WEBSITE TERMS OF USE
These Terms outline the rules governing use of the Toi Foundation Website. The Terms are to be read in conjunction with our Privacy Policy (below).
1. APPLICATION OF TERMS
1.1 These Terms apply to your use of the Website. By accessing the Website:
(a) you acknowledge that you have read and agreed to be bound by these Terms and our Privacy Policy; and
(b) where your access and use is on behalf of another person, you confirm that you are authorised to, and do agree to these Terms on that person's behalf so that they are also bound by these Terms.
1.2 If you do not agree to these Terms, you must not use the Website.
2. CHANGES
2.1 We may change these Terms at any time without notice by updating them on our Website. Any change take effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Website, you agree to be bound by our updated Terms.
2.2 These Terms were last updated April 2024
3. DEFINITIONS
In these Terms:
Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis;
Personal information means information about an identifiable individual (being a natural person, not a corporate body), as defined in the Privacy Act 2020;
Terms means these terms and conditions;
Underlying System means any network, system, software, data or material that underlies or is connected to the Website;
We, us or our means the Toi Foundation;
Website means https://toifoundation.org.nz and https://toifoundation.fluxx.io.
You means you or, if clause 1.1(b) applies, both you and the other person on whose behalf you are acting
4. YOUR OBLIGATIONS
4.1 You must provide true, current and complete information in your dealings with us, and must promptly update that information as required so that the information remains true, current and complete.
4.2 You must:
(a) not use the Website in breach of any legislation or for any unlawful act;
(b) not act in a way, or use or introduce anything (including any virus, worm, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, or damages or could damage the Website or any Underlying System; and
(c) access the Website via standard web browsers only and not by any other method.
4.3 You indemnify us against any Loss we may suffer or incur as a direct or indirect result of your failure to comply with these Terms.
5. PRIVACY POLICY
5.1 When you provide personal information to us, we will comply with the Privacy Act 2020 and our Privacy Policy contained on the Website.
6. INTELLECTUAL PROPERTY
6.1 We (or our licensors as applicable) own all proprietary and intellectual property rights in the Website, its contents and the Underlying Systems.
6.2 We welcome the use of our logos with prior written approval from us in accordance with our Branding Guidelines.
6.3 You may not use, copy, monitor, modify, transmit, store, extract, publish or distribute any material on or accessed through our website for commercial purposes unless you have obtained our prior written approval.
6.4 We may restrict or block your access to and use of our Website at any time if we reasonably believe that you may have breached any provision of these Terms.
7. DISCLAIMERS & EXCLUSIONS
7.1 To the extent permitted by law, we have no liability or responsibility to you or any other person for any Loss in connection with:
(a) the Website being unavailable (in whole or in part) or performing slowly;
(b) any error in, or omission from, any information made available through the Website;
(c) any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website. To avoid doubt, you are responsible for ensuring the process by which you access and use the Website protects you from this; and
7.2 Nothing on the Website shall be construed as an acceptance by us to any application in relation to the granting of a funding programme to you or to anyone for whom you might be acting. If you wish to express interest in our funding programmes then you will need to let us know and complete the formal application process online and be approved prior to receiving any funding from us.
8. LIABILITY
8.1 To the maximum extent permitted by law:
(a) you use the Website at your own risk; and
(b) we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Website, or your access and use of (or inability to access or use) the Website. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
8.2 Except to the extent permitted by law, nothing in these terms affect any rights you have under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986,
8.3 The sites linked to this site are not under the control of Toi Foundation. Toi Foundation is not responsible for, and makes no representations, warranties or conditions concerning, the contents of any linked site or any link contained in a linked site. Toi Foundation provides links to you only as a convenience, and the inclusion of any link does not imply endorsement, investigation or verification by Toi Foundation of the linked site. In accordance with internet protocol, we require that you request the permission of Toi Foundation to link to this site.
9. SUSPENSION AND TERMINATION
9.1 We may change, suspend, discontinue, or restrict access to, the Website at any time without notice or liability.
9.2 On suspension or termination, you must immediately cease using the Website and must not attempt to gain further access.
10. NOTICES
10.1 If we need to contact you, we may do so by email or by posting a notice on the Website. You agree that this satisfies all legal requirements in relation to written communications.
11. WAIVER
11.1 No waiver of any provisions of this Terms will be binding unless made expressly and confirmed in writing by one party to the other Parties to this Agreement. Further, any such waiver will relate only to such matter, non-compliance or breach to which it expressly relates and will not apply to any subsequent or other matter, non-compliance or breach.
12. SURVIVAL OF OBLIGATIONS
12.1 Provisions which, by their nature, are intended to survive termination of these Terms, including provisions 4.3, 6, 7, 8, 10.1, continue in force.
13. NO RELIANCE
13.1 These Terms set out everything agreed by the parties relating to your use of the Website and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to the Website that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.
13.2 If there is any inconsistency between such additional terms and conditions and these terms and conditions, then the additional terms and conditions will prevail to the extent of that inconsistency.
14. SEVERABILITY
14.1 Should any part or provision of these Terms be held unenforceable or in conflict with the applicable laws or regulations of any jurisdiction, the invalid or unenforceable part or provision will be replaced with a provision which accomplishes, to such extent as possible, the original purpose of the part or provision in a valid and enforceable manner and the remainder of these Terms will remain binding.
15. GOVERNING LAW
15.1 These Terms, and any dispute relating to these Terms or the Website, are governed by and must be interpreted in accordance with the laws of New Zealand.
15.2 Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or the Website.
PRIVACY POLICY
The Toi Foundation operates https://toifoundation.org.nz/.
This privacy policy informs you how the Toi Foundation (‘we’, ‘us’, ‘our’) collect, use, store, share and dispose of your personal information. Personal information means information about an identifiable individual (being a natural person, not a corporate body), as defined in the Privacy Act 2020.
This privacy policy reflects our commitment to respecting and protecting all personal information that we hold about you.
By interacting with us or using our website, you are deemed to have accepted this privacy policy and the terms on which we use your personal information.
Our Policy
We only use, store, and share personal information collected in accordance with this privacy policy and the Privacy Act 2020.
Scope
This privacy policy applies to all personal information, including personal information collected through our website, through the website https://toifoundation.fluxx.io/ (being “Toi Foundation’s Online Grants Portal”), our social media pages, phone calls, written communications we receive, meetings we conduct, and other interactions with you and the organisations we partner with to meet our objectives.
This privacy policy also applies to personal information provided by the following persons:
• our (grant) applicants, including applicants and related person named in the application, and their authorised representatives;
• our (grant) applicants, including applicants and related person named in the application, and their authorised representatives;
• persons who voluntarily provide us personal information, for example users of our website, those who contact us or connect with us on social media;
• other ‘associated people’ (such as shareholders, company directors, responsible and advisory trustees) of people we work with.
This policy applies to all capacities in which we exercise our duties, functions, and obligations.
Collection
What personal information do we collect?
We only collect personal information where it is necessary for the purpose of our objectives which includes providing grants to primarily non-profit organisations, registration, application assessment, coordination, evaluation and reporting. For example: your name, address, contact information, and other information submitted by applicants as part of the funding application process.
In some cases, if personal information we request is not provided, we may not be able to provide some or all of our services to you.
How do we collect your personal information?How do we collect your personal information?
We collect your personal information directly from you, such as when:
• You contact us by email, phone or through our website.
• You attend a meeting with us.
• You contact or connect with us on social media.
• You apply through Toi Foundation's Online Grants Portal.
• You provide us with your information in order to apply in one of our funding programmes.
• You interact with our website in any way.
We may also collect information about you from other people, such as when: We may also collect information about you from other people, such as when:
• You provide one of our partners, community organisations, funders, other philanthropic entities and educational institutions with your information in order to apply in one of our funding programmes / as part of your application.
• You authorise someone else to provide us with personal information or to update your personal information, for example when someone else updates your details with us. We may ask your authorised person to show proof of connection to you.
• You authorise someone else to provide us with personal information or to update your personal information, for example when someone else updates your details with us. We may ask your authorised person to show proof of connection to you.
• We search publicly available information.
• Liaise with other organisations to better understand your services.
• We engage third parties to undertake services on our behalf to enable us to perform our functions, and those third parties collect your information.
If you have provided us with information about another person, you warrant that you have that person’s permission to do so and that the information is accurate.
Cookies
Our website, and other web services we offer, use cookies. Browser or ‘web’ cookies are small text files that are sent by a website and stored on your computer's hard drive to collect information about how you browse the website.
Cookies are used to:
• Measure how you use the website so it can be updated and improved based on your needs.
• Measure how you use the website so it can be updated and improved based on your needs.
• Remember the notifications you’ve seen so that we don’t show them to you again.
You can manually disable cookies at any time. Check your browser's 'Help' to find out how (disabling cookies will not affect your ability to use this website).
Data collected by cookies may include:
• Your IP address.
• Your IP address.
• The search terms you used on this site.
• The pages you accessed on this site and the links you clicked on.
• The date and time you visited this site.
• The referring site (if any) from which you clicked to reach this site.
• The device you used to access this site.
• Your operating system (e.g. Windows 10, MacOS).
• The type of web browser you used to access this site (e.g. Internet Explorer, Google Chrome).
• Other things like your screen resolution, the release of your installed Flash version and the language setting of your browser.
Storage, Security and Retention
How do we store your personal information?
We take reasonable care, and will require any third parties acting on our behalf, to keep your personal information safe from loss, misuse, and unauthorised disclosure.
Information is predominantly held with Fluxx or within our software system SharePoint. Any hard copy information not destroyed will be stored securely by us. In some cases, aspects of your personal information may be stored outside of New Zealand for business continuity/ redundancy purposes, or specialised services that are not hosted in New Zealand.
How do we secure your personal information?
We take security seriously. Our website and our systems have security measures in place to prevent the loss, misuse and alteration of information under our control. To maintain the cyber security of our systems and information, our systems are subject to ongoing security monitoring (including activity logging), security analysis, patching, security testing and auditing.
We may use information about your use of our website and other IT systems to prevent unauthorised access or attacks on these systems or to resolve such events. We may use this information even if you are not involved in such activity.
We may use services from one or more third party suppliers to monitor or maintain the cyber security of our systems and information. These third party suppliers will have access to monitoring and logging information as well as information processed on our website and other IT systems.
How long do we keep your personal information?
The law requires us to destroy your personal information if we no longer require it for the purpose for which we collected it or if it is no longer required to meet our legal requirements. If we have to keep it to meet our legal requirements, we will continue holding it until it is no longer required to meet those requirements.
Use of Personal Information
We use the personal information you provided us for the purposes that you provided the personal information to us and to perform our lawful duties and functions as required.
We may also use your personal information:
• To provide our funding and grants.
• To provide our funding and grants.
• To conduct market research and improve our initiatives.
• To perform a purpose directly related to the purpose for which you have given your personal information to us.
• Where the law permits or requires its use.
• To meet our legal obligations, as well as obligations imposed by governmental, judicial or regulatory entities or authorities, and entities that supervise or regulate us.
• To contact you about a request or query.
• To help us understand your needs and preferences so that we can enhance or develop new services.
• To communicate with you about funding programmes, and send you information about other relevant services.
• As otherwise permitted by the Privacy Act 2020.
Accuracy of Information
We will not use or disclose any personal information without taking reasonable steps (in the circumstances) to ensure it is accurate, up to date, complete, relevant, and not misleading.
Sharing and Disclosure
Who do we provide your information to?
We do not generally share your personal information with third parties unless sharing it is needed for the purpose for which you gave the information to us. However, we may share your personal information in the following circumstances:
• With organisations we partner with.
• With organisations we partner with.
• With people or organisations that undertake services for you and/ or us.
• For a directly related purpose to the purpose for which the information was collected.
• When required or permitted by law.
• When we need legal or other professional advice.
• To meet obligations imposed by governmental, judicial or regulatory entities or authorities and entities that supervise or regulate us.
• When you have provided your authorisation to disclose your personal 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 for which the personal information was collected.
• The disclosure is directly related to the purposes for which the personal information was collected.
• The personal information is publicly available and disclosure is not unfair or unreasonable.
• You have authorised the disclosure.
• The personal information will be used in a form where you are not identifiable; or
• Non-compliance is necessary as set out in the Privacy Act 2020.
When we disclose your information to third parties, we make sure they are aware of the importance we place on protecting your privacy. They are required to keep your information confidential, and only use it for the purpose for which we have supplied it, or as permitted or required by law.
In all other cases we will only disclose your personal information if it is permitted under the Privacy Act 2020.
Right of Access and CorrectionRight of Access and Correction
How can you check and correct your personal information?
Subject to the exceptions in the Privacy Act 2020, you have the right to:
• Find out from us whether we hold personal information about you.
• Access that information.
• Request corrections of that information, if applicable. If we have a good reason for refusing a request for correction, we are not required to change the personal information, however, the “correction” will be attached to the personal information. If you request such a correction we will inform you of the action taken as a result of the request.
If you want to find out whether we hold personal information about you, access that information, or request a correction, please contact our Privacy Officer (details below).
Notifiable Breaches
If there is a breach of privacy involving your personal information, we will comply with any legal obligations in the Privacy Act 2020. If there is a notifiable privacy breach (one which has caused or is likely to cause serious harm) we will notify the Office of the Privacy Commissioner and the affected people (unless an exception applies).
Privacy Officer
We have a privacy officer who is responsible for:
• Maintaining this policy and relevant processes.
• 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 2020; and
• Managing any privacy complaints received.
For information, requests, or complaints please contact our Privacy Officer: For information, requests, or complaints please contact our Privacy Officer:
Glen West, General Manager, [email protected]
If you make a privacy complaint, we will follow it up through our internal complaints process.
Updating This Policy
We review this policy regularly and we might make some changes from time to time. We may amend and update this privacy policy by posting a revised version on our website. You will always find the current version on our website at https://toifoundation.org.nz/privacy/. Any amendments will be effective immediately from the date the new version is posted.
Last updated: April 2024