Privacy Policy

Overview

Burnett Foundation Aotearoa recognises the importance of protecting your privacy.

This Privacy Policy sets out how Burnett Foundation Aotearoa may collect, hold, use and disclose information that identifies you (your personal information).

If you would like to contact us in relation to this Privacy Policy or our use of your information, please email us at the details set out in the Contact Us section below.

Application of this Privacy Policy

Please read this Privacy Policy carefully. It applies to any personal information that you provide to Burnett Foundation Aotearoa or authorise us to collect. You are deemed to authorise us to collect, use and disclose your personal information in accordance with this Privacy Policy if you provide us with personal information or use any of our websites (Websites) or other services.

Our websites include:

• www.sweatwithpride.com

• www.burnettfoundation.org.nz

• www.pamoja.co.nz

• any other website operated by Burnett Foundation Aotearoa from time to time.

This Privacy Policy will also apply if you have confirmed that you agree to it in another context, for example, if you enter a promotion.

You are not required to provide us with any personal information that we request. However, if you do not do so, we may not be able to communicate with you or provide certain services to you.

Please note that a separate privacy policy will apply if you provide us with confidential information, such as when you use our health services or provide us with any medical of health information. Further information will be provided to you at that time.

Important Notice: New Zealand residents

Our Websites and services are intended for New Zealand residents only. If you are located in another country you may be subject to other laws, including data protection laws. For that reason, if you are not located in New Zealand you are not permitted to use, and must immediately cease using, our Websites and services.

Updates to this Privacy Policy

Burnett Foundation Aotearoa may update this Privacy Policy at any time by posting an updated version of this Privacy Policy on our Websites. The updated version of this Privacy Policy will take effect immediately upon such publication (or, if applicable, on the date specified in the updated Privacy Policy), and will apply to all personal information that we hold about you. We may also take additional steps to bring the changes to your attention, including by notifying you directly. You are responsible for reviewing this Privacy Policy regularly to ensure that you are aware of any updates.

Additional rights and obligations

This Privacy Policy applies in addition to, and does not limit, our rights and obligations under the Privacy Act 2020 and the Health Information Privacy Code 2020 (as amended or replaced from time to time) (Privacy Laws) or any specific authorisation that you provide to us when you interact with us or use our Websites or services.

Collection of personal information

Types of personal information we may collect

The personal information we collect will vary depending on how you use our Websites or services, or otherwise interact with us. For example, we may collect your:

• contact information, such as your name, address, telephone number and e-mail address

• demographic information, such as date of birth, ethnicity, sex and gender identity

• feedback that you provide to us

• medical and health information (if relevant to the services that you use) - a separate privacy policy will apply if you provide us with, or authorise us to collect, medical or health information. Further information will be provided to you at that time.

How we collect personal information

Generally, we collect personal information directly from you. We may also collect your personal information from a third party if you have authorised them to provide, or authorised us to collect, that information.

For example, we collect your personal information from you when you:

• volunteer to assist Burnett Foundation Aotearoa

• make a donation

• make a complaint, enquiry, or provide feedback

• submit an entry to a competition or prize draw

• fill in an online form (e.g. to make a donation, order free condoms or home testing kits, sign a petition, or to become a member of Burnett Foundation Aotearoa)

• subscribe to a service or newsletter

• correspond with us.

Cookies

When you use our Websites, we may also collect information that does not identify you (or any other individual), such as analytical information about use of our Websites. When you use our Websites, short text files called “cookies” may be automatically downloaded to your computer or mobile device. Cookies enable us to provide you with a better experience by enabling our Websites to know that you have visited before and in some cases to record preferences in order to personalise your visit. Cookies also assist us to analyse the profile of our visitors. These can be session cookies which are deleted when you close your browser and/or persistent cookies which remain on your computer or mobile device for a longer period of time. To delete or stop cookies being placed on your computer refer to the help menu on your internet browser. In a few cases blocking cookies may reduce the functionality of our Websites or otherwise prevent access to them depending on your chosen browser options. For further information visit www.aboutcookies.org.

Information about other people

If you provide us with, or authorise us to collect, personal information about another person (such as an emergency contact), you confirm that they have authorised you to provide us with, or authorised us to collect, their personal information in accordance with this Privacy Policy and that you have informed them of their rights to access and request correction of their personal information, as set out below.

Payment card information

We use a payment services providers to process all payments made using our Websites. Our current payment services providers are Payments2Us, Funraisin, Raisely, Stripe and EziDebit (for donations) and Stripe (for other purchases).

If you make a payment on our Websites (for example, to make a donation or to purchase an HIV testing kit) a payment service provider will process your payment. These payment service providers will tokenise (encrypt) and store your payment card or bank account number securely, in accordance with their Privacy Policy and (at a minimum) the Payment Card Industry Data Security Standards (PCI-DSS).

Your payment card or bank account number is not held by, and is never revealed to, Burnett Foundation Aotearoa.

Your payment card number is not held by and is never revealed to NZAF.

Use of personal information

Burnett Foundation Aotearoa may use your personal information for the following purposes:

• for the general operation of Burnett Foundation Aotearoa and our relationship with you - including providing you with products or services that you have requested or recommending additional services which we consider are likely to be of interest to you;

• to monitor use of our Websites;

• to process and deal with any complaints or enquiries made by or about you; and

• for any other purpose that is authorised by you or permitted by law.

We require any third parties to adhere to our confidentiality requirements and to the requirements of the Privacy Laws.

You should only order products (including free condoms or home testing kits) via our Websites for yourself or for someone who has authorised you to do so. If you order products via our Websites for a third party without their consent, or we receive a complaint regarding any product received by a person who did not make or authorise an order, we may (in addition to our rights under the Privacy Laws) disclose any personal information you have provided us to the relevant authorities or to the recipient of the products. If you order products for a third party without their consent, you authorise us to disclose your personal information in this way.

If we send personal information overseas, either directly or via a third party, we will ensure that any such transfer of personal information will only be undertaken in compliance with applicable laws, including the Privacy Laws.

Disclosure of personal information

Burnett Foundation Aotearoa may share your personal information, collected in accordance with this Privacy Policy, with the following parties for any of the purposes set out above:

• our related companies and organisations, partners, other reputable charities, contractors and service providers, to assist us with the operation of Burnett Foundation Aotearoa

• any other party authorised by you or to whom we are required or authorised to disclose personal information in accordance with applicable law.

Please note that a separate privacy policy will apply if you provide us with, or authorise us to collect, medical of health information. Further information will be provided to you at that time.

Storage of personal information

Personal information that we collect is either held by us at our head office at 31 Hargreaves Street, St Mary’s Bay, Auckland (refer to the Contact Us section below) or on our behalf. For example, some information we hold will be stored in “the cloud” in secure databases on our behalf by third parties based overseas. The use of cloud services, and the transfer of information overseas (if applicable), will not relieve us of our obligations under the Privacy Laws and this Privacy Policy.

Security

Security of your information is very important to us. We will take reasonable technical and organisational precautions to protect personal information that we hold. However, due to the inherent nature of the internet, we are not able to guarantee the security of any information that you hold or that you transmit to us.

Updates

We rely on you to update us if your contact details change (please refer to the Contact Us section below).

Access and correction of personal information

Under the Privacy Act 2020, you have the right to access and request correction of any personal information that we hold about you. Please refer to the Contact Us section below.

Other websites

Our Websites may provide links to other websites for your convenience and information. These websites are outside our control and are not covered by this Privacy Policy. If you access other websites using the links provided, the operators of these sites may collect information from you which will be used by them in accordance with their privacy policy. We are not responsible for the privacy policies or the content of any third party website.

Contact us

If you have any questions or requests relating to this Privacy Policy or personal information that we may hold about you, please contact us on:

Privacy Officer
Burnett Foundation Aotearoa
PO Box 6663
Auckland 1141
Phone: 09 303 3124
Email: contact@burnettfoundation.org.nz

This Privacy Policy was last updated on 29.04.2021

Terms of use

Website Use Terms & Conditions

1. Introduction

Welcome to the Sweat with Pride website. These terms and conditions explain the terms that apply to your use of the following Burnett Foundation Aotearoa websites (our Websites):

• sweatwithpride.com

• burnettfoundation.org.nz

• www.pamoja.co.nz

• any other website operated by Burnett Foundation Aotearoa from time to time.
  If you would like to contact us in relation to these terms and conditions or our Websites, please email us at the details set out in the Contact Us section below.

2. Application and updates

2.1 Access to and use of our Websites is subject to:

(a) the terms and conditions set out and referred to below;
(b) any specific terms that are notified to you on our Websites; and
(c) our Privacy Policy,
each as amended from time to time.

2.2 Please read the Website Terms carefully each time you visit our Websites. By accessing and using our Websites you are deemed to confirm that you have read, understood and agreed to be bound by these Website Terms. If you do not agree to any part of the Website Terms, you must not access, or must immediately stop accessing, our Websites. If, in our reasonable opinion, you have breached any of our Website Terms, we may immediately suspend or block your access to any of our Websites.

2.3 We may update these Website Terms (or any part of them) at any time by posting an updated version on our Websites. The updated version of these Website Terms will take effect immediately upon such notice. We may also take additional steps to bring the changes to your attention, including by notifying you directly. You are responsible for reviewing these Website Terms regularly to ensure that you are aware of any updates.

2.4 We may change the format, content and/or functionality of any part of our Websites at any time.

3. Use of our Websites

3.1 You must:

(a) review and comply with any eligibility criteria (such as age restrictions) notified to you when you use any of our Websites; and
(b) only use our Websites for your own personal, non-commercial use.

3.2 You must not:

(a) use a Website to in any way infringe the privacy or other rights of other users of our Website or any third party;
(b) use a Website in any way that breaches any applicable laws or that may cause distress, harm or inconvenience to any other person;
(c) data mine, screen or web scrape or crawl any Website, its pages or its content or use any process or processes that send automated queries to this Website unless you have obtained our prior written consent;
(d) misuse or do anything that disrupts all or any part of our Websites, including knowingly introducing software viruses, trojans, worms or other material that may be harmful; or
(e) state, suggest or in any way give the impression that you have any commercial relationship with us, or that you are our agent or that we have endorsed any submission you may make to our Websites.

3.3 All information contained on our Websites is provided for general information purposes only. It is not intended to be relied on, nor a substitute for your own judgement or for advice (including medical advice). We do not guarantee that any information provided on our Websites is accurate, complete, up to date or suitable for your intended use.

4. Security

4.1 Security of your information and your use of our Websites is very important to us. We will take reasonable technical and organisational precautions to protect our Websites and the information that we hold. However, due to the inherent nature of the internet, we are not able to guarantee that our Websites or any information that we hold or that you transmit to us will be secure or free from bugs or viruses.

4.2 You are responsible for taking your own measures to reduce the risk of viruses or other forms of interference damaging your computer system.

5. Exclusion of our liability

5.1 To the extent permitted by law:

(a) our Websites are provided on an “as is” and “as available” basis and any warranties, representations, conditions, undertakings and terms, whether express or implied, are expressly excluded; and
(b) in no event will we be liable under contract, tort (including negligence) or otherwise in connection with: (i) your access to, use of, inability to use or reliance on our Websites; or (ii) any information contained in, accessed or provided to us through our Websites.

5.2 You acknowledge that access to our Websites is provided at no charge and accordingly the exclusions of liability set out in this clause is fair and reasonable.

5.3 Our Websites may provide links to other websites for your convenience and information. These websites are outside our control and the provision of a link to a third party website does not imply our agreement to or endorsement of any of the information contained on the third party website or otherwise imply any association with the third party. Third party websites may have different terms of use and privacy policies, which you should review before using the third party website.

5.4 If you link our Websites to your website, you must remove the link at our request.

6. Intellectual property rights

6.1 We own or have obtained a valid licence to use all copyright, trademarks and other intellectual property rights used on our Websites and all such intellectual property rights will remain solely with us and/or our licensors (as the case may be).

6.2 Unless otherwise indicated, the material available on our Websites is protected by copyright. You can reproduce this material to your own computer for your personal use free of charge without further permission, as long as you:

(a) reproduce the material accurately;
(b) do not use the material in a derogatory manner or a misleading context; and
(c) acknowledge the source and copyright status of the material.
You may not post or redistribute any portion of our Website unless you have a license from us to do so.

7. Important Notice: New Zealand residents

7.1 Our Websites and Services are intended for New Zealand residents only. If you are located in another country you may be subject to other laws, including data protection laws. For that reason, if you are not located in New Zealand you are not permitted to use, and must immediately cease using, our Website and Services.

8. General

8.1 These Website Terms are governed by and construed in accordance with the laws of New Zealand and you submit to the exclusive jurisdiction of the courts of New Zealand.

8.2 These Website Terms constitute the entire agreement between you and us relating to our Websites.

8.3 If any provision of these Website Terms is found to be unenforceable or invalid, that provision will be limited or removed to the minimum extent necessary so that these Website Terms will otherwise remain in full force and effect. Our failure to exercise any right will not be deemed a waiver of that right or any other rights that we may have.

8.4 In these Terms (a) headings are for convenience only and do not affect interpretation; (b) a reference to a statute includes all regulations under and amendments to that statute and any statute passed in substitution for that statute or incorporating any of its provisions to the extent that they are incorporated; (c) a word importing the singular includes the plural and vice versa; (d) a reference to a party to these Terms includes that party’s successors and permitted assigns and substitutes; (e) “including” (and similar expressions) will be construed as “including, without limitation”; and (f) the singular includes the plural and vice versa.

9. Contact us

9.1 If you have any questions about these Website Terms or our Website please contact us at:

Burnett Foundation Aotearoa
PO Box 6663
Auckland 1141
Email: contact@burnettfoundation.org.nz

Phone: 09 303 3124

These Website Terms were last updated 08.05.2019

Sweat with Pride Terms and Conditions

General Competition Terms

The following terms cover all Sweat with Pride competitions, rewards and incentives, and are in addition to any specific terms relevant to each individual competition outlined further below.

• By participating in a Sweat with Pride Competition (the “Competition”), you confirm that you accept and agree to these Competition Terms.

• The Promoter of this Competition is the Burnett Foundation Aotearoa (“Burnett Foundation”).

• This Competition is only open to New Zealand residents 18 years and above and who have signed up to participate in Sweat with Pride and provided their correct information.

• You must be subscribed to Sweat with Pride email communications to participate in any competition. Email communications will be used to share Competition

• All valid entries received will go into the relevant draw.

• Winners will be drawn at random and notified by email and/or phone.

• Burnett Foundation is not responsible or liable for any late, lost or misdirected entries or for any problems or technical malfunction which may result in delay or failure to enter you into the draw.

• Burnett Foundation will endeavour to notify selected winners by email and deliver prizes by courier (or digitally where relevant), but reserves the right to notify selected winners and deliver prizes by other means.

• Burnett Foundation will make reasonable attempts to contact the winner, but if the winner is not able to be contacted or is unable to redeem the prize in accordance with the terms and conditions within two weeks from the first contact attempt; the prize will be redrawn without liability to any person.

• Prizes cannot be transferred or exchanged or redeemed for cash. Burnett Foundation takes no responsibility for entries or prizes that are lost or destroyed.

• Accepting a prize constitutes the winner's consent to Burnett Foundation to use their name for Competition or publicity purposes without compensation.

• The decisions of on all matters relating to this Competition are final and no correspondence will be entered into. Burnett Foundation reserves the right to verify the validity of an entry or a winner's right to redeem the prize in accordance with these terms and conditions. Burnett Foundation reserves the right to amend the prizes offered and these terms and conditions and in its absolute discretion cancel the competition at any time and without prior notice.

• To the extent permitted by law, Burnett Foundation excludes any liability it may have to you arising directly or indirectly out of or in connection with this Competition.

• Any personal information collected as part of this Competition will be held by Burnett Foundation in accordance with its privacy policy (https://www.burnettfoundation.org.nz/privacy-policy/). You have the right to access, update and correct such information.
  Employees, board members, and the direct family members of employees and board members, of the following organisations, are not eligible to participate in the Competition: Burnett Foundation Aotearoa, RainbowYouth, OutLine or InsideOUT.

Specific Competition Terms

Rewards:
- All rewards need to be claimed via the dashboard.

Sweat with Pride T-Shirt

• Limited to the first 500 people who sign up and who claim the T-Shirt through their dashboard

• The t-shirt  will be mailed to your postal address if you claim your reward via your dashboard.

• T-Shirt will be mailed out weekly from April 15th.

Sweat with Pride Rainbow Shoelaces
Sign up to participate in Sweat with Pride before 11:59PM 14 May 2024 to receive a free pair of Sweat with Pride Rainbow Shoelaces.

• Once the T-Shirt reward has been exhausted the next 1000 people who sign up and who claim their shoelaces through their dashboard.

• The shoelaces will be mailed to your postal address if you claim your reward via your dashboard.

• Shoelaces will be mailed out weekly from April 15th.

Sweat with Pride Pin
Make a self donation of at least $30 to your own profile and recieve a limited edition Sweat with Pride pin.

• Limited to the first 1,000 people who make a self donation of at least $30 and who claim the pin through their dashboard

• The Pin will be mailed to your postal address if you claim it through your dashboard

LesMills+ 30 Day Voucher
Raise $100 to receive a LesMills+ 30 day online voucher.

• Limited to the first 500 people who raise $150 and claim the reward through thei dashboard

• Once you have raised $150 you will be automatically emailed a confirmation email with instruction on how to claim.

• Once claimed, we will email you a unique voucher code in May so that you can access LesMills+ for free for 30 days.

• LesMills+ is an online platform

• This voucher does not grant access to Les Mills gyms.

Tote Bag
Raise $300 to receive a Sweat with Pride Workout Kit.

• Limited to the first 500 people who raise $300 and claim the reward through their dashboard.

• Once you have raised $300 you will be automatically emailed a confirmation email with instruction on how to claim.

• The tote bag will be mailed out weekly from 15th April. 

Limited Edition Pride Sweater

• Limited to the first 350 people who raise $500 and claim the reward through their dashboard
• Once you have raised $300 you will be automatically emailed a confirmation email with instruction on how to claim.
• The sweater will be mailed out weekly from 15th April. 

VIB Medal
Raise $1,000 to join the VIB Club and receive a personalised medal

• Limited to the first 150 people who raise $1,000 and claim the reward.

• Once you have raised $1,000 you will be automatically emailed a confirmation email with instruction on how to claim.

• After the challenge in June the medals will be mailed out.

VIB Competition - Les Mills Smart Tech Equipment Sets
Raise $1,000 to join the VIB Club and go into the draw to win one of two Les Mills Smart Tech Equipment sets valued at around $1,000

• Every person who raises at least $1,000 by 11:59pm July 7 will receive one (1) entry into the draw

• Entry into the draw closes at 11:59pm 7 July2023

• The winners will be draw at random on Monday July 10 and notified by email.