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Application User Agreement

Welcome to Wildboar’s Website. Your access to and use of the Wildboar Application via this Website are subject to the following Application User Agreement (which is deemed to also incorporate the Website User Terms and where there is any inconsistency between the Website User Terms and this Application User Agreement, then this AUA will prevail) (collectively the “AUA”), as well as the Terms and Conditions (relating to the selection and use of Products).

  1. DEFINITIONS
    1. In this AUA, unless the context otherwise requires, the following expressions have the following meanings:

      "Application" means Wildboar’s design application software to be used as a guidance tool to support and assist suitably qualified and competent engineers with the process for the design of “Micropile” footing systems incorporating the Products using information libraries managed by Wildboar.

      "Authorised User" means your qualified and competent employees, agents and/or contractors (including engineers) who are authorised by you and Wildboar to use the Application on your behalf.

      "Client" means a person who selects, acquires and uses the Products for use in a project and for whom you are engaged in undertaking work for.

      "Confidential Information" means information that is or has been disclosed to you and/or an Authorised User, or that you or any third party has stored or added into the Application, which includes without limitation the Results, any of our information libraries, but does not include any information that is already in the public domain (not arising from any unlawful disclosure) or information that is required by law to be disclosed.

      "Intellectual Property" means all existing and future intellectual property rights in the Website, the Application, our information libraries, computer programmes, computer code and systems, software and documents text, graphical and other visual content and other information contained in the Application and/or the Website, and includes all copyright, information libraries and databases, patents, designs, trade marks (whether registered or not) trade and business names, inventions, goodwill, trade secrets, technical, commercial or Confidential Information relating to Wildboar and any other intellectual property rights to and interests of all kinds (and all additions and improvements to all of the aforesaid).

      "Products” means the products in the WILDBOAR™ range of products.

      "Purpose" means your use of the Application for and on behalf of a Client for the selection and use of the Products and solely for legitimate business purposes.

      "Services" means those services that Wildboar may provide as per the applicable Terms and Conditions.

      "Terms and Conditions" means the agreement entered into between a Client with Wildboar and that governs the terms and conditions upon which Wildboar provides the Products.

      "Results" means the information and guidance produced through and via the Application resulting from your input of certain design loads and soil conditions into the Application, to be used by you as a guidance tool to support and assist engineers with the selection and use of Products for your Client.

      "Website" means this internet site operated by Wildboar for access to and use of the Application by Authorised Users.

      "Wildboar" means Wildboar Footings Limited, and its successors and permitted assigns.

      "you", “your” means you as an Authorised User of the Application, whether as an individual, a company or any entity, and whether on behalf of a Client or otherwise.

    2. Words importing the singular shall include the plural and vice versa, and words referring to persons shall include bodies corporate and unincorporate and vice versa.
    3. Clause and other headings are for ease of reference only and does not affect the interpretation of this AUA.
    4. Any obligation not to do anything will include an obligation not to suffer, permit or cause that thing to be done.
    5. Where this AUA requires you to do or not do something, then you must ensure that you and any Authorised User(s) do or not do that thing.
  2. YOUR USE OF THE WEBSITE AND THE APPLICATION
    1. The Website is operated by Wildboar. By using the Website, and accessing and using the Application, you acknowledge and agree:
      1. That you have read, understood and are deemed to have accepted this AUA and the provisions of the Terms and Conditions (as may be applicable), and to be bound by this AUA and the provisions of the Terms and Conditions;
      2. That this AUA is supplemental to the Terms and Conditions on the basis that this Application is used for the Purpose (relating to the supply and use of the Products), and you agree to comply with the covenants and provisions for your part contained or implied in the AUA and the Terms and Conditions. You acknowledge that a breach of this AUA is also deemed to be a breach of the Terms and Conditions and that a breach of the Terms and Conditions is also deemed to be a breach of this AUA;
      3. That use of the Application is solely for the Purpose and that in accessing and using the Application you do so for business purposes only;
      4. That you will not be able to access and use the Application until you have created a valid account with us. When you set up an account, it is important that you provide us with all of the information we request, and that this information is correct, truthful, complete and current (even if that information is about another person). You will have to register each individual within your business who wishes to use the Application as an Authorised User, and they alone will be able to access and use your account. We may require that each of those persons has their own separate login and password. You must ensure that only Authorised Users access and use your account, and you must tell us if an Authorised User leaves your business (and we can ask you to appoint a replacement for them). In addition, you will be required to provide general contact details for the business, so that we can contact your organisation if we are unable to contact an Authorised User. We are allowed to disable any user identification code or password, whether chosen by you or allocated by us, at any time and without notice to you, if (in our reasonable opinion) you have failed to comply with anything in this AUA. If you know or suspect that someone else knows your user identification code or password, you must immediately notify us at [insert email address]. You are not allowed to transfer your account (or any feedback) to any other party without our prior consent.
      5. To at all times ensure that:
        1. You possess and maintain all computer systems and devices required in order to access and use the Application;
        2. You take all reasonable care to protect the Website, Application and the Confidential Information from unauthorised access and use. You also agree to notify us immediately if your password, any details related to your access to the Application and/or any Confidential Information will likely or has become known to any third party;
        3. You do not disclose your password to any third party;
        4. The Website and Application is not used for any illegal or unlawful activity or which may expose Wildboar, any Client or any other third party to any claim, loss or damage;
        5. You do not disrupt any person's use of the Website and/or the Application; and
        6. You do not introduce anything harmful or destructive (such as viruses, worms, Trojan horses, spiders, time bombs or bots) to, or interfere in any way with, the Website and/or the Application;
      6. To comply with any and all applicable laws, rules, standards, regulations, procedures, codes or governmental directives relating to the use of the Website, the Application and/or the Results;
      7. To comply with any specifications or instructions given to you by Wildboar relating to the use of the Application, and to comply with Wildboar’s instructions regarding any permitted use of the Intellectual Property;
      8. To comply with any other policy of Wildboar communicated or disclosed to you from time to time;
      9. That Wildboar is the sole owner of (or has the licence to use and sub-licence) the Intellectual Property. You agree:
        1. That you are granted a non-exclusive licence to access and use the Application strictly for the Purpose, in accordance with this AUA, the Terms and Conditions and in accordance with any directions, instructions and specifications provided by Wildboar. You agree to not use the Application for any other purpose;
        2. To protect the Intellectual Property, and not disclose, copy, alter, modify, reproduce, reverse assemble, reverse engineer, reverse compile or otherwise deal with the Intellectual Property;
        3. Not engage in any activity that may be or is harmful or destructive to the Intellectual Property, or which may invalidate or be inconsistent with Wildboar’s rights to or interest in the Intellectual Property; and
        4. To take all steps to protect the Intellectual Property from misuse, damage or any form of unauthorised use or abuse.
    2. You acknowledge and agree that Wildboar:
      1. May carry out any necessary updates to the Application in order to maintain compliance with this AUA such as to maintain its functionalities as well as an appropriate level of security; and
      2. Is entitled to make changes to the Website and Application in order to improve its usability, security or stability, to extend or supplement its features or to restrict them. We may also make changes to the Application to ensure compliance with legal, regulatory or security requirements
    3. You acknowledge and agree that Wildboar does not warrant that:
      1. The Website and/or the Application will be free of infection by viruses, worms, trojan horses, or other harmful or destructive components; and/or
      2. Access to the Website and/or the Application will be uninterrupted.
  3. CONFIDENTIAL INFORMATION AND PRIVACY OBLIGATIONS
    1. You acknowledge the private and confidential nature of the Confidential Information, and agree:
      1. To only access the Confidential Information for the Purpose;
      2. To only disclose Confidential Information to your officers, employees and authorised agents to the extent necessary (having first ensured such persons are bound to comply with (at least) the confidentiality obligations set out in this AUA) or with the express prior written consent of the party to whom the Confidential Information relates;
      3. To not reproduce, use or permit the disclosure, reproduction or use of any Confidential Information without the express prior written consent of the party to whom the Confidential Information relates; and
      4. To comply with the Privacy Act 2020 and all other laws relating to the protection, use, disclosure or otherwise of the Confidential Information.
  4. RESULTS, LIMITATION OF LIABILITY & INDEMNITY
    1. You acknowledge and agree that:
      1. The Application has been designed and operates in a way so that it provides Results based on the interface of the data inputted by the Authorised User with the information libraries contained within the Application. Accordingly, the Results are solely based on the quality and accuracy of the data inputted by the Authorised User;
      2. The Application is intended to act as a guidance tool to support and assist suitably qualified and competent engineers with the process for the design of “Micropile” footing systems incorporating the Products using information libraries managed by Wildboar and is not intended to act as a guarantee as to the validity or the accuracy of any calculation in a specific application of the Results;
      3. Wildboar is not engaged in supplying engineering or other professional services and as such, when using the Application and assessing the Results for the purposes of the selection and use of the Products, the services of a competent and suitably qualified engineer must be sought by you as Wildboar take no responsibility for such matters;
      4. It remains your sole responsibility and liability to take all prudent steps to thoroughly check and assess the Results before use as guidance in the selection and use of the Products and to assure that all aspects of the Results (and the Products) are suitable in all respects for you or your Client’s specific use or application within any work or project.
    2. In addition to any limitations, warning and disclaimers contained in this AUA and the Terms and Conditions, the usefulness of the Results generated from your use of the Application is solely based on:
      1. The quality and accuracy of the data inputted into the Application by an Authorised User regarding design loads and soil conditions;
      2. Your own skills, experience and judgment and that of any Authorised User in assessing the Results for the purposes of the selection and use of the Products. In this respect, the services of a competent and suitably qualified engineer must be sought by you before selecting and using the Products, as Wildboar take no responsibility for such matters ; and
      3. Your own knowledge and assessment of the Product specifications, any limitation, condition of use and/or performance claim specified in the Product Assurance Supplier Statement (PASS), as well as any direction of Wildboar.
        4. And you further acknowledge and agree that:
      4. The Results are not subject to any quality checks or assessments by Wildboar and will require verification and validation by you prior to application and/or use, such verification and validation must be obtained by you through a competent and suitably qualified engineer and you are solely responsible for you or your Client’s specific use or application of the Results and corresponding Products within any work or project on a case-by-case basis;
      5. [Wildboar is not responsible to you, the Authorised User and/or the Client for any conclusions or actions taken by the Authorised User, the Client or any third party arising from the Results and you, the Authorised User and the Client ultimately assume all responsibilities and obligations with respect to the selection and use of the Products;
      6. In particular, you, the Authorised User using the Application as well as any engineer assessing the Results must be competent, possess suitable and appropriate engineering and design qualifications and must at all times exercise the degree of skill, care and diligence normally expected of a competent engineering and design professional.
    3. All representations, guarantees, conditions and/or warranties (whether expressed or implied by law) not expressly included in this AUA are hereby excluded to the fullest extent permissible by law.
    4. Subject to clause 4.5, Wildboar’s maximum liability to you, any Authorised User and/or any Client for any loss, damage or injury resulting directly or indirectly from the use of, the inability to use or the loss of use of the Website and/or the Application is limited to:
      1. The re-supply of the services provided via the Application; or
      2. The reimbursement of the Client for paying a third-party to supply the same service as delivered through the Application.
    5. In addition to any limitations, warning and disclaimers set out above, Wildboar and its officers, employees and agents are not liable to you, an Authorised User, the Client and/or any other third party for any damage, loss, cost, expense or injury resulting directly or indirectly from:
      1. Any inaccuracies contained in the Results and/or the use of, the inability to use or the loss of use of the Website and/or the Application (including any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever);
      2. The failure, faulty or poor workmanship and/or defective performance of any work or activities carried out by you, the Client or third parties relating to any project or work that may be utilise or incorporate the Products.
    6. Wildboar will not be responsible to you or any other party for any delay in performance or non-performance, or the unavailability or failure to the Website and/or the Application, or any failure by Wildboar to comply with the AUA and/or the Terms and Conditions (where applicable) due to any causes beyond the reasonable control of Wildboar.
    7. You indemnify Wildboar (and its officers, agents and employees) against any losses, costs (including solicitor-client costs), expenses, demands or liability (whether direct, indirect, consequential or otherwise and whether arising in contract, tort, equity or otherwise) incurred as a result of any use by you of the Application and/or any breach by you of this AUA and the Terms and Conditions.
  5. APPLICABLE LAWS AND JURISDICTION
    1. This AUA and your use of the Application are governed by and construed in accordance with the laws of New Zealand and is subject to the non-exclusive jurisdiction of the courts of New Zealand (and Wildboar can elect the jurisdiction within which any dispute is heard).
    2. The Website and the Application are controlled and operated by us, from our offices within New Zealand. We make no representation or warranty that the use of the Application is appropriate or available for use in other locations, and access to them from territories where their use is illegal is prohibited. We accept no liability whatsoever to you in respect of such matters.
    3. If you choose to access the Website and Application from outside of New Zealand, you are solely responsible for compliance with applicable local laws and we make no warranty or representation that the use of the Website and/or Application is appropriate and/or complies with any laws, rules, standards, regulations, procedures, codes or governmental directives, outside of the jurisdiction of New Zealand. You indemnify us absolutely in respect of any liability arising for us as a result of your non-compliance with this clause.
  6. GENERAL
    1. You acknowledge and agree that the obligations to protect Intellectual Property and Confidential Information, as well as the indemnity, set out in clauses 2, 3 and 4 of this AUA survive indefinitely, notwithstanding any expiry or termination of the AUA and/or the Terms and Conditions for any reason.
    2. Failure or omission by Wildboar at any time to enforce or require strict or timely compliance with any provisions of this AUA and the Terms and Conditions will in no way be considered to be a waiver of such provision or in any way to affect or impair Wildboar’s rights or remedies that it may have relating to any breach by you of any such provision.
    3. If any provision (or part of any provision) of this AUA and the Terms and Conditions is found by any court or other competent authority to be invalid, unenforceable or illegal, then the other provisions (or other part of the provision, if applicable) will remain in full force and effect.
    4. The AUA and the Terms and Conditions may be varied by Wildboar at any time and such changes will be notified on this Website. You accept a variation by continuing to use the Application on or after the date upon which that variation is notified on this Website.
    5. Time is of the essence in respect of any date or period specified or determined by reference to this AUA and the Terms and Conditions.

Website User Terms

Welcome to Wildboar’s Site. Your access to, and use of the Site, the Application and the services we provide to you are all subject to the following Website User Terms (which incorporate the Application User Terms where applicable), notices, disclaimers featured on the Site and our Privacy Policy. In addition, when you use any service from us, you will be bound by the rules, guidelines, policies, Website User Terms, which the Site indicates to you at the time as being applicable to our services. These Website User Terms may be changed at any time by us and any such changes will be notified on the Site.

  1. DEFINITIONS
    1. In these Website User Terms, unless the context otherwise requires, the following expressions have the following meanings:

      "Application" means Wildboar’s design application software to be used as a guidance tool to support and assist suitably qualified and competent engineers with the process for the design of “Micropile” footing systems incorporating the Products using information libraries managed by Wildboar. Access to and use of the Application is governed by the Application User Agreement https://wildboar.nz/applicationuseragreement/

      "Force Majeure" has the meaning given in clause 9.3.

      "Privacy Policy" means our current privacy policy, available and updated from time to time at https://wildboar.nz/privacy-policy

      "Products" means all Surefoot concrete free footing systems, products and associated accessories supplied by Wildboar. The supply of all Products is governed by a separate set of Website User Terms to be entered into between us and the purchaser of those Products.

      "Services" means the information services we provide on and through the Site relating to the advertisement, marketing, supply and installation of the Products.

      "Site" means this internet website operated by Wildboar.

      "Visitor", "you" and "your" all mean you as a visitor to the Site.

      "Website User Terms" means these standard website user terms (which are deemed to incorporate the Application User Terms (relating to use of the Application) and the Privacy Policy).

      "Wildboar", "we", "our" and "us" all mean Wildboar Footings Limited (New Zealand Company Number: 7855798), and includes our group, affiliated, related or associated entities, and/or any officer, employee, contractor or agent of any of them).

  2. YOUR USE OF THE SITE
    1. The Site is owned and operated by Wildboar. By using the Site, you agree to abide by these Website User Terms and our Privacy Policy at all times and if you disagree with any of them, you should not use the Site. If you do not agree with these Website User Terms and our Privacy Policy or if you are dissatisfied with any portion of the Site, the Application or the Services, your sole and exclusive remedy is to discontinue use of the Site immediately.
    2. These Website User Terms and our Privacy Policy apply to Services and the Application accessed by any Visitor anywhere in the World.
    3. By using the Site you acknowledge that you have read, understood and accepted these Website User Terms and our Privacy Policy and agree to be bound by them.
    4. Before you are able to access certain parts of the Site, or undertake some specific activities or enquire about any of the Services listed on our Site, you may be required to expressly confirm your acceptance of these Website User Terms or particular parts of these Website User Terms. Despite any such express requirements for confirmation, by using the Site you are deemed to have accepted the Website User Terms and are bound from them from the time you first started using the Site.
    5. We may also at our discretion require you to expressly confirm your acceptance of any revised Website User Terms but in any event, you will be deemed to have accepted any revised Website User Terms upon continuing to use our Site after such changes have been published on our Site.
  3. THE SERVICES
    1. In addition to our rights in relation to the Application, we may add new Services, remove existing Services or cease to supply existing Services, and change Services at any time without giving notice to you.
    2. As mentioned, we operate this Site to advertise and market the Products and Services that are supplied and performed by us.
  4. WARRANTY & GUARANTEES, LIMITATION OF LIABILITY
    1. Subject to the specific provisions of these Website User Terms we warrant to you that any “personal information” you give us for any transactions through the Site will be collected, held, stored and used in accordance with our Privacy Policy.
    2. The Application, the Services including the material and information provided in the Site is supplied upon the condition that it will allow you to, and you will make, your own determination as to whether you will pursue any of any potential contractual arrangements and/or opportunity advertised.
    3. All representations or terms (including any condition or warranty expressed or implied by law, statute or otherwise) not expressly allowed by or included in these Website User Terms or on the Site are expressly excluded, to the extent permitted by law. You acknowledge that you have not relied on any representation or statement made by us other than the express provisions of these Website User Terms, or any representation or statement on the Site.
    4. Except as expressly provided in these Website User Terms, all warranties, descriptions, representations and conditions as to fitness or suitability for any purpose, tolerance to any condition, merchantability or otherwise of the Services and Products, whether expressed or implied by law, trade, custom or otherwise are expressly excluded, to the extent permitted by law.
    5. Our liability arising from, under or in respect of, these Website User Terms, or for a breach of them or for any misrepresentation, negligence or (howsoever occurring) for any loss, damage or injury (personal or otherwise) arising directly or indirectly from any defect in, failure or non-compliance of the Site and any Services supplied shall be limited to either (at our election) the redelivery of the Services or the sum of NZ$100.00.
    6. Under no circumstances will we be liable to you or any other party for any form of special, indirect, consequential or punitive loss or damage of any kind or nature whatsoever, including (but not limited to), loss of profits or savings (including those anticipated), loss of use, loss of revenue or goodwill, business, custom or anticipated business or contract, or loss of data of any kind or nature whatsoever, or howsoever caused, whether through your use of the Site and/or Application, the provision of the Services, providing us with any “personal information” or any other reason.
    7. The Services, material and information provided on the Site is supplied upon the condition that you will make your own determination as to whether the Products and Services, any potential contractual arrangements and/or opportunity advertised, the Site, and its content are suitable for your purposes. In addition, you must take your own precautions and have in place your own preventative and safety measures (such as anti-virus and anti-malware shields) against any potential threats to your internet-enabled device or computer caused by accessing this Site (e.g. from such things as computer viruses, malicious computer code or other forms of interference). We will not be liable to you in any way for such threats or damage and we will not be liable for any damages, losses or liabilities, costs or expenses whatsoever suffered as a result of your use of this Site (or inability to use it), reliance on the information on this Site or through directly or indirectly applying information on this Site or Services accessed or provided through it, including (but not limited to), any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure, or other technical issue. We will not be liable for any damages, loss or injury, including, (but not limited to), special or consequential damages that result from the use of or the inability to use, the materials or content in this Site.
  5. DISCLAIMER
    1. The information and Services on the Site are provided for guidance only and are presented in good faith and believed to be correct as at the date on which they are prepared or posted. This information is provided on an “as is, where is” basis. Although we make every effort to ensure its accuracy, correctness and relevance, we have not verified the information and we make no warranties, guarantees or representations (whether express or implied) about the accuracy, completeness or relevance of this Site, its content or the content of any other web site "hypertext linked" to or from this Site and we will not be liable to you whatsoever for losses, costs, expenses, liabilities or damages you suffer and/or incur as a result of any errors, omissions, mistakes and/or inaccuracies in any of the information and/or Services.
    2. To the extent permitted by law, we reserve the right (but make no binding commitment), to update or correct the Website User Terms and information contained in the Site, or the Privacy Policy at any time, without giving notice to you.
  6. INTELLECTUAL PROPERTY & USE OF MATERIALS AND SITE
    1. Unless otherwise specified, we are the owner or licensee of all of the trademarks, copyright or other intellectual property rights in respect of the Site and the content and materials appearing on the Site, including the text, site design, logos, graphics, icons, button icons, audio clips, software and images, as well as their collection, assembly and arrangement. All content is copyrighted unless specifically noted otherwise. You are granted permission to electronically copy and to print hard copy portions of the Site's content for the sole purpose of using the Site as an information resource. Any other use of materials on this site, including reproduction for purposes other than those noted above, modification, distribution, or republication, without our prior written permission is strictly prohibited.
    2. The Site content and material is copyrighted and protected by world-wide copyright laws and treaty provisions (even if not stated) and is provided for lawful purposes only.
    3. You may use the content of the Site only for the purposes of viewing, reading and exploring the potential contractual arrangements and/or opportunities advertised on the Site, and/or assessing the Services and/or the Application and for no other purpose (including commercial or business-related purposes). All rights not expressly granted herein are reserved. Any unauthorised use of the materials appearing on the Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
    4. Material from the Site and other sites owned, operated, licensed or controlled by us or any of our related, affiliated, or subsidiary companies may not be copied, reproduced, distributed, modified, published, uploaded, posted, or transmitted in any way, without our prior written consent. Doing so other than for your personal use directly violates our intellectual property rights.
    5. We use a substantial number of trademarks and service marks on the Site, in connection with the supply of services through it. These trademarks and service marks may not be used or reproduced without our prior written permission.
    6. You must not use the Site or its contents in breach of any relevant legislation or laws, or for any unlawful, wrongful or immoral act, or to damage or disrupt the working of the Site, and other website of ours or any third-party websites that are linked through the Site.
    7. Unless otherwise stated, the information provided on our Site is based on information supplied by us and is intended only as an introduction and guide to the potential contractual arrangements and/or opportunities advertised and our Products and Services. We can update the Site and/or its content at any time without notice. While we have and will use every effort to ensure that we have supplied current and accurate information, we cannot guarantee that the content and information (including any updates or changes to it) is always entirely free of errors and omissions. To the extent permitted by law, we do not accept any liability for any loss or damage which may directly or indirectly result from any advice, opinion, information, representation or omission, (whether negligent or otherwise), contained in the Site's content.
  7. PERSONAL INFORMATION AND USE OF COOKIES AND WEB BEACONS
    1. You may need to provide us with certain “personal information” (such as your name, address, email address) when using the Site and when subscribing for and/or accessing any of the Services we provide and so that we can provide those Services and communicate with you then and in the future. We will collect, hold, store and use this personal information strictly in accordance with our Privacy Policy and all applicable New Zealand Privacy Laws. We will own this information at all times, from the time it is created or collected, and afterwards. You agree that we can collect, retain and share information (including personal information) about you and your use of our services and Site with our business partners, so that we can provide the best services for our Site’s visitors. Us, and our business partners can retain and use that information, and also share it with their employees, contractors, suppliers and other agents, but only where that is reasonably necessary for providing services to our Site’s visitors, and making sure that you comply with these Website User Terms and/or any applicable laws. Unless you ask us not to, we can also hold, use for statistical purposes, and sell this information (provided that we only sell it in an aggregated form that does not allow you to be personally identified). You have the right to access to any personal information that identifies you that we hold about you if it is stored in such a way that it can readily be retrieved. If any personal information we hold about you is not accurate or complete, then you may ask us to correct it. All of this is provided in more detail in our Privacy Policy.
    2. If you visit and use the Site and access the Services, then we may collect, store and analyze the following information about your visit:
      1. The IP address of your device and the domain name from which you are accessing the Site
      2. The operating system and the browser your computer or device uses, and any search engine you are using
      3. The date and time you are visiting the Site, your browsing behaviour and the domain name of the page you visit after leaving the Site; and
      4. The content you review and the URLs of pages and other third-party sites you visit;
      We use the information above to measure the number of visitors to different parts of the Site for various purposes relating to the provision of Services (such as our potential customer base and the effectiveness of our advertising).
    3. Although we may publish aggregated information about usage patterns on the Site (for statistical and analytical purposes), we do not disclose information about individual devices or persons except for the reasons given below in this clause. We do not sell or provide information which identifies you personally. We may gather more extensive information if we are (reasonably) concerned, for example, about security issues. If we think it is necessary and reasonable, we can disclose information to relevant law enforcement authorities, such as the Police or the Department of Internal Affairs.
      4. Use of Cookies and Web Beacons for the Site
    4. The Site places a Google Analytics cookie on the hard drive of your computer or on the mobile device you are using to access the Site. A "cookie" is an analytical technology text file which allows us to track and target the interests of users, and serve advertisements based on your prior visits to the Site and distinguish you from other users. We also use cookies to help us remember the services that you access, analyze, understand and save your preferences for future visits and compile aggregate data about the Site’s traffic and site interaction so that we can offer better site experiences and tools in the future. At your discretion, we may also store and access cookies on your machine to allow you to bypass the process of re-entering your details each time you access the Site.
    5. The information we collect, track and share with third parties through cookies is aggregated and therefore anonymous (i.e. it does not include personal information which may personally identify you). The information may be used to send advertisements to you in relation to the Services when you visit the Site and/or third party websites.
    6. 7.6 The information generated by the Google Analytics cookie about your use of the Site is transmitted to, and stored by, Google on Google’s servers. Google will use this information for the purpose of evaluating your use of the Site, compiling reports on your website activity and internet usage. Google will not associate your IP address with any other data held by Google.
    7. You can delete cookies from your website browser at any time and also permit third parties to place or modify cookies on your computer or mobile device on our behalf. The third parties can use these "tracking cookies" (also called "third party cookies") to see if you have visited certain pages on Site or other sites, and may use them to present targeted advertisements to you as you visit other sites. These tracking cookies do not contain personal information (though they do identify the computer or mobile device you use to visit the Site) and you can configure your browser to reject tracking cookies.
    8. While we recommend that users enable cookies on their browsers in order to enjoy all the features of the Site, it is entirely up to you as the user whether or not you enable them and if so, which ones you enable (please note that the management of cookies will be different depending on each user's PC or mobile device - refer to your browser help menu for further information). You may block cookies if you wish, by activating settings on your website browser to refuse cookies. However if you block or refuse all cookies, you may not be able to access all parts or features of the Site or they may operate more slowly and/or require you to re-enter data or information previously entered. Third party vendors (including Google), show our ads on sites on the Internet and use cookies to send advertisements based on your prior visits to the Site. You may opt out of Google's use of cookies by visiting the Google advertising opt-out page. Alternatively you can opt out of cookies by visiting the Network Advertising Initiative opt-out page.
    9. Both us and third-party advertisers may use web beacons in connection with the Site (and their websites). Some of our Site pages contain web beacons in the form of clear .gif files, which are electronic images that allow for the collection of non-personally identifiable information about your interactions on the Site. Web beacons may be used to place advertisements, to understand Site traffic patterns and the number of visitors to the Site, and to measure the effectiveness of advertisements or email messages.
  8. APPLICABLE LAWS AND JURISDICTION
    1. These Website User Terms, our Privacy Policy and the Services we provide will be governed by, and construed in accordance with, the laws of New Zealand and shall be subject to the exclusive jurisdiction of the New Zealand Courts.
    2. Except as otherwise described, all materials on the Site are made available only to provide information about the Site, and the Services to be supplied on the Site. The Site is controlled and operated by us, from our offices within New Zealand. We make no representation or warranty that the materials in this Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. We accept no liability whatsoever to you in respect of such matters.
    3. If you choose to access the Site from outside of New Zealand, you are solely responsible for compliance with applicable local laws and we make no warranty or representation that the information complies with any laws, rules, regulations, procedures, codes or governmental directives, outside of the jurisdiction of New Zealand. You indemnify us absolutely in respect of any liability arising for us as a result of your non-compliance with this clause.
    4. You may not use or export the materials in the Site in violation of New Zealand laws and regulations.
  9. GENERAL
    1. If any provision of these Website User Terms are held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Website User Terms will remain unaffected.
    2. Clause headings are for ease of reference only and shall not affect the interpretation or construction of these Website User Terms.
    3. If the performance of our obligations under these Website User Terms is prevented by reason or event of "Force Majeure" (which shall include prevention caused by fire, casualty, accident, act of God, natural disaster or occurrence, any law, order, proclamation, regulation, demand or requirement of any governmental body, strikes, labour disputes, shortage of adequate labour, shortage or unavailability of products or raw materials, delay in transit, electricity or communications failures, or other causes whatsoever (whether similar to the foregoing or not) beyond our reasonable control) we shall be excused from such performance to the extent of such prevention.
    4. From time to time we may vary these Website User Terms without notice. Please check these Website User Terms periodically for changes. Your continued use of the Site after such changes indicates your acceptance of those changes.

Privacy Policy

Introduction

This privacy policy applies to Wildboar Footings Limited (“Wildboar”) NZBN 9429047890077 and any entity owned or controlled by Wildboar in operation in New Zealand.

At Wildboar, we are committed to protecting the privacy of the personal information we collect about any person and to ensuring our compliance with the New Zealand Privacy Act 2020 (the “Privacy Act”). This privacy statement describes why and how we collect and use personal data and provides information on individuals’ rights.

In-order to conduct normal business operations, Wildboar will collect personal information in-order to provide our products and services safely and effectively, to operate our business and to hire, train and manage our staff.

Notwithstanding the means of collection, processing, use, disclosure and retention periods for each purpose, this policy forms the overarching policy and guidelines of personal information collected.

When collecting and using personal data, our policy is to be transparent about why and how we process personal data.

Wildboar reserves the right to amend this privacy policy at any time. Amendments will be posted on our website and will be deemed effective once posted.

Exclusions

This policy relates to Wildboar’s collection and handling of personal information that is covered by the Privacy Act. It is not intended to cover categories of personal information that are not covered by the Privacy Act unless otherwise specified.

Nature of Information Collected:

Wildboar will collect, store and use personal information from customers, suppliers, contractors and other individuals. We collect and hold this information when it is necessary for business purposes.

Typically, this information includes, as appropriate:

  1. Personal contact details such as name, title, addresses, telephone numbers, and email addresses.
  2. Financial information.
  3. Credit and other reference check information.
  4. Details of the products and services provided to you by us.
  5. Images and videos of you captured on our sites or locations by CCTV.
  6. Photographic proof of identity.
  7. Government related identifiers (i.e. IRD numbers).
  8. Other personal information you voluntarily provide to us.
Sensitive Information:

Wildboar may also collect, store, and use sensitive personal information such as:

  1. Information about membership of a trade union or professional association.
  2. Health and Safety information (where we have to access your location/worksite and/or operate any equipment at your location/worksite).
  3. Other sensitive personal information you voluntarily provide to us.

We will only collect this type of personal information with your consent.

Collection of Personal Information:

Wildboar will collect most information directly from you unless it is unreasonable or impractical to do so, or unless expressly authorised by you, and by dealing with Wildboar you agree that we may collect, store, use and disclose your personal information for the purposes and in the manner outlined in this privacy policy. Information is collected via all forms of interaction you may have with us, surveys and forms completed by you, when you place an order for products and services, face to face meetings, email messages, telephone conversations or digital forms completed via our website.

If you choose not to provide personal information that we request, we may not be able to provide some or all of our products or services to you or be able to respond and assist in the manner required. We also may not be able to provide you with information about products and services that you may want or otherwise interact with you in the way we would otherwise have liked.

How Wildboar uses the Personal Information:

Wildboar will only use your personal information when the law allows us to. Most commonly, we will use your personal information in the following circumstances:

  1. To perform our obligations under a contractual relationship with you; or
  2. To comply with a legal obligation; or
  3. Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests, such as reviewing the quality of the products and services we provide to you.

Specifically, Wildboar may also use your personal information in the following situations:

  1. Where we need to protect your interests (or someone else’s interests),
  2. When providing our products and services to you,
  3. Where it is needed in the public interest or for official purposes, and as directed by current legislation,
  4. Where we are required to make investigative enquiries,
  5. When dealing with requests, enquiries or complaints and other customer care related activities,
  6. To assess our capability to provide our products and services,
  7. To review and improve our products, services, standards, and procedures,
  8. To determine performance requirements,
  9. For education, training, and development requirements,
  10. To comply with current health and safety obligations,
  11. For business management and planning, including audit purposes,
  12. In connection with monitoring, testing and maintenance of computer and other IT systems and networks,
  13. For general administrative and business purposes (including credit checks),
  14. For direct marketing including promotions, newsletters and competitions and to carry out analysis of market activity, market research and surveys,
  15. In connection with the change of ownership of any part of our business involving you as a customer, employee, supplier or contractor (as the case may be). Your personal information may be transferred to the new owner so that the business can continue operations.
  16. For any other purpose which is stated to you at the time of collection or that you otherwise authorise.
Disclosure of Personal Information:

Wildboar will share your personal information with third parties where required by law, where it is necessary to administer the working relationship with you, or where we have another legitimate reason in doing so (including for any of those purposes outlined above). Some of your information may be shared with:

  1. Relevant members of our staff and contractors, who need to know this information in-order to provide our products and services. In this case, only directly relevant information will be shared with certain staff members as appropriate for them to fulfil their obligations to you and to Wildboar.
  2. Third parties who deliver our products and services to you (who may use and disclose your personal information for the same purposes as us), e.g. staff, contractors, payment service providers, marketing and promotion companies, training and training certification agencies, web analytics services, business support services, information technology service providers and system hosting services.
  3. Professional advisers, for example, law firms, as necessary to establish, exercise or defend our legal rights and obtain advice in connection with the running of our business. Personal data may be shared with these advisers as necessary in connection with the products and services they have been engaged to provide.
  4. Parties and agencies involved in data protection and/or crime prevention, detection, investigation and/or prosecution.
  5. Any other recipient which is notified to you at the time of collection or that you otherwise authorise.
  6. Other parties (including for example government agencies) in accordance with our legal obligations under relevant legislation.

We may also share non-personal, de-identified and aggregated information for research or promotional purposes. Except as set out in this policy, we do not sell to or trade personal information with third parties.

Retention of Personal information and Data:

All personal information collected by Wildboar will be stored securely either electronically and/or physically. We may use a variety of security techniques, including encryption and authentication, to help with protection of your personal information and to maintain the availability, security and integrity of your personal information.

All paper-based documents are held in secure filing systems at Wildboar’s Head Office as appropriate and are directly accessible only by a small number of key personnel who have the appropriate authorisation to access the documents.

Electronic storage of personal data is retained in secure, password protected and where necessary, encrypted software platforms and products. This is accessible by key personnel who require access explicitly for the purpose to perform their roles in relation to providing Wildboar’s services.

Wildboar retains personal information and data processed for as long as is required for the purpose for which it was collected, and in accordance with the current legislative requirements. In some instances, personal information may be held for longer periods where extended retention periods are required by law or regulation and as necessary in-order to defend our legal rights.

At the conclusion of the retention period, your personal information will be destroyed via the following methods:

  1. Paper based, via a confidential and secure destruction service,
  2. Electronically held data – will be deleted or anonymised as applicable and all third parties will be notified to do the same as appropriate.
Storage of information in cloud systems:

Wildboar may store personal information within services provided by offshore cloud service providers (CSP’s). Wildboar will make every endeavour to ensure that all CSP providers meet the Privacy Act requirements and all other New Zealand legislative requirements that Wildboar is obliged to adhere to.

Transfer of Information Outside of NZ:

Wildboar does not disclose your personal information to third party overseas recipients unless you have provided your consent. We will notify you if circumstances change regarding overseas disclosure and will comply with the Privacy Act.

Privacy on our Web Sites and Applications:

This policy also applies to any personal information we collect via our websites and any Wildboar applications, including mobile applications.

Direct marketing:

We may send you direct marketing communications and information about our products and services that we consider may be of interest to you. These communications may be sent using various methods including mail, SMS, and email, in accordance with applicable marketing laws, such as the Unsolicited Electronic Messages Act 2007. You consent to us sending you those direct marketing communications by any of those methods. In addition, at any time you may opt-out of receiving marketing communications from us by contacting us (see the details below) or by using opt-out facilities provided in the marketing communications and we will then ensure that your name is removed from our mailing list.

We do not provide your personal information to other organisations for the purposes of direct marketing.

Right to Access Personal Information:

Wildboar will provide access to personal information upon request by you (or your representative) once identity has been satisfactorily confirmed, except in limited circumstances in which it is permitted under the Privacy Act for us to withhold this information (for instance, any of those reasons specified in sections 49-53 of the Privacy Act).

If at any time you wish to enquire about the personal information we hold about you, you may contact Wildboar’s Privacy Officer at info@wildboar.co.nz.

Corrections and Concerns:

If we provide you access to personal information that we hold about you, then you may also,

  1. Request a correction of the personal information that we hold about you. This enables you (and assists us to ensure) that the personal information we hold about you is always accurate, current, complete and not misleading. If we inform you that we will not make the correction sought, then you have the right to make a complaint to the Office of the Privacy Commissioner in respect of that refusal.
  2. Provide us with a Statement of Correction for us to attach to the personal information we hold about you, if we do not correct the personal information you have requested us to.

If you would like to exercise any of the above rights, please contact the Wildboar Privacy Officer at info@wildboar.co.nz.

It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes.
Right to Complain

If Wildboar becomes aware of any ongoing concerns or problems concerning our privacy practices, we will take these issues seriously and work to address these concerns. If you have any further queries relating to our privacy policy, or you consider you have cause for complaint, please contact our Privacy Officer. If you are not satisfied with our handling of your concern, you may make a complaint to the Office of the Privacy Commissioner: https://privacy.org.nz/your-rights/making-a-complaint/

Privacy Breach

If we become aware of a privacy breach, we will take the following actions:

  1. Take all reasonable steps to immediately contain the breach, utilising contracted 3rd parties specialising in privacy/data breaches and/or key personnel with the appropriate expertise (including for example our appointed Privacy Officer).
  2. Assess the seriousness, the cause, the extent, and the possible harm resulting from the breach.
  3. If we reasonably believe that the privacy breach has caused or is likely to cause serious harm to affected parties (after taking into account any mandatory considerations imposed by the Privacy Act), we will notify the affected parties, the Privacy Commissioner and any third party required for notification and/or follow up (for instance, Wildboar’s insurers, governmental agency(ies) and other agencies connected with data protection or crime detection, investigation, prevention or prosecution) as soon as practicable after becoming aware of that notifiable privacy breach (unless we are not required to do so pursuant to any permitted exception specified under the Privacy Act).
  4. Review our processes and update our policies and prevention plans, as necessary.
Contact us
Contact:
Privacy Officer
Address:
Email:
info@wildboar.co.nz
Phone: