Terms & Conditions Dated: 1 January 2021

These Terms and Conditions together with the Privacy Policy (“Terms and Conditions”) are related to the provision of the software-as-a-service subscription between Actio Limited (“Actio”) and the subscribed customer (“Customer”). The Customer’s use of Actio Services or payment of the Service Fees (whichever is the earlier) shall be deemed to be the Customer’s agreement to these Terms and Conditions.

1. Definitions

1.1 In these Terms and Conditions, unless the context otherwise requires:

(a) “Actio” means Actio Limited.

(b) “Actio Services” means the specific proprietary software-as-a-service product(s) of Actio, and any other services provided by Actio including software and tools provided by Actio on the Website for the purposes of posting, archiving, managing, displaying, organising, receiving, sharing, manipulating and distributing Customer Content.

(c) “Actio Technology” means Actio Services, any and all related or underlying documentation, technology, code, know-how and Intellectual Property Rights, including anything delivered as part of support or other services, any updates, modifications or derivative works of any of the foregoing.

(d) “Aggregate/Anonymous Data” means data or information generated by aggregating data (including Customer Content) so that results are non-personally identifiable with respect to the Customer or its Authorised Users.

(e) “Agreement” means the agreement between the Customer and Actio for the provision of Actio Services which are subject to these Terms and Conditions.

(f) “Authorised Users” means each of the Customer’s end users and/or person or persons appointed by the Customer to use and access Actio Services, Customer Content and Customer Account. Authorised Users may include, but are not limited to the Customer’s employees, and authorised external third-party consultants or suppliers for which the Customer allows access and use of Actio Services and Customer Account.

(g) “Customer” means the person or entity identified as the subscribed customer and/or identified on the tax invoice who holds a Customer Account.

(h) “Customer Account” means the Customer’s account held with Actio to access and use Actio Services and Customer Content.

(i) “Customer Content” means any data, information, text, images, graphs, charts, reports, contracts and target data, videos and any other information that may be transmitted, uploaded, submitted or otherwise provided by the Customer for use in conjunction with Actio Services, including any information, reports, graphs or technical data that Actio Services’ generate for the Customer based solely on the input of Customer Content (“Generated Content”). The Customer Content will become public to Authorised Users who are authorised to use and access the Customer Account, so the Customer should only provide Customer Content that it wishes other Authorised Users to review and/or exchange.

(j) “Intellectual Property Rights” means all industrial and intellectual property rights and interests (including common law rights and interests) of any kind including but not limited to copyright (including rights in computer software), trade mark, service mark, design, patent, trade secret, semi-conductor or circuit layout rights, trade, business, domain or company names, moral rights, know how or other proprietary rights (whether or not any of these are registered and including any application for registration).

(k) “Login User ID” means a personalised email address and confidential password for each Authorised User which enables Actio to identify each Authorised User, and that can be accessed when using Actio Services. When the Login User ID is used by each Authorised User it gives access to Actio Services and the Customer Account.

(l) “Start Date” will be agreed by Actio and the Customer and will commence when Actio makes Actio Services available to the Customer.

(m) “Term” means the period during which Actio Services will be provided by Actio to the Customer, including the Initial Term and any Renewal Term defined in clause 4.

(n) “Website” means www.Actio.nz and www.my.Actio.nz.

(o) “Working Day” means any day of the week other than, Saturday, Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s Birthday, and Labour Day (if Waitangi Day or Anzac Day falls on a Saturday or Sunday, the following Monday).

2. Access and Account Setup

2.1 The appointment of, and access of rights granted to Authorised Users are at the Customer’s discretion. The Customer must keep all Login User IDs and other authentication details secure. Actio is not responsible for any fraudulent acts or disclosure of information occurring due to an inappropriate allocation of these rights by the Customer or Authorised Users.

2.2 A list of names and email of each Authorised User will be sent to Actio for the purposes of providing the Authorised User access to Actio Services. The functions of an Authorised User may, but is not limited to, include the following:

(a) viewing and accessing the Customer Account and Customer Content;

(b) authorising transactions for Actio Services as authorised by the Customer;

(c) creating, uploading, transmitting, submitting, viewing, sharing and dealing with Customer Content and any other information or data on the Customer Account;

2.3 The Customer must ensure all Authorised Users comply with the provisions of these Terms and Conditions applicable to the Customer as if Authorised Users were a party to these Terms and Conditions. If any Authorised User stops working for, or is no longer authorised by the Customer, the Customer must immediately notify Actio to terminate the Authorised User’s access to the Customer Account and any Actio Services. The Customer will be responsible for any and all actions taken using the Customer Account and Login User ID. The Customer must notify Actio immediately of any breach of the Terms and Conditions, breach of security or unauthorised use of the Customer Account or Actio Services.

2.4 The Customer must ensure that the Customer Content does not relate to the business of a third party unless the Customer has the right to hold that information on behalf of a third party; or the information is in the public domain; or the information enters into the public domain other than by breach of the Terms and Conditions.

2.5 The Customer must not, unless it obtains Actio’s prior written consent, sell, resell or provide to third parties any of Actio Services provided by Actio under the Terms and Conditions.

3. Actio Services

3.1 During the Term, Actio grants to the Customer a non-exclusive and non-transferrable right to use and access Actio Services solely for the Customer’s business purposes during the Term and only as authorised in these Terms and Conditions.

3.2 Actio may from time to time and at its discretion introduce upgrades and updates to Actio Services. While carrying out such upgrades and updates Actio will take steps to avoid any significantly detrimental effect on the core functionality of Actio Services.

3.3 The Customer authorises Actio to send to it from time to time information about other products and services offered by Actio.

3.4 The Customer may permit Authorised Users to use and access the Customer Account provided their use is for the Customer’s benefit only and remains in compliance with these Terms and Conditions. The Customer will be responsible and liable for all Authorised Users’ use and access and their compliance with these Terms and Conditions.

4. Term and Termination

4.1 The Term will commence on the Start Date and continues in effect for a period of three (3) months (“the Initial Term”) unless earlier terminated in accordance with clause 4.2 below. Upon expiry of the Initial Term, the Term shall automatically renew for successive renewal terms of three (3) months each (each a “Renewal Term”) unless earlier terminated in 4.2 or 4.3 below.

4.2 Notwithstanding clause 4.1, the Customer or Actio may immediately terminate the subscription for Actio Services as a result of a material breach of the Terms and Conditions by the other party, if

(a) such party provides written notification to the other party of the material breach, and

(b) such material breach is:

(1) not resolved within thirty (30) Working Days of notification, or,

(2) in the case of a failure to pay Service Fees in a timely manner by the Customer after a ten (10) Working Day late payment period, or

(3) irremediable in the case of a breach of Actio’s Intellectual Property Rights, in which case Actio may terminate the Terms and Conditions upon notice of such breach.

4.3 After the completion of the Initial Term either party may terminate use of Actio Service by giving notice to the other party at least 30 days before the end of the relevant payment period. The Customer will remain liable to pay all relevant Service Fees on a pro-rata basis for each day of the then current period up to the date of termination.

5. Ownership and Use of Customer Content

5.1 The Customer will retain all right, title and interest (including any Intellectual Property Rights) in and to the Customer Content (excluding any Actio Technology).

5.2 Subject to payment of the Service Fees, Actio will make the Content readily available to the Customer.

5.3 The Customer hereby grants Actio a non-exclusive, royalty free, fully paid up, sublicensable, worldwide right and license to use, reproduce, modify, display, perform, distribute and create derivative works (including Generated Content) of the Customer Content to:

(a) the extent necessary to provide Actio Services and related services to Customer and its Authorised Users pursuant to these Terms and Conditions, including Actio’s subcontractors and hosting providers required to support Actio Services;

(b) generate Aggregate/Anonymous Data for use, disclosure and sharing in accordance with clause 6 below; and

(c) enable the secure exchange of Customer Content between the Customer and Authorised Users and other third parties which have been appointed and granted access rights to Actio Services and Customer Account.

5.4 Actio will not release or exchange Customer Content which has been uploaded on or through Actio Services by the Customer and/or Authorised Users except:

(a) where Actio is required by law to do so;

(b) where Actio is permitted and authorised by the Customer to do so pursuant to the rights granted in clause 5.3;

(d) as required to enable the Customer and Authorised Users to communicate (directly or indirectly) with each other on or through Actio Services; or

(e) where the Customer settings provide that Actio may disclose or share (or the Customer has otherwise consented to Actio disclosing or sharing) Customer Content and Generated Content with third parties.

6. Aggregate / Anonymous Data

6.1 The Customer agrees that Actio will have the right to generate Aggregate / Anonymous Data that Aggregate / Anonymous Data will be Actio Technology, which Actio may use for any purpose during or after the term of this Agreement (including without limitation) to:

i. develop and improve Actio’s products and services;

ii. analyse and gain understanding as to how Actio Services are being used;

iii. market Actio Services; and

iv. generate and distribute reports, research and insights and other materials) to third parties and other customers or users of Actio Services which may or may not be associated with the Customer or its Authorised Users.

6.2 For the avoidance of doubt, Actio will only disclose Aggregate / Anonymous Data externally in a de-identified (anonymous) form that does not identify the Customer or Authorised Users, and that is stripped of all persistent identifiers. The Customer is not responsible for Actio’s use of Aggregate / Anonymous Data.

6.3 Actio may collect and upload Customer Content from a third party provided that:

(a) Actio has a data sharing or licence agreement in place with the third party or third party is a user of Actio Services and records Customer Content directly on or though Actio Services; and

(b) the Customer’s user settings provide, or the Customer has previously authorised Actio to collect the Customer Content from the third party and the Customer pays all applicable fees (if any) for collecting and uploading that Customer Content into Actio Services.

7. Content Security

7.1 The Customer acknowledges that:

i. Given the nature of how the Customer Content is transmitted Actio cannot guarantee the security of Customer Content being transmitted;

ii. The Customer transmits Customer Content on and through Actio Services at its own risk; and

iii. If it becomes aware of any problems with the security of Customer Content, it must immediately notify Actio of the problem by email.

7.2 Actio will use reasonable endeavours and precautions to keep Customer Content secure once the Customer has provided Customer Content on or through Actio Services.

7.3 Actio uses industry standard procedures to store, preserve or access Customer Content Actio encourages the Customer to perform regular backups of Customer Content, and the Customer acknowledges that Actio is not responsible or liable in any way for the failure to store, preserve or access Customer Content that the Customer transmits, stores, archives or otherwise makes available on Actio Services.

7.4 Actio has no obligation to screen or monitor any Customer Content provided by the Customer or Authorised Users. If Actio becomes aware or has any reason to believe that Customer Content is violating the Terms and Conditions, Actio may in its sole discretion remove and/or delete the applicable Customer Content, suspend and/or terminate Customer Account, including the Customer and Authorised Users access to Actio Services.

7.5 Actio allows the Customer to export the Customer Content at any time in Actio Services as provided in these Terms and Conditions.

8. Payment of the Service Fees

8.1 During the Term, the Customer will pay the Service Fees to Actio Monthly with each month paid by the 1st of the month following the month of use by direct credit.

8.2 All fees and charges payable by the Customer under the Terms and Conditions are exclusive of GST. The Customer must pay GST (if any) to Actio on the day it pays the fees or charges under the Terms and Conditions.

8.3 In the event that payment in full is not made by the Customer in accordance with clauses 8.1 and 8.2, Actio may at its discretion:

i. Charge default interest to the Customer at annual rate of 15% with interest to be calculated daily from the due date to the date of payment; and/or

ii. Suspend or withhold access to the Customer Content and Actio Services by the Customer until all amounts owing to Actio have been paid in full.

8.4 The Customer must immediately notify Actio of any change in the Customer's contact details; and/or Authorised User details; payment details; services required; or any other details relevant to Actio Service.

9. Review of Service Fees

9.1 Actio may review the Service Fees on thirty (30) Working Days’ notice in writing (the end of which is a “Review Date”), provided that:

i. The reviewed Service Fees will be emailed to the Customer; and

ii. If the Customer objects to the reviewed Service Fees, it may terminate this contract by notice in writing to Actio provided that such notice must be given at least 10 Working Days before the Review Date (time being of the essence); and

iii. In such case, the Agreement will be deemed terminated as of the Review Date.

10. Technical Requirements & Access

10.1 The Customer acknowledges that in order to use Actio Services, its equipment, operating system, browser and software must meet the minimum standards determined by Actio.

10.2 The Customer acknowledges that the minimum and technical data standards may need to be altered by Actio over time and from time to time and that Actio may in its absolute discretion revise those required technical or data standards in whole or in part. The Customer will be responsible for all costs associated with any change to its systems and/or data required to meet Actio’s technical and/or data standards.

10.3 The Customer agrees to:

(a) obtain all necessary rights, releases and consents to allow Customer Content to be collected, used and disclosed in the manner contemplated by these Terms and Conditions and to grant Actio the rights set out in these Terms and Conditions;

(b) use Actio Services in compliance with Actio’s Privacy Policy;

(c) not submit, collect or use any personally identifiable information (other than personal information about Authorised Users);

(d) not take any action that would cause Actio, Actio Services or Actio’s Technology (including Intellectual Property Rights) to become subject to any third party terms (including open source license terms);

10.4 The Customer represents and warrants that the collection, use and disclosure of Customer Content will not violate any third party rights, including intellectual property, privacy and publicity rights. If the Customer receives any take down request or infringements notices relates to Customer Contents or its use of third party products, it must promptly stop using the related item with Actio Services and notify Actio.

10.5 If Actio receives any take down requests or infringement notices relating to Customer Content or the Customer’s use of third party products, Actio may respond in accordance with its policies and will notify and consult with the Customer on next steps.

10.6 Actio shall use reasonable efforts to ensure that Actio Services are available 24 hours a day, 7 days a week. Actio reserves its rights to undertake planned outages of Actio Services for the purposes of upgrades and maintenance and will notify the Customer as reasonably practicable of any unplanned outages, and with a minimum of 24 hours before planned outages.

11. Intellectual Property Rights

11.1 The Customer owns, and as between the Customer and Actio, will continue to own all the Customer Content (excluding Actio Technology).

11.2 The Customer grants Actio a non-exclusive, royalty free, fully paid up, sublicensable, worldwide right and license to use, reproduce, modify, display, perform, distribute and create derivative works of the Customer Content to provide Actio Services and for the permitted purposes set out in clause 5 (Ownership and Use of Customer Content) and clause 6 (Aggregate/Anonymous Data).

11.3 For Customer Content, this includes the right to publicly display the Customer Content (including derivative works and modifications) to third parties through Actio Services as permitted in clause 5 of the Terms and Conditions.

11.4 The Customer may use Actio Services to distribute the Content to parties which the Customer approves, including Authorised Users or designating the Customer Content as publicly viewable or downloadable by any end-user who downloads or has access to the Customer Content. Actio shall have no responsibility or liability for

a) the Customer’s failure to maintain or update Authorised Users; or

(b) any unauthorised use, sharing or disclosure of any Login User IDs provided to the Customer or Authorised Users.

11.5 Except for the right and licences expressly granted in these Terms and Conditions, no other licence is granted, no other use is permitted, and the Customer shall retain all rights, title and interest (including all Intellectual Property Rights) in and to the Customer Content.

11.6 Except for the rights and licences expressly granted under these Terms and Conditions, Actio shall retain all rights, title and interest (including all Intellectual Property Rights) in and to Actio Services, the Website, Customer Technology and all information, data, materials and content related thereto (excluding Customer Content) and all modifications and derivative works.

12. Confidential Information

12.1 The Customer will keep confidential all information relating to the technology, technical processes, business affairs of Actio, or of any affiliate of Actio (the “Confidential Information”).

12.2 The Customer will not disclose or use the Confidential Information unless such disclosure or use is specifically authorised by Actio. The Customer will take all reasonable precautions to prevent such disclosure or use.

12.3 The Customer acknowledges and agrees that it has no right or licence to use any of the Confidential Information.

12.4 The obligations of the parties under this clause survive the expiry or the termination of the Agreement for whatever reason.

13. Warranties and Liabilities

13.1 Actio warrants that:

i. It will use commercially reasonable efforts to maintain its systems associated with Actio Services free from viruses and other harmful code; and

ii. It will use reasonable efforts to ensure Actio Services are performed in a professional, workmanlike manner commensurate with the industry practices in the industry in which Actio operates.

13.2 Except as is expressly set out above, all terms, conditions, representations and warranties are excluded to the maximum extent permitted by law.

13.3 The Customer warrants that:

i. It has the power and authority to enter into these Terms and Conditions.

ii. It owns all rights, title and interest in and to the Customer Content, or has otherwise secured all necessary rights in the Customer Content as may be necessary to permit the access, use and distribution of the Content as contemplated by these Terms and Conditions, or as otherwise authorised by the Customer through Actio Services.

iii. The Customer Content does not include any virus, worms, Trojan horse or other harmful, malicious or disabling code or device or that it designed to damage or allow unauthorised access to the Website or Actio Services.

iv. The Customer Content and all information provided to Actio including Authorised User’s personal information will not violate, infringe, misappropriate or otherwise interfere with any law, copyright, trade mark, trade secrets, right of privacy or publicity, or any other intellectual property rights, proprietary or any other right of any person or entity;

v. The Customer Content will note contain any material which is unlawful, harmful, abusive, obscene, threatening, libellous or defamatory, false or inaccurate or violate any applicable local or international law.

vi. In entering into the Agreement:

(a) It is acquiring Actio Services for the purposes of a business; and

(b) The Consumer Guarantees Act 1993 will not apply except as expressly set out in these Terms and Conditions. 13.4 Except to the extent excluded by law, Actio excludes all liability to the Customer (whether by damages or otherwise) for any consequential, economic or indirect loss or damage arising out of the Terms and Conditions or Actio Services or the Website or in connection with either of them. This exclusion applies whether Actio’s liability arises in contract, tort (including negligence) or otherwise.

13.5 Subject to clause 13.6 Actio’s liability to the Customer for breach of any term of the Terms or Conditions or arising out of the provision of Actio Services and whether in contract, tort or otherwise is limited to the Service Fees received by Actio for provision of Actio Services in the 12 months preceding the date on which the Customer’s claim arose.

13.6 Actio will have no liability for the performance of the Website or Actio Services in relation to any use or purpose other than that which has been specifically prescribed by Actio.

13.7 Actio is not responsible for any failure to provide Actio Services where such failure is caused, or contributed to, by an event outside Actio’s reasonable control.

13.8 Actio does not provide any guarantee and has no liability to the Customer in respect of the communications and computer links between the Customer and Actio (or the Customer and its Authorised Users) allowing access to Actio Services.

13.9 To the extent permitted by law, the Customer shall be responsible for the acts or admissions of any person, persons or Authorised Users who access Actio Services or Website using Login User ID provided or created by the Customer.

14. International Access

14.1 Actio makes no claim that Actio Services or any Customer Content may be lawfully viewed or downloaded outside of New Zealand. If the Customer or Authorised Users access Actio Services and Customer Content outside New Zealand, they are responsible for compliance with the laws of the applicable jurisdiction.

15. General

15.1 The Customer acknowledges that it has carried out all appropriate investigations and relied on its own knowledge or independent advice or both in assessing the risk, contingencies and circumstances that could affect its decision to enter into the Terms and Conditions and use Actio Services.

15.2 Any notice, document, request, demand or other communication (“notices”) to be given by the parties to each other by email or via the Website. The email address for the Customer and Actio are those specified during the registration process or as may be updated by either party in writing from time to time.

15.3 The Customer may not assign or sublet its rights under these Terms and Conditions without the prior consent of Actio, to be given in its sole discretion.

15.4 Where the Terms and Conditions prohibits the Customer from undertaking any action, the Customer will be responsible for ensuring that its officers, employees, contractors and invitees observe the same prohibitions.

15.5 The Terms and Conditions are governed by the laws of New Zealand and the parties agree to submit to the exclusive jurisdiction of the courts of New Zealand.

15.6 Where any term or provision in the Terms and Conditions is invalid, illegal or otherwise contrary to statutory or common law rule, such term or provision shall be deemed replaced by a term or provision that is valid and enforceable and which comes closest to expressing the intention of the term replaced.

15.7 The Terms and Conditions constitutes the entire agreement between the parties relating to its subject matter and replaces all prior agreements or undertakings between them. Each party confirms that on entering into the Terms and Conditions it has not relied upon any statement, warranty or other representation made or information supplied by or on behalf of the other party.

15.8 No right under the Terms and Conditions will be deemed to be waived except by notice in writing signed by each party. A waiver does not prejudice rights in respect of any subsequent breach.

15.9 The Customer will indemnify Actio from any and all claims, expenses and costs (including legal fees) losses, liabilities or damages which are incurred by Actio as a result of any breach of the Terms and Conditions by the Customer (including any costs incurred by Actio in the enforcement of the Agreement against the Customer).

15.10 The obligations set out under clauses 5, 6, 11, 12 and 15.10 will continue in force notwithstanding termination or expiry of the Agreement.

16. Dispute Resolution

16.1 In the event that any claim or dispute arises under the Terms and Conditions, Actio shall have the right to refer the matter to arbitration by a single arbitrator nominated by the President of the New Zealand Law Society, such arbitration to be otherwise carried out in accordance with the Arbitration Act 1996.

17. Interpretation

17.1 References to any statute or statutory provision includes reference to that statute or statutory provision as from time to time amended, extended, re-enacted or consolidated and to all statutory instruments made pursuant to it.

17.2 Words denoting the singular will include the plural and vice versa.

17.3 The words “include” and “including” will not be construed as terms of limitation. The words “writing” and “written” mean “in documented form”, whether electronic or hard copy, unless otherwise stated. The symbol “$” means New Zealand dollars.

17.4 The headings and use of bold type in these terms and conditions are for convenience only and will not affect the interpretation of any provision of the Terms and Conditions.

17.5 References to the Agreement or any other document will include any permitted and authorised variation, amendment or supplement to such document.

ACTIO'S Customer Data Security

PROTECTING YOUR DATA

We’re committed to the security of your organisation’s data and provide multiple layers of protection for the information you trust to Actio.

YOU CONTROL ACCESS

As an Actio customer you have the flexibility and control to invite unlimited users into your organisation and use the Actio platform. The administrators of your organisation have control and responsibility over who has access and what they are able to do. Actio will only use your information to carry out the Actio Service and as otherwise specified in the Terms and Conditions. Please see our Privacy Policy for further information relating to use and storage of personal information.

USER AUTHENTICATION

We provide standard access to the Actio software through a login and password.

DATA ENCRYPTION

We encrypt all data that goes between you and Actio using industry-standard TLS (Transport Layer Security), protecting your data.

All uploaded documents are encrypted when they are stored on our servers, and encrypted when we transfer it between data centres for backup and replication.

SECURE DATA CENTRES

Actio’s third party data servers are located within enterprise-grade New Zealand data centres that employ robust physical security controls to prevent physical access to the servers they house (covered by AS/NZS ISO/IEC 27002). These controls include 24/7/365 monitoring and surveillance, on-site security staff and regular ongoing security audits.

ACTIO DOES NOT SEND SENSITIVE INFORMATION TO THIRD PARTY APPLICATIONS IN DELIVERING THE SERVICE

Actio uses third-party analytics services to help us understand your usage of our services. In particular, we provide a limited amount of your organisation information (such as the name) for analytics purposes when you use our product.

Actio does NOT send sensitive information to any third party other than those third parties agreed to be engaged in providing the Actio Service.

ACTIO CAN AGGREGATE YOUR NON-IDENTIFIABLE DATA

By using the Service, you agree that Actio can access, aggregate and use non-identifiable data Actio has collected from you. This data will in no way identify your organisation or any individual.

Actio may use this aggregated non-identifiable data to:

· assist us to better understand how our customers are using the Service,

· provide our customers with further information regarding the uses and benefits of the Service,

· otherwise to improve the Service.

DISASTER RECOVERY AND READINESS

Actio performs real-time data replication in its protected facilities, to ensure your data is available and safely stored. This means that should even an unlikely event occur, such as an entire hosting facility failure, we can switch over quickly to a backup site to keep Actio and your organisation running. We transmit data securely, across encrypted links.

CONSTANT UPDATES AND INNOVATION

We’re constantly enhancing Actio, delivering new features and performance improvements. Updates are delivered frequently, with many of them delivered without interrupting you.

Privacy Policy

Welcome to Actio and thanks for making the time to check out our Privacy Policy which apply with respect to your use of the website and our services.

Below is a summary of our Privacy Policy:

• We collect data so that we can provide the best service possible to you

• We take your privacy very seriously and are committed to keeping your Privacy

• We take every precaution to secure your data

• We are transparent about how we use your data

• You can access and modify most of your personal data as you need to

• You can contact us about your data at any time

Below is the full version.

1. Application

Actio Limited (referred to as “Actio”, “we”, “our”, or “us”) is committed to protecting the privacy of any personal information provided to us. This policy applies to our treatment of personal information, collected by us in relation to customers or prospective customers. By continuing to use our website, you unconditionally consent to us dealing with your personal information in the manner set out in this Privacy Policy. This Privacy Policy is governed by New Zealand law and is subject to (and must be read in conjunction with) our Terms & Conditions. We may, from time to time, collect and hold information about our customers or prospective customers as identifiable individuals (“personal information”). All such personal information will be handled and saved according to the provisions of the New Zealand Privacy Act 1993 or any successor legislation (“Privacy Act”).

2. Collection of your personal information

We may collect personal information about you from a number of sources, including directly from you, when you use our website or deal with us in-person, over the telephone or by letter or e-mail. For example, you may provide us with your personal information to enable us to provide you with information or services, respond to your enquiries, provide you with an ereceipt, or carry out a transaction that you have requested. Personal information collected by us may include your name, title, company name, email address, telephone number, postal or physical address, product purchases and preferences, credit card details or other personal information. There are various situations in which we may request you to provide personal information to us, including as described in our Terms and Conditions and when you:

(a) complete forms on our website (including surveys, search forms, competition entry forms, registration forms, and order forms)

(b) create, modify, or use any accounts or registered user facilities available through our website

Except for information collected automatically, we will not attempt to collect personal information about you without your knowledge. In most circumstances, you can use our website without telling us who you are or revealing any personal information about yourself. You may decide not to provide your personal information to us. However, if you do not provide your personal information (or if you provide incorrect personal information), we might not be able to provide you with access to certain information, products or services. Where we collect personal information about you from a third party source, we will take reasonable steps to make you aware of such collection and to make you aware of the purposes for which we are collecting your personal information from that third party source.

3. Automated collection from our website

When you visit our website, we may use automated tools and methods (such as cookies, sessions and website statistics software) to collect certain information about your visit, including:

(a) the internet protocol address and host name used by your computer to connect to this website;

(b) the operating system and the browser your computer uses;

(d) the date, time and duration of your visit; and

(e) the pages viewed by you.

This information will be used (in aggregate form only) to analyse how our website is being used (for example, to improve the content and performance of this website). Except as set out in this Privacy Policy, we will not disclose this information other than in aggregate form. We may gather more extensive information if we are concerned, for example, about abnormal website usage patterns or website security breaches.

4. Website cookies

Our website may use cookies to provide you with certain services or functionality. Cookies are small pieces of information stored on your computer’s hard drive, which may be used to identify you as an individual user of this website and the computer you are working from. The cookie file is anonymous as it only gives us details of your IP address, PC platform (Windows, NT or Mac), browser (e.g. Microsoft, Google or other, plus the version of Browser) and domain (whether you are accessing the site from NZ or elsewhere). We use cookies to:

(a) personalise your visits to our website

(b) enable us to improve the content, reliability and functionality of our website

(d) evaluate the effectiveness of the advertising on our website

(e) track website usage patterns.

Accepting a cookie will not give us access to any data on your computer other than the data stored in the cookie. You may configure your web browser to not accept cookies, but you may experience a loss of functionality as a result. You can choose to refuse cookies by turning them off in your browser and/or deleting them from your hard drive.

5. Use and disclosure

The personal information we collect in relation to our customers and prospective customers will be used to provide customer services and operate our website. We may also use personal information as described in our Terms and Conditions and to:

(a) respond to any questions or correspondence from you

(b) improve our website and any related services

(d) carry out internal research and development

(e) provide you with information about a service that you are using (including critical updates and announcements)

(f) eliminate the need for you to repeatedly enter the same information

(g) customise this website to suit your particular preferences and interests

(h) where you create a message using our website (for the purpose of sending that message to us or to any other recipient specified by you), send that message

(i) analyse website usage, trends and statistics

(j) verify your identity or to provide you with a replacement password when you forget your username or password for any account you have with us

(k) supply you with further information concerning products and services which may be of interest to you

(l) carry out any other use that is authorised by you or is notified to you at the time of collection.

As part of those activities, we will store the information and may disclose it to our employees, contractors and/or related bodies corporate. We will not sell or lease your personal information. We will not disclose your personal information except in accordance with this Privacy Policy (and in accordance with the Privacy Act). We may use or disclose your personal information if you have authorised us to do so, or in any of the following circumstances:

(a) we have given you notification of the intended use or disclosure and you have not objected to that use or disclosure

(b) 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

(c) 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

(d) we are required or permitted by law to disclose the information.

6. Unsubscribing to electronic messages

Where you have requested or authorised us to send you electronic messages (for example, newsletters and information concerning services which may be of interest to you) you can request us to stop sending you such messages by taking any one of the following steps:

(a) using the unsubscribe feature (if present) in any such message

(b) contacting us via email on admin@actio.nz Once we have received your request we will, as soon as is practicable, comply with that request.

7. Personal information about other people

You must not provide personal information to us about another person, unless that person has authorised us, through you, to collect, use and disclose personal information about that person, for the purposes described in this Privacy Policy.

8. Access and correction

Where we hold your personal information in such a way that it can readily be retrieved, you are entitled to have access to that information or to obtain our confirmation of whether we hold that information. We may require that you meet our reasonable costs of supplying this information to you. If we are unable to meet your request for access, we will let you know why. If we refuse to provide you with access to your personal information, we will provide you with reasons for the refusal, in accordance with the requirements of the Privacy Act. It is important to us that your personal information held by us is accurate, complete and current. Under the Privacy Act, you have rights to request correction of your personal information. To request access to, or correction of, your personal information held by us, contact us via email on admin@actio.nz

9. Storage and security

Where we store your personal information will depend on the nature and purpose of the information and the manner in which you supply it to us. We will collect your personal information from, and may hold such information at, Actio Limited registered office and storage facilities (whether in New Zealand or overseas). No data transmissions over the internet can be guaranteed as completely secure. Accordingly, we cannot warrant or guarantee the security of information transmitted from or to you. Once we have received your personal information, we will use reasonable efforts to protect that information against loss or misuse and against unauthorised access, use, modification, or disclosure.

10. Third party websites

This website may contain hyperlinks to third party websites. We are not responsible for the content of third party websites, or the manner in which those websites collect, store, use, and distribute any personal information you provide. When visiting a third party websites from hyperlinks on this website, we encourage you to review the privacy statements of those website so that you can understand how the personal information you provide will be collected, stored, used and distributed.

11. Privacy Officer

You may gain access to your personal information, make a complaint about breach of your privacy rights, or make enquiries about collection or use of your personal information by contacting us via email on admin@actio.nz

12. Changes to this policy

We reserve the right, at our discretion, to update or revise this Privacy Policy at any time. Changes to this Privacy Policy will take effect immediately once they are published on our website. Please check this Privacy Policy as published on our website regularly for modifications and updates. By continuing to use our website or providing any personal information after we publish changes to this Privacy Policy, you agree to be bound by this Privacy Policy as revised.

This Privacy Policy was last updated on 1st January 2021.