Wanderble Limited (we, us, our) complies with the New Zealand Privacy Act 1993 (the Act) when dealing with personal information. Personal information is information about an identifiable individual (a natural person).
This policy sets out how we will collect, use, disclose and protect your personal information.
This policy does not limit or exclude any of your rights under the Act. If you wish to seek further information on the Act, see www.privacy.org.nz.
CHANGES TO THIS POLICY
We may change this policy by uploading a revised policy onto the website. The change will apply from the date that we upload the revised policy.
WHO DO WE COLLECT YOUR PERSONAL INFORMATION FROM
We collect personal information about you from:
you, when you provide that personal information to us, including via the website and any related service, through any registration or subscription process, through any contact with us (e.g. telephone call or email), or when you buy or use our services and products
third parties where you have authorised this or the information is publicly available.
If possible, we will collect personal information from you directly.
HOW WE USE YOUR PERSONAL INFORMATION
We will use your personal information:
to verify your identity
to provide services and products to you
to market our services and products to you, including contacting you electronically (e.g. by text or email for this purpose)
to improve the services and products that we provide to you
to respond to communications from you, including a complaint
to conduct research and statistical analysis (on an anonymised basis)
to protect and/or enforce our legal rights and interests, including defending any claim
DISCLOSING YOUR PERSONAL INFORMATION
We may disclose your personal information to:
another company within our group
any business that supports our services and products, including any person that hosts or maintains any underlying IT system or data centre that we use to provide the website or other services and products
other third parties (for anonymised statistical information)
a person who can require us to supply your personal information (e.g. a regulatory authority)
any other person authorised by the Act or another law (e.g. a law enforcement agency)
any other person authorised by you.
[A business that supports our services and products may be located outside New Zealand. This may mean your personal information is held and processed outside New Zealand.]
PROTECTING YOUR PERSONAL INFORMATION
We will take reasonable steps to keep your personal information safe from loss, unauthorised activity, or other misuse.
ACCESSING AND CORRECTING YOUR PERSONAL INFORMATION
Subject to certain grounds for refusal set out in the Act, you have the right to access your readily retrievable personal information that we hold and to request a correction to your personal information. Before you exercise this right, we will need evidence to confirm that you are the individual to whom the personal information relates.
In respect of a request for correction, if we think the correction is reasonable and we are reasonably able to change the personal information, we will make the correction. If we do not make the correction, we will take reasonable steps to note on the personal information that you requested the correction.
If you want to exercise either of the above rights, email us at email@example.com. Your email should provide evidence of who you are and set out the details of your request (e.g. the personal information, or the correction, that you are requesting).
We may charge you our reasonable costs of providing to you copies of your personal information or correcting that information.
While we take reasonable steps to maintain secure internet connections, if you provide us with personal information over the internet, the provision of that information is at your own risk.
If you post your personal information on the website’s comments, you acknowledge and agree that the information you post is publicly available.
APPLICATION OF TERMS
These Terms apply to your use of the Website. By accessing and using the Website:
you agree to these Terms; and
where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.
If you do not agree to these Terms, you are not authorised to access and use the Website, and you must immediately stop doing so.
We may change these Terms at any time by updating them on the Website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Website, you agree to be bound by the changed Terms.
We may change, suspend, discontinue, or restrict access to, the Website without notice or liability.
These Terms were last updated on 7 July 2020.
In these Terms:
including and similar words do not imply any limit
Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis
personal information means information about an identifiable, living person
Underlying System means any network, system, software, data or material that underlies or is connected to the Website
User ID means a unique name and/or password allocated to you to allow you to access certain parts of the Website
We, us or our means Wanderble Limited
Website means https://wanderble.com and https://wanderble-riposte-nominationpage.bubble.io/
You means you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting.
You must provide true, current and complete information in your dealings with us (including when setting up an account), and must promptly update that information as required so that the information remains true, current and complete.
If you are given a User ID, you must keep your User ID secure and:
not permit any other person to use your User ID, including not disclosing or providing it to any other person; and
immediately notify us if you become aware of any disclosure or unauthorised use of your User ID, by sending an email to firstname.lastname@example.org.
not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website or any Underlying System, or otherwise attempt to damage or interfere with the Website or any Underlying System; and
unless with our agreement, access the Website via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.
You must obtain our written permission to establish a link to our Website. If you wish to do so, email your request to email@example.com.
You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our Website by using your User ID.
We (and our licensors) own all proprietary and intellectual property rights in the Website (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the Underlying Systems.
To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:
the Website being unavailable (in whole or in part) or performing slowly;
any error in, or omission from, any information made available through the Website;
any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website. To avoid doubt, you are responsible for ensuring the process by which you access and use the Website protects you from this; and
any site linked from the Website. Any link on the Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.
We make no representation or warranty that the Website is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Website is not illegal or prohibited, and for your own compliance with applicable local laws.
To the maximum extent permitted by law:
you access and use the Website at your own risk; and
we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Website, or your access and use of (or inability to access or use) the Website. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability is limited to NZD100.
To the maximum extent permitted by law and only to the extent clauses 7.1 and 7.2 of these Terms do not apply, our total liability to you under or in connection with these Terms, or in connection with the Website, or your access and use of (or inability to access or use) the Website, must not exceed NZD100.
You are not required to provide personal information to us, although in some cases if you choose not to do so then we will be unable to make certain sections of the Website available to you. For example, we may need to have your contact information in order to provide you with updates from our Website.
When you provide personal information to us, we will comply with the New Zealand Privacy Act 1993.
The personal information you provide to us (including any information provided if you register for an account) is collected and may be used for communicating with you, statistical analysis, the marketing by us of products and services to you, credit checks (if necessary), and research and development.
Generally, we do not disclose personal information to third parties for them to use for their own purposes. However, some of the circumstances in which we may do this are:
to service providers and other persons working with us to make the Website available or improve or develop its functionality (e.g. we may use a third party supplier to host the Website);
in relation to the proposed purchase or acquisition of our business or assets; or
where required by applicable law or any court, or in response to a legitimate request by a law enforcement agency.
Any personal information you provide to us may be stored on the secure servers of our trusted service providers, which may be located outside New Zealand. This may involve the transfer of your personal information to countries which have less legal protection for personal information than New Zealand.
You have the right to request access to and correction of any of the personal information we hold about you. If you would like to exercise these rights, please email us at firstname.lastname@example.org.
SUSPENSION AND TERMINATION
Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Website (or any part of it).
On suspension or termination, you must immediately cease using the Website and must not attempt to gain further access.
If we need to contact you, we may do so by email or by posting a notice on the Website. You agree that this satisfies all legal requirements in relation to written communications.
These Terms, and any dispute relating to these Terms or the Website, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or the Website.
For us to waive a right under these Terms, the waiver must be in writing.
Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 4.5, 5, 6, 7, 10.1, continue in force.
If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.
These Terms set out everything agreed by the parties relating to your use of the Website and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to the Website that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.
Your Privacy Choices on Riposte
Your Account and Profile Information
When you create an account, the following information can be viewed on your profile by anyone logged into Riposte:
– your profile photo and cover photo- your display name, username, biography- the total number of profiles that follow you (Followers) and a list of those profiles- the total number of profiles that you follow (Following) and a list of those profiles- any Fistpump or Facepalm posts that you have posted with a “Public” setting and any information associated with those posts.You also provide your current Town/City and Country location details, and can choose whether to display these on your profile or not.
Your display name and username can be searched by other people within Riposte. You choose whether you use your real name on Riposte, or a pseudonym.
Your Personal Lenses
When you create or edit your account, you also provide details about you that determine what information is provided to you in the trending sections of the Riposte application. This is:
– your current town/city
– your current country
– your age group
We call this information your “personal lenses”, and it is used for showing you what’s trending by other individuals with the same circumstances and settings. Every time you post something, the information that is collected from the post is associated with the options you have selected in your Personal Lenses at the time of posting.
You also have the choice to include other Personal Lens information so that you can see what’s trending in other groups relevant to you. These settings include your gender, your childhood town/city, your ethnic identity, your relationship status, your attraction/orientation, your household, your housing tenure, your stage of learning, your current learning provider, your employment status, and your profession/career path. These are completely optional, and you can choose whether you select the information most relevant to you for some, all or none of these settings.
We use Personal Lens information to analyse and compare the celebrations and struggles posted on Riposte across different groups of people and organisations. It is this information that adds value, meaning and weight to the shared experiences, and allows us to try and analyse both positive and negative social issues and detect emerging ones. For this reason, we treat this information carefully and respectfully. The information you enter into these settings cannot be viewed by others using the Riposte application. People are not able to limit search results by these settings, even when they select the search function for a particular trending term in a particular trending table.
You are able to change any of your Personal Lens settings at any time.
You are able to control who the audience is for each Fistpump and Facepalm post you make. You can post publicly, privately, to your followers, or to certain groups within your follower list.
If you post privately, no one will be able to view that post, but the information will still (anonymously) contribute towards the trending sections of the application (trending tables and trending links), as well as any anonymous group analysis reports we publish and share.
If you post publicly, anyone is able to view that post under your profile or using the search function. Anyone that can view your post is able to support, ditto or report that post. Only you can see a list of who has supported or dittoed your posts and the total numbers for each. When creating a post, you also have the ability to turn off the ditto function. You can delete your posts at any time.
Other Social Media Platforms
Only you have the ability to share your posts across other social media platforms using our “share” function. We can’t prevent people from taking and sharing screenshots of your posts or profile. We encourage people to share their posts across other social media platforms, and we collect information to analyse the information that is being shared.
You can control whether anyone can follow you or if you want to approve being followed first.
Your email address is used to send you important information about Riposte, or to alert you if one of your posts has been reported. However, you can choose whether you would like to receive activity notifications through email or through push notifications – some (but not all) of these can be switched on and off under Notification Settings.
Riposte Analytics Limited
1.2 In this policy, “we”, “us” and “our” refer to Riposte Analytics Limited, of 9 Locke Street, Wairoa, 4108, New Zealand. For more information about us, see Section 12.
1.3 This policy applies where we are acting as a data controller with respect to the personal data of our website visitors and Application users; in other words, where we determine the purposes and means of the processing of that personal data. This policy does not apply to:
(a) unsolicited information that you provide to us;
(b) other websites that are not operated by us, but that may be accessed via links within our website or Application.
1.4 Our website incorporates privacy controls which affect how we will process your personal data. By using the privacy controls, you can specify whether you would like to receive direct marketing communications and limit the publication of your information. You can access the privacy controls via www.riposte.app/privacy.
2. How We Use Your Personal Data
2.1 In this Section 2 we have set out:
(a) the general categories of personal data that we may process;
(b) the purposes for which we may process personal data; and
(c) the legal basis of the processing.
2.2 We may process data about your use of our website, the Application and the Services (“usage data”). The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data is our analytics tracking system. This usage data may be processed for the purposes of analysing the use of the website, the Application and the Services. The legal basis for this processing is your consent and includes our legitimate interests, namely monitoring and improving our website, the Application and the Services.
2.3 We may process your account data (“account data”). The account data may include your display name, your username and email address and any other contact information, any linked accounts that you set up and any information that you add in your profile. The source of the account data is you. The account data may be processed for the purposes of operating our website, the Application and providing our Services, ensuring the security of our website, the Application and the Services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is your consent and our legitimate interests, namely the proper administration of our website, the Application and the Services.
2.4 We may process your information included in your personal profile on our website or the Application (“profile data”). The profile data may include your name, address, telephone number, email address, profile pictures, gender, age group, ethnicity, relationship status, interests and hobbies, personal challenges, sexual orientation and attraction, educational details and employment details. The profile data may be processed for the purposes of enabling and monitoring your use of our website, the Application and the Services. The legal basis for this processing is your consent.
2.5 We may process information that you post for publication on our Application, our website or through our Services (“publication data”). The publication data may include your posts and interactions with others (e.g. your ‘facepalms’ and ‘fistpumps’), when you ditto or support someone else’s posts, who you set up as your audience and your personal lenses, how you set up groups and what account settings you select, information about who you follow and who your followers are and information about how others interact with you. The publication data may be processed for the purposes of enabling such publication and administering our Application, the website and the Services, as well as to generate anonymous group analysis reports and ‘Trending Tables’ to help people understand how different pockets of our communities are experiencing their lives. These analysis reports and trending tables are aggregated and anonymised, meaning they do not identify you personally, although they may break down groups of users of Riposte by common information provided in your personal lenses. The legal basis for this processing is consent and our legitimate interests, namely the proper administration of our website, the Application and our Services.
2.6 We may process information contained in any enquiry you submit to us (“enquiry data”). The enquiry data may be processed for the purposes of improving our Services to you, or to detect security breaches or breaches of our Terms and Conditions for use, our Code of Conduct, and our policies. The legal basis for this processing is your consent and our legitimate interests, namely the proper management of our website and Application.
2.7 We may process information that you provide to us for subscribing to our email and phone notifications and/or newsletters (“notification data”). The notification data may be processed for the purposes of sending you the relevant notifications and/or newsletters. The legal basis for this processing is your consent.
2.8 We may process information contained in or relating to any communication that you send to us (“correspondence data”). The correspondence data may include the communication content and metadata associated with the communication and information about any posts that you have reported and how they are handled. The correspondence data may be processed for the purposes of communicating with you and record-keeping. The legal basis for this processing is our legitimate interests, namely the proper administration of our website, our Application and business and communications with users.
2.9 We may process analytical information which is the interpretation of factual information (“analytical information”). This data may include your email address, what you view, what information you share across platforms, your device information and information about how you use our Application, our website and Riposte generally. The source of this data is Google Analytics. This data may be processed to help us understand how you use Riposte and how we can improve our Services. The legal basis for this processing is your consent and our legitimate interests, namely the proper administration of our website, our Application and business.
2.10 We may process any of your personal data identified in this policy where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.
2.11 In addition to the specific purposes for which we may process your personal data set out in this Section 2, we may also process any of your personal data where such processing is necessary for:
(a) the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks; and
(b) compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
2.12 If you are under the age of 12, please do not supply or submit any personal information through Riposte. We encourage parents and legal guardians to monitor their children’s internet usage and to report any cases to us if you have reason to believe that a child under the age of 12 has provided personal information to Riposte.
3. Providing Your Personal Data to Others
3.1 We share your posts and other interactions on Riposte with other Riposte users, in accordance with the privacy and audience settings you select. Depending on your profile settings, we may disclose your personal data relating to your profile information with other users.
3.2 We share our data reports, analysis and trending tables with third parties, including the media, but they do not personally identify you.
3.3 We may disclose your personal data to any member of our group of companies (this means our subsidiaries, our ultimate holding company and all its subsidiaries) insofar as reasonably necessary for the purposes, and on the legal bases, set out in this policy.
3.4 We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
3.5 We may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
3.6 We generate a lot of anonymous data analysis and reports about how people use and interact with Riposte, such as what issues are topical or trending in different demographics and community sectors. These reports may be shared with many different organisations. Any analysis and reports are anonymised and do not personally identify you.
4. International Transfers of Your Personal Data
4.1 We store all our data on cloud-based servers using Amazon’s AWS technology services. The hosting facilities for our website and Application are situated in the United States of America and Australia. The European Commission has made an “adequacy decision” with respect to the data protection laws of each of these countries. Transfers to each of these countries will be protected by appropriate safeguards, namely the use of standard data protection clauses.
4.2 You acknowledge that personal data that you submit for publication through our website or Application may be available, via the internet, around the world. While we use various technological and organisational security measures to ensure your personal information is protected against unauthorised access, use, modification, disclosure or other misuse, we cannot prevent the use (or misuse) of such personal data by others.
5. Retaining and Deleting Personal Data
5.1 This Section 5 sets out our data retention policies and procedures, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.
5.2 Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes. We will regularly review our information and erase or anonymise personal data when it is no longer needed.
5.3 We will retain personal data processed by us for as long as is considered necessary for the purpose(s) for which it was collected; there may also be occasions which will require data to be kept for longer, however this will typically be for legal purposes or research purposes. In addition, personal data may be securely archived with restricted access and other appropriate safeguards where there is a need to continue to retain it. We will periodically review this data, to ensure that it is still relevant and necessary.
5.4 Notwithstanding the other provisions of this Section 5, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
6.1 We may update this policy from time to time by publishing a new version on our website.
6.2 You should check this page occasionally to ensure you are happy with any changes to this policy.
6.3 We will notify you of significant changes to this policy by email.
7. Your Rights
7.1 In this Section 7, we have summarised the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. You should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.
7.2 Your principal rights under data protection law are:
(a) the right to access;
(b) the right to rectification;
(c) the right to erasure;
(d) the right to restrict processing;
(e) the right to object to processing;
(f) the right to data portability;
(g) the right to complain to a supervisory authority; and
(h) the right to withdraw consent.
7.3 You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. We will supply to you a copy of your personal data, free of charge, but additional copies may be subject to a reasonable fee. You can also access your personal data under your profile settings in the Riposte mobile application and a CSV file will be sent to your email address.
7.4 You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.
7.5 In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include where the personal data is no longer necessary in relation to the purposes for which they were collected or otherwise processed, you withdraw consent to consent-based processing, you object to the processing under certain rules of applicable data protection law, the processing is for direct marketing purposes, and the personal data have been unlawfully processed. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary for exercising the right of freedom of expression and information, for compliance with a legal obligation, or for the establishment, exercise or defence of legal claims.
7.6 In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are when you contest the accuracy of the personal data, the processing is unlawful, but you oppose erasure, we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defence of legal claims, and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it with your consent, for the establishment, exercise or defence of legal claims, for the protection of the rights of another natural or legal person, or for reasons of important public interest.
7.7 You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for the performance of a task carried out in the public interest or in the exercise of any official authority vested in us, or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.
7.8 You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.
7.9 You have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
7.10 To the extent that the legal basis for our processing of your personal data is:
(a) consent; or
(b) that the processing is necessary for the performance of a contract to which you are party,
and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.
7.11 If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection.
7.12 To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.
7.13 You may exercise any of your rights in relation to your personal data by written notice to us at email@example.com.
8. About Cookies
8.1 Cookies are small pieces of information that are stored in a browser-related file on your device when you use Riposte. Cookies are widely used on most major websites and help us to understand how many people are using the Services and what their usage patterns are. Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed. You can disable cookies in your browser settings if you want to, but this may sometimes affect the functionality of the Services. Please refer to section 11 for guidance on how you can manage cookies.
8.2 Cookies do not typically contain any information that personally identifies a user (i.e. cookies do not collect personally identifiable information), but personal information that we store about you may be linked to the information stored in and obtained from cookies.
9. Cookies That We Use
10. Cookies Used by Our Service Providers
11. Managing Cookies
11.1 Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:
(a) https://support.google.com/chrome/answer/95647?hl=en (Chrome);
(b) https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences (Firefox);
(c) http://www.opera.com/help/tutorials/security/cookies/ (Opera);
(d) https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer);
(e) https://support.apple.com/kb/PH21411 (Safari); and
(f) https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy (Edge).
11.2 Blocking all cookies will have a negative impact upon the usability of many websites.
11.3 If you block cookies, you will not be able to use all the features on our website.
12. Our Details
12.1 This website is owned and operated by Riposte Analytics Limited.
12.2 We are registered in New Zealand under registration number 9429042470939, and our registered office is at 9 Locke Street, Wairoa, 4108, New Zealand.
12.3 You can contact us:
(a) by post, to the postal address given above;
(b) using our website contact form;
(c) by telephone, on the contact number published on our website; or
(d) by email at info@riposteapp,com or by using the email address published on our website from time to time.
13. Data Protection Officer
13.1 Our data protection officer’s contact details are:
Contact Name: Deborah Hancock
Registered Office: 9 Locke Street, Wairoa, 4108, New Zealand
Riposte Analytics Limited
Terms and Conditions
1.1 Welcome to the Riposte community. Riposte is a social wellbeing platform that has been created to provide a safe community for you to express what’s important to you, in a way that can be combined and amplified with other voices, in order to build empathy and understanding of how different pockets of communities are experiencing their lives. We do this by letting you post Content, including fistpumps and facepalms, allowing you to follow, support and ditto other peoples’ posts. We also use the Content posted on Riposte to prepare and publish trending tables, and anonymised reports and Data Products, that help analyse the things that matter to different parts of our community. It is important for you to remember that you are responsible for the Content that you post and share.
1.2 Please read these Terms carefully before using the Services. By using the Services, you warrant that you are at least 12 years old and that you have read and agree to these Terms, which form a legal contract between you and the Company regarding the use of the Services. Your access to and use of the Services is conditioned on your acceptance of, and compliance with, these Terms. If you do not agree to the Terms, you must not access or use the Services. These Terms apply to all visitors, users and others who access or use the Services.
2.1 For the purposes of these Terms and Conditions, the following definitions shall have the meanings specified below:
“Riposte”, “Company”, “we”, “us” or “our” means Riposte Analytics Limited, 9 Locke Street, Wairoa, 4108, New Zealand;
“the Application” or “Riposte app” means www.riposte.app and the Riposte mobile application for iOS and Android;
“you”, “your” or “user” means any person who uses Riposte’s Services, whether a visitor or a registered user;
“Services” means all the services provided via the Riposte App and the Riposte website, and includes email/mobile notifications and communication, embeddable widgets, networks, products and Content .
“Content” means all information, text, links, graphics, photos, videos, comments or other materials or arrangements of materials published on, uploaded to, downloaded from, transmitted through, linked to, appearing on, or provided to the Services.
“Data Product” means all information or reports containing Content and aggregated and anonymised user information that is published or provided to third parties.
“including” and similar words do not imply any limitation.
3. Basic Terms
3.1 If you accept these Terms and use the Services on behalf of an organisation (eg a company or a school), you represent and warrant that you are authorised to do so, in which case the terms “you” or “your” shall refer to that entity. You may use the Services only in compliance with these Terms and Conditions, and all applicable local, national, and international laws, rules and regulations.
3.2 Because Riposte offers a wide range of Services, sometimes we may make certain Riposte services or functions available subject to additional terms and conditions. If this happens, you must comply with those additional terms and conditions.
4. Registration and Password
4.1 If you want to join the Riposte community and use the Services, you will need to create an account on the Riposte app. Accounts registered using automated methods are not permitted and will be terminated.
4.2 When you register with us, you acknowledge that you are responsible for the accuracy of any identifying information you provide as part of the registration process.
4.3 When creating an individual account, you do not need to use your real name. However, you must not impersonate anyone in a way that could mislead. Any parody accounts that breach our Code of Conduct will be disabled.
4.4 When creating an organisation account you must choose a name that fairly represents the organisation.
4.5 You are responsible for safeguarding the password that you use to access Services and for any activities or actions under your password (except where you can show us that your account was used fraudulently by a third party, and that fraud was not caused by your carelessness or negligence). We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Riposte cannot and will not be liable for any loss or damage arising from your failure to comply with the above. You must tell us straight away if you think someone may have accessed your account without permission.
4.6 You must make sure your account information is and stays accurate and up to date.
5.2 As part of providing you the Services, we may need to provide you with certain communications, such as service announcements, administrative messages, or reporting notifications through email and/or push notification. These communications are part of the Services, and you may not be able to opt-out from receiving them while your Riposte account remains active. You also consent to us sending you commercial electronic messages from time to time (but you will always be able to opt out).
7. Using the Services
7.1 We grant you a limited, revocable, non-exclusive license to access and use the Services and the Content for your own personal, non-commercial use. This license does not include any collection, aggregation, copying, duplication, display or derivative use of the Services, nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by us in writing.
7.2 We and/or our Licensors own the Services themselves and all the intellectual property rights in the Services (except for the content of your posts). This includes the software code underlying the Services, our brands and trademarks, graphics, logos, and icons.
7.3 When using the Services, you must comply with our Code of Conduct and you must not:
(a) do anything that violates the law or infringes anybody’s rights;
(b) use the Services for a commercial purpose;
(c) mislead, harass, bully, abuse, threaten, intimidate or discriminate against any person;
(d) upload, or otherwise disseminate, any viruses or any malicious code or any other software that may damage the property of another;
(e) interfere or with the operation or functionality of the Services or anyone else’s use of the Services;
(f) access someone else’s account;
(g) attempt, or enable or encourage someone else, to do anything that would breach these Terms and Conditions or any of our policies.
8.1 As between you and us, you own any original Content that you post on the Services. However, we may not keep Content forever, so if is up to you to make sure you back up any Content that you might want in the future. We are not liable for any loss of your Content.
8.2 By submitting, posting or displaying Content on or through the Services, you give us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide licence to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content for the purpose of providing and improving the Services and preparing anonymised Data Products (which we may publish and share with third parties, including the media). You agree that you will not be paid for such use of your Content. You can control some of what we do with your Content in your account settings – see Your Privacy Choicesfor more details. However, when using the Services, you should generally only post information that you are comfortable sharing.
8.3 You must only post content that complies with applicable law and our Code of Conduct, and that is respectful and responsible.
8.4 Riposte does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy or reliability of any Content posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content or opinions that you might not agree with, or that might be offensive, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabelled or are otherwise deceptive. We comply with our obligations under the Harmful Digital Communications Act, but Riposte will not otherwise be liable in any way for any Content, including, but not limited to, any errors or omissions in the Content, or any loss or damage of any kind incurred as a result of the use of any Content.
9. Links to Other Websites
9.1 Our Application and the Content on it may contain links to third-party websites or services, which are completely independent of Riposte. This means that they are not owned or controlled by Riposte. We make no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other website is done at your own risk. Riposte will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use or reliance on any such content, goods or services available on or through any third-party website or services.
10. Changes to the Services
10.1 Our Services are continuously evolving and may change from time to time. We reserve the right, in our sole discretion, to add, withdraw, or modify any or all of the Services at any time without prior notice and without liability to you and to modify or replace these Terms at any time.
11. Ending the Services
11.2 If you breach these Terms and Conditions, our Code of Conduct or any of our other policies, or create legal exposure for us, we may suspend or terminate your account without further liability to you. We reserve the right to remove any Content that we think breaches these Terms and Conditions, or Code of Conduct, or any of our policies, or that we think is otherwise harmful or inappropriate.
12. Providing Feedback
12.1 You acknowledge that any questions, comments, suggestions, ideas, feedback or other information provided by you about the Services are non-confidential. They shall become our sole property and we shall own exclusive rights, including all intellectual property rights, and shall be entitled to use and share them for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
13. Liability and Indemnity
13.1 We do our best to keep the Services running (subject to any downtime for maintenance and error-fixing). However, we do not promise that the Services will always function as intended, be available or error-free, or that defects will be corrected.
13.2 The Application may be subject to limitations, delays and other problems inherent in the use of internet and electronic communications. Riposte is not responsible for any delays, delivery failures or other damage resulting from such problems.
13.3 You use the Services at your own risk, and we do not make any warranties about the Services, including any warranties as to merchantability, fitness for purpose, or non-infringement.
13.4 To the extent permitted by law:
(a) we (and our directors, officers, employees and agents) will not be liable in any way (whether in contract, tort including negligence, under statute, or otherwise) for any user-generated Content accessed via the Services, or for the conduct of any of our users;
(b) we (and our directors, officers, employees and agents) will not be liable for any lost profits or revenue, lost data, lost business opportunity, or any indirect or consequential loss or damage that you suffer in relation to the Services;
(c) to the extent our liability is not otherwise excluded, our (and our directors’, officers’, employees’ and agents’) total liability to you in connection with the Services (whether in contract, tort including negligence, under statute, or otherwise) is limited to NZD5
13.5 For the avoidance of doubt, this clause does not limit our liability to you under the Fair Trading Act 1986, the Consumer Guarantees Act 1993, or the Privacy Act 1993.
13.6 If anyone brings a claim against us in relation to Content you post on the Services, you indemnify us (and our directors, officers, employees and agents) and will hold us harmless from and against all losses, damages, costs and expenses (including reasonable legal fees) that we suffer as a result of that claim.
14.1 These terms are governed by the laws of New Zealand and you submit to the jurisdiction of the New Zealand courts.
14.2 If we do not enforce any of these Terms and Conditions, it will not be considered a waiver.
14.4 Our rights and remedies under these Terms and Conditions are cumulative.
14.5 If any of these Terms and Conditions is illegal, invalid or unenforceable, it will be read down so that it is legal, valid and enforceable. Otherwise, it will be severed from these Terms and Conditions without affecting the remainder.
14.6 We may assign these Terms and Conditions in our discretion.
Riposte Code of Conduct
1. Introduction and Code of Conduct Purpose
1.1 The purpose of this Code of Conduct is to:
(a) Provide guidance to users on the appropriate use and management of content posted on the Riposte Application;
(b) Encourage good practice;
(c) Protect the safety of users, user privacy and user confidentiality;
(d) Uphold the reputation of Riposte as a safe and secure Application that encourages healthy expression by it’s users and engagement with the community overall;
(e) Ensure that users are aware that Riposte has a zero-tolerance policy for users that use the Riposte Application as a vehicle for any unacceptable ‘electronic behaviour’.
2. Riposte Supports Open and Safe Expresssion
2.1 Riposte regards the use of the Riposte Application as primarily a form of communication and relationship among individuals. Riposte believes in the expression of experiences among its users and believes that users and the community can both derive and provide important benefits from exchanges of perspective.
2.2 Riposte trusts and expects its users to exercise personal responsibility whenever they participate in using the Riposte Application. The Riposte Application enables individuals to share their insights, express their experiences and share information within the context of a community distributed conversation. Each tool and medium has proper and improper uses.
2.3 There is a difference between voicing a legitimate concern or grievance and simply badmouthing or some other form of written abuse of someone or some service. While we want users to robustly express their experiences, we draw the line at conduct that may make someone feel unsafe, seriously distressed, or that could otherwise cause them harm.
2.4 If you have any confusion about whether to publish something on the Riposte Application, the intention is that this Code of Conduct will resolve it. If, after checking this Code of Conduct, you are still unclear, it is best to refrain from posting the content.
3. Be Who You Are
3.1 Riposte believes in transparency and honesty. Use your own voice; bring your own personality to the forefront and share your experiences in a respectful manner.
3.2 Some users post anonymously, using pseudonyms or false screen names. While Riposte encourages you to be who you are, if you do not use your real name then you must not impersonate anyone in a way that could mislead.
3.3 If you create a parody account, it must be obvious. Please refer to the Riposte Terms and Conditions for more information.
4. Respect Your Audience and Other Users
4.1 Riposte is an online community that reflects a diverse set of customs, values and points of view. We want you to feel confident to be yourself, however we want you to do this respectfully. This includes not only the obvious (no ethnic slurs, personal insults, obscenity etc) but also proper consideration of privacy and of topics that may be considered objectionable or inflammatory. Use your best judgment.
4.2 Remember that there are always consequences to what you publish. If you are about to publish something that makes you feel even slightly uncomfortable, we recommend thinking about why that is and ensuring that you are complying with this Code of Conduct.
5. Be Responsible
5.1 You have responsibility for what you publish on Riposte. Always abide by Riposte’s Code of Conduct and the Terms and Conditions.
5.2 You must respect other people’s intellectual property including trademarked names and slogans and copyrighted material. It’s best practice to assume that all content online is protected by copyright.
5.3 In addition to the laws pertaining to copyright and IP, you must respect all laws and regulations in relation to privacy (Privacy Act 1993) when publishing any content on the Riposte Application.
6. Riposte Compliance
6.1 Riposte has a zero-tolerance policy for any conduct (actual or perceived) posted on the Riposte Application that is:
(a) Threatening, abusive, intimidating or of a bullying or harassing nature;
(b) Discriminatory or derogatory;
(c) Violent or encourages or incites or facilitates any violent behaviour or is considered to be a ‘personal attack’ on another user;
(d) Illegal, or of a nature that advocates any kind of illegal activity;
(e) Related to any organised criminal organisations, or terrorist groups, or any posts or content that promote them;
(f) Related to or facilitates any act of sexual exploitation or sexual violence.
6.2 Riposte does not allow any posts on the Riposte Application that:
(g) Glorify or encourage suicide or self-injury;
(h) Contain intimate images, leaked nudes or revenge porn;
(i) Are offensive, or indecent or any material that contains vulgar, obscene or indecent language or images;
(j) Are bigoted, hateful or racially offensive;
(k) Infringe the copyright of another person;
(l) Discuss the personal information of other users when that user has not authorised the information that is posted.
6.3 Users who violate this Code of Conduct deliberately, intentionally and/or consistently may lose their Riposte account permanently.
7. Staying Secure
7.1 In the interests of your own security, we recommend that you do not publish:
(a) Any links to malicious content (e.g. malware, viruses) or illegal content;
(b) Passwords or information that may enable another person to access your Riposte account;
(c) Someone else’s personal information (e.g. their physical address) without their permission/consent.
8.1 You must not engage in username “squatting” or attempt to buy or sell usernames.
8.2 We do not allow:
(a) any automated engagement with Riposte (e.g. mass account creation, mass following or follower accumulation, automatic posting, posting across multiple accounts etc);
(b) any paid endorsements;
(c) users of Riposte to be spammed in anyway.
8.3 We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.
9. Reporting Posts
9.1 We are serious about protecting people from harm on Riposte and follow the safe harbour process set out in the Harmful Digital Communications Act for this reason. If you think content on Riposte is harmful, we encourage you to report the post, and if that doesn’t resolve things to your satisfaction, to contact Netsafe (see www.netsafe.org.nz).
9.2 If you see a post that you think violates this Code of Conduct, you can report it by tapping on the information icon in the bottom right corner of a post, selecting the appropriate reporting option, and filling out the report form. The information in your report is provided to the author of the post (but you can choose whether you include your name and other personally identifiable information, or your profile information, or whether you keep your complaint anonymous).
9.3 The author of a post must respond to a report within 48 hours of the post being reported, either by deleting the post, making it “private” (which means nobody but the author can see that post) or requesting to leave it as is. A copy of the response is sent to the person that reported the post.
9.4 If the author does not respond to the report within 48 hours, we will make the post “private”. If the author chooses to leave the post as is, we will review the post, and decide to either make the post “private”, or leave it as is, depending on what we think is appropriate (and in compliance with the law).
9.5 If the author thinks a report is an abuse of process they may also report it to us and we will follow the same response and review process.
9.6 If a post is reported multiple times, we may make it “private” automatically.
9.7 We reiterate that any users who violate this Code of Conduct deliberately, intentionally and/or consistently may lose their Riposte account permanently.