide, non-exclusive, royalty-free, irrevocable licence to use that information in connection with the operation of its business including (without limitation) the right to reproduce, modify, publish, adapt or otherwise use that material, provided that remuneration data submitted by you as part of any survey will not be published in any way that may identify you as the submitter of that data.

5. Availability of Online Services

5.1 Strategic Pay reserves the right to make any Online Service unavailable without notice at any time for any reason. Strategic Pay will not be liable for any loss or damage resulting from any interruption or suspension of any Online Service.

5.2 Strategic Pay may terminate your access to any Online Service at any time, for any reason and without compensation to you.

6. Disclaimer

6.1 Unless otherwise specified by us, Strategic Pay does not warrant or guarantee that the content of any Online Services will be current, accurate or complete when you access that Online Service. You must make your own assessment of the suitability of such material for any intended use and must not rely on any such information without the prior written consent of Strategic Pay.

6.2 You use the Online Services at your own risk. Strategic Pay is not liable for any direct, indirect, special, consequential, punitive or exemplary damages of any kind whatsoever, including any lost data, lost business, lost profits, injury, claim, liability or damage or failure of security resulting in any way from the use of any Online Service, whether foreseeable or not.

6.3 To the extent that Strategic Pay is held liable for any loss or damage relating to any Online Service, the liability of Strategic Pay is limited to the amount paid by the customer for the Online Service to which the claim relates during the period of one calendar month preceding the date on which the claim is notified to Strategic Pay.

7. Retention and use of information

7.1 Strategic Pay may retain any information submitted in relation to any Online Service for as long as Strategic Pay deems necessary or appropriate for its business or activities. Any such information retained by Strategic Pay will be securely stored and used only in accordance with these Terms (as amended from time to time).

8. Privacy and data protection

8.1 Strategic Pay may collect personal information about you through your use of the Online Services, including registration details, use and access information and information provided by you as part of any surveys. You consent to the collection of such information as a condition of use of the Online Services.

8.2 Strategic Pay will collect, store, and use personal information in accordance with the Privacy Act 1993 and with the PRIVACY POLICY > of Strategic Pay.

8.3 If you have any queries or concerns in relation to your personal information, please contact our privacy officer at info@strategicpay.co.nz.

9. Commercial electronic messages

9.1 By providing your personal contact details to Strategic Pay, you consent to receiving commercial electronic messages from Strategic Pay and its associates. You may revoke your consent to unsolicited commercial electronic messages at any time by notice in writing to the sender or using “unsubscribe” facilities.

10. Consumer Guarantees Act

10.1 The Consumer Guarantees Act 1993 does not apply to the use of any Online Services where you acquire, or hold yourself out as acquiring, those Online Services for the purposes of a business.

11. General

11.1 Subject to any terms that may be implied by law, these Terms form the entire agreement between the parties in relation to the provision and use of the Online Services.

11.2 These Terms are governed by and will be construed in accordance with New Zealand Law, and the parties submit to the exclusive jurisdiction of the courts of New Zealand in relation to any claim arising in relation to these Terms.

11.3 If any provision of these Terms is contrary to any applicable law and as a consequence is illegal, invalid or unenforceable, then:

11.3.1 Where the offending provision can be read down so as to give it a valid and enforceable operation of a partial nature, it must be read down to the minimum extent necessary to achieve that result; and

11.3.2 In any other case the offending provision must be severed from these Terms, in which event the remaining provisions of these Terms operate as if the severed provision had not been included.

11.4 The failure of Strategic Pay to enforce any provision of these Terms will not be treated as a waiver of that provision, nor will it affect the right of Strategic Pay to enforce that provision in the future.
 

Strategic Pay Privacy Statement

Introduction

Strategic Pay is strongly committed to protecting personal data. This privacy statement describes why
and how we collect and use personal data and provides information about individuals’ rights. It applies to
personal data provided to us, both by individuals themselves or by others. We may use personal data
provided to us for any of the purposes described in this privacy statement or as otherwise stated at the
point of collection.

This privacy policy applies to Strategic Pay Limited (NZBN 9429036508785) (together "Strategic Pay” or
“we”) operations in New Zealand. This policy explains how Strategic Pay handles personal information
and complies with the requirements of the New Zealand Privacy Act 1993 ("Privacy Act"). If you have any
further questions in relation to this policy, please contact our Privacy Officer info@strategicpay.co.nz
Personal information or personal data is information about an identifiable living person. When “you” or
“your” are used in this statement, we are referring to the relevant individual who is the subject of the
personal data.

Processing is how we sometimes refer to the handling, collecting, protecting or storing of your personal
data. Strategic Pay processes personal data for numerous purposes, and the means of collection, lawful
basis of processing, use, disclosure, and retention periods for each purpose may differ.
When collecting and using personal data, our policy is to be transparent about why and how we process
personal data.

Collection of Personal Information
Strategic Pay collects, holds and processes personal information from clients, suppliers, employees,
contractors and other individuals. We collect and hold this information when it is necessary for business
purposes.

The main types of personal information Strategic Pay collects, holds and processes relate to the contact
details and organisational roles of our clients, suppliers and other business contacts. Typically, this
information includes names, addresses, telephone numbers, e-mail addresses and job titles. In the course
of providing professional services to our clients, we may collect and hold more detailed personal
information.

We generally do not intend to collect and we ask you not to submit any special categories of personal
information. Special categories of personal information include race or ethnic origin; political opinions or
political affiliations; religious or philosophical beliefs; trade union membership; physical or mental health;
genetic data; biometric data that uniquely identifies someone; sexual life or sexual orientation; and
criminal records.

If you choose to provide special categories of personal information about yourself to us for any reason, the
act of doing so constitutes your explicit consent, where such consent is necessary and valid under
applicable law, for us to collect and use that information as necessary in the ways described in this privacy
policy or as described at the point you choose to disclose this information.
We collect most information directly from individuals when we deal with them. The personal information
we collect may be provided in forms filled out by individuals, face to face meetings, email messages,
telephone conversations, when you use our websites or our social media, or by third parties. If you contact
us, we may keep a record of that contact.

Because of the nature of our business, it is generally impracticable for us to deal with individuals on an
anonymous basis or through the use of a pseudonym, although sometimes this is possible (for example,
when seeking staff or client feedback generally).

Our Legal Grounds for processing your personal data

We rely on one or more of the following processing conditions:

  • our legitimate interests in the effective delivery of information and services to you and in the effective and lawful operation of our businesses and the legitimate interests of our clients in receiving professional services from us as part of running their organisation (provided these do not interfere with your fundamental rights);
  • our legitimate interests in developing and improving our businesses, services and offerings and in developing new Strategic Pay technologies and offerings (provided these do not interfere with your fundamental rights);
  • our legitimate interests in maintaining the security of our and our client’s data and in ensuring the quality of our services;
  • to satisfy any requirement of law, regulation or professional body of which we are a member.
  • to perform our obligations under a contractual relationship with you; or
  • where no other processing condition is available, if you have agreed to us processing your personal information for the relevant purpose.
Why we process personal information

The primary purposes for which we collect, hold and process personal information are:
  • to provide professional services to our clients: we provide a diverse range of services to our clients. Some of our services require us to collect and process personal data in order to provide advice and deliverables.
  • to respond to an individual's request;
  • to maintain contact with clients;
  • administering, managing and developing our business and services: This includes:
  • managing our relationship with clients and prospective clients;
  • developing our business and services (such as identifying client needs and improvements in service delivery);
  • analysing and evaluating the strength of interactions between Strategic Pay and a contact;
  • performing analytics, including producing metrics for Strategic Pay leadership, such as trends, relationship maps, sales intelligence and progress against account business goals;
  • administering and managing IT systems, websites and applications; and
  • hosting or facilitating the hosting of events.
  • providing our clients and prospective clients with information about us and our range of services : we use client and prospective client business contact details to provide information that we think will be of interest about us and our services in accordance with any permissions required by law. This includes industry updates and insights, other services that may be relevant and invites to events;
  • for general management and reporting purposes, such as invoicing and account management;
  • for recruitment purposes;
  • for purposes related to the employment of our personnel and providing internal services to our staff;
  • receiving services: we process personal data in relation to our suppliers and their staff as necessary to
    receive the services they are contracted to provide;
  • security, quality and risk management activities: we have security measures in place to protect our
    and our client’s information (including personal data), which involve detecting, investigating and
    resolving security threats. Personal data may be processed as part of the security monitoring that we
    undertake; for example, automated scans to identify harmful emails. We monitor the services provided
    to clients for quality purposes, which may involve processing personal data stored on the relevant
    client file. We have in place policies and procedures to monitor the quality of our services and manage
    risks in relation to client engagements. We collect and hold personal data as part of our client
    engagement and acceptance procedures.
  • complying with any requirements of law, regulation or a professional body of which we are a member:
    as with any provider of professional services, we are subject to legal, regulatory and professional
    obligations. We need to keep certain records to demonstrate that our services are provided in
    compliance with those obligations and those records may contain personal data; and
  • other purposes related to our business.
We may keep a record of your Personal Information, correspondence or comments in a file specific to you.
We will utilize or retain your Personal Information for as long as necessary to fulfil the purposes for which
that Personal Information was collected and as permitted or required by law. We will disclose personal
information only when required by law or on your request.

If you choose not to provide us with personal information, we may be unable to do such things.
We may collect, hold and use personal information about individuals to market our services, including by
email. However, individuals always have the opportunity to elect not to receive further marketing
information from us by writing to the Privacy Officer at info@strategicpay.co.nz. Please allow 20 working
days for your request to be processed.

Alternatively, if we have contacted you by email, you may use the unsubscribe function in that email to
notify us that you do not want to receive further marketing information from us by email.
If we collect, hold or use personal information in ways other than as stated in this policy, we will ensure we
do so pursuant to the requirements of the Privacy Act.

Disclosure of personal information

Strategic Pay does not routinely disclose personal information to other organisations unless:
  • use or disclosure is permitted by this policy;
  • we believe it is necessary to provide you with a product or service which you have requested (or, in the case of a partner, employee or contractor of Strategic Pay, it is necessary for maintaining or related to your role at Strategic Pay);
  • to protect the rights, property or personal safety of any member of the public or a customer of Strategic Pay or the interests of Strategic Pay;
  • some or all of the assets or operations of Strategic Pay are or may be transferred to another party as part of the sale of some or all of Strategic Pay' business;
  • you give your consent; or
  • such disclosure is otherwise required or permitted by law, regulation, rule or professional standard. This would potentially involve disclosure as necessary to law enforcement, regulatory and other government agencies and to professional bodies.
  • We may also disclose personal information under the following circumstances:
    • with professional advisers, for example, law firms, as necessary to establish, exercise or defend our legal rights and obtain advice in connection with the running of our business. Personal data may be shared with these advisers as necessary in connection with the services they have been engaged to provide;
    • when explicitly requested by you;
    • when required to deliver publications or reference materials requested by you;
    • when required to facilitate conferences or events hosted by a third party;
We may also share non-personal, de-identified and aggregated information for research or promotional
purposes. We do not sell to or trade personal information with third parties.

Strategic Pay uses a range of service providers to help us maximise the quality and efficiency of our
services and our business operations (including internal business requirements, such as recruitment and
human capital requirements). We may transfer or disclose the personal data we collect to third party
contractors, subcontractors, and/or their subsidiaries and affiliates. This means that individuals and
organisations outside of Strategic Pay will sometimes have access to personal information held by
Strategic Pay and may collect or use it from or on behalf of Strategic Pay. This may include, but is not
limited to, independent contractors and consultants, travel service providers, mail houses, off-site security
storage providers, information technology providers, event managers, credit managers, debt collecting
agencies, website hosting and management, data analysis, data backup, security and cloud storage
services. The third party providers may use their own third party subcontractors that have access to
personal data (subprocessors). It is our policy to use only service providers and third party providers that
are bound to maintain appropriate levels of security and confidentiality, to process personal information
only as instructed by Strategic Pay and in accordance with our privacy guidelines and not to keep, use or
disclose personal information we provide to them for any unauthorised purposes. We also require the flow
of those same obligations down to their sub-processors. If Strategic Pay's staff obtain products or services
offered by a third party pursuant to an agreement or arrangement between that third party and Strategic
Pay, such as a credit card provider, we may provide your personal information to that third party, including
information that relates to your use of such services.

We will only share personal data with others when we are legally permitted to do so. When we share data
with others, we put contractual arrangements and security mechanisms in place as appropriate to protect
the data and to comply with our data protection, confidentiality and security standards.

Retention

We retain personal data processed by us for as long as is necessary for the purpose for which it was
collected. Personal data may be held longer periods where extended retention periods are required by law
or regulation and as necessary in order to defend our legal rights.

Storage of information in cloud systems

Strategic Pay may store personal information within services provided by offshore cloud service providers
(CSP).

Privacy on our web sites and applications

This policy also applies to any personal information we collect via our websites, including StrategicPay.co.nz, and applications including mobile applications. In addition to personal information you provide
to us directly (such as where you make a request or complete a registration form).
In order to properly manage our websites and applications, we may log certain statistics about the users of
the facilities, for example the users' domains and browser types. None of this information specifically
identifies an individual and it is used solely to ensure that our websites and applications provide the best
possible navigational experience for users.
Cookies and web beacons are used on some Strategic Pay websites.
Cookies are small text files that are placed on your computer by the websites that you visit. They are
widely used in order to make websites work, or work more efficiently, as well as to provide information to
the owners of the site. If you are uncomfortable with the use of cookies, you can manage and control them
through your browser, including removing cookies by deleting them from your ‘browser history’ (cache)
when you leave the site. In most cases, you can refuse a cookie and still fully navigate the Strategic Pay
websites.

A web beacon is a clear picture file used to keep track of your navigation through a website. Along with
cookies, web beacons help us gain an understanding of how users of Strategic Pay websites navigate
through and process the content contained in those websites. On occasion Strategic Pay will advertise on
third party websites. As part of the tracking process for advertising campaigns we may at times use web
beacons to count visitors who have come to the Strategic Pay websites after being exposed to Strategic
Pay advertising on a third party site.

We do not use this technology to access your personal information.

If you have registered an account with us, you will be identified by a user name and password when you
log into our website or applications. The information we collect about members' use of our websites may
be used for measuring use and performance and in assisting to resolve any technical difficulties.

Because Strategic Pay wants your user experience to be as informative and resourceful as possible, we
provide a number of links to websites and embedded content operated by third parties that may also set
cookies and web beacons. Strategic Pay is not responsible for the privacy practices or policies of those
sites. We encourage you to review each website's privacy policy, especially if you intend to disclose any
personal information via that site. A link to another non-Strategic Pay website is not an express or implied
endorsement, promotion or warranty of the products or services offered by or accessible through that site
or advertised on that site.

Security of personal information

Depending on the purpose for which we have collected personal information (for example, registration for
a Strategic Pay event or a request for particular information or material), we may store some of the
information electronically in Strategic Pay' customer relationship management system. Some or all of this
personal information may be available to authorised staff of Strategic Pay for use in accordance with this
policy.

Strategic Pay will endeavour to take all reasonable steps to keep secure any information which we hold
about you, whether electronically or in hard-copy, and to keep this information accurate and up to date.
We also require our employees and data processors to respect the confidentiality of any personal
information held by Strategic Pay.

Strategic Pay aims to achieve industry best practice in the security of personal information which it holds.
It is our policy not to retain personal information once there is no longer a legal or business need for us to
do so.

ACCESS TO INFORMATION
We will provide access to personal information upon request by an individual, except in the limited
circumstances in which it is permitted for us to withhold this information (for instance, where granting
access would infringe another person’s privacy).

When you make a request to access personal information, we will require you to provide some form of
identification (such as driver’s licence or passport) so we can verify that you are the person to whom the
information relates. In some cases we may also request an administrative fee to cover the cost of access.
If at any time you want to know what personal information we hold about you, you may contact us by email
the Privacy Officer at info@strategicpay.co.nz.

Residents in the European Economic Area

If you are a resident in the European Economic Area, you have the following rights in relation to your
personal information (where applicable):
1 Access. You have the right to request a copy of the personal information we are processing about you.
For your own privacy and security, at our discretion we may require you to prove your identity before
providing the requested information.
2 Rectification. You have the right to have incomplete or inaccurate personal information that we
process about you rectified.
3 Deletion. You have the right to request that we delete personal information that we process about you,
except we are not obliged to do so if we need to retain such data in order to comply with a legal
obligation or to establish, exercise or defend legal claims.
4 Restriction. You have the right to restrict our processing of your personal information where you
believe such data to be inaccurate; our processing is unlawful; or that we no longer need to process
such data for a particular purpose unless we are not able to delete the data due to a legal or other
obligation or because you do not wish for us to delete it.
5 Portability. You have the right to obtain personal information we hold about you, in a structured,
electronic format, and to transmit such data to another data controller, where this is (a) personal
information which you have provided to us, and (b) if we are processing that data on the basis of your
consent or to perform a contract with you.
6 Objection. Where the legal justification for our processing of your personal information is our legitimate
interest, you have the right to object to such processing on grounds relating to your particular situation.
We will abide by your request unless we have compelling legitimate grounds for the processing

Withdrawing Consent. If you have consented to our processing of your personal information, you have the
right to withdraw your consent at any time, free of charge. This includes cases where you wish to opt out
from marketing messages that you receive from us.

To make a request to exercise any of these rights in relation to your personal information, please email,
call or write to us using the contact information listed below in the “Introduction” and “Correction and
Concerns” sections.

CORRECTIONS AND CONCERNS
If you believe that information we hold about you is incorrect or out of date, or if you have concerns about
how we are handling your personal information, please contact us and we will try to resolve those
concerns.

If you wish to have your personal information deleted, please let us know and we will take reasonable
steps to delete it (unless we need to keep it for legal, or internal risk management reasons, or compliance
with our professional obligations).

If Strategic Pay becomes aware of any ongoing concerns or problems concerning our privacy practices,
we will take these issues seriously and work to address these concerns. If you have any further queries
relating to our privacy policy, or you have a problem or complaint, please contact our Privacy Officer. If
you are not satisfied with our handling of your problem or complaint you may make a complaint to the
Office of the Privacy Commissioner (https://www.privacy.org.nz/about-us/contact/).

EFFECT OF POLICY
Strategic Pay operates in a dynamic business environment and we aim to review this policy annually to
keep it current.

Strategic Pay may update this privacy policy at any time by publishing an updated version on this website.
The amended policy will apply between us whether or not we have given you specific notice of any
change.

CHANGES TO THIS PRIVACY POLICY
This privacy policy was last updated on 06 June 2019.

We may update this privacy policy at any time by publishing an updated version here. So you know when
we make changes to this privacy policy, we will amend the revision date at the top of this statement. The
newly amended privacy statement will apply from that revision date. Therefore, we encourage you to
review this privacy statement periodically to stay informed about how we are protecting your information.