Welcome to www.tbwa.co.nz (the “Site”), a website provided by TBWA New Zealand Limited. ("Company"). Company recognises the importance of protecting your privacy, and this policy covers Company’s collection, use, storage and disclosure of information collected by it through the Site or from other sources in the ordinary course of business (including, but not limited to, employees of Company who supply information to Company during the course of their employment).
Any personal information collected by Company is controlled by Company at 11 Mayoral Drive, Auckland 1010, New Zealand. Questions and other requests for additional information regarding Company’s handling of personal information or otherwise relating to this policy should be promptly sent to Company as set forth in Section 17.
2. Service Terms
If you intend to use the Site, your use of the Site is at all times subject to the service terms contained on the Site (“Service Terms”), and this policy. You should review this policy carefully, and be sure you understand it, prior to using the Site. Using the Site is deemed to be irrevocable acceptance of this policy. If you do not agree to this policy, you should not use, but should immediately exit, the Site. For purposes of this policy, accessing the Site only to review this policy is not deemed to be use of the Site.
3. Personal Information Collected
Company may collect your personal information directly from you when you use the Site and from other sources where you authorise us to so in the ordinary course of business. It does not, however, collect any personal information from you through the Site, unless it is provided voluntarily. If you decide to provide your personal information, Company will only use your personal information for the purposes for which it was collected, including to fulfil your requests or for Company's other legitimate business purposes (including, but not limited to, sharing the personal information with third parties in accordance with section 6, and marketing). If you refuse to provide your personal information when requested to do so on the Site, you may not be able to access, or otherwise enjoy the benefits of, certain features of the Site.
Company complies with all applicable laws relating to your personal information. While the Site is not intended for children under 13 years of age, if the parent or guardian of a user who is a minor discovers that the minor’s personal information has been submitted to Company without the parent’s or guardian's consent, Company will use commercially reasonable efforts to remove such personal information from the Site and Company's servers at the parent’s or guardian's request. To request the removal of personal information of a minor, the parent or guardian must contact Company as set forth in Section 17, and provide, along with the request, the minor’s user name and legal name.
5. Protection of Personal Information
Except as provided in the immediately following sentence, Company will take such security safeguards as are reasonable in the circumstances to protect your personal information from loss, unauthorised access, use, disclosure, modification or destruction and other misuse. Certain personal information posted by you on the Site may be accessible to the general public, and Company is not responsible for protecting such information from unauthorised disclosure or destruction, loss or misuse. Since no transmission of information over the Internet or electronic storage of information is completely secure, it is possible that your personal information could be disclosed or destroyed without authorization, lost or misused, even if Company uses such efforts. In providing personal information to Company, you must assume the risk that any such disclosure, destruction, loss or misuse could occur.
6. Use of Personal Information
Any personal information collected by Company may be used by it for any legitimate business purpose (including, but not limited to, marketing), unless expressly stated otherwise in this Section. Personal information that Company expressly states is collected for a specific purpose will only be retained and used for such purpose or a directly related purpose, unless you subsequently consent to its being used for another purpose. When you provide personal information to Company, whether or not for a specific purpose, Company may disclose such information to third parties (including, but is not limited to, other related companies of the Company, fulfilment houses, billing services, transaction managers, credit verification services, and other third-party service providers) that Company has engaged to assist it in fulfilling your request or for other purposes permitted under this policy. Company may at any time, in its sole discretion, disclose and use any information (including, but not limited to, IP addresses), whether or not you furnished such information for a specific purpose, as appropriate to (a) comply with any applicable law or government request, (b) cooperate with law enforcement and other third parties in investigating a claim of fraud, illegal activity, or infringement of intellectual property rights, or as otherwise permitted by law.
7. Analytical Information Collected
Company may collect through the use of “cookies” certain analytical information (including, but not limited to, IP address and its location, access date and time, connection speed, language, browser, operating system and computer used, and other analytical information), which is generally not personally identifiable, from you when you access the Site (collectively “Analytical Information”). Cookies are code placed on your computer by the Site that enable the Site to, among other things, recognise you as a prior user of the Site, provide the Site with details of your prior use and otherwise assist Company in making the Site more useful to you. Company may use permanent cookies that are saved on your computer until you delete them, and session cookies that are automatically deleted when your browser is closed. Your browser may provide you with the ability to not accept cookies, as well as the ability to delete already-existing cookies. If you refuse or delete cookies from the Site, you may not be able to take full advantage of some of the features on the Site.
8. Use of Analytical Information
Analytical Information will only be used by Company (a) to record your use of the Site, (b) to diagnose problems with the Site, (c) to improve the Site and make it more useful to users, and (d) for other legitimate business purposes of Company (including, but not limited to, marketing). However, Analytical Information will not be used by Company to examine other websites visited by you before or after your using the Site.
9. Third-Party Sites
You may from time to time send Company an e-mail message in connection with your use of the Site or in the ordinary course of business. If you do, Company may collect and store your e-mail address and the contents of your message. Your e-mail address and the contents of your message will be used by Company to respond to you or for other legitimate business purposes.
Upon your request, you will be granted access to your personal information retained by Company, except where the rights of a third party would be violated. You may also request the correction, amendment or deletion of that information. You should contact Company for this purpose as set forth in Section 17.
12. Applicable Law
This policy will be governed by, and construed in accordance with, the laws of New Zealand, without regard to principles of conflict of laws.
You and Company (a) will submit any dispute relating to this policy exclusively to a state or local court located in New Zealand and having subject matter jurisdiction over such dispute, and (b) consent to any such court being a proper venue, and waive any objection to its not being a proper venue (including, but not limited to, any such objection based on convenience), for such dispute. If you have a complaint, or desire additional information, regarding Company’s handling of personal information, including your right to access, and request correction of, your personal information, or otherwise relating to this policy, you should promptly contact Company as set forth in Section 17.
14. Entire Agreement
This policy, plus the Service Terms contained on the Site, if applicable, contain the entire agreement, and supersedes all prior oral and written proposals, understandings and agreements, between you and Company with respect to your personal information collected by Company.
Whenever possible, each provision of this policy shall be interpreted to be effective and valid under applicable law. If, however, any such provision shall be prohibited by or invalid under such law, it shall be deemed modified to conform to the minimum requirements of such law, or if for any reason it is not so modified, it shall be prohibited or invalid only to the extent of such prohibition or invalidity without the remainder of such provision, or any other provision of this policy, being prohibited or invalid.
Company may revise any provision of this policy from time to time by posting the revised provision on the Site, with the revised provision taking effect as of the date of such posting. It is your responsibility to periodically check this policy on the Site for such revisions. Your use of the Site following the posting of any revision to this policy on the Site will be deemed an irrevocable acceptance by you of such revision so far as it relates to any personal information collected by Company through the Site.
17. Additional Information
If you have any questions, complaints or desire additional information regarding Company’s handling of personal information, including your right to access, and request correction of, your personal information, or otherwise relating to this policy, please promptly contact:
Chief Operating Officer
TBWA New Zealand
11 Mayoral Drive
Auckland 1010, New Zealand
Effective Date: 1 December, 2017