Mobile App Policy

 

OPEN COUNTRY DAIRY LIMITED MOBILE DEVICE PRIVACY POLICY

IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY CAREFULLY BEFORE CONTINUING. BY DOWNLOADING, INSTALLING OR USING AN OPEN COUNTRY DAIRY LIMITED MOBILE APPLICATION YOU AGREE TO THE TERMS AND CONDITIONS OUTLINED IN THIS PRIVACY POLICY

 

  1. GENERAL
    1. Thank you for downloading the Open Country Dairy Limited (“OCD”, “us”, “we” or “our”) mobile application for the use on any mobile device that is compatible with that application ("mobile device"), including associated software components, media, printed materials, and online or electronic documentation ("OCD App"). At OCD, we take privacy very seriously. This Privacy Policy (“Policy”) applies to you or anyone who downloads and uses the OCD App. We’ve updated our Policy to ensure that we communicate to you, in the clearest way possible, how we treat personal information.
    2. We encourage you to read this Policy carefully. It will help you make informed decisions about sharing your personal information with us.
    3. Any terms not defined in this Policy have the same meaning as in our Mobile Application End-User Licence Agreement, which you should read together with this Policy. By using the OCD App, you consent to the terms of this Policy and agree to be bound by it and our terms and conditions.
    4. This Policy applies to personal information collected from OCD resources and communications (such as our website, e-mail and other online tools) which does or is capable of identifying an individual or entity and which is not publicly available information (personal information). This Policy does not apply to personal information collected from offline resources and communications, except in cases where such personal information is consolidated with personal information collected by OCD. This Policy also does not apply to:
      1. third-party online resources to which the OCD App may provide a link to; or
      2. where OCD does not control the content of that Application or website; or
      3. the privacy practices of such resources are outside of our control.
  2. THE OCD APP

    OCD has developed a mobile application for Android and Apple mobile devices which will provide our suppliers with the production and quality results in relation to the milk that has been supplied, together with trend analysis information and key contacts and FAQ.

  3. INFORMATION WE COLLECT
    1. OCD will collect information about you, and our interactions with us, when you activate or use the OCD App.
    2. OCD will collect the following types of information:
      1. When registering as a user of the OCD App:
        1. Information that you provide us, which may include your name, email address, location; and
        2. Information that we will collect from your mobile device, including your mobile device type and mobile number (if applicable).
      2. When you use the OCD App we collect aggregated information about how the OCD App is used (using analytics, as described in the “Use of cookies and analytics” section).
    3. You can always choose not to provide your personal information to OCD, in which case, it may restrict your use of the OCD App.
  4. INFORMATION AUTOMATICALLY COLLECTED
    1. Electronic Information

      We automatically receive certain types of information whenever you interact with us on our websites and in e-mail correspondence with you, including, for example, Web server logs, your Internet Protocol (IP) address, geo-location information when you interact with our trading platform, cookies and Web beacons.

    2. Web Server Logs/IP Addresses

      OCD collects IP addresses to conduct system administration and report aggregate information to our affiliates, business partners and/or other parties to conduct site analysis and website performance review.

  5. COLLECTING, HOLDING AND USING INFORMATION
    1. OCD collects your personal information so that we can provide you the use of the OCD App and any related services you may request. In doing so, OCD may use the personal information we have collected from you for the following purposes:
      1. verify your identity;
      2. administer the OCD App;
      3. notify you of new or changed services offered in relation to the OCD App;
      4. carry out marketing or training relating to the OCD App;
      5. assist with the resolution of technical support issues or other issues relating to the OCD App;
      6. comply with laws and regulations in applicable jurisdictions, and
      7. communicate with you.
    2. By using the OCD App, you consent to your personal information being collected, held and used in this way and for any other use you authorise. OCD will only use your personal information for the purposes described in this Policy or with your express permission.
    3. It is your responsibility to keep your password to the OCD App safe. You should notify us as soon as possible if you become aware of any misuse of your password, and immediately change your password within the App or via the “Forgot Password” process.
  6. AGGREGATE NON-PERSONALLY IDENTIFIABLE DATA
    1. By using the OCD App, you agree that OCD can access, aggregate and use non-personally identifiable data OCD has collected from you. This data will in no way identify you or any other individual.
    2. OCD may use this aggregated non-personally identifiable data to:
      1. assist us to better understand how our customers are using the OCD App;
      2. provide our customers with further information regarding the uses and benefits of the OCD App; and
      3. otherwise to improve the OCD App.
    3. Your personal information may be transferred to other countries for processing, storage or other necessary activities and by providing your personal information to us you consent to the transfer of that information to our agents who are located outside of New Zealand for that purpose. If we transfer your personal information outside of New Zealand this way, we will take steps to ensure that your privacy continues to be protected in a manner which is consistent with New Zealand privacy law. All information about you stored by our agents will also be subject to contractual obligations of confidentiality.
    4. If you do not want your personal information to be transferred to a server located outside of New Zealand, you should not provide OCD with your personal information or use the OCD App.
  7. PROTECTING YOUR INFORMATION
    1. OCD is committed to protecting the security of your personal information and we take all reasonable precautions to protect it from misuse, loss, unauthorised access, modification or disclosure.
    2. However, the Internet is not in itself a secure environment and we cannot give an absolute assurance that your information will be secure at all times. Transmission of personal information over the Internet is at your own risk and you should only enter, or instruct the entering of, personal information to the OCD App within a secure environment.
    3. We will advise you at the first reasonable opportunity upon discovering or being advised of a security breach where your personal information is lost, stolen, accessed, used, disclosed, copied, modified, or disposed of by any unauthorised persons or in any unauthorised manner.
  8. DISCLOSING PERSONAL INFORMATION
    1. OCD will only disclose the personal information you have provided to us to entities outside the OCD group of companies if it is necessary and appropriate to facilitate the purpose for which your personal information was collected pursuant to this Policy, including the provision of the OCD App.
    2. OCD will not otherwise disclose your personal information to a third party unless you have provided your express consent. However, you should be aware that OCD may be required to disclose your personal information without your consent in order to comply with legal requirements (including, but not limited to, requirements in accordance with any applicable law, regulation or government request), if such disclosure is required by law. Where possible and appropriate, we will notify you if we are required by law to disclose your personal information.
  9. ACCESSING YOUR PERSONAL INFORMATION
    1. It is your responsibility to ensure that the personal information you provide to us is accurate, complete and up-to-date. You may request access to the information we hold about you, or request that we update or correct any personal information we hold about you, by setting out your request in writing and sending it to the Privacy Officer (details below).
    2. OCD will process your request as soon as reasonably practicable, provided we are not otherwise prevented from doing so on legal grounds. If we are unable to meet your request, we will let you know why. For example, it may be necessary for us to deny your request if it would have an unreasonable impact on the privacy or affairs of other individuals, or if it is not reasonable and practicable for us to process your request in the manner you have requested. In some circumstances, it may be necessary for us to seek to arrange access to your personal information through a mutually agreed intermediary (for example, the Subscriber).
    3. We’ll only keep your personal information for as long as we require it for the purposes of providing you with the OCD App.
  10. COOKIES
    1. Cookies allow us to store information on the server to help make the Web experience better for you (for example, our server may set a cookie that keeps you from having to enter a password more than once during a visit to our website or when using the trading platform) and to conduct site analysis and Web site performance review. Cookies are small data files that are downloaded onto your computer when you visit a particular website. Most browsers are set up to accept cookies, although you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. Note, however, that some portions of our sites may not work properly if you refuse cookies.
    2. In all cases in which cookies are used, the cookie will not collect personal information except with your permission. Your web browser can be set to allow you to control whether you will accept cookies, reject cookies or to notify you each time a cookie is sent to your browser. If your browser is set to reject cookies, websites that are cookie-enabled will not recognise you when you return to that website, and some website functionality may be lost. The Help section of your browser may tell you how to prevent your browser from accepting cookies.
  11. OPT-OUT

    OCD may send product information, OCD App updates and OCD App notifications to you via email. Our emails will contain clear and obvious instructions describing how you can choose to be removed from any mailing list not essential to the OCD App. OCD will remove you at your request.

  12. CONTACT US
    1. If you have any questions about this Policy or you wish to complain about how we have handled your personal information, please provide our Privacy Officer with full details of your question or your complaint and any supporting documentation:
      by e-mail at: info@opencountry.co.nz; or
      by letter to: PO Box 11 159
        Ellerslie
        Auckland 1542
        New Zealand
    2. This policy may be updated from time to time.
    3. OCD reserves the right to change this Policy at any time, and any amended Policy is effective upon posting to our website (www.opencountry.co.nz). OCD will make every effort to communicate any significant changes to you via email or notification via the OCD App. Your continued use of the OCD App will be deemed acceptance of any amended Policy.

 

 

MOBILE APPLICATION END-USER LICENCE AGREEMENT (ELA)

 

IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENCE AGREEMENT CAREFULLY BEFORE CONTINUING. BY DOWNLOADING, INSTALLING OR USING AN OPEN COUNTRY DAIRY LIMITED MOBILE APPLICATION YOU AGREE TO BE BOUND BY THIS LICENCE AGREEMENT.

  1. GENERAL
    1. These terms form an End-User License Agreement ("ELA") which is a legal agreement between You (either an individual or a single entity) and Open Country Dairy Limited (“OCD”, “us”, “we”, “our”) for the use of OCD application’s on any mobile device that is compatible with those Applications ("mobile device"), including associated software components, media, printed materials, and online or electronic documentation ("OCD App"). Any reference in this ELA to the OCD App must be read as including a reference to data, information and content made available through the OCD App.
    2. By downloading, installing, copying, or otherwise using the OCD App, you agree to be bound by the terms of this ELA. This ELA represents the entire agreement concerning the OCD App between you and OCD and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this ELA, you must not download, install or use the OCD App.
    3. From time to time, we may need to amend the ELA by changing or removing existing terms or by adding new ones. You can view the most current ELA on the OCD App. OCD will make every effort to communicate any significant changes to you via email or notification via the OCD App. Your continued use of the OCD App will be deemed acceptance of the most current ELA.
    4. OCD (and its licensors) own all intellectual property rights in the OCD App. The OCD App is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The OCD App is not sold to You – it is licensed on the terms and conditions of this ELA only.
    5. You must ensure that You use the latest version of the OCD App.
  2. GRANT OF LICENCE
    1. The OCD App is licensed as follows:
    2. OCD grants you the right to download, install and use the OCD App on any mobile device you own or control. This licence does not allow You to use the OCD App on any mobile device that You do not own or control, and You may not distribute or make the OCD App available to any third party, including, without limit, over a network where it could be used by multiple devices or persons at the same time. The terms of the ELA will govern any upgrades provided OCD that replace and/or supplement the then current OCD App, unless such upgrade is accompanied by a separate licence in which case the terms of that licence will apply.
  3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
    1. Maintenance of Notices

      You must not remove or alter any copyright or other notices on the OCD App.

    2. Distribution

      You must not distribute copies of the OCD App to third parties, including (without limit): making available any data, content or other information from the OCD App to any third party; or renting, leasing, lending, sublicensing or otherwise making available the OCD App to any third party.

    3. Prohibition on Reverse Engineering and Disassembly

      You must not reverse engineer, decompile, or disassemble the OCD App, except and only to the extent that such activity is expressly permitted by applicable law.

    4. Compliance with Applicable Laws

      You must comply with all applicable laws regarding use of the OCD App. Without limiting the previous sentence, You must not use the OCD App for any immoral, illegal or other purpose which OCD determines to be threatening, abusive or harmful (including any purpose which is detrimental to the interests of OCD).

    5. Consent to Use of Data

      You agree that OCD may collect and use technical data and related information, including but not limited to technical information about Your mobile device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the OCD App. OCD may use this information, as long as it is in a form that does not personally identify You, to improve its products or to provide services or technologies to You.

  4. TERMINATION
    1. The ELA is effective until terminated by You or OCD. Without prejudice to any other rights or remedies available to OCD reserves the right to restrict or cancel your access to the OCD App and/or services hosted in it, in the event:
      1. OCD suspects on reasonable grounds it is being used for suspicious activities, including any illegal or unauthorised transactions.
      2. You fail to comply with the terms and conditions of this ELA.
      3. You provided OCD, or OCD reasonably suspect you have provided, false or inaccurate information during the registration process or otherwise.
      4. OCD believe on reasonable grounds that it may be in breach of any law or regulation if we continue to allow you to use the OCD App.
      5. OCD believe on reasonable grounds your mobile device is lost, stolen or damaged or subject to unauthorised access.
    2. In such event, You must immediately destroy all copies of the OCD App in Your possession. You may only terminate this ELA by ceasing to use the OCD App and destroying all copies of the OCD App in your possession.
    3. To avoid doubt, termination of this ELA is without prejudice to the rights and obligations of the parties accrued up to and including the date of termination and a party may take action against the other party under this ELA in respect of a breach of the ELA arising prior to the effective date of termination.
  5. INTELLECTUAL PROPERTY
    1. All title and other intellectual property rights, including but not limited to copyrights, in and to the OCD App and any copies thereof are owned by OCD or its licensors. All title and other intellectual property rights, including but not limited to copyrights, in and to the data, information and content which may be accessed through use of the OCD App is the property of the respective content owner and is protected by applicable copyright or other intellectual property laws and treaties. All rights not expressly granted are reserved by OCD.
  6. NO WARRANTIES
    1. OCD expressly disclaims any warranty for the OCD App. The OCD App is provided 'As Is' without any express or implied warranty of any kind, including but not limited to any warranties of accuracy, merchantability, non-infringement, or fitness of a particular purpose.
    2. OCD does not warrant or assume responsibility for the accuracy or completeness of any data, information, content, text, graphics, links or other items contained within or made available through the OCD App. OCD makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program.
    3. To the extent permitted by law, you agree not to make and waive any right to make, any claim against us under sections 9, 12A and 13 of the Fair Trading Act 1986 and you agree this is fair and reasonable.
    4. You acknowledge that if you acquire our Services for a business purpose, the provisions of the Consumer Guarantees Act 1993 shall not apply.
  7. LIMITATION OF LIABILITY
    1. To the maximum extent permitted by law, in no event shall OCD be responsible or liable for any direct or indirect damages, costs, and expense (including, without limitation, lost profits, lost revenue, business interruption, lost information or data, or any indirect, special, incidental or consequential loss) arising out of or in connection with Your use of or inability to use the OCD App, whether based in contract, tort (including negligence) or otherwise, even if OCD has been advised of the possibility of such damages. Without limiting the previous sentence and to avoid doubt, OCD shall have no liability with respect to the data, information and content made available through the OCD App or any part thereof, including but not limited to errors or omissions contained therein.
    2. If the limitation of liability in the previous paragraph is held to be invalid in whole or in part, then OCD’s total liability to You for all damages, costs, and expense (other than for any damage, cost and expense that cannot be limited at law) must not exceed the amount of ten New Zealand dollars (NZD$10.00).
  8. THIRD PARTY CONTENT
    1. The provisions of this clause 8 are not intended to be read as limiting any other provision of this ELA, including (without limit) clauses 5 and 6.
    2. The OCD App may display, include or make available content, data, information, applications, services or materials from third parties or provide links to certain third party websites ("Third Party Materials and Websites"). By using the OCD App, You acknowledge and agree that OCD is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials and Websites. OCD does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any Third Party Materials and Websites. Third Party Materials and Websites are provided solely as a convenience to You. Financial information displayed in or by any Third Party Materials and Websites is for general informational purposes only and is not intended to be relied upon as investment advice.
    3. Before executing any securities transaction based upon information obtained from such sources, You should consult with a financial professional. Location data provided by any Third Party Materials and Websites is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither the OCD, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of any information, including financial information or location data displayed by Third Part Materials and Websites.
    4. In addition, Third Party Materials and Websites may not be accessed from, displayed on or linked to Your mobile device in all languages or in all countries. OCD makes no representation that such Third Party Materials and Websites are appropriate or available for use in any particular location. To the extent You choose to access such Third Party Materials and Websites, You do so at Your own risk and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. OCD reserves the right to change, suspend, remove, or disable access to any Third Party Materials and Websites at any time without notice. In no event will OCD be liable for the removal of or disabling of access to any Third Party Material and Websites. OCD may also impose limits on the use of or access to certain Third Party Materials and Websites without notice or liability.
  9. APPLICABLE LAW
    1. This ELA is governed and to be construed by the laws of New Zealand and You accept that the New Zealand courts have non-exclusive jurisdiction to deal with any dispute, litigation or other matter relating to this ELA or the OCD App.
  10. SEVERABILITY
    1. If at any time any provision of these terms is or becomes illegal, invalid or unenforceable in any respect, that provision shall be read down to become legal, invalid or unenforceable or, if this is not possible, deleted. The other terms of this ELA shall continue to apply with full force and effect.
  11. PRIVACY
    1. You agree that OCD can collect information about you and the way in which you are using the OCD App (among other things) and use the information as set out in our Privacy Policy. Please ensure you have read and understood our Privacy Policy which forms part of this ELA.
  12. APPLE
    1. Where you download, install or use the OCD App on an Apple mobile device, you acknowledge that:
      1. the ELA is between OCD and You, and not Apple; and
      2. Apple has no responsibility or liability in respect of any matter relating to the OCD App, including Your use or possession of the OCD App.
      3. OCD and You agree that Apple, and any Apple subsidiary, are third party beneficiaries of the ELA and that Apple has the right to enforce the ELA against You as a third party beneficiary.
  13. GOOGLE PLAY
    1. Where you download, install or use the OCD App on a Google Play mobile device, you acknowledge that:
      1. the ELA is between OCD and You, and not Google Play; and
      2. Google Play has no responsibility or liability in respect of any matter relating to the OCD App, including Your use or possession of the OCD App.
      3. OCD and You agree that Google Play, and any Google Play subsidiary, are third party beneficiaries of the ELA and that Google Play has the right to enforce the ELA against You as a third party beneficiary.
      4. You must use the OCD App downloaded from Google Play in accordance with the Google Play Business and Program Policies which are in place from time to time, the current version of which can be found at http://play.google.com/about/android-developer-policies.html.
    2. The OCD App and the use of the OCD App is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation, Apple or Google Play.