ImmerSAFEMe Trial Terms of Use

Last Updated: 13 September 2021

These terms of use (Terms) govern your use of the ImmerSAFE application (the Application). By using the Application, you agree to these Terms. If you do not accept these Terms, you may not use this Application. For the purposes of these Terms, Beca, we, us and our refer to Beca Limited, and you and your refer to the user of the Application.

These Terms may be amended from time-to-time and any changes will be effective once published to the Application. If you do not wish to agree to any amended Terms, then you must stop using the Application. If you have any comments or questions regarding the Application, please contact beca.vr@beca.com.

We collect, use and share personal information about you when you use this Application. Our Privacy Statement contains further information on this, which you can find here.

Your use of the Application

Use and access conditions

We grant you the right to use the Application for the purpose of allowing users within your business to engage with health and safety induction content within the Application, on the terms and conditions set out in these Terms or otherwise notified to you from time to time. 

The Application is currently being made available as part of a free trial, and your access to the Application is limited to the free trial period (unless some other agreement is entered into with us in writing). We may alter the length of the free trial, or the content that is available through the free trial, at any time, and will have no liability for doing so. 

The Application is available to, and may only be used by, persons who can form legally binding contracts under the laws that apply to that person. 

If you use the Application as a business entity or on behalf of a business entity, you represent that you have authority to bind that entity to these Terms.

Users

Your access rights may be revoked or amended at any time, and for any reason, by Beca. We are not responsible for any damages arising from such revocation or amendment.

You are solely responsible for ensuring that:

You must not:

Where you download the Application on behalf of a business, you can allow users within the business to use the Application on the device that it is downloaded on. You are responsible for the actions of all users that access the Application on your device. 

Ending access to the Application

You can terminate your access to the Application at any time by deleting the Application from your device.

If you end your access to the Application you will no longer be able to use the Application or access any of your data, information and other content related to the Application. If you need to retain any data or information in the Application you are responsible for downloading all that data or information before you delete the Application.

Disclaimer and liability

Whilst every effort has been made to ensure the content on this Application 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 Application. We make no warranty that this Application will be free from viruses or any kind of malicious code whatsoever.

Each party acknowledges that the Application is being supplied and acquired in trade, agrees that the provisions of the Consumer Guarantees Act 1993 and sections 9, 12A and 13 of the Fair Trading Act 1986 will not apply to these Terms, and agrees that it is fair and reasonable that it is bound by the provisions of this paragraph.

No information or content on this Application constitutes advice as to the appropriateness or suitability of any product, service or course of conduct. Content made available to you through the Application may contain additional terms and disclaimers. The information contained in any content is subject to those terms and disclaimers and you should make sure you review those terms and disclaimers before accessing or using the content. 

Your use of the Application is at your own risk.  

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:

If we are found to have any liability under or in connection with these Terms, the maximum amount of our liability arising out of all claims under these Terms or relating to the Application will not in any circumstances exceed NZ$100.

This application is not a replacement for any existing health and safety practices or required health and safety inductions. You are solely responsible for ensuring that you comply with all of your health and safety obligations and all other applicable laws. 

Availability of the Application

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

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

We may end the free trial of the Application at any time, by providing notice to all users. At the end of the free trial, unless some other agreement is reached with us, your access to the Application will be terminated. 

Intellectual property

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

You must not copy, sell or use any part of this Application or any material contained on this Application without our written consent, except for use of the Application for the limited purpose expressly permitted under these Terms. Unauthorised use of this Application may give rise to a claim for damages and/or be a criminal offence.

Security

We will use all reasonable endeavours to effect and maintain adequate security measures to safeguard the information you provide to us from access or use by unauthorised persons, but we provide no warranty or guarantee as to security.

You are responsible for keeping access to the Application through your device secure. You agree not to permit any other person to use your details or device (other than as permitted by the “Users” section of these Terms) to access the Application.

You must not attempt to damage, interfere with or harm the Application, or any network or system underlying or connected to the Application, in any way whatsoever.

Third-party Applications and products

This Application might contain links to other third-party applications. Those links are provided for your convenience and do not mean that we endorse any third party application. We are not responsible for the content of any third-party application linked to this Application. Third party applications may have their own terms and conditions, and you should review those before agreeing to them. 

Jurisdiction

The information made available on or through the Application 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 Application. By proceeding to use the Application 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. 

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 (“Application”), 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 Application.  

Please note that by accessing the Application 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 Application uses cookies to monitor your browsing preferences. Cookies are small text files that are placed on your computer by Applications that you visit. They are widely used in order to make Applications 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 Application 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 Application 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 Application. 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 Application 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 Application. 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 Application I agree to the terms of this Notice