ImmerSAFE Terms of Use

Last Updated: 14th November 2019.

These terms of use (Terms) govern your use of the ImmerSAFE web application (the Website). By using the Website, you agree to these Terms. If you do not accept these Terms, you may not use this Website. For the purposes of these Terms, “we”, “us” and “our” refers to Beca Ltd. (Beca), and “you” and “your” refers to the user of the Website.

These Terms of Use may be amended from time-to-time and any changes will be effective once published to the Website. If you have any comments or questions regarding the Website, please contact  beca.vr@beca.com.

We collect, use and share personal information about you when you use this Website. Our Privacy Statement contains further information on this.

Your use of the Website

Registered users

Before accessing the Website you must complete the registration process. When you register you may be required to set up a login and password; your password must comply with the security requirements.  We will assume that the person using your login and password is you. 

Your use of this Website is subject to the access rights granted to you by the registered administrator (Administrator). You must inform the Administrator (by email to  beca.vr@beca.com) if you no longer require the access rights granted to you and/or if you change roles or employers from the time you were granted access rights. Your access rights may be revoked or amended at any time by the Administrator. We are not responsible for any damages arising from such revocation or amendment.

You must not:

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. We take a number of steps to safeguard the security of the Website but 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 Website account.

Posting or uploading content to the Website

If you are permitted to edit or add content on this Website, this Website records those changes and identifies which registered user made such changes. 

To the extent you own any content you post in accordance with your access rights or are licenced to use such content you post, you will retain such ownership and intellectual property rights. You must have all rights to post any content on this Website and you grant Beca royalty-free, perpetual right to use any content you post on this Website for any purpose. If you do not have the rights to upload any content to this Website or grant the licence to Beca referred to above, please do not post the relevant content on the Website.

You agree to indemnify and hold Beca harmless to the maximum extent permitted by law, against all actions, proceedings, losses, liabilities, damages, claims, demands, costs and expenses (including all legal costs and expenses on a solicitor and own client basis) suffered or incurred by us arising directly out of, or in connection with, any claim that the use of any content posted by you to the Website infringes the rights of any third party.

You acknowledge that any information you post to this Web Application will become subject to disclosure rules under any applicable privacy laws.

Disclaimer and liability

Whilst every effort has been made to ensure the content on this Website is complete and accurate, to the maximum extent permitted by law and without affecting our legislative and regulatory obligations, we (and our contributors and associates) exclude all warranties, including without limitation, as to the availability, accuracy, completeness, currency or reliability of all content, products or services available through this Website. We make no warranty that this Website will be free from viruses or any kind of malicious code whatsoever.

No information or content on this website constitutes advice as to the appropriateness or suitability of any product, service or course of conduct. Reports or information made available to you through the Website may contain additional terms and disclaimers. The information contained in those reports is subject to those terms and disclaimers and you should make sure you review those terms and disclaimers together with the report. 

Your use of the Website is at your own risk.  We have no control over the information, content and data that is entered or uploaded by a user.

To the maximum extent permitted by law and without affecting our legislative and regulatory obligations, we (and our officers, employees, agents or related bodies corporate) exclude all liabilities (including in contract, for negligence or otherwise) for any loss, damage (whether direct or consequential), costs or expenses suffered by you or claims made against you in connection with, however caused:

Availability of the Website

While we will aim to make the Website available on a reasonably continuous basis (taking into account scheduled downtime for maintenance and upgrades), this Website is made available on an "as is" basis and we make no guarantees or representations in relation to the continuity of the availability of the Website, or any particular functionality of the Website. There may be times when access to the Website is limited or unavailable. We have no responsibility to you for any consequences resulting from the unavailability of the Website or your inability to access the Website at any time.

We can suspend or terminate your access to the Website at any time without notice, for any reason and at our discretion (including as a result of your failure to comply with these Terms). 

Intellectual property

Except as otherwise specified in these Terms, all material on this Website, and all software, design, text and graphics on this Website is owned or licensed by us and are protected by law. 

You must not copy, sell or use any part of this Website or any material contained on this Website without our written consent. Unauthorised use of this Website may give rise to a claim for damages and/or be a criminal offence.

Third-party websites and products

This Website might contain links to other third-party websites. Those links are provided for your convenience and do not mean that we endorse the website. We are not responsible for the content of any third-party website linked to this Website.

Jurisdiction

The information made available on or through the Website is not intended to be published or made available to any person in any jurisdiction where doing so would result in contravention of applicable laws or regulations. Accordingly, if it is prohibited to make such information available in your jurisdiction or to you (by reason of your nationality, residence or otherwise) it is not intended for your use. You must satisfy yourself that the laws of your country allow you to access the information and services through the Website. By proceeding to use the Website you confirm that you have done so.

These Terms are governed by and interpreted in accordance with New Zealand law. Any disputes between you and us will be resolved by the New Zealand courts. To the fullest extent permitted by law, we accept no responsibility for the compliance of the Website or the information contained in it with the laws of any country other than New Zealand. 

General

Each term of these Terms is separately binding. If for any reason any term is not effective or binding, all other terms remain effective and binding.

If we do not exercise or enforce any right available to us under these terms or otherwise arising at law or in equity, this does not constitute a waiver of those rights.


 

 

Privacy Policy

ImmerSAFE Data Protection Notice 

Last Updated: 14th November 2019.

This Data Protection Notice (“Notice”) sets out the basis which we may collect, use, disclose or otherwise process your personal data submitted to us, including through ImmerSAFE (“Website”), and comply with the requirements of the Privacy Act 1993 of New Zealand and its regulation(s) (“PA”). In this Notice “personal data” shall have the meaning set out in the PA. 

For the purposes of this Notice the terms “we”, “us” and “our” refers to Beca Ltd (Beca) headquartered in Auckland and, “you” and “your” refers to the user of the Website.  

Please note that by accessing the Website you may be sharing your personal information with a country other than where you are based. In some instances, the country to which your personal information is transferred may lack privacy laws which are as extensive as the privacy laws applying to the country in which you are located when you provide the information to us. Where we can, we will only send your personal data to countries that have equivalent or higher privacy standards to those in NZ, Singapore, Australia, and the EU, but this may not always be possible.

What personal data we collect

We generally do not collect your personal data unless (a) it is provided to us voluntarily by you directly or via a third party who has been duly authorised by you to disclose your personal data to us (your “authorised representative”) after (i) you (or your authorised representative) have been notified of the purposes for which the data is collected, and (ii) you (or your authorised representative) have provided written consent to the collection and usage of your personal data for those purposes, or (b) collection and use of personal data without consent is permitted or required by the PA or other laws. We shall seek your consent before collecting any additional personal data and before using your personal data for a purpose which has not been notified to you (except where permitted or authorised by law).

Some examples of personal data which we may collect from you include: 

This Website uses cookies to monitor your browsing preferences. Cookies are small text files that are placed on your computer by websites that you visit. They are widely used in order to make websites work, or work more efficiently, as well as to provide personal data to the owners of the site. 

Most internet browsers give you the option to reject all cookies, accept all cookies, erase cookies stored on your computer or be notified before a cookie is stored on your computer. However, if you reject or erase the cookies referred to above some features of the Website will not function properly or may not be fully available. Please refer to your internet browser instructions if you want to find out more about rejecting or erasing cookies. 

What we use your personal data for

We may use the personal data we collect from you to:

We may also use personal data collected from you through the Website in an aggregated or anonymised form without your prior consent. We do not consider such aggregated or anonymised personal data to be personal data.

Why we might share your personal data with third parties

We may share your personal data with third parties who assist us in delivering our services, including operating this Website. We may also share your personal data to comply with applicable laws and/or regulations or to protect our property or safety or that of others. Any such third parties whom we engage will be bound contractually to keep all information confidential.

How to withdraw your consent 

The consent that you provide for the collection, use and disclosure of your personal data will remain valid until such time it is withdrawn by you in writing. You may withdraw consent and request us to stop using and/or disclosing your personal data for any or all of the purposes listed above by submitting your request in writing or via email to the Data Protection Officer at the contact details provided below.

Please note that withdrawing consent does not affect our right to continue to collect, use and disclose personal data where such collection, use and disclose without consent is permitted or required under applicable laws.

How to access your personal data

You can use the Website to access basic personal data we hold about you at any time. Alternatively, you can request a copy of your personal data by contacting the Data Protection Officer. 

How to correct or delete your personal data

If you think any of the personal data we hold about you is wrong, you can ask us to correct it. Where we have retained your personal data for purposes that are not directly related to the performance of a contract or to our legitimate business interests – you can ask us to delete it. 

If we are unable to correct or delete your personal data (for example, where we do not agree that it is wrong, or we need the personal data for a lawful purpose), we will tell you why. You can ask us to attach your correction request to the personal data as a statement of correction and send this to the Data Protection Officer. 

Transfer of personal data 

From time to time we may need to share personal data across borders, e.g.  to send it to our data service providers. This means that personal data collected within New Zealand, for example, may be sent to our data service providers in other countries, including Singapore and Australia. 

Where we can, we will only send personal data to countries that have equivalent or higher privacy standards to those in New Zealand. We have designed our privacy processes to meet the requirements of these standards and have high expectations of all the third parties which process data for us. We take reasonable steps to ensure that these expectations are met wherever in the world your personal data is.

Most of the personal data we hold is stored on Microsoft cloud platforms, including Microsoft Azure. Microsoft takes privacy seriously and has a number of safeguards in place to protect the personal data it holds on our behalf. You can read more about Microsoft’s privacy and security practices here  https://privacy.microsoft.com/en-ca/

Retention of personal data

We retain personal data only for as long as we have a lawful purpose to use it. When we no longer need to use it, we securely destroy it. We also make sure that any data service providers which hold personal data on our behalf destroy the personal data we no longer need.

How we protect your personal data

We have implemented generally accepted standards of technology and operational security to protect the personal data in our possession or under our control and to prevent unauthorised access, collection, use, disclosure, copying, modification, disposal or similar risks. 

You should be aware, however, that no method of transmission over the Internet or method of electronic storage is completely secure. While security cannot be guaranteed, we strive to protect the security of your information and are constantly reviewing and enhancing our information security measures.

Who is the Data Protection Officer?

If you believe that the information we hold about you is incorrect or out of date, or if you have concerns or further queries about how we are handling your personal data, or any problem or complaint about such matters, please contact the Data Protection Officer, Leeann McCallum ( Leeann.McCallum@beca.com).

Changes to this Notice

We reserve the right to modify or amend this Notice at any time.  If we do make any changes to the Notice you will be asked to accept these when you next log into the Website. The effective date will be displayed at the beginning of this Notice.

By providing Beca with my personal data, I expressly acknowledge the possibility of, and consent to, the cross-border transfer, use, disclosure and storage of my personal information as reasonably required for Beca’s functions and activities. 

I understand that by accessing the Website I agree to the terms of this Notice