Date: 11 June 2018
The Website is operated by the Sir Peter Blake Trust (the Trust) and Sir Peter Blake Charity Limited in collaboration with the Trust's foundation sponsor Westpac New Zealand Limited (together we, us, our).
We are committed to respecting your privacy when you use and submit Personal Information to us, including via www.dreambank.co.nz (the Website).
In these Terms, "Personal Information" means information about an identifiable individual. All Personal Information that we hold about you will be collected, held, used and disclosed in accordance with these Terms and all applicable privacy laws.
We encourage you to read these terms carefully when using the Website and/or any of the associated services. By using the Website, you agree to the Terms. If you do not agree to these Terms, please refrain from using the Website.
We may change the Terms from time to time. If we decide to make changes to these Terms, we will post the updated Terms on the Website. Your use of the Website following any updates constitutes acceptance of these Terms as amended. We therefore advise you to regularly review these Terms when you visit the Website.
Collection of your Personal Information
If you wish to submit a 'dream' to the Dream Bank we will request information including your name, age, school, region and details of your dream.
We collect and store Personal Information you submit when using the Website or provide to us in some other manner (including, without limitation, through subsequent email correspondence with us).
If you choose to provide us with Personal Information via this Website, this information will be collected and held by us and our permitted third party service providers as identified in these Terms.
Parents and guardians of children/minors are ultimately personally responsible for monitoring their minor's access to our services and for providing valid approvals for the minor's participation in any promotional activities conducted by us.
Use of your Personal Information
If you choose to provide us with Personal Information via this Website (including by submitting a dream to the Dream Bank), this information will only be used or disclosed for certain purposes which include the following:
- to analyse the use of the Website to ensure that content from the Website is presented in the most effective manner for you and for your computer;
- to monitor and/or keep records of our e-mail communications and other correspondence with you. If you send us correspondence that contains Personal Information, we may use that Personal Information to update the Personal Information we hold about you and to address the nature and purposes of the correspondence;
- to provide you with customer service, and to address any complaints you may have;
- in order to prevent illegal activity that threatens the Website, our computer systems or networks; and
- in order to comply with any applicable laws and/or regulations.
Where you have submitted a dream to the Dream Bank we may use and publish details of your dream (including for marketing and promotional purposes) without your prior consent (or the prior consent of your parent or guardian). However, we will only use and publish your dream with your Personal Information where we have obtained your prior consent (or the prior consent of your parent or guardian).
We may also use dreams and information collected from you through the Website in an aggregated or anonymised form (including for marketing and promotional purposes) without your prior consent (or the prior consent of your parent or guardian). We do not consider such aggregated or anonymised information to be Personal Information.
Disclosure of your Personal Information
We will not disclose Personal Information except:
- where such disclosure is required by law;
- where we have your consent to do (or the consent of your parent or guardian); or
- to third parties as described in these Terms.
We may share your Personal Information with certain service providers who provide services for us or perform administrative or aggregating and anonymising activities on our behalf, or who develop, host or maintain the Website. These service providers may be granted access to some or all of the Personal Information you provide or we collect, but will be restricted from using the Personal Information you provide other than as is reasonably necessary to perform their services for us. Where we do disclose your Personal Information to third parties, we do so for a permitted purpose only and will use reasonable efforts to make those parties aware of these Terms.
Access and update of Personal Information
You and/or your parent or guardian can:
- ask to access and review the Personal Information we hold about you or our third party service providers hold on our behalf;
- request us to update, correct or delete any Personal Information we hold about you or our third party service providers hold on our behalf.
If you have any concerns with the content of these Terms or wish to lodge a request for access to your Personal Information, or dreams held by us please send an email to the Trust at [email protected].
Intellectual property rights
We are the owner or the licensee of all copyright, trade marks and other intellectual property rights in this Website and in the material published on it. You may not translate, broadcast, perform, modify, copy, distribute, frame, reproduce, republish, display, post, transmit or sell in any form or by any means any content or intellectual property appearing on this Website without the owner's prior written consent.
The Dream Bank allows you to submit information to the Website, including dreams (User Content). You may not submit or upload content to the Website that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity.
You hereby grant us a non-exclusive, sub-licensable, irrevocable and royalty-free worldwide license under all copyrights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, and otherwise modify User Content submitted to the Website in accordance with these Terms.
Access to and use of this Website is at the user's own risk. To the extent permitted by law, the material on this Website is provided on an "as is" basis and we give no warranty and make no representation regarding the accuracy or completeness of the content of this Website or that the Website will be available on an uninterrupted basis. Except as expressly provided in these Terms, we exclude all representations, conditions and warranties whether express or implied (by statute or otherwise) to the fullest extent permitted by law.
We will not be liable to you for any of the following (whether or not we were advised of, or knew of, the possibility of such losses) arising from any claim arising out of or in connection with the use of the Website, including without limitation, under any tort, including negligence, for breach of contract, for misrepresentation (other than fraudulent misrepresentation), intellectual property infringement or under any statute or otherwise:
(a) any indirect, special or consequential losses;
(b) any losses or damages arising out of changes made to the content of this Website by unauthorised third parties; or
(c) loss or damage to your, or any third parties', data or records.
You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. In the event of such a breach, your right to use the Website will cease immediately.
The Website and these Terms are governed by the laws of New Zealand and the courts having jurisdiction in New Zealand will have non-exclusive jurisdiction with respect to any dispute arising under, or in relation to your use of the Website or these Terms.