TERMS OF USE

PLEASE READ THESE TERMS OF USE (“TERMS”). BY USING THIS WEBSITE YOU SIGNIFY YOUR ASSENT TO THESE TERMS.

IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE WEBSITE.

Definitions

Vivid Living (a trading unit of Fletcher Retirement Limited)

Copyright information

All reproduction or distribution of any material on this site or any Fletcher Building website (including, but not limited to, text, images, photographs, video, audio etc.) or any part of that material (“Material”), is strictly prohibited, unless explicitly stated otherwise.

Trademarks

The Vivid Living name and logotype and all related product or service names, design marks, logotypes or slogans are the property of Fletcher Residential and may not be used in any way without prior written approval from Fletcher Residential.

Your obligations

In using any Vivid Living or Fletcher Residential website, you must:

comply with these Terms and the provisions of any other contract between Vivid Living or Fletcher Residential and you;
ensure that all information you provide us with is current, complete and accurate; and
ensure that any access information we provide to you (for example, user identification details or numbers) is kept secure and not provided to any third party.

Currency

All prices indicated on this website are in New Zealand dollars, unless otherwise stated and include GST.

Privacy policy

What is this privacy policy about?

This Privacy Policy describes how Vivid Living (a trading unit of Fletcher Retirement Limited) (“we”, “us” and “our”) will treat the personal information that we collect about you through your use of our website, social media websites and pages and other communications with us. This Privacy Policy applies to all interactions with us, subject to a more situation specific policy or disclosure by us.

This Privacy Policy explains to you how we collect, hold, use and disclose your personal information and how you can access and correct your personal information and what to do if you have a complaint.

Collection of personal information

What kinds of personal information do we collect and hold?

The kinds of personal information that we collect and hold includes names, contact details, employment history, educational qualifications, government related identifiers (e.g. tax file and inland revenue numbers, driver licence information),and other information you voluntarily provide to us, complaint details and other information for our business functions and activities.

We may also collect sensitive information, such as membership of a trade union or professional association, health information and insurance policy information in respect of contractors and prospective employees.

How do we collect and hold personal information?

We usually collect personal information directly from the relevant individual. We may collect your personal information when you communicate with us, such as when you:

(a) make inquiries about us, our products and services or contact us for any other reason so that we can process, deal with and respond to your queries or other issues including any complaints; or

(b) contact, register with, post to, like or follow any of our social media websites, pages, forums or blogs; or

(d) register a product you have purchased or subscribe to any of our services; or

(e) register for and attend at events; or

(f) make applications for prospective employment and contracting opportunities with us; or

(g) subscribe to a newsletter, fill out a form or survey, enter or participate in any competitions or promotions.

Collection of personal information on our website or our social media pages will either be made clear from the context (e.g. request to complete information fields) or will state to the user that personal information is being collected.

In addition we may collect information through click tracking (in relation to your use of our website including the content you access and any services you utilise) and through log files or cookies (as further detailed below).

Security

We use industry-standard methods and take such steps as are reasonable to protect your personal information from unauthorised access, modification or disclosure and from misuse, interference and loss.

Among other techniques, we usually:

(a) store such information on a computer behind our “firewall” in a secure location;

(b) restrict the number of employees internally who can access such data; and

Once personal information is no longer required by us for the purposes for which it was collected or held or otherwise in accordance with the Principles and the Privacy Act, we will take all steps as are reasonable in the circumstances to ensure that it is either destroyed or de-identified after any retention periods required by law have passed.

What happens if you do not provide your personal information to us?

If you do not provide personal information that we request in connection with our activities, we may not be able to provide some or all of our products or services to you or be able to respond and assist in the manner required.

Why do we collect, use, hold and disclose your personal information?

We collect, use, hold and disclose your personal information for the purposes of conducting our functions and business activities, including:

(a) names and contact details, to provide our products and services to our customers and information and all services relating to our products and services;

(b) names and contact details, to record information regarding products purchased from us and to provide further services to you, such as product warranties and guarantees, and repair or replacement of products;

(c) names, contact details, transaction and experience information such as information on your purchase transactions and our communications with you, to assist in providing better products and services to you by tailoring them to meet your needs, to keep our websites and other online presence relevant and of interest to users, for direct marketing including promotions, newsletters and competitions, to show you advertising and information that is most relevant to you and your interests, and to carry out analysis of market activity, market research and surveys;

(d) for verification of your identity for use of our website, to conduct address verification or credit checks for invoicing and billing purposes;

(e) to provide you with further information about us or other websites or goods or services offered by us or our related companies or which we consider may be of interest to you;

(f) names, contact details, educational information, membership of trade and professional associations, sensitive information and government related identifiers, for contracting with individuals and assessing individuals for current or future employment opportunities; and

(g) any other purpose which is stated to you at the time of collection or that you otherwise authorise.

Do we use cookies or other web tracking systems?

We track traffic patterns throughout the URL (website) registered to us.

We use “cookies” on our website. A “cookie” is a small amount of information which is transferred to the hard drive of your computer and which can identify your web browser, but not you. If you want, you can disable your web browser from accepting cookies. If you do so, you can still access our website, but not all services may be available.

We may automatically collect general statistical information on our website about visitors to our website, such as IP addresses, browsers used, dates visited, pages visited and number of visitors. However, such information does not refer to individuals by name or their contact details. We use this data in aggregate to improve our website. We may provide such aggregated data to third parties, but in so doing, we do not provide identifiable personal information without the individual’s consent.

We use third party providers to provide us with web analytics services. These providers collect information on how individuals use our website. These providers may use cookies and other technology such as clear gifs or web beacons to obtain such information. This allows us to improve our website and our services.

Collection from third parties

In some instances, we may collect personal information about individuals from third parties, such as wholesale and retail suppliers of home building, renovating and design related products, where individuals have made inquiries about our products to such third parties, via recruitment agencies or from third party medical service providers (which provide medical reports and services to us). In such circumstance we are relying on the third party to have obtained the individuals consent. We may also obtain personal information from publicly available resources.

Will we disclose personal information to anyone else?

We may disclose personal information to:

(a) our related companies and affiliates (which includes any person or other entity which directly or indirectly controls, is controlled by or is under common control with us);

(b) third party contractors and providers of goods and services, such as courier and delivery companies, marketing and promotion companies, training and training certification agencies and business support services like storage and handling of documents and data, and information technology service providers;

(d) insurance companies;

(e) professional service firms providing services to us, such as legal or accountancy services;

(f) as required by law, such as to regulatory agencies; and

(g) any other recipient which is notified to you at the time of collection or that you otherwise authorise.

We may also provide your information to others, if required or permitted by law, in accordance with the Principles and the Privacy Act.

Do we disclose personal information overseas?

We may disclose and share your personal information outside the country of collection.

(a) where we have made a business decision to store our data with a trusted service provider who is in the business of providing data storage and processing services. These services commonly involve diverse geographic locations which may change from time to time, including as a result of change of provider, changes in data protection practices and processing efficiency. Where these services are used by us, it is not always practical for us to notify you of which country your personal information may be located in;

(b) for disclosures between our group companies. Our main business locations are in New Zealand and Australia, but some of our group companies are based in other countries; and

Electronic messages

In New Zealand, you consent to the usage, provision and acceptance of any information, including our latest news or notices, in electronic form in terms of the Electronic Transactions Act 2002 (NZ).

If you provide us with electronic contact details (including email or mobile phone number), you agree that we may send you commercial electronic messages for any of the purposes set out in this privacy policy.

Unsubscribing from our marketing materials

Unsubscribing from email lists

When we send commercial electronic messages (e.g. for marketing or promotional purposes), our message will contain instructions on how you may unsubscribe.

Unsubscribing from social media pages

Our social media pages provide instructions as to how you can unsubscribe from the relevant social media website or page.

Unsubscribing from hard copy promotional materials

When we send you hard copy promotional materials, such materials will include instructions on how you may unsubscribe from receiving such materials.

Dealing with us anonymously or using a pseudonym

You may deal with us on an anonymous basis or by using a pseudonym when making inquiries through our website or social media pages, or when you make general inquiries by telephone and do not require a further response from us. However, we may need certain contact details from you to respond to inquiries.

Generally, we will require your personal information in order to transact with you.

Storage, Access, Correction and Removal of your Personal Information

Any personal information that you provide to us will be collected and held by or on behalf of us. For our physical address please refer here . Under applicable privacy law (including the Privacy Act 1993 in New Zealand) you may have rights of access to or correction of your personal information. You can do so at any time by contacting the Privacy Officer by email at Privacy@FletcherBuilding.com.au, or to the ‘Privacy Officer, Level 4, 68 Waterloo Road, Macquarie Park, NSW 2113, Australia.

Before we provide you with access to your personal information we may require some proof of identity. We may charge a reasonable fee for giving access to your personal information if your request requires substantial effort on our part.

In accordance with the Privacy Act, if we do not agree to:

(a) provide you with access to your personal information or to amend or annotate the information we hold about you, you may seek a review of our decision; or

(b) make the requested changes to your personal information, you may make a statement about the requested changes and we will attach it to your record.

Advertising and third party links

Our website or other online presence may contain links to a variety of advertising and third party website sources. Some of these links may request or record information from users or use cookies or other methods to collect information from you. We have no control over the content or privacy policy practices of such sites, and encourage our users to review the privacy policies of such sites before engaging in any activity with them.

Business Transitions

In the event of a change in ownership of all or a portion of our business or the website, your user and other personal information may be transferred to the new owner so that the business or website (as applicable) can continue operations. In this event, your information would remain subject to this privacy policy.

Defined terms in this Privacy Policy

"Principles" is a reference to the privacy principles under the Privacy Act.

"Privacy Act" is a reference to each of the Privacy Act 1993 (NZ) and the Privacy Act 1988 (Cth) (Australia), and any other applicable privacy laws in New Zealand and/or Australia.

Complaints

You can send written complaints about a breach of the Principles or the Privacy Act in relation to your personal information by email to Privacy@FletcherBuilding.com.au by mail to the ‘Privacy Officer, Level 4, 68 Waterloo Road, Macquarie Park, NSW 2113, Australia. Complaints will be reviewed by our Privacy Officer and a response will usually be provided within 30 days of receipt of the complaint.

If you believe that your complaint has not been satisfactorily addressed by us, after following the procedure set out above, you can make a complaint in Australia to the Office of the Information Commissioner (OAIC), or, in New Zealand, to the Office of the Privacy Commissioner (OPC). The OAIC’s contact details are here and the OPCs contact details are here. For more information about making a complaint, contact us at Privacy@FletcherBuilding.com.au.

Amendments

We may amend this Privacy Policy at any time. Amendments to this Privacy Policy will be posted on our website and will be effective when posted. Please check our Privacy Policy regularly for updates and amendments.

*As amended 20 October 2015

Limitation of liability

The material on, and information contained on, or accessible through any Fletcher Residential or Vivid Living website, may contain technical errors or typing inaccuracies or other types of errors or inaccuracies. Vivid Living assumes no responsibility whatsoever for any such errors or inaccuracies. Vivid Living explicitly disclaims any warranty that any Vivid Living website will be secure, private, available continuously, or error free, or that any information, software or other material contained on, or accessible through, any Vivid Living website is free of computer viruses or other harmful components.

The material and information on all Vivid Living websites are provided for general informational purposes. Vivid Living makes no warranties of any kind, either express or implied, including, but not limited to, warranties of completeness, accuracy, correctness, title, non-infringement or implied warranties of merchantability or fitness for a particular purpose in relation to this material and information.

Vivid Living will not be liable for the consequence of any action(s) you may take on the basis of the information contained on, or accessible through, any Vivid Living website.

Vivid Living is not liable to you for any loss or damage, however caused, which may be directly or indirectly suffered, in connection with use of any the information contained on, or accessible through, any Vivid Living website.

Further, Vivid Living shall not be liable to you for any consequential, incidental, indirect or special damage or loss of any kind.

Consumer Guarantees Act

If you are a consumer under the Consumer Guarantees Act 1993 (the Act), and you are not accessing the Vivid Living website for business purposes, then nothing in these terms will affect your rights under the Act, and in particular, the Limitation of Liability section (above), will not apply.

Suspension and termination

Vivid Living reserves the right to investigate any violation of these Terms or any misuse of this website, and to suspend your access to this website, without notice to you, if you breach, or authorise, encourage, promote, facilitate or instruct others to breach, these Terms. If, in Vivid Living sole discretion, Vivid Living determines that the breach can be remedied and that it is unnecessary to suspend your access to this website pending remediation of the breach, Vivid Living may notify you to rectify the breach within the time period that Vivid Living specifies, and if the breach is not remedied within such time period, Vivid Living reserves the right to suspend your access to this website.

Vivid Living also reserves the right to suspend access to this website if this website is threatened or impaired in whole or in part, and to modify, remove, block or disable access to any materials available on or through this website that breaches these terms or any other agreement between you and Vivid Living for use of this website.

Applicable Laws

Vivid Living makes no representation that the material on this website is appropriate or available for use in other locations. Those who choose to access Fletcher Residential or Vivid Living websites from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Any claim relating to the material on this website will be governed by the laws of New Zealand and you accept the exclusive jurisdiction of the New Zealand courts.

Severability

If any part of these Terms is held unenforceable by a court of competent jurisdiction, the remaining parts of these Terms will remain in full force and effect.

General

Vivid Living may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the current Terms of Use because they are binding on you. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages at this site or in any other contracts between Fletcher Residential or Vivid Living and you.

Contact details

For our physical address and contact details please refer here