Please carefully read our Terms and Conditions and Privacy Policy before accessing this site or purchasing anything from it. By accessing this website or by purchasing something from it, you are bound by our Terms and Conditions and consent to our Privacy Policy.
TERMS & CONDITIONS
These Terms and Conditions are up-dated regularly and you are advised to review them from time to time. If you have any queries or concerns, please contact us.
General
Youchange Limited trading as Youchange (“Youchange”, “we”, “us”) is a New Zealand business and these Terms and Conditions are governed by New Zealand Law. Youchange Limited reserves its rights to alter the content of this site at any time.
Intellectual Property Rights
This website contains material which is owned by Youchange. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Except as permitted under the Copyright Act 1994, you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
Accuracy of Information
We aim to ensure that the information we include on this website is accurate and current. While we have no reason to believe that any information on this website is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information. Where we become aware of any misdescription, we reserve the right to correct any error or omission.
Limitation on Liability
In no event shall we be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential, damages, or any damages whatsoever, even if we have been previously advised of the possibility of such damages, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use, inability to use, or performance of the information, services, products, and materials available from this site. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.
External Sites
This site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the "External Sites"). You acknowledge that we are not responsible for the availability of, or the content located on or through, any External Site. You should contact the site administrator for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
PRIVACY POLICY
Youchange Limited values the privacy of its clients and other people whose Personal Information we hold. This policy sets out how Youchange Limited will comply with the Privacy Act and other relevant privacy law obligations with regard to the Personal Information we collect.
SCOPE OF THIS POLICY
This policy applies to Personal Information collected by Youchange Limited and our obligations under the Privacy Act. Youchange Limited will maintain the confidentiality of any confidential information of clients in accordance with the confidentiality provisions of the relevant agreement or other document. This policy does not cover confidentiality.
DEFINITIONS
“Personal Information” means information about an identifiable individual (being a natural person, not a corporate body), as defined in the Privacy Act.
“Privacy Act” means the Privacy Act 2020.
"Privacy Breach" means unauthorised or accidental access to, or disclosure, alteration, loss, or destruction of, Personal Information, or an action that prevents Youchange Limited from accessing the information either temporarily or permanently.
PRINCIPLES
These principles are subject to requirements in other Acts of Parliament which may override the principles, in which case we are not bound by them. There may be some other circumstances where strict adherence to the principles is not reasonably possible. Youchange Limited will endeavour to adhere to the principles so far as is reasonably possible.
Collecting information
We will only collect Personal Information where it is needed for a lawful purpose connected with a function or activity of Youchange Limited.
Personal Information should be collected directly from the individual, unless an exception listed in principle 2 of the Privacy Act applies and allows collection from a third party.
Where Personal Information is being collected from an individual, we will take reasonable steps to ensure that the individual is aware:
▪ that we are collecting the information;
▪ what information is being collected;
▪ why the information is being collected;
▪ any law (if any) which authorises or requires the collection of the information and whether it is voluntary or mandatory for the individual to supply the information;
▪ the consequences (if any) if the requested information is not provided;
▪ how the information will be used;
▪ who the information will be shared with; and
▪ what rights they have to access and correct that information.
We will not collect Personal Information by unlawful means or by means that are unfair or unreasonably intrusive.
Once we have the information
We will ensure reasonable security safeguards protect the Personal Information we hold from loss, unauthorised use, and misuse.
Individuals are entitled to receive confirmation of whether Youchange Limited holds any Personal Information about them and access their personal information. Individuals who access their Personal Information should be advised that they may request the correction of that information.
Where we hold Personal Information, the individual concerned shall be entitled to request correction of the information and request that a statement of correction be attached to the Personal Information.
▪ We will take reasonable steps to ensure the Personal Information is accurate, up to date, complete and not misleading.
▪ We are not required to correct the Personal Information if we disagree with the correction. However, if this is the case, the “correction” will be attached to the Personal Information.
▪ Where we receive a request for correction of Personal Information we will inform you of the action taken as a result of the request.
We will not use Personal Information without taking reasonable steps (if any) to ensure it is accurate, up to date, complete, relevant, and not misleading.
We will not keep Personal Information for longer than required by lawful purposes or by law.
Personal Information will only be used for the purpose for which it was collected, unless an exception listed in principle 10 of the Privacy Act applies and allows use for other purposes.
Unique identifiers will only be assigned to individuals if it is necessary to enable Youchange Limited to carry out one or more of its functions efficiently. Unique identifiers will only be assigned to individuals whose identities are clearly established and the risk of misuse of a unique identifier will be minimised.
Disclosing the information
We will not disclose Personal Information to another person or agency unless we believe on reasonable grounds:
▪ The disclosure is directly related to the purposes in connection with which the Personal Information was obtained;
▪ The Personal Information is publicly available and disclosure is not unfair or unreasonable;
▪ The disclosure is authorised by the individual concerned;
▪ The Personal Information is to be used in a form where the individual concerned is not identifiable; or
▪ Non-compliance is necessary for one or more of the reasons stated in principle 11 of the Privacy Act.
We will only disclose Personal information to a foreign person or entity where one of the following applies:
▪ the individual concerned authorises the disclosure after being expressly informed that the foreign person or entity may not be required to protect the information in a way that provides comparable safeguards to the Privacy Act;
▪ the foreign person or entity is carrying on business in New Zealand and Youchange Limited reasonably believes the foreign person or entity is subject to the Privacy Act;
▪ Youchange Limited reasonably believes the foreign person or entity is subject to laws that provide comparable safeguards to the Privacy Act, is a participant in a binding scheme approved by regulations, is subject to privacy laws of a country approved by regulations, or is required to protect the information in a way that provides comparable safeguards to the
Privacy Act.
PRIVACY BREACHES
Youchange Limited will notify the Privacy Commissioner as soon as practicable after becoming aware that a notifiable Privacy Breach has occurred and will comply with the notification requirements in section 117 of the Privacy Act.
Youchange Limited will notify affected individuals as soon as practicable after becoming aware that a notifiable Privacy Breach has occurred.
PRIVACY OFFICER
We have a privacy officer who is responsible for:
▪ Maintaining this policy and relevant processes;
▪ Supporting staff with complying with the policy;
▪ Liaising with third parties in respect of privacy matters, including the Privacy Commissioner or other relevant regulators;
▪ Dealing with any requests we receive under the Privacy Act; and
▪ Managing any privacy complaints received.
For requests or complaints please contact the privacy officer:
Min Mackay - min@youchange.co.nz
REVIEW OF POLICY
Policy Date: April 2021
Review Date: April 2022