We are committed to complying with the Privacy Act 2020 (Privacy Act) (New Zealand), and any other applicable privacy laws and regulations, when collecting, using or dealing with any of your personal information.
Like many organisations, we collect information about our users for the purposes of:
We collect information about you when you communicate with us, register for an apprenticeship or training agreement, visit or use the website (the Website) or any other online platform, service, application, website or messaging service that we subscribe to or use and make available to you (each being a Digital Platform).
What personal information do we collect about you?
If you provide us with your personal information through any Digital Platform, we may collect personal information about you including your name, email address, date of birth, gender, nationality, country of residence, qualifications, your intended study plans and preferences, if you are a member of a priority audience (Māori, Pacific or with disabilities) what education institute you are with (if any) and information relating to your visa applications or enrolment status.
We may also collect information relevant to our Digital Platforms, our marketing strategies and our services, including information on:
Where we use the information solely for statistical purposes, all users are anonymous and not personally identifiable from the information.
How do we use your personal information?
Personal information collected through any Digital Platform, including through the “Register your Interest’, 'Request a Training Agreement' and 'Contact Us' forms on the Website, will be collected by etco will be used for the purposes of:
A cookie is a small amount of data that is sent to your browser from a web server and stored on your computer's hard drive, then sent back to the server by your browser each time you access certain sections of our Digital Platforms.
Who will we share your personal information with?
Subject to the Act, etco may only disclose personal information for a lawful purpose in connection with a function or activity of etco and where the disclosure of that information is necessary for that purpose. etco may disclose your personal information to:
How we store data
Your personal information will be stored in servers owned by etco or its subsidiaries and/or parent, or their service providers, which may include service providers in countries other than New Zealand.
Your acceptance of these terms
By submitting personal information to etco (including through forms or by completing or submitting an enquiry form through the Website) or by using, or communicating with us through any other Digital Platform, you authorise the collection, use and disclosure of your personal information as described above.
If you do not agree to the terms of this Policy, etco will not accept your form or enquiry, and your information will not be processed by etco, or referred on to etco subsidiaries and/or parent, agents, and education providers.
Etco reserves the right to modify these TCs at any time without advance notice. Any changes to these TCs will be effective immediately upon posting on this page, with an updated effective date. By accessing the website after any changes have been made, you signify your agreement on a prospective basis to the modified TCs and all of the changes. Be sure to return to this page periodically to ensure familiarity with the most current version of these TCs.
Any version of these TCs in a language other than English is provided for convenience and you understand and agree that the English language version will control if there is any conflict.
These TCS are organized as follows:
Rules for Online Conduct
You agree that you are responsible for your own use of the website and for your User Postings. "User Postings" means all content submitted, posted, published, or distributed on the website by you or other users of the website, including but not limited to all forum posts, wiki edits, notes, questions, comments, videos, and file uploads. You agree that you will use the website in compliance with these Agreements, and all applicable local, state, national and international laws, rules and regulations, including copyright laws, any laws regarding the transmission of technical data exported from your country of residence, and all New Zealand export control laws.
As a condition of your use of the website, you will not use the website in any manner intended to damage, disable, overburden, or impair any server or network(s) connected to any server or to interfere with any other party's use and enjoyment of the website. You may not attempt to gain unauthorized access to the website, other accounts, computer systems, or networks connected to any server through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information stored on the website, its servers, or associated computers through any means not intentionally made available through the website. If you are a registered user, you will not share your password or let anyone else access or compromise your account.
Furthermore, you agree not to scrape, or otherwise download in bulk, any website content, including but not limited to a list or directory of users on the system, User Postings or user information, online information, or trademarks and logos. You agree not to misrepresent or attempt to misrepresent your identity while using the website.
Strictly Prohibited Items
THE FOLLOWING ITEMS ARE STRICTLY PROHIBITED ON THE WEBSITE:
You may not submit, post, publish, share, or otherwise distribute any of the above Strictly Prohibited Items on or via the website.
In order to create a user account, you must provide all the information required in the online form. You agree that you will never divulge or share access or access information for your user account with any third party for any reason. In setting up your user account, you may be prompted to enter additional optional information. You represent that all information provided by you is accurate and current. You agree to maintain and update your information to keep it accurate and current.
Your Right to use Content on the website
Unless indicated as being in the public domain, the content on the website is protected by New Zealand laws. Unless otherwise expressly stated on the website, the texts, video, images, and other materials are for the purpose of Etco. Certain materials on the website are used with the permission of third parties, and use of that information is subject to the rules of those third parties. As such none of those materials may be used without the express written consent of the third party. By using the website, you agree to abide by all such rules and conditions. You agree to retain all copyright and other notices on any content you obtain from the website. All rights in the website and its content, if not expressly granted, are reserved.
User Postings Representations and Warranties.
By submitting or distributing your User Postings, you affirm, represent, and warrant (1) that you have the necessary rights, licenses, consents, and/or permissions to reproduce and publish the User Postings and to authorize etco and its users to reproduce, modify, publish, and otherwise use and distribute your User Postings in a manner consistent with the licenses granted by you below, and (2) that neither your submission of your User Postings nor the exercise of the licenses granted below will infringe or violate the rights of any third party. You are solely responsible for your User Postings and the consequences of posting or publishing them.
License Grant to etco and the Members.
By submitting or distributing your User Postings, you hereby grant to etco a worldwide, non-exclusive, transferable, assignable, sub licensable, fully paid-up, royalty-free, perpetual, irrevocable right and license to host, transfer, display, perform, reproduce, modify, distribute, redistribute, relicense, and otherwise use, make available, and exploit your User Postings, in whole or in part, in any form and in any media formats and through any media channels (now known or hereafter developed).
OTHER PRODUCTS & SERVICES
From time to time, etco and other institutions may offer services and products for a fee (for example but not limited to, candidate screening services, or society membership). For anything that you choose to purchase, you agree to pay all applicable fees when due.
Use of etco, and Other Member Names, Trademarks, and Service Marks.
The names, logos and seals in the website are trademarks ("Trademarks") of the respective entities, as such they are owned by the respective entity. You may not use any of these Trademarks, or any variations thereof, without the owner's prior written consent. You may not use any of these Trademarks, or any variations thereof, for promotional purposes, or in any way that deliberately or inadvertently claims, suggests or, in the owner’s sole judgment, gives the appearance or impression of a relationship with or endorsement by the owner.
Nothing contained on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the website without the written permission of the owner of the applicable Trademark.
Digital Millennium Copyright Act
Copyright owners who believe their material has been infringed on the website should contact etco's designated administrator through the website contact information page.
Notification must include:
Disclaimers of Warranty / Limitations of Liabilities
THE WEBSITE AND ANY INFORMATION, CONTENT OR SERVICES MADE AVAILABLE ON OR THROUGH THE WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND (EXPRESS, IMPLIED OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, EXCEPT INSOFAR AS ANY SUCH IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW.
ETCO AND THE ETCO PARTICIPANTS (AS DEFINED BELOW) DO NOT WARRANT THAT THE WEBSITE WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE COURSES OR CONTENT PROVIDED WILL MEET YOUR NEEDS OR EXPECTATIONS. ETCO AND THE ETCO PARTICIPANTS ALSO MAKE NO WARRANTY ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, OR QUALITY OF THE WEBSITE OR ANY COURSES OR CONTENT, OR THAT ANY PARTICULAR COURSES OR CONTENT WILL CONTINUE TO BE MADE AVAILABLE. “ETCO PARTICIPANTS” MEANS ANY PERSON OR ENTITY PROVIDING INFORMATION, CONTENT, OR SERVICES FOR THE WEBSITE.
User Postings Disclaimer.
You understand that when using the website you will be exposed to User Postings from a variety of sources and that neither etco nor the etco Participants are responsible for the accuracy, usefulness, reliability or intellectual property rights of or relating to such User Postings. You further understand and acknowledge that you may be exposed to User Postings that are inaccurate, offensive, defamatory, indecent or objectionable and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against etco or any of the etco Participants with respect thereto. Neither etco nor any of the etco Participants endorse any User Postings or any opinion, recommendation or advice expressed therein. Neither etco nor any of the etco Participants have any obligation to monitor any User Postings or any other user communications through the website.
However, etco reserves the right to review User Postings and to exercise its sole discretion to edit or remove, in whole or in part, any User Posting at any time and for any reason, or to allow the etco Participants to do so. Without limiting the foregoing, upon receiving notice from a user or a content owner that a User Posting allegedly does not conform to these TCs, etco may investigate the allegation and determine in its sole discretion whether to remove the User Posting, which it reserves the right to do at any time and without notice.
Third-Party Services; Links to Other Websites.
The website may be integrated with third-party services or include hyperlinks to websites maintained or controlled by third parties. etco and the etco Participants are not responsible for and do not routinely screen, approve, review or endorse the contents of or use of any of the products or services that may be offered by such third parties. If you decide to access any third-party services or linked third-party websites, you do so at your own risk.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT NEITHER ETCO NOR ANY OF THE ETCO PARTICIPANTS WILL BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES, EITHER ACTUAL OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, OR YOUR (OR ANY THIRD PARTY'S) USE OF OR INABILITY TO USE THE WEBSITE, OR YOUR PLACEMENT OF CONTENT ON THE WEBSITE, OR YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE WEBSITE, WHETHER YOUR CLAIM IS BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW.
IN PARTICULAR, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER ETCO NOR ANY OF THE ETCO PARTICIPANTS WILL HAVE ANY LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE AND WHETHER OR NOT ETCO OR ANY OF THE ETCO PARTICIPANTS HAS BEEN NEGLIGENT OR OTHERWISE AT FAULT (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF PROFITS, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA).
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to defend, hold harmless, and indemnify etco and the etco Participants, and their respective subsidiaries, affiliates, officers, faculty, students, fellows, governing board members, agents and employees from and against any third-party claims, actions, or demands arising out of, resulting from or in any way related to your use of the website, including any liability or expense arising from any and all claims, losses, damages (actual and consequential), suits, judgments, litigation costs, and attorneys' fees, of every kind and nature. In such a case, etco or the applicable etco Participant will provide you with written notice of such claim, suit, or action.
Termination Rights; Discontinuation of Courses and Content.
You agree that etco, in its sole discretion, may terminate your use of the website or your participation in it, for any reason or no reason, upon notice to you. It is etco's policy to terminate in appropriate circumstances the accounts of users of the website who are repeat copyright infringers. etco and the etco Participants reserve the right at any time in their sole discretion to cancel, delay, reschedule or alter the format of any course offered through etco, or to cease providing any part or all of the website content or related services, and you agree that neither etco nor any of the etco Participants will have any liability to you for such an action. If you no longer desire to participate in the website, you may terminate your participation at any time. The rights granted to you hereunder will terminate upon any termination of your right to use the website, but the other provisions of the Agreements will survive any such termination.
The Agreements constitute the entire agreement between you and etco with respect to your use of the website, superseding any prior agreements between you and etco regarding your use of the website.
Waiver and Severability.
The failure of etco to exercise or enforce any right or provision of the Agreements shall not constitute a waiver of such right or provision. If any provision of the Agreements is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision and the other provisions of the Agreements shall remain in full force and effect.
Choice of Law/Forum Selection.
You agree that the Agreements and any claim or dispute arising out of or relating to the Agreements or any content or service obtained from or through the website will be governed by the laws of New Zealand. You agree that all such claims and disputes will be heard and resolved exclusively in the New Zealand courts located in and serving New Zealand. You consent to the personal jurisdiction of those courts over you for this purpose, and you waive and agree not to assert any objection to such proceedings in those courts (including any defence or objection of lack of proper jurisdiction or venue or inconvenience of forum).
20 November 2022