PRIVACY POLICY 1. 10tobuild Limited (trading as 10tobuild) is a New Zealand registered company. DEFINITIONS 2. 10tobuild content delivery platform is defined in clause 8. 3. Goods or services means any goods or services howsoever offered or provided or delivered or made available or accessible by 10tobuild, whether or not in conjunction or associated with any course or package or programme or module or coaching or webinar or workshop, and includes but is not limited to materials and to the review, preparation or repackaging of curricula vitae and covering letters or similar and the provision of assessments, reviews or proposals or similar.
4. Personal information is defined in clause 10.
5. Site means any website, online, electronic or digital platform or shop or community or forum or similar and whether existing now or hereafter developed for the purpose of providing information, advertising, social sharing, communication, sales and marketing, completing a preliminary step, booking, scheduling, reservations, enrolments, ordering, purchasing, accessing, using, attending or participating in a course or package or programme or module or coaching or webinar or workshop or materials or goods or services or for any other purpose, as the case may require, and operated or maintained or used by 10tobuild, whether or not using or involving a third-party provider or third-party resources (including but not limited to Thinkific Labs Inc.), and includes any online account or login or membership or registration with 10tobuild or its third-party providers and any means of online, electronic or digital or similar communication with 10tobuild, including but not limited to email, and whether existing now or hereafter developed. 5.1 Site includes the 10tobuild content delivery platform. 6. Thinkific is defined in clause 8. 7. You/Your includes any legal entity, body or person and any legal entity, body or person acting for you or on your behalf (whether or not as an agent) or for whom you are acting or representing (whether or not as an agent), including but not limited to your servants, agents, assigns, employees or successors. THINKIFIC 8. Thinkific — 10tobuild’s website and online content delivery platform (10tobuild content delivery platform) are hosted by Thinkific Labs Inc. (Thinkific). 8.1 10tobuild uses Thinkific’s online course creation platform to create, sell and deliver its products and services to you. Thinkific is also one of the third-party providers used by 10tobuild to market its goods and services to you. 8.2 Your data is stored through Thinkific’s data storage, databases and the general Thinkific application. Thinkific stores your data on a secure server behind a firewall. 10TOBUILD BOUND BY PRIVACY ACT 2020 (NEW ZEALAND) 9. Privacy Act 2020 — 10tobuild is bound by the Privacy Act 2020 (New Zealand). All documentation and information relating to you will be held in accordance with the Privacy Act 2020 where required, except as expressly permitted by you in writing (including by email) or as required by law. For more information, visit www.privacy.org.nz. PERSONAL INFORMATION 10. Personal information — 10tobuild may collect, retain and update limited personal information that identifies you personally (personal information), such as: a. name; b. company or organization (for example, where you are acting as the agent for or on behalf of a company that communicates with 10tobuild) or employer; c. mailing or postal address; d. email address; e. contact telephone number; f. reasons for enquiring about or purchasing goods or services howsoever offered or provided or delivered or made available or accessible by 10tobuild; g. history of purchasing goods or services howsoever offered or provided or delivered or made available or accessible by 10tobuild, and the date, place and method of purchase of such goods or services; and/or h. feedback provided by you in relation to goods or services howsoever offered or provided or delivered or made available or accessible by 10tobuild, or in relation to your dealings or interactions with 10tobuild or in relation to your dealings or interactions with other persons who have dealt or interacted with 10tobuild.
11. Collection of personal information — Personal information may be collected directly or indirectly from you. For example, 10tobuild may request personal information from you or you may provide personal information to 10tobuild when you communicate with 10tobuild for any reason whatsoever, including but not limited to preliminary enquiries and whether or not before, during or after your purchase from 10tobuild or the provision to you by 10tobuild of a course, coaching, consulting, mentoring, training, webinar, workshop, or any other goods or services howsoever conducted or offered or provided or delivered or made available or accessible by 10tobuild, including but not limited to digital or online content and whether or not: a. in person; b. by telephone; c. by an audio and/or video conferencing platform; d. by email; e. in writing; f. by you completing and/or submitting any form, survey, questionnaire, research, feedback, or contest entry form, and whether or not in writing, by email, online (such as through the 10tobuild content delivery platform or site) or through any networking or communication platform howsoever; g. by you completing and/or executing any agreement or contract with 10tobuild in writing, by email, online (such as through the 10tobuild content delivery platform or site) or through any networking or communication platform howsoever; h. by you subscribing to a mailing list, whether or not by email or online; i. by you registering online or by email; j. by you completing a preliminary step, booking, scheduling, reserving, enrolling, ordering, purchasing, accessing, using, attending or participating in goods or services howsoever conducted or offered or provided or delivered or made available or accessible by 10tobuild; k. by you accessing, using, browsing, downloading from or uploading to the site or 10tobuild content delivery platform, or interacting with the site or 10tobuild content delivery platform in any way howsoever; and/or l. by any other means howsoever. 12. Consent — When you provide 10tobuild with personal information or when 10tobuild collects personal information directly or indirectly from you, you imply that you consent to 10tobuild collecting, using and disclosing the personal information in accordance with this Privacy Policy. 13. Use of personal information — 10tobuild may use your personal information to: a. deal with your enquiries or customer service issues promptly and efficiently; b. contact you about your registration, enrolment, purchase, participation in, progress, updates or similar in relation to your use of or access to goods or services howsoever offered or provided or delivered or made available or accessible by 10tobuild; c. survey you about your usage or experience, or collect your opinion about your use, of 10tobuild’s goods or services; d. monitor how customer queries and service-related issues are handled by 10tobuild, and to enhance your interaction with 10tobuild; e. provide, monitor and market to you goods or services; f. understand your needs, and research, develop and improve the goods or services offered or provided or delivered or made available or accessible by 10tobuild; and/or g. keep you informed of developments, events, activities or promotions in areas or goods or services in which you have previously shown an interest or in which 10tobuild believes you may be interested. 14. Collection of other information — To evaluate the performance, improve the content and enhance the user experience of the site or the 10tobuild content delivery platform and to evaluate the effectiveness of 10tobuild’s advertising, marketing and sales campaigns and strategies, 10tobuild may use third parties to collect anonymous information for statistical purposes on activity on or associated with the site or the 10tobuild content delivery platform, such as users, site use, demand for relevant goods, services or products, facilities and information, traffic patterns, and related site information. 15. Disclosure of personal information — 10tobuild will only provide your personal information to third parties when: a. you have provided written consent (including by email) to share the personal information; b. 10tobuild needs to share your information with third parties to provide goods or services to you; c. 10tobuild needs to provide your information to persons, bodies or legal entities with whom 10tobuild has contracted in order to assist with your enquiry, fulfil its contractual obligations to you or otherwise howsoever, such third parties including but not limited to payment gateways, bulk emailing service providers, IT service providers, website developers, debt collection agencies or finance companies; d. 10tobuild is required or authorize by law to disclose personal information; and/or e. you violate any of 10tobuild’s terms of use (site) or terms and conditions. 15.1 10tobuild will endeavour to ensure that your personal information is not disclosed to any third party in any circumstances except for those circumstances specified in clause 15 above.
15.2 Subject to clause 15, 10tobuild will respect your privacy and will seek written permission before disclosing that you are or have been a client. 16. Permission to include details on coaching log — You acknowledge and agree that 10tobuild and any coach made available to you by 10tobuild to coach, consult with, mentor or train you can include your name, phone number, postal address and email address in its/their logs of coaching hours for coach credentialing, performance monitoring and related purposes. This information will be treated confidentially and no other information about your coaching will be revealed. | 17. Access to and correction of personal information — You may, upon reasonable written notice (including by email), access the personal information 10tobuild holds about you and you may request that any inaccurate personal information be corrected. 10tobuild will use reasonable efforts to make corrections to any personal information so requested and that is held by 10tobuild. To cover costs, 10tobuild may charge a reasonable administration fee to retrieve any personal information that you may wish to access or correct and that is held by 10tobuild. 18. Removal from mailing lists — You can request, upon written notice (including by email), to be removed from any mailing list or similar service provided by 10tobuild. Your rights of removal may be subject to any additional terms and conditions which apply to the relevant list or service or third party. PAYMENTS ENCRYPTED THROUGH PCI-DSS 19. Payments — If you purchase goods or services on the 10tobuild content delivery platform, Thinkific uses a third-party payment processor such as Stripe or Paypal. Payments are encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only so long as is necessary to complete your purchase transaction. 19.1 All direct payment gateways used on the 10tobuild content delivery platform adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. 19.2 PCI-DSS requirements help ensure the secure handling of credit or debit card information by the 10tobuild content delivery platform and Thinkific’s service providers. 19.3 For more insight, you may wish to read Thinkific’s Terms of Service here or Privacy Statement here. THIRD-PARTY SERVICES 20. Third-party services — In general, Thinkific will only collect, use and disclose your information to the extent necessary to allow Thinkific to perform the services they provide to 10tobuild. 20.1 However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies with respect to the information 10tobuild is required to provide to them for your purchase-related transactions. For these providers, 10tobuild recommends that you read their respective privacy policies so you can understand the manner in which your personal information will be handled by these providers. 20.2 Certain providers may be located in or have facilities that are located in a different jurisdiction than either you or 10tobuild. If you elect to proceed with a transaction that involves the services of a third-party service provider, your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located. As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act. 20.3 Once you leave the 10tobuild content delivery platform or are redirected to a third-party website or application, you may be subject to or governed by a third party’s privacy policy and/or terms of service or use.
LINKS 21. Links — When you click on or access a link on the site or 10tobuild content delivery platform, the link may direct you away from the site or 10tobuild content delivery platform. 10tobuild is not responsible for the privacy practices of other sites and encourages you to read their respective privacy policies and/or terms of service or use. COOKIES 22. Cookies — The 10tobuild content delivery platform collects cookies or uses similar tracking technologies (that is, information that Thinkific’s server or its third-party providers transfers to your electronic or digital device). The information collected may be used to track your completion of a preliminary step, booking, scheduling, reservation, enrolment, ordering, purchasing, accessing, using, attending or participating in goods or services conducted or offered or provided or delivered or made available or accessible by 10tobuild (including but not limited to courses and sessions) by, on or through the 10tobuild content delivery platform. 22.1 Cookies may also be used to customize the 10tobuild content delivery platform’s content for you individually. If you are using one of the common internet web browsers, you can set up your browser to either let you know when you receive a cookie or to deny cookie access to your computer. 22.2 The 10tobuild content delivery platform uses cookies to recognize your electronic or digital device and provide you with a personalized experience. 22.3 The 10tobuild content delivery platform also uses cookies to attribute visits to the 10tobuild content delivery platform to third-party sources and to serve targeted ads from Google, Facebook, Instagram and other third-party vendors. 22.4 Other third-party providers used by 10tobuild, including but not limited to Zoom, may also collect cookies or use similar tracking technologies. 22.4.1 10tobuild’s third-party advertisers use cookies to track your prior visits to the 10tobuild content delivery platform and elsewhere on the internet in order to serve you targeted advertisements. For more information about targeted or behavioural advertising, please visit here. 22.5 Opting out — You can opt out of targeted advertisements served via specific third-party vendors by visiting the Digital Advertising Alliance’s Opt-Out page. 22.6 The 10tobuild content delivery platform may also use automated tracking methods in communications with you, and in the goods or services provided or delivered or made available or accessible by 10tobuild by, on or through the 10tobuild content delivery platform, to measure performance and engagement. 22.7 Please note that because there is no consistent industry understanding of how to respond to “Do Not Track” signals, the 10tobuild content delivery platform does not alter its data collection and usage practices when it detects such a signal from your browser. WEB ANALYSIS TOOLS 23. Web analysis tools — 10tobuild may use web analysis tools that are built into the 10tobuild content delivery platform to measure and collect anonymous session or course information. RESTRICTIONS 24. Your age — You confirm that, at the time of completing any preliminary step, booking, scheduling, reserving a place, enrolling, ordering, purchasing, accessing, using, attending or participating in a course or package or programme or module or coaching or a webinar or workshop or ordering or purchasing materials or goods or services, or entering into any agreement with 10tobuild, or otherwise using or interacting with the site or 10tobuild content delivery platform, you represent that you: a. have reached the age of 18 years or are at least the age of majority in your place, state or province of residence, whichever is the greatest; and b. if you are acting on behalf of or as an agent of another or others: i. you have lawful authority to do so; and ii. every person upon whose behalf you are acting or representing (whether or not as an agent) has reached the age of 18 years or is at least the age of majority in their place, state or province of residence, whichever is the greatest.
SECURITY 25. Security — 10tobuild is committed to ensuring the security of your personal information. Reasonable precautions will be taken to protect your personal information from loss, misuse, access, disclosure, alteration or destruction. 25.1 If you use the 10tobuild content delivery platform, your credit or debit card information is encrypted using secure socket layer technology (SSL) and stored with AES-256 encryption. Although no method of transmission over the internet or electronic storage is 100% secure, the 10tobuild content delivery platform follows all PCI-DSS requirements and implements additional, generally-accepted industry standards. NO LIABILITY 26. No liability — To the fullest extent permitted by law, 10tobuild shall not be liable for any direct, indirect, incidental, consequential, special, punitive or exemplary damages or any loss of business, interest, goodwill, revenue, profit, or loss or corruption of data arising out of 10tobuild’s need to obtain your personal or business details or confidential material relating to you personally or your business. CHANGES TO PRIVACY POLICY 27. Changes to Privacy Policy — 10tobuild reserves the right to amend, change or modify this Privacy Policy at any time and without notice. The Privacy Policy as amended, changed or modified shall take effect immediately from the date of the amendment, change or modification on the site or 10tobuild content delivery platform, as the case may require. By continuing to use the site or 10tobuild content delivery platform or to engage or interact with, participate in, enquire about or purchase any goods or services howsoever offered or provided or delivered or made available or accessible by 10tobuild after any such amendment, change or modification, you are deemed to have agreed to the amended, changed or modified Privacy Policy. 27.1 If the site or 10tobuild content delivery platform is acquired or merged with another business, company or entity, your information may be transferred to that business, company or entity so that 10tobuild may continue to market, sell and deliver goods and services to you.
28. Attempt to change Privacy Policy shall be null and void — You shall not alter or amend or supplement (including by addition or deletion or revision) this Privacy Policy, whether or not by using a document that purports to be an agreement between you and 10tobuild. Any attempt to do so shall be deemed to be null and void and, in addition to any remedy available to 10tobuild at law or in equity, 10tobuild shall immediately invoke any provisions of 10tobuild’s terms and conditions relating to termination that may be applicable. |