List of active policies
Name | Type | User consent |
---|---|---|
Privacy Policy | Privacy policy | All users |
Acceptable Use Policy | Site policy | All users |
Summary
Please read and scroll to the bottom to accept.
Full policy
Updated on August 16 2024
This Policy is applicable to (hereinafter referred to as “the Organisation”):
(Achievement NZ Ltd, Activate Education Group Ltd, ACT Safety Ltd, Enform NZ Ltd, Instant Education Solutions Ltd, and Vision College Ltd.)
Purpose
The purpose of this Policy is to:
a) ensure that personal information collected and held by the Organisation is managed in accordance with the requirements of the Privacy Act 2020, the privacy principles, and all relevant legislation
b) ensure that individuals have trust and confidence in the organisation’s ability to manage and protect their personal information
c) educate people within the organisation on the collection, use, storage, sharing and disposal of personal information
d) promote a culture that protects and respects personal information.
Scope
This Policy applies to all the staff members, contractors, agents, clients, and students (if applicable).
Policy Statement
The organisation is committed to respecting, managing, and protecting personal information. To support this commitment, the organisation will comply with the provisions of the Privacy Act 2020 and all relevant legislation, and will put in place the required procedures, resources, and training.
Guidelines and Expectations
1. Breach of Security:
If the breach is notifiable, the organisation must inform the Office of the Privacy Commissioner. The online tool NotifyUs can help the organisation to check whether the privacy breach is serious and needs to be notified to the Office of the Privacy Commissioner.
2. Privacy Officers:
The Entity Leader/Campus Manager/Deputy Campus Manager will act as Privacy Officers and are responsible for ensuring that the organisation complies with the Privacy Act 2020.
3. Staff members, contractors, clients, and agents (if applicable):
a) comply with this Policy
b) treat any personal information disclosed by students, staff members, visitors, and stakeholders with a high degree of respect and confidentiality
c) complete any training on privacy required by the organisation
d) comply with the requirements of the Privacy Act 2020 and the privacy principles
4. Students (if applicable):
a. treat any personal information disclosed by fellow students, staff members and visitors with a high degree of respect and confidentiality.
b. be aware of your rights and responsibilities regarding personal information and know where to seek advice in relation to privacy breaches.
c. report any privacy concerns or breaches to the organisation Manager or nominee.
5. IT and Cyber Security Measures
a. All computers will have a firewall and antivirus software installed on them, and be kept up to date with the latest system updates.
b. All computers will be password protected, with a change of passwords done annually or as and when required.
c. All cloud storage systems and email accounts are password protected and access reviewed annually.
d. A review of user accounts and system access will occur annually, with all non-current users having access revoked, if not done previously.
e. All IT hardware and devices are to be kept on the premises or with the person in a secure manner.
f. Any IT hardware and devices that are to be disposed of will be done by an approved e-waste provider. Prior to this, all IT hardware and devices will undergo a complete system reset.
The Privacy Principles
The Privacy Act 2020 has thirteen (13) Privacy Principles that govern how we should collect, handle, and use personal information as follows:
Purpose for Collection
We only collect personal information for a lawful purpose and when the information is necessary for that purpose.
Our purpose includes but is not limited to (if applicable):
o our learning, teaching, research and other educational activities
o our administrative, enrolment, employment and management activities
o complying with our legal, regulatory and contractual obligations
o providing a safe, secure and healthy environment
o providing an appropriate level of student support and pastoral care
o recruitment and marketing activities that we undertake
o assessing whether we can reasonably make available our services or facilities to a person who has a disability for the purposes of the Human Rights Act 1993
o managing our business including internal reporting, administrative processes and selection of scholarship and prize winners.
Source of Information
We collect personal information directly from the person concerned. If this is not possible, we may collect it from other people in certain situations. For example, if:
o the person concerned gives us permission
o collecting it in another way would not prejudice the person’s interests
o collecting the information from the person directly would undermine the purpose of collection
o we are getting it from a publicly available source
What to Tell an Individual
When we collect personal information, we take reasonable steps to make sure that the individual knows:
o why it is being collected
o who will receive it
o whether giving it is compulsory or voluntary
o what will happen if they don’t give you the information.
Providing some personal information to us is optional. However, we may not be able to effectively provide you with services or carry out our role as an organisation if you do not provide us with the information we request.
Manner of Collection
We want your interaction with us to be a pleasant experience. We collect personal information in a manner that is fair and does not intrude to an unreasonable extent upon the individual concerned. We take particular care when collecting information from children (minors) ensuring we liaise with their parents/caregivers regarding their information.
Storage & Security
We hold all personal information in secure electronic systems to prevent its loss, misuse, or disclosure.
Paper-based copies of client records are kept in lockable storage such as a filing cabinet or cupboard, or in secured access areas when not in use. Most secure document storage facilities are equipped with CCTV systems to protect documents.
Access
You have the right to ask us for a copy of your personal information at any time. Wherever possible, we will provide you access to this information while ensuring we do not breach the privacy of others, or legal compliance. For example, if releasing the information could:
o endanger someone’s health or safety
o create a significant likelihood of serious harassment
o prevent the detection or investigation of a crime.
Correction
A person has a right to ask us to correct their information if it is wrong.
Accuracy
We take reasonable steps to ensure all personal information collected is accurate, complete, relevant, up to date and not misleading.
Retention
We will not keep personal information for longer than is necessary. All personal information whether kept digitally or physically will be deleted when it is no longer required.
Use
We only use personal information for the purpose we have collected it. We may use it in ways that are directly related to the original purpose, or we may use it another way if the person gives us permission, or in other limited circumstances in accordance with the Privacy Act 2020.
Disclosure
We may disclose personal information in limited circumstances. For example, if:
o disclosure is one of the purposes for which you gave the information
o the person concerned authorised the disclosure
o the information will be used in an anonymous way
o disclosure is necessary to avoid endangering someone’s health or safety
o disclosure is necessary to avoid a prejudice to the maintenance of the law.
Cross-Border Disclosure
We may send personal information to someone overseas if the information will be adequately protected. For example:
o the receiving person is subject to the New Zealand Privacy Act 2020 because they do business in New Zealand
o the information is going to a place with comparable privacy safeguards to New Zealand
o the receiving person has agreed to adequately protect the information through an agreement with privacy clauses on information sharing.
If there are no adequate protections in place, we may send personal information overseas if the individual concerned gives us express permission, unless the purpose is to uphold or enforce the law or to avoid endangering someone’s health or safety.
Unique Identifiers
A unique identifier is a number or code that identifies a person. For example, an IRD or driver’s licence number. We will not use these identifiers. However, we may assign our own specific unique identifier to individuals where it is necessary.
Personal Health Information (if applicable)
As part of our services, we may collect personal health information (such as your medical conditions or information relating to disability) to determine your eligibility to participate in our programmes. We will obtain consent to such collection and directly from the person/s concerned and explain to them how the information will be used and disclosed. Parents and caregivers will be contacted directly for personal health information regarding minors.
We will not use personal health information beyond the consent provided unless further consent is obtained or in accordance with one of the exceptions under the Privacy Act 2020 and the Health Information Privacy Code 2020 or in accordance with any applicable law. If we use personal health information for research or statistical purposes, it will be anonymised if practicable to do so.
Cookies
Visits to our websites are recorded and logged. The following data is collected anonymously and supplied by the Service User’s browser:
o Your IP address and/or domain name
o Your operating system (e.g., Windows 10)
o The type of web browser you use (e.g., Google Chrome, Internet Explorer)
o The date, time, and length of the visit to the website
o The resources and pages you accessed, and the documents downloaded
o The search terms you used
o The referring site (if any) through which you clicked to our website
This information is used to compile statistical information about the use of our website and not for any other purpose. If you do not want cookies to be used, please adjust your browser settings to disable them.
Photography & Video (if applicable)
During activities and events, our team may take still photographs and video footage of various aspects, including shots where individuals and groups are identifiable. These shots may be used in social media and for promotional purposes and this purpose alone. As an organisation we take into consideration the general obligations around collection of personal information in Principles 1-4 of the Privacy Act 2020.
Social Media (if applicable)
We use social media networking services to share content and promote our activities in a public space. When you engage with us using these services, the social network may collect your personal information for its own purposes. These networks have their own privacy statements which are independent of ours. They do not have any access to your personal information that we hold.
Security (if applicable)
We have CCTV devices installed across our locations. CCTV footage is recorded and retained for security purposes (e.g. if there was a theft or a break-in) and is only viewed by authorised staff. The footage will not be made public unless authorised by the individual(s) shown in the footage or in consultation with the New Zealand Police. The footage will be deleted after it is no longer required by us for security or operational reasons. There is signage at our locations advising of the presence of CCTV devices.
Confidentiality
All information collected will be treated with appropriate care to maintain confidentiality. The collection, use and storage of personal information will comply with the Privacy Act 2020. Information will only be shared where there is good reason to do so.
References
· Privacy Act 2020
· Education and Training Act 2020
· Public Records Act 2005
· Health Information Privacy Code 2020
· Official Information Act 1982
· Education (Pastoral Care of Tertiary and International Learners) Code of Practice 2021
· Privacy Statement – the organisation Limited.
What do we do if there is a breach of your privacy?
If we believe that there has been a privacy breach, then we will identify the breach and take reasonable steps to minimise any harm caused by the breach. Where we believe any breach of privacy poses a risk of serious harm or is likely to cause serious harm then we are required to notify the Privacy Commissioner and affected parties.
Where you believe that there has been a breach in relation to your privacy, then please contact us as soon as possible.
If you are not satisfied with the way we have dealt with or resolved your complaint then you can escalate this by contacting the Privacy Commissioner at any time:
Office of the New Zealand Privacy Commissioner
Website: www.privacy.org.nz
Phone: 0800 803 909
Email: enquiries@privacy.org.nz
What is your right to access your personal information?
You have the right to ask for a copy of any personal information we hold about you, and to ask for it to be corrected if you think it is wrong. If you’d like to ask for a copy of your information, or to have it corrected, please contact us by email at info@instant.org.nz, or by phone 0800 864 863.
Changes to our Privacy Policy
We reserve the right to change this Policy from time to time as we see appropriate. In the event we do amend this Policy, we will post the revised version on our website and use reasonable endeavours to draw your attention to the amended Policy. The most recent version of this Policy will apply.
How to get in touch with us
Your privacy is important to us, if you have a general privacy enquiry or complaint about a privacy breach then please contact our Privacy Officer at: info@instant.org.nz
This privacy statement was created with the help of the privacy statement generator from the Office of the Privacy Commissioner at https://www.privacy.org.nz/tools/privacy-statement-generator/
Summary
Please read and scroll to the bottom to accept.
Full policy
Updated on August 2024
Contents
2. Prohibited Activities and Uses
7. Defamation and Objectionable Content
1. Overview
1.1. This acceptable use policy (“Policy”) sets forth the general guidelines and acceptable and prohibited uses of any Instant Online platform (“Platform”) and any of its related products and services (collectively, “Services”). This Policy is a legally binding agreement between you (“User”, “you” or “your”) and Instant Online (“IO”, “we”, “us” or “our”). If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this agreement, you must not accept this agreement and may not access and use any Instant Online Platform or any of its related products and services. By accessing and using the Platform and/or Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and Instant Online, even though it is electronic and is not physically signed by you, and it governs your use of the Platform and Services.
1.2. Instant Online (hereafter, ‘IO’) reserves the right to recover any relevant damages and to seek prosecution of the offending party or parties at its sole discretion. This clause is subject to compliance with applicable New Zealand laws, including the Harmful Digital Communications Act 2015 and the Privacy Act 2020.
2. Prohibited Activities and Uses
2.1. You may not use the Platform and/or Services to upload, post, transmit, share, publish content or otherwise make available content that is illegal under applicable law, abusive, defamatory, harassing, false, misleading or deceptive that is harmful to others, or that would subject us to liability, including, without limitation, in connection with any of the following, each of which is prohibited under this Policy:
- Distributing malware or other malicious code.
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Disclosing sensitive personal information about others in violation of the Privacy Act 2020.
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Collecting, or attempting to collect, personal information about third parties without their knowledge or consent, in accordance with the Privacy Act 2020.
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Distributing pornography or adult related content.
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Managing payment aggregators or facilitators such as processing payments on behalf of other businesses or charities.
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Facilitating pyramid schemes or other models intended to seek payments from public actors as prohibited by New Zealand law.
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Infringing, breaching or misappropriating the intellectual property or other proprietary rights of others, as protected under the Copyright Act 1994.
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Using the Platform and/or Services in any way which causes, or may cause, damage to the Platform or interferes with any other person's use or enjoyment of the Platform.
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Using the Platform and/or Services in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable New Zealand law, regulation, or governmental order.
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Making, transmitting, or storing electronic copies of content protected by copyright without the permission of the owner, in violation of the Copyright Act 1994.
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Facilitating, aiding, or encouraging any of the above activities through the Platform and/or Services.
3. Passwords and Credentials
3.1. The login (computing account/password combination referred to as “Credentials”) identifies a single individual and is reserved for that individual, who is personally responsible for it.
3.2. Credentials must conform to the complexity requirements as indicated by the Platform and/or Services notifications.
3.3. Credentials, including your user name and password, must not be shared with any third party and must comply with the security requirements. Please keep your login, password and/or other authentication information secure. Do not write this information down or use details which could be easily guessed by any person. You are responsible for protecting your login and password and for the security of your computer (and any network which you are responsible for), including anti-virus and other relevant security measures to prevent unauthorised use of, and access to, your Platform account, , and it is strongly suggested that users change their password frequently, at least every 3-6 months.
3.4. We recommend that Users never leave computers unattended while logged in.
3.5. Information containing Credentials should never be stored locally on any public access computer (library, internet café, etc.).
3.6. Users may not share their Credentials with anyone at any time. Compromised Credentials will be suspended at IO’s sole discretion.
3.7. Users will be held accountable for any activity which occurs using their Credentials.
4. System Abuse
4.1. Any User in violation of the Platform and/or Services security is subject to criminal and civil liability, as well as immediate account termination. Examples include, but are not limited to the following:
- Use or distribution of tools designed for compromising security of the Platform and Services.
- Intentionally or negligently transmitting files containing a computer virus or corrupted data.
- Accessing another network without permission, including to probe or scan for vulnerabilities or breach security or authentication measures.
- Unauthorized scanning or monitoring of data on any network or system without proper authorization of the owner of the system or network.
5. Service Resources
5.1. You may not consume excessive amounts of the resources of the Platform and/or Services or use the Platform and/or Services in any way which results in performance issues or which interrupts the Services for other Users. Prohibited activities that contribute to excessive use, include without limitation:
- Deliberate attempts to overload the Platform and Services and broadcast attacks (i.e. denial of service attacks).
- Engaging in any other activities that degrade the usability and performance of the Platform and/or Services.
6. No spam policy
6.1. You may not use the Platform and/or Services to send spam or bulk unsolicited messages. We maintain a zero tolerance policy for use of the Platform and/or Services in any manner associated with the transmission, distribution or delivery of any bulk e-mail, including unsolicited bulk or unsolicited commercial e-mail, or the sending, assisting, or commissioning the transmission of commercial e-mail that does not comply with the applicable New Zealand law. (Unsolicited Electronic Messages Act 2007).
6.2. Your products or services advertised via SPAM (i.e. Spamvertised) may not be used in conjunction with the Platform and/or Services. This provision includes, but is not limited to, SPAM sent via fax, phone, postal mail, email, instant messaging, or newsgroups.
6.3. Sending emails through the Platform and/or Services to purchased email lists (“safe lists”) will be treated as SPAM.
7. Defamation and objectionable content
7.1. We value the freedom of expression and encourage Users to be respectful with the content they post. However, under the Harmful Digital Communications Act 2015, we reserve the right to moderate, disable, or remove any content to prevent harm to others or to us or the Platform and/or Services, as determined at our sole discretion. We are not a publisher of User content and are not in a position to investigate the veracity of individual defamation claims, but we will act to prevent harm in compliance with New Zealand law.
8. Copyrighted Content
8.1. Copyrighted material must not be published via the Platform and/or Services without the explicit permission of the copyright owner or a person explicitly authorized to give such permission by the copyright owner. Upon receipt of a claim for copyright infringement, or a notice of such violation, we will immediately run a full investigation and, upon confirmation, will notify the person or persons responsible for publishing it and, at our sole discretion, will remove the infringing material from the Platform and/or Services. We may terminate the access of Users with repeated copyright infringements. Further procedures may be carried out if necessary. We will assume no liability to any User of the Platform and/or Services for the removal of any such material. If you believe your copyright is being infringed by a person or persons using the Website and Services, please get in touch with us to report copyright infringement.
9. Security Enforcement
9.1. We reserve our right to be the sole arbiter in determining the seriousness of each infringement and to immediately take corrective actions, including but not limited to:
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Suspending or terminating your access to the Platform and/or Services with or without notice upon any violation of this Policy.
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Disabling or removing any content which is prohibited by this Policy, including to prevent harm to others or to us or the Platform and/or Services, as determined by us in our sole discretion.
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Reporting violations to law enforcement as determined by us in our sole discretion, in compliance with New Zealand law.
9.2. Nothing contained in this Policy shall be construed to limit our actions or remedies in any way with respect to any of the prohibited activities. In addition, we reserve at all times all rights and remedies available to us with respect to such activities at law or in equity.
10. Reporting Violations
10.1. If you have discovered and would like to report a violation of this Policy, please contact us immediately. We have no obligation to provide a response regarding the investigation process and/or outcomes.
11.1. We reserve the right to modify this Policy or its terms related to the Platform and/or Services at any time at our discretion. When we do, we will revise the updated date at the bottom of this page and notify you via email or Platform notification. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.
11.2. An updated version of this Policy will be effective immediately upon the posting of the revised Policy unless otherwise specified. Your continued use of the Platform and/or Services after the effective date of the revised Policy (or such other act specified at that time) will constitute your consent to those changes.
12. Acceptance of this Policy
12.1. You acknowledge that you have read this Policy and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Policy. If you do not agree to abide by the terms of this Policy, you are not authorized to access or use the Platform and Services.
13. Contacting us
13.1. If you have any questions, concerns, or complaints regarding this Policy, we encourage you to contact us using the details below:
This acceptable use policy was created with the help of the acceptable use policy generator at https://www.websitepolicies.com/acceptable-use-policy-generator