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.
4.1 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.
6.1 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.
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.
11.1 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 is committed to maintaining the privacy of the information of its clients and other people it deals with in the course of its business operations.
What is personal information?
Personal Information may include things like your name, your age or gender, your contact details (including phone numbers and email addresses), your location, biometric data about you, or a picture of you. It may also include information about your health, employment, finances, payments, opinions, preferences or beliefs.
If any information we collect personally identifies you, or enables you to be identified, then it will be Personal Information.
What personal information do we collect?
We may collect Personal Information about you in the course of operating our business or your accessing our website strategicpay.co.nz or our other online services. The types of Personal Information we collect are described below.
Details collected from our clients
If you are employed or engaged by one of our clients, we may collect personal information about you in the course of providing services or solutions to that client, or preparing proposals to that client for services or solutions to be provided. This information may include:
- Your name and contact details (including addresses, phone numbers and email addresses);
- Your age or date of birth;
- Details about your finances or employment status. These may include information about your job title, employment contract, remuneration and employment benefits; and
- Information about your interests and preferences, for example to enable us to tailor our services or solutions to better meet your needs.
Other details we may collect
We may collect other Personal Information about you in the course of operating our business. We may collect this Personal Information from you directly, or from our clients, suppliers or service providers. This Personal Information may include:
- Your name and contact details (including addresses, phone numbers and email addresses) – we may collect this information whenever we deal with you, for example when you order products or services from us, request information from us, or deal with our staff or customer services representatives or other agents.
- Your age or date of birth – you may be required to provide this information to us for identity verification purposes, or where required to verify that you are legally entitled to access certain products or services.
- Your image, sound or biometric details – we may collect this information when you enter any of our premises (i.e. via CCTV or video or audio recordings).
- Payment details – we may collect payment details from you whenever you order products or services from us.
- Information about your interests and preferences – we may collect this information when you access or browse our online services. For example, our cookies and tracking software may collect details of the pages you visit on our websites or other online services in order to better provide you with details of products and services that may be of interest to you.
- Passwords or user-names – if we allow you to establish a user or client account with us in connection with any online services we may offer, we may collect passwords or user-names from you when you establish that account us.
- Employment information – if you are employed or engaged by us, we may collect Personal Information in the course of that employment or engagement relationship. This information may include your name, contact details, emergency contact details, age, date of birth, health status, employment status and job title, employment terms and conditions, remuneration and other benefits, bank account details, IRD number, KiwiSaver details, and frequent flyer card numbers. We may also collect information about any user accounts or passwords you hold in the course of that employment or engagement relationship, as well as details of any online activities you engage in during the course of that employment or engagement relationship.
- Other information you provide – during the course of our dealings with you, we may collect your Personal Information in circumstances other than the ones described above. These circumstances may include where you provide us with Personal Information in the course of interacting with us through online forums, live chats or social media, or otherwise via our website; and
- Information we collect from others – in some circumstances, we may collect Personal Information about you from our contractors, agents, suppliers or service providers in the course of their providing services to us or assisting us with the provision of products or services to our clients or the operation of our business. These may include product suppliers, IT services providers, couriers and delivery service providers, call centres, finance providers, collection agencies or professional advisers.
Why we process personal information
We use and process Personal Information where necessary to perform our business activities and to provide products and services to our clients.
In particular, we use and process Personal Information for the purposes below.
- Where that Personal Information relates to employees or personnel of a client, to provide that client with products or services, or information about our products or services.
- To otherwise provide you with any products or services requested by you, or information about those products or services.
- To complete sales transactions, including billing, credit card processing, payment, receipt, credit check and verification services.
- To provide support and assistance in connection with products or services purchased or ordered by you or a client.
- To maintain our internal records.
- To verify your identity.
- To establish, maintain and operate any user or client accounts held with us.
- To enable you to access secure areas of our online services (for example, where access is by username and password only).
- To provide you with information or notices about our online services, for example email updates about service availability.
- To provide technical support and administration services in relation to our online services.
- To personalise and customise your experience with us.
- For product development, planning or research purposes.
- In the case of Personal Information about any person employed or engaged by us, to enforce our rights and fulfil our obligations under that employment or engagement relationship and to otherwise manage that relationship.
- To evaluate client satisfaction and the performance of marketing activities.
- To manage and enhance our products and services.
- To conduct business processing functions in relation to the operation of our business.
- To help prevent unlawful activity.
- To investigate and take action in connection with any suspected unlawful activity, or suspected breaches of any agreement between you and us.
- To evaluate, defend or otherwise deal with any claim in relation to any of our products or services, or otherwise in connection with our business activities.
- As otherwise reasonably necessary to enable us to undertake our legitimate business activities.
- As otherwise required or permitted by any law (including the Privacy Act 2020).
We may provide your Personal Information to third parties where reasonably necessary for any of the purposes above. These may include IT service or software providers, cloud storage providers, distributors, suppliers, resellers, call centres, couriers, transportation providers, logistics providers, collection agencies, finance providers, consultants, business partners, professional advisers, governmental agencies, enforcement agencies, our directors and shareholders, our financiers, our investors, and key stakeholders in our business.
- To recognise your computer or device when you access our websites or online services, without requiring a login.
- To keep track of the products or services you view, so we can send you information about those products or services, or about other products or services that we think you may be interested in.
- To learn about user preferences so that we can present users with content and advertising that is relevant to them.
- To measure traffic patterns, to determine which areas of our websites or online services have been visited, and to measure transaction patterns in the aggregate.
- To research the habits and preferences of our users so we can improve our products and services.
- To allow us to operate our online services efficiently.
- To measure the effectiveness of our marketing activities.
You may be able to change the settings on the device that you use to access our websites or online services in order to reject or limit the use of such cookies or tracking technologies. But if you do so, it may reduce or limit the functionality of our websites or online services.
Statistical and aggregated data
We will not sell any of your Personal Information to any person, unless you have expressly given us permission to do so.
We may use Personal Information collected by us to send or email to you marketing or promotional information about our services or products, or the services or products of other companies, but only if you have expressly given us permission to do so.
Holding personal information
We will not hold your Personal Information for longer than is reasonably required for the purposes for which it was collected. Personal Information may be held for longer periods where extended retention periods are required by law or regulation, or as necessary in order to enforce or defend our legal rights.
We will use all reasonable endeavours to effect and maintain adequate security measures to safeguard your Personal Information and other data we hold from loss, unauthorised access, use, modification or disclosure. If you suspect any loss, unauthorised access, use, modification or disclosure of your Personal Information, please let us know immediately.
Transfer of personal information
We may transfer your Personal Information to or from other countries where necessary to achieve any of the purposes specified in the “Why we process Personal Information” section above. If you are New Zealand-based and we transfer your Personal Information outside New Zealand, we will ensure that appropriate safeguards are in place with the recipient of that Personal Information, as prescribed by the Privacy Act 2020, before we transfer that Personal Information.
Your rights to access and correct personal information
You may request access to any Personal Information we hold about you. You may also request that we correct the Personal Information we hold about you.
All access or correction requests will be dealt with in accordance with applicable law, including the Privacy Act 2020.
To make an access or correction request, please contact our Privacy Officer (see below) and he/she will tell you how to make a request. If you make a request, we may ask you to verify your identity.
Strategic Pay Privacy Officer