Terms and Conditions and Privacy Policy

TERMS AND CONDITIONS

INTRODUCTION
www.PickTiki.nz (‘this website’) is owned and operated by New Zealand Apples and
Pears Inc and Horticulture New Zealand (‘Pick Tiki’, ‘we’, ‘us’, ‘our’). These terms of
use constitute an agreement made between you, the website user, (‘you’, ‘your’ and
us). You must not access or use this website unless you accept all of these terms of
use. By accessing and using this website you are agreeing that you have read,
understood and accepted these terms of use, and agree to be bound by them.


YOUR PRIVACY
Where we collect personal information about you as a result of your accessing and
using this website, our Privacy Policy will apply to that information. Accordingly,
these terms and conditions must be read together with our Privacy Policy;


CHANGES
We reserve the right to add to, modify, or remove this website or any information,
feature, specification, or other part of this website (at any time and without notice to
you). We reserve the right to change these terms and conditions from time to time by
publishing the changed terms on this website. You should review these terms and
conditions periodically to be aware of such changes. Your continuing access or use
of this website following such publication shall be deemed your acceptance of the
revised terms and conditions.


YOUR USE OF THIS WEBSITE
You agree not to use this website for any purpose that is unlawful or to engage in
any conduct that is likely to impair or cause damage to the operation of this website
whether by way of a virus, corrupted file or through use of any other software or
program. Furthermore, you agree not to alter, modify, reproduce, transmit or
otherwise deal with the content, software, text, graphics, layout or design of this
website without our prior written approval.


USER CONTENT

This website enables you to submit information and other user-supplied content
(‘user content’) for the purpose of creating job advertisements, or otherwise. By
creating, modifying, transmitting, uploading, or submitting any user content, you:
a) grant us a non-exclusive, royalty-free, fully paid-up, worldwide, perpetual,
irrevocable, licence to publicly display and make your user content available,
excluding personal details, (by all means and in any media now known or hereafter
developed) to other users of this website and other users of our services in such
manner as we may permit from time to time; and
b) acknowledge and agree that no royalties or other remuneration will be paid or
payable to you for your user content, or for the granting of the rights described
above. We have no obligation to you to make this website or any user content
available. We may at any time edit, refuse to display, or remove any part of this
website (including your user content) as we deem appropriate.


INTELLECTUAL PROPERTY
The materials displayed on this website are protected by copyright and other laws of
New Zealand, and under similar laws and international conventions abroad. You
acknowledge and agree that all copyright and other intellectual property rights that
may subsist in this website including text, illustrations, photographs, video, music,
sounds, layout, designs, source code, belong to us or to our licensors (together, ‘our
intellectual property’). Except with our prior written permission, you may not in any
form or by any means:
a) use, copy, modify, adapt, reproduce, store, distribute, print, display, perform,
publish, or create in any way any works contained in any part of this website; or
b) commercialise any information, products or services obtained from any part of this
website.


FEEDBACK AND UNSOLICITED SUBMISSIONS
If you give us feedback about this website or our products or services, you grant us
the right to use that feedback for the purpose of improving our website or services
(and for any other purpose we deem necessary or desirable) without being obliged to
pay you any compensation in respect of our use of that feedback. If you do send us
unsolicited ideas:
1. they will be treated as if they were ‘user content’ in accordance with these
terms of use; and
2. they will be deemed to be non-confidential; and
3. we will not be required to provide any acknowledgement of their source.


ELECTRONIC COMMUNICATIONS

You consent to receiving communications from us electronically and you agree that
all agreements, notices, disclosures and other communications that we provide to
you electronically satisfy any legal requirement that such communications be in
writing. You agree to be bound by any agreement reached through electronic
communications in terms of the Electronic Transactions Act 2002. You consent to
receiving electronic messages and information sent by us (or on our behalf) for any
purposes described in our privacy policy. You agree, pursuant to section 11(2) of the
Unsolicited Electronic Messages Act 2007, that the person sending any such
message need not include a functional unsubscribe facility in that message.


DISCLAIMERS

While we endeavour to ensure that the content of this website is free from errors, we
do not give any warranty or other assurance as to the content of material appearing
on this website, its accuracy, completeness, timeliness or fitness for any particular
purpose.
We give no guarantee to you of the continued availability of any particular job
advertised on this website. We will not be liable to you should a prospective
employer have filled the vacancy or vacancies at any time prior to removal of the
advertisement from this website.
While we take efforts to ensure that jobs advertised are for actual job vacancies, we
give you no guarantee that every job advertisement represents an actual job
vacancy.
To the maximum extent permitted by law, we provide this website and related
information and services on an “as is” basis without any warranties, representations,
or guarantees of any kind (whether, express, implied, statutory or otherwise)
including, but not limited to, warranties of non-infringement, merchantability, or
fitness for a particular purpose.
If you are using our services for business purposes, you agree that the guarantees
provided under the Consumer Guarantees Act shall not apply to those services.


LIMITATION OF LIABILITY

To the maximum extent permitted by law, we disclaim all responsibility for any
damages or losses (including, without limitation, financial loss, damages for loss in
business projects, loss of profits or other economic losses) whether arising in
contract, tort or otherwise from the use of, or inability to use, this website, our
services, or any information or material appearing on this website, or from any action
or decision taken as a result of using this website or any such services, information
or material.


AVAILABILITY

Your use of this website and any associated services may sometimes be subject to
interruption or delay. Due to the nature of the Internet and electronic
communications, we and our service providers do not make any warranty that this
website or any associated services will be error free, without interruption or delay, or
free from defects in design. We will not be liable to you should this website or the
services supplied through this website become unavailable, interrupted or delayed
for any reason.


THIRD PARTY WEBSITES
This website provides links and pointers to Internet sites maintained by third parties.
Such linked sites are not under our control and we are not responsible for the
contents (including the accuracy, legality or decency) of any linked site or any
material contained in a linked site. We are providing these links to you only as a
convenience, and the inclusion of any link does not imply endorsement by us of the
linked site. We will not be liable for any damages or loss arising in any way out of or
in connection with or incidental to any information or third party service provided by
any third party.


MALICIOUS CODE
Although we endeavour to prevent the introduction of viruses or other malicious code
(together, ‘malicious code’) to this website, we do not guarantee or warrant that this
website, or any data available from it, does not contain malicious code. We will not
be liable for any damages or harm attributable to malicious code. You are
responsible for ensuring that the process that you employ for accessing this website
does not expose your computer system to the risk of interference or damage from
malicious code.


SECURITY
Although we endeavour to protect the security of your personal information you
acknowledge that there is a risk of unauthorised access to (or alteration of) your
transmissions or data or of the information contained on your computer system or on
this website. We do not accept responsibility or liability of any nature for any losses
that you may sustain as a result of such unauthorized access or alteration. All
information transmitted to you or from you is transmitted at your risk, and you
assume all responsibility and risks arising in relation to your use of this website and
the internet. We do not accept responsibility for any interference or damage to your
own computer system which may arise in connection with your accessing of this
website or any outbound hyperlink.


GOVERNING LAW

These terms of use are governed by the laws of New Zealand and the courts of New
Zealand shall have non-exclusive jurisdiction to hear and determine any dispute
arising in relation to these terms of use.
These terms of use were last updated October 2020.


PRIVACY POLICY
INTRODUCTION
We may collect, retain and use your personal information (including your e-mail
address, name and phone number) from time to time. This Privacy Policy sets out
our practices regarding the collection, use, storage and disclosure of your personal
information in compliance with the Privacy Act 1993. Please read this Privacy Policy
before using this website or submitting your personal information to this website. By
using this website, you agree to be bound by the terms of this Privacy Policy. This
privacy policy is subject to, and must be read in conjunction with, our Terms and
Conditions.


Terminology
In this Privacy Policy, the terms ‘Pick Tiki’, ‘we’, ‘us’, and ‘our’ refer to the Pick Tiki
Program supported by New Zealand Apples and Pears and Horticulture New
Zealand, and the terms ‘you’ and ‘your’ refer to you as a website user, student or
employer.
Information we may collect and retain
We may collect and retain your personal information in the following circumstances:
• when you complete forms on this website (including surveys, search forms,
competition entry forms, registration forms, job application forms and other forms);
• in the course of receiving questions, comments or other communications from you;
and
• as you navigate through this website, certain information may be passively collected
(that is, gathered without your active participation) using various technologies and
means, such as Internet Protocol addresses, cookies, Internet tags, and navigational
data collection. Information collected may include server addresses, top-level domain
names, dates and times of visits to the website, pages accessed and documents
downloaded, previous websites visited and the type of browser used.
Use of personal information
The personal information we collect will be used to provide services you have
authorised or requested. We may also use personal information collected by us to:
• enable us to offer an effective employment job service and assist you in obtaining
employment / employee referrals
• respond to any questions or correspondence from you;
• manage and improve this website and any related services;
• carry out internal research and development;
• conduct student/employer satisfaction surveys via an independent agency to assist
us better serve our clients;
• provide you with information about a service that you are using (including critical
updates and announcements);
• reduce the need for you to repeatedly enter the same information;
• customise this website to suit your particular preferences and interests;
• where you create a message using this website (for the purpose of sending that
message to us, or to any other recipient specified by you), send that message;
• analyse website usage, trends and statistics;
• with your permission, supply you with further information concerning products and
services which may be of interest to you; or
• carry out any other use that is authorised by you or is notified to you at the time of
collection.


Disclosure of personal information

We will not disclose your personal information except in accordance with this Privacy
Policy (and in accordance with the Privacy Act 1993). We may use or disclose your
personal information if you have authorised us to do so, or in any of the following
circumstances:
1. we have given you notification of the intended use or disclosure and you have not
objected to that use or disclosure;
2. you have consented for us to do so, we may provide your contact details to your
past, current or prospective employers or employees;
3. you have consented for us to do so, we may provide your name and telephone
number to students in the same job as you;
4. we believe that the use or disclosure is reasonably necessary to assist a law
enforcement agency or an agency responsible for national security in the
performance of their functions;
5. we believe that the use or disclosure is reasonably necessary to enforce any legal
rights we may have, or is reasonably necessary to protect the rights, property and
safety of you, us, or others; or
6. we are required or permitted by law to disclose the information.


Third Party Websites
This website may contain hyperlinks to third party websites. We are not responsible
for the content of such websites, or the manners in which those websites collect,
store, use, and distribute any personal information you provide. When visiting a third
party website from hyperlinks displayed on this website, we encourage you to review
the privacy statements of those websites so that you can understand how the
personal information you provide will be will collected, stored, used and distributed.
Storage of personal information
Your personal information is collected by Pick Tiki and may be held by Pick Tiki,
MailChimp, NZAPI, HortNZ Facebook, and Google. Google may also collect analytic
data, you can view their privacy policy here. These organisations’ addresses are set
out below. The information collected on, or through, this website is stored on secure
RocketSpark servers located at Web Drive (NZ). In accordance with the Privacy Act
1993, Pick Tiki may store your personal information for as long as it may lawfully be
used by Pick Tiki.


Security
No data transmissions over the Internet are completely secure. Accordingly, we
cannot ensure the security of information transmitted from or to you. However, once
we have received your personal information, we will use reasonable efforts to protect
the information against loss or misuse, and against unauthorised access, use,
modification, or disclosure.
Right to access and correct your personal information
You may request access to, or correction of, any personal information we hold about
you by contacting our privacy officer at: info@picktiki.nz.
To ensure that the personal information we hold about you is accurate and up to
date, notify us of any changes to your personal details as soon as possible.

Changes to our Privacy Policy
We reserve the right, at our discretion, to update, change or revise this Privacy
Policy, at any time. Changes to this privacy policy will take effect immediately once
they are published on this website. Please check the Privacy Policy periodically for
changes. Your continued use of this website or our services following the posting of
any changes to the Privacy Policy indicates your acceptance of those changes.
This Privacy Policy was last updated October 2020.


Other Terms
Your use of this website is subject to our Terms and Conditions