Legal & Privacy

Introduction

Fiordlanddiscovery.co.nz (this ‘Website’) is owned and operated by the Fiordland Discovery Ltd trading as Fiordland Discovery (‘FD, ‘we’, ‘us’, ‘our’).

These terms of use constitute an agreement made between you, the Website user, (‘you’, ‘your’ and us). You must not access or use this Website unless you accept all of these terms of use.

By accessing and using this Website you are agreeing that you have read, understood and accepted these terms of use, and agree to be bound by them and that you are authorised to enter into and perform them. 

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legal

Scope of these Terms and Conditions

These Terms and Conditions cover the website site Fiordlanddiscovery.co.nz and all its sub-domains.

Your use of this Website

You agree not to use this Website for any purpose that is unlawful or to engage in any conduct that is likely to impair or cause damage to the operation of this Website whether by way of a virus, corrupted file, through use of any software or program, or otherwise.

Furthermore you agree not to alter, modify, reproduce, communicate to the public or otherwise deal with the content, software, text, graphics, layout or design of this Website except in accordance with these terms of use.

Intellectual Property

The materials displayed on this Website are protected by copyright and other laws of New Zealand, and under similar laws and international conventions abroad. You acknowledge and agree that all copyright and other property rights that may subsist in this Website including text, illustrations, photographs, video, music, sounds, layout, designs, source code, belong to us or to our licensors (together, ‘our intellectual property’).

Except as permitted in the ‘copyright clearance and permission to use’ sections or with our prior written permission in other cases, you may not in any form or by any means: use, copy, modify, adapt, reproduce, store, distribute, print, display, perform, publish, communicate or otherwise deal in any way with our intellectual property; or commercialise any information, products or services obtained from any part of this Website.

Copyright clearance and permission to use

Images on this Website may be used or reproduced only with our express consent in each instance. You can request consent by applying to us here.

Trade marks

The trade marks appearing on this Website belong to us, our suppliers or our licensors. You must not use or reproduce or allow anyone to use or reproduce those trade marks for any reason without, in the case our trade marks, our prior written permission or, in the case of third party trade marks, the written permission of the owner the relevant trade mark.

Software licensing

All software and accompanying documentation (‘Software’) that is available to be downloaded from this Website is protected by copyright. The ownership of such Software is retained by the copyright holder and is not transferred to you. You are licensed to use the Software in accordance with the terms of the relevant licence agreement for such Software. You must read and confirm your acceptance of the licence agreement that accompanies each item of Software prior to downloading that Software.

Feedback and unsolicited submissions

If you give us feedback about this Website or our products or services, you grant us the right to use that feedback for the purpose of improving our Website or services (and for any other purpose we deem necessary or desirable) without being obliged to pay you any compensation in respect of our use of that feedback.

If you do send us unsolicited ideas they will be treated as ‘user content’ in accordance with these terms of use; and they will be deemed to be non-confidential; and we will not be required to provide any acknowledgement of their source.

Electronic communications

You consent to receiving communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to be bound by any agreement reached through electronic communications in terms of the Electronic Transactions Act 2002. You consent to receiving electronic messages and information sent by us (or on our behalf) for any purposes described in our privacy policy. You agree, pursuant to section 11(2) of the Unsolicited Electronic Messages Act 2007, that the person sending any such message need not include a functional unsubscribe facility in that message.

Disclaimers

We do not give any warranty or other assurance as to the content of material appearing on this Website, its accuracy, completeness, timeliness or fitness for any particular purpose.

To the maximum extent permitted by law, we provide this Website and related information and services on an "as is" basis without any warranties, representations, or guarantees of any kind (whether, express, implied, statutory or otherwise) including, but not limited to, warranties of non-infringement, merchantability, or fitness for a particular purpose.

Neither FD or our suppliers will, under any circumstances, be liable under the law of tort, contract or otherwise for any loss of income, profits, data or savings or for any indirect, incidental, consequential, exemplary, punitive or special loss or damage of any party (including third parties), however caused, arising out of or in connection with the use of the Website or the reliance on any information on this Website.

If you are using our services for business purposes, you agree that the guarantees provided under the Consumer Guarantees Act shall not apply to those services.

Availability

Your use of this Website and any associated services may sometimes be subject to interruption or delay. Due to the nature of the Internet and electronic communications, we and our service providers do not make any warranty that this Website or any associated services will be error free, without interruption or delay, or free from defects in design. We will not be liable to you should this Website or the services supplied through this Website become unavailable, interrupted or delayed for any reason.

Malicious code

Although we endeavour to prevent the introduction of viruses or other malicious code (together, ‘malicious code’) to this Website, we do not guarantee or warrant that this Website, or any data available from it, does not contain malicious code. We will not be liable for any damages or harm attributable to malicious code. You are responsible for ensuring that the process that you employ for accessing this Website does not expose your computer system to the risk of interference or damage from malicious code.

Security

Although we endeavour to protect the security of your personal information you acknowledge that there is a risk of unauthorised access to (or alteration of) your transmissions or data or of the information contained on your computer system or on this Website. We do not accept responsibility or liability of any nature for any losses that you may sustain as a result of such unauthorised access or alteration. All information transmitted to you or from you is transmitted at your risk, and you assume all responsibility and risks arising in relation to your use of this Website and the internet. We do not accept responsibility for any interference or damage to your own computer system which may arise in connection with your accessing of this Website or any outbound hyperlink.

Changes

We reserve the right to add to, modify, or remove this Website or any information, feature, specification, or other part of this Website (at any time and without notice to you). We reserve the right to change these terms of use from time to time by publishing the changed terms on this Website. You should review these terms of use periodically to be aware of such changes. Your continuing access or use of this Website following such publication shall be deemed your acceptance of the revised terms of use.

Governing law

These terms of use are governed by the laws of New Zealand and the courts of New Zealand shall have non-exclusive jurisdiction to hear and determine any dispute arising in relation to these terms of use.

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PRIVACY

1.Introduction 
From time to time Fiordland Discovery Limited t/a Fiordland Discovery (“we” “us” “our”) needs to gather certain information about its clients or prospective clients (“you” “your”). It is important to us that we keep that information about you safe.

This privacy notice applies to our website, software and booking with or through us.
We encourage you to read this notice carefully and to contact us if you have any questions or concerns about our privacy practices.
Users must positively affirm their consent to you using their data. Consent can’t be assumed from their silence.
Perhaps use two tick boxes… One which =says that they consent and one which says that they do not consent.

2. Who we are?
All data is managed by our marketing team and they can be contacted via email - marketing@fiordlanddiscovery.co.nz or via our website - https://www.fiordlanddiscovery.co.nz/contact/ or by phone +64 3 441 3322

3. What information do we collect?
Name, address(es), telephone number (s), email address (es), gender, height & weight (for helicopter transfers), any preferences or information that you share with us.

We collect data when you
• Book a cruise with us
• Contact us - via our website, by email of telephone
• When you visit our website
• Provide feedback following your cruise with us via a survey
• Enter one of our competitions to win a cruise
• Sign up to receive our newsletters

We collect data from the third-party agents that we work or a family member or friend booking travel on your behalf with for the purposes of process your booking and to deliver our services.

We may also collect sensitive information to ensure our employees meet your needs and to ensure you are kept safe whilst you are travelling with us, information may include: health conditions, disabilities or access requirements, height & weight and special dietary requirements. All information is stored in computer systems provided by third party suppliers which are not publicly accessible and protected by industry standard firewalls and passwords. Please note information over email is not secure, when sharing personal information with us this is entirely at your own risk.

We do not collect financial information, for all credit card payments are conducted in a SSL secure environment via Payment Express, https://www.paymentexpress.co.nz/privacy-policy.html

4. How do we use personal information?
• To complete booking/reservations including set up and administration
• We have your personal information that you have shared with our employees to meet your needs, provide the best customer service and to ensure you are kept safe whilst you are travelling with us, information may include: health conditions, disabilities or access requirements, height & weight and special dietary requirements
• We may get in touch to ask you to complete a short questionnaire following your cruise and to communicate marketing and events news

5. What legal basis do we have for processing your personal data?
We comply with applicable law in the countries in which we operate, such as the General Data Protection Regulation (“GDPR”)
• We collect personal data and process this data so that we can fulfil our legitimate interests and ensure customer experience and satisfaction and also to effectively market and promote our business
• Vital interest to ensure you are kept safe whilst you are travelling with us, information may include: health conditions, disabilities or access requirements, height & weight and special dietary requirements

To withdraw your consent to receiving our marketing and events news please contact our marketing team via email - marketing@fiordlanddiscovery.co.nz or via our website - https://www.fiordlanddiscovery.co.nz/contact/ or by phone +64 3 441 3322

6. When do we share personal data?
We will keep your personal data confidential and we do not sell any of your personal data. We will share personal data with our third-party service suppliers to comply with a legal requirements (ie. height & weight for helicopter transfers) and also with third-party booking, payment service providers and marketing agencies that are bound by confidentiality agreements.

7. Where do we store and process personal data?
Our reservation system Seekom - https://web.seekom.com/about/gdpr-compliance/, Xero Hubspot CRM- https://legal.hubspot.com/product-privacy-policy, Mailchimp - https://mailchimp.com/legal/privacy/

8. How do we secure personal data?
We adhere to all accepted standards and regulatory requirements. We use a certified cloud based software and have the following measures in place:
• to protect data from accidental loss we regularly back up our data
• to prevent unauthorised access, use, destruction or disclosure we regularly change passwords
• we train staff and contractors on data security

9. How long do we keep personal data?
We keep personal data for as long as you are interested in hearing from us. Joining our mailing list is optional and if you would like to unsubscribe please unsubscribe from our newsletter or email us at marketing@fiordlanddiscovery.co.nz to request to be unsubscribed from our database and we will unsubscribe your information from our secure third party software which we use to store our data.

10. Your rights in relation to personal data
• You have the right to be informed on how we are going to use your data
• You have the right to access your personal data
• You have the right to correct or delete your personal data
• You have the right to request us to restrict or object to the processing of your personal data
• You have the right to withdraw consent to you holding that data
• You have the right to request us to transfer data that we have collected to another organisation or directly to you
• You have the right to lodge a complaint with us
If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us.

11. How to contact us?
Please contact us via email marketing@fiordlanddiscovery.co.nz or via our website - https://www.fiordlanddiscovery.co.nz/contact/ or by phone +64 3 441 3322, NZ 0800 100 105.

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Last update: 8 November 2019