The Learning Wave (TLW) Privacy Statement

At The Learning Wave we want to ensure that any information you provide to us is collected, managed and protected in line with the Privacy Act 2020. You can find more information on those core principles here: https://www.privacy.org.nz/privacy-act-2020/privacy-principles/

The TLW collects Personal Information from third parties, including credit reference agencies, as may be required by TLW, in connection with the Client’s application for the Services and any other dealings of whatever nature that the Client may have with TLW.  However, TLW will only acquire the Client’s Personal Information if it is relevant to achieving the outcome to which TLW and the Client have contracted for.

TLW will store Personal Information collected in any format it deems most appropriate at its offices or at premises outside its offices, including data storage facilities or online storage located within New Zealand which m​ay be operated by independent service contractors. It remains the responsibility of TLW, pursuant to Privacy Principle 5, to ensure the safety and protection of the Personal Information.

Purposes for which Personal Information may be used by TLW:

(i) to represent and advise the Client;

(ii) for dealing with commercial or legal conflicts;

(iii) to send to the Client communications relating to future publications and invitations to seminars and functions;

(iv) to provide the Client with access to a client extranet website;

(v) for the purposes of confidential analysis and critical review to enable the improvement of Services, for use in industry education, the provision of submissions and reviews to regulatory and compliance bodies and improvement of any future product development;

(vi) for internal business purposes such as invoicing and receipting, making payments to the Client or on its behalf and debt recovery (which may involve disclosing information to debt collectors); and

(vii) for specific purposes advised to the Client or to which the Client authorises.

TLW may process Personal Information based upon the Client’s written or oral consent. The client must, always provide TLW with current and accurate Personal Information. The Client may withdraw its consent at any time. The withdrawal of consent will not affect the lawfulness of processing based on consent before its withdrawal.

TLW may need to disclose Personal Information to third parties (including other entities or individuals who assist it in providing services or who perform functions on its behalf, such as hosting and data storage providers as well as Government agencies, including but not limited to the New Zealand Qualifications Authority and the Tertiary Education Commission), including during representing or advising the Client. TLW may disclose Personal Information if:

(i) it is required or authorised by the Client;

(ii) it is required by law (including the laws of any foreign jurisdiction enforceable in New Zealand);

(iii) it is lawfully required by any government body or agency as defined in Term 17.6.

TLW will hold all Personal Information according to the Privacy Principles.  The Privacy Principals allow, amongst other things, the right of the Client to access and request correction of the Client’s Personal Information.

TLW works with partners who from time to time assist in improving TLW’s business services and operation. All Personal Information used for statistical and measurement purposes, research and academic purposes that is shared by TLW with those partners shall only be done on an anonymous basis and the Client authorises TLW to disclose Personal Information to those partners provided information does not identify the client.

In the event that a change of ownership or control of all or part of TLW should occur, the Personal Information of the Client shall be assigned to the third party acquiring that ownership or control and subject to these terms and conditions.

TLW may disclose Personal Information when it, in good faith believes that such disclosure is necessary to detect fraud, unauthorised use of the Services, money laundering or other illegal activity, to protect the rights/property/Services of TLW, including but not limited to the investigations of regulatory agencies and the prevention of imminent harm.

TLW will notify you, and the privacy commissioner, if there has been a breach of security and your personal data has been affected by that breach.