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PRIVACY & TERMS

 

Acceptance

These terms and conditions apply to the use of the www.Haystack.jobs website (“this website”) and in accessing or using or browsing this website you agree to be bound by these terms and conditions. If you do not accept these terms and conditions then you must refrain from using this website. Any reference to "Haystack.jobs", "we", "our" or "us" in these terms and conditions shall mean Haystack.jobs Limited.

 

Amendments to terms and conditions

We reserve the right to review and amend these terms and conditions from time to time. Amendments will be effective immediately and Haystack.jobs has no obligation to notify you of such amendments. We recommend that you check this page for amendments each time you revisit this website. Your use of this website will represent an agreement by you to be bound by the terms and conditions as amended.

 

Specific warnings

The content on this website has been compiled with the assistance of a number of suppliers. We do not independently verify such information and do not make any representations or warranties that the information provided on this website is reliable, accurate or complete.

 

All information provided by this website is intended to be general in nature and you should not rely on it in connection with the making of any decision. While we have no reason to believe that any information contained on this website is inaccurate, incomplete or misleading, we do not warrant the accuracy, adequacy or completeness of such information. Haystack.jobs does not accept any responsibility or liability for any loss or damage suffered as a result of reliance by you upon the information contained on this website.

 

Haystack.jobs also does not accept responsibility or liability for any interference or damage to your computer system which arises in connection with your use of this website or any linked website.

You indemnify us and our related bodies corporate and our directors and employees against any claim by a third party arising out of a breach of these terms and conditions by you.

 

Restricted use

Without limiting the foregoing, you may not on-sell information obtained from this website. If you wish to provide a hypertext or other link to this website, you must contact Haystack.jobs for our permission. We may or may not consent to you linking another website to this website and the decision is entirely ours.

 

Intellectual property rights

This website is our sole and exclusive property. You may not in any form or by any means adapt, reproduce, distribute or publish any content displayed on this website without our written permission.

 

“Haystack.jobs” is our trade name and you must not use our trade name in or as part of your own name, in connection with activities, products or services which are not ours, in a manner which may be confusing, misleading or deceptive or in a manner that disparages us or our information, products or services.

 

Linked websites

This website contains links to external websites. We are not responsible for the content or privacy practices associated with linked websites.

Any link to a website is provided to help you find sites containing information, products or services which may be of interest to you. No link to a website shall be construed as an endorsement or warranty, approval or recommendation by Haystack.jobs of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained or available on or from those linked websites.

 

Website privacy policy

 

We take the issue of privacy seriously. This privacy policy covers our use of information which is collected through or in connection with your use of this website. We may collect and store information about you and your visit to this website which may be used by us to:

 

(a) Send you news, information about our activities and general promotional material which we believe may be useful to you;

(b) Respond to queries or requests, or applications submitted by you;

(c) Monitor who is accessing this website or using the services offered on this website;

(d) Profile the type of people accessing this website; and

(e) To provide your details to our suppliers and advertisers.

 

If you do not wish to have your personal information used in this manner or for any other specific purpose please contact us.

We may utilise "cookies" which enable us to monitor traffic patterns and to serve you more efficiently if you revisit this website. A cookie does not identify you personally, but rather it identifies your computer. The type of information collected by way of a cookie includes your IP address, the date and time this website was accessed and what parts of this website were viewed and delivered. You can set your browser to notify you when you receive a cookie and this will provide you with an opportunity to either accept or reject it in each instance.

 

We are not responsible for the privacy policy or practices of other websites, even if you have accessed those websites using links from this website, or you linked to this website from another website. We recommend you check the privacy policy of each website you visit.

 

We will not sell or otherwise provide your personal information to a third party, or make any other use of your personal information, for any purpose other than those listed above or for a purpose which is incidental to your use of this website.

 

Personal information which we collect (including your contact details) is kept confidential to the best of our ability. Pursuant to the Privacy Act 1993 you have the right to access and correct personal information we hold about you. Please contact us if you would like to exercise this right.

 

Security of information

Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. While Haystack.jobs strives to protect such information, Haystack.jobs does not warrant and cannot ensure the security of any information which is transmitted to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information in accordance with the Privacy Act 1993 and our above website privacy policy.

 

Termination of access

We may terminate access to this website at any time without notice. Our disclaimers will nevertheless survive such termination. Haystack.jobs does not warrant that you will have continued access to this website, and will not be responsible or liable for any loss, claims, costs, expenses, or damage, directly or indirectly incurred or resulting from or related to your inability to use or access this website.

 

Disclaimer

We do not accept responsibility for any loss or damage, however caused, which you may directly or indirectly suffer in connection with your use of this website or any linked website or the purchase or use of any product or service advertised on this website.

To the extent permitted by law, any condition or warranty, whether express or otherwise implied into these terms and conditions, including fitness for purpose is hereby excluded. However, nothing in these terms and conditions is intended to have the effect of contracting out of the provisions of the New Zealand Consumer Guarantees Act 1993 except to the extent permitted by that Act.

If you are using this website or purchasing goods for business purposes, you agree that the New Zealand Consumers Guarantees Act 1993 does not apply.

 

Governing law

This website and content has been developed in accordance with the laws of New Zealand. These terms and conditions, and any matters or disputes connected with this website or the online purchase of goods shall be governed by the law of New Zealand and the New Zealand courts shall have exclusive jurisdiction to hear and determine all claims in connection with this website and its use.

 

Feedback or complaints

We welcome contact from you regarding this website. If you would like to express any concerns or comments please contact us.

 

Software License Agreement:
Introduction

Company has agreed to license Licensee to access and use the Software on the following terms and conditions.

1. Interpretation

1.1 In this Agreement:

Access Key means a unique code and login password that allows Licensee to access the Software;

Commencement Date means the date on which Licensee is provided with an Access Key;

Data means where applicable any data inserted into the Software by Licensee;

Documentation means all instruction manuals, user guides and other information relating to the Software made available with the Software or through the Website;

Licensee means an end user of the Software who has a current Licence to use the Software;

Fees means the amounts payable by Licensee for the right to use the Software, as published from time to time by Company;

Intellectual Property Rights means all property in the Software and the Documentation and rights to patents, licences, trade marks, service marks, trade names, inventions, trade secrets, copyright, moral rights, design rights, know-how, confidential information and any other intellectual property rights;

Licence means the licence granted under clause 2.1;

Software means the object code version of the software application;

Website means www.haystack.jobs

2. Licence

2.1. With effect from the Commencement Date Company grants to Licensee a non-exclusive, non-transferable Licence to access and use the Software for Licensee's own internal business purposes and on the terms of this Agreement.

2.2. Company will provide Documentation to assist Licensee in accessing and using the Software.

2.3. In order to access and use the Software, Licensee must:

(a) Have paid the Fees plus any taxes and duties to Company; and

(b) Register with Company either directly or through the Website and supply an email address.

2.4. Once Company has received confirmation that the Fees have been paid, Company will issue an Access Key to Licensee.

3. Hardware and service requirements and performance

3.1. Licensee acknowledges that:

(a) Licensee is solely responsible for acquiring, servicing, maintaining and updating all equipment, computers, software, interfaces and communication services that allow a user to access and use the Software;

(b) The operation and availability of the system used for accessing the Software, including public telephone services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Software; and

(c) Company is not in any way responsible for any interference with or prevention of Licensee’s access and/or use of the Software.

4.Intellectual Property Rights and Confidentiality

4.1. Licensee acknowledges that the Intellectual Property Rights belong to Company and will not dispute Company’s ownership.

4.2. All information relating to the Software and the Documentation will be treated by Licensee as confidential unless it is in the public domain otherwise than by a breach of this Agreement.

4.3. Company acknowledges that the Intellectual Property Rights in any Data remain the property of Licensee. Licensee must maintain copies of all Data entered into the Software and Company will not be liable for any loss cost or expense suffered by Licensee or any other party as a result of the Data.

4.4. All information relating to Licensee that could reasonably be considered by its nature to be confidential will be treated by Company as confidential,unless Licensee gives permission for Company to use the information or the information is in the public domain otherwise than by a breach of this Agreement.

4.5. Licensee undertakes:

(a) Not to copy any Documentation, except to the extent necessary for Licensee's own back-up purposes.

(b) To maintain the confidentiality of Licensee’s Access Key and not to allow any unauthorised person to use the Access Key;

(c) Not to transfer or otherwise deal in the Documentation or Licensee's rights under this Agreement;

(d) To maintain all copyright notices on the Documentation;

(e) To notify Company immediately it becomes aware that any person may have unauthorised knowledge, access to or use of the Software or the Documentation.

4.6.Licensee's obligations under this clause will survive termination of this Agreement.

5. Warranties

5.1. Company warrants that it has full power and authority to grant access to the Software and the Documentation to Licensee.

5.2.Company warrants that to the best of its knowledge and belief the Software and the Documentation do not infringe any patent, copyright, trade secret or other intellectual property right of any third party.

5.3.Company warrants that the Software will function substantially in accordance with the Documentation but Licensee acknowledges that the Software is of a complicated and technical nature and may have inherent defects. Company will provide reasonable programming and remedial services to correct documented code errors caused by a defect in the Software. Licensee acknowledges that Company accepts no liability, and is not in any way responsible for, any interference in Licensee’s access to the Software caused by these defects.

6. Limitation of liability

6.1.Except as expressly provided in this Agreement, all representations or warranties (statutory, express or implied), except any which may not lawfully be excluded, are expressly excluded, including the implied warranties of merchantability and fitness for a particular purpose.

6.2. Notwithstanding anything in this Agreement to the contrary, Company will not be liable under the law of tort, contract or otherwise for any loss of profits or any indirect or consequential loss or damage, however caused, arising out of the use of the Software.

6.3. Company's liability to Licensee arising out of all claims for damages under this Agreement will not exceed in aggregate the Fees actually paid by Licensee in the six months prior to the date on which the claim arose.

7. Default and termination

7.1. Company may terminate this Agreement and remove Licensee’s right to access and use the Software immediately on giving written notice to Licensee if Licensee:

(a) Breaches any of its obligations under clause 4;

(b) Breaches any other provision of this Agreement and fails to remedy the breach within seven days after receiving notice from Company requiring it to be remedied;

(c) Assigns its rights or obligations under this Agreement otherwise than in accordance with clause 8.3; or

(d) Becomes insolvent, goes into liquidation, has a receiver appointed over any of its assets, ceases to carry on its business or makes any composition or arrangement with its creditors.

7.2. Following termination of this Agreement Licensee will have no further right to access or use the Software and must return to Company the End user’ Access Key and all copies of the Documentation in whatever form possessed by Licensee.

8. General

8.1. Any notice to be given in terms of this Agreement must be made in writing, by email or by fax sent to the registered office or principal place of business of the other party or to such other address as may be notified by either party to the other from time to time. Any communication by email or fax will be deemed to be received when transmitted to the correct email or fax address of the recipient. Any other communication in writing will be deemed to be received when left at the specified address of the recipient or on the third day following the date of posting.

8.2. No waiver of any breach of this Agreement will be deemed to be a waiver of any other or any subsequent breach. The failure of any party to enforce any provision of this Agreement will not be interpreted as a waiver of the provision.

8.3. This Agreement constitutes the entire agreement between the parties and supersedes all previous negotiations, commitments and/or writings, provided that, where a confidentiality agreement has previously been signed by the parties, that confidentiality agreement will continue in full force and effect, except to the extent of any inconsistency with this Agreement.

8.4. No alteration of this Agreement will be binding unless it is in writing and executed by both parties.

8.5. Licensee may not assign or transfer this Agreement or any of its rights or obligations hereunder without the prior written consent of Company.

8.6. If any provision of this Agreement is invalid or unenforceable, the remaining provisions will not be affected and will continue in full force.

8.7. This Agreement may be executed by the parties in counterparts, each of which will be deemed to be an original and all of which will constitute one and the same agreement.

8.8. This Agreement is subject to the laws of New Zealand and the parties submit to the exclusive jurisdiction of the New Zealand courts.

Candidate Information

Haystack.jobs and resellers of haystack including Kiwiticker New Zealand Limited (we, us or our) is committed to protecting your personal information.

This Privacy Policy sets out how we handle personal information that we may collect when you use the Kiwiticker job board or our application and tracking software (the Service) or the websites, haystack.jobs and kiwiticker.co.nz, and any related websites or applications operated by us (kiwiticker.co.nz).

1. Information we collect

1.1. We may obtain personal information from you (Personal Information) as a result of you or another user of the Service or the Website:
(a) providing us with your name, e-mail address, physical address and/or other details when an account is created for you with the Service;
(b) submitting any information when using the Service or the Website;
(c) emailing or otherwise contacting us in relation to the Service or the Website; or
(d) otherwise providing any information to us.
1.2. If you submit any personal information to us that relates to another individual, you must ensure that you have all necessary consents from that individual to allow us to use that information in accordance with this Privacy Policy.
1.3. We may also collect, or use third party service providers to collect, certain non-personal information about you in relation to your use of the Service or the Website (Automatic Information). This may include:
(a) information about your use of the Service or the Website, including statistical data about your use such as the time you use or visit the Service or the Website, how long you use or visit the Service or the Website for, how you use specific features of the service, what pages you view within the Service or the Website and what other websites you visit before and after; and
(b) information about the device you use to access the Service or the Website, including your domain name and IP address, your internet browser software and operating system and platform and information about your mobile device (if you use a mobile device).

2. Use of Personal Information and Automatic Information

2.1. We may collect, hold, use and disclose your Personal Information and Automatic Information for a number of purposes, including:
(a) to provide the Services;
(b) to manage, monitor, develop and improve the Service and the Website;
(c) to contact you about the Service or the Website;
(d) to send you promotions or special offers from us, or any of our partners or customers, that we think you may be interested in;
(e) as part of our efforts to keep our Website safe and secure; and
(f) do anything otherwise required or permitted by law.

3. Disclosure

3.1. We may store your Personal Information on computer systems operated by third parties. We will take reasonable precautions against unauthorised access and disclosure by those third parties.
3.2. We will not share your Personal Information with third parties except:
(a) as required in relation to any relevant position that you access the Service in relation to;
(b) to the extent necessary for those third parties to:
(i) assess your suitability for the relevant position; or (
ii) provide services to us in connection with the Service, the Website or to operate our business;
(c) in connection with the recruitment process and for employment related purposes; and (d) as otherwise expressly permitted under this Privacy Policy or in our Terms and Conditions.
3.3. Except as described in this Privacy Policy, we will not disclose or use your Personal Information without your permission, unless required or permitted by law.
3.4. We may use third parties overseas to assist with the management and operation of the Website and Service, and you therefore consent to your Personal Information being sent overseas if required.

4. Personal Information belongs to you

4.1. Your Personal Information remains yours.
4.2. We take reasonable precautions to make sure that we keep your Personal Information secure. However, because the internet is an open network, we cannot warrant or guarantee that your Personal Information is safe from unauthorised access or use.
4.3. Where you have authorised us to disclose your Personal Information to a third party, their use and maintenance of your Personal Information is outside our control and we accept no responsibility or liability for such third party use.
4.4. You may request access to your Personal Information that is held by us and we may delete it or correct it if you ask us to.

5. Email communication

5.1. From time to time we may send you, and you agree to receive, emails and other promotions relating to services or goods offered by us and our related companies, partners and customers, including email alerts that you can set up and manage through the Service.
5.2. You may opt out of receiving those emails and other promotions at any time by following the opt-out instructions provided in the relevant communication.

6. Cookies

6.1. The Website may use cookies to collect information about you and your use of the Website. We may use both session cookies and persistent cookies through the Website.
6.2. You may disable cookies through your web browser, but doing so may mean that you cannot use the Website or that the functionality of the Website is reduced.

7. General

7.1. We may update this Privacy Policy from time to time. The current version posted on the Website will apply to your use of the Website and our use of your Personal Information.
7.2. The Website may contain links to third party websites or applications. We are not responsible for the privacy practices or content of third party websites or applications.

8. Contacting us about privacy

8.1. If you wish to contact us about your privacy, including requesting corrections to your Personal Information, you can contact us at info@haystack.jobs