1. Who We Are.

This Policy was updated on the 17 August 2017

1.1 TOBA Ltd.

Welcome to The Online Business Academy Ltd abbreviated to TOBA Ltd. We are a Service Provider of Training and the Social Media Conference which is held annually.  Training and Development are specifically aimed at Social Media, Digital Marketing and Content Marketing and are delivered either face to face or online. We also run membership sites where people can learn about the abovementioned topics.

1.2 The Services; Responsible Party.

TOBA Ltd.’s websites and domains, including www.socialmediaconference.co.nz, and all of the webpages, subdomains, country level domain variants and subparts of those websites (collectively, our “Site”), all of the services available on or through the Site or otherwise provided by us (including our application programming interfaces), are offered, maintained and provided by TOBA Ltd. We refer to all of these as our “Services.” TOBA Ltd is a New Zealand based organisation with its principal place of business at M105 Private Bag 300987, Albany, Auckland, 0752. Reg. No. 4828460 (“TOBA Ltd,” “us,” “we” or “our”) registered with the Companies Office New Zealand. TOBA Ltd is responsible for collecting personal data through our services. If you have any questions or concerns at any time, please do not hesitate to contact us at the address above or by contacting us.

2. Our Privacy Statement.

2.1 Application.

We take the privacy of your Personal Data seriously. Because of that, we have created this Privacy Policy. Please read this Privacy Policy as it includes important information regarding your Personal Data and other information.

2.2 Incorporation by Reference.

This Privacy Policy is incorporated into the Terms of Service by reference. Nothing in this Privacy Policy shall be deemed to modify, waive, amend or rescind any other term of the Terms of Service.

2.3 Consent.

By using the Services or allowing someone to use the Services on your behalf, you are consenting to our collection, use, disclosure, transfer and storage/retention in accordance with this Privacy Policy of any Personal Data or other information received by us as a result of such use.

3. Personal Data That We Collect.

When you interact with us through the Services, we may collect Personal Data and other information from you, as further described below:

3.1 All Users.

When you voluntarily provide information through the ‘site’ either by registering for an event, workshop, webinar, surveys or other enquiries, we collect your personal data.  Personal data may include your full name, address, title, telephone number and email address, Internet Protocol (IP) address (where such information is considered Personal Data under applicable laws) and other personally identifiable information.

We also collect certain data automatically that is sent to us from the computer, mobile device and/or browser through which you access the Services (“Automatic Data”). This data can be collected through Cookies, Pixel Tags, Local Shared Objects, Web Storage and other similar technologies. For example, when we run a Facebook ad or Google ad, pixels help us to track this data. This data is not personal data and is therefore referred to as ‘non-personal’ data until it can no longer be associated with you, or used to identify you.

If you are attending an event, additional information will be required for our payment gateway.  Our payment gateway is Paypal which is a secure payment system.  All information provided to them about your payment method is confidential and between you and the payment gateway.  TOBA Ltd does not have access to any of this information.  If you have any queries relating to a transaction via credit card, please refer to PayPal immediately.

Payments made by direct Bank transactions require personal information for tax purposes, like the full address of the company. This is collected via private telephone or email to you.

3.2 Privacy Policy Links.

We make an effort to provide a link to this Privacy Policy in the footer of every page on our websites, including those pages on which Personal Data is collected.

4. How We Use Your Personal Data.

We use the Personal Data we collect in a manner that is consistent with this Privacy Policy. We may use the Personal Data as follows:

4.1 Contacting us

If you provide Personal Data when you contact us, we may use the Personal Data in connection with the purpose of the query. For instance, if you contact us by e-mail, we will use the Personal Data you provide to answer your question or resolve your problem and will respond to the email address from which the contact came.

4.2 Access of Memberships.

If you provide Personal Data in order to obtain access to membership site/s, we will use your Personal Data to provide you with access to memberships and how you use these services.

4.3 Business Purposes.

We may use your Personal Data for internal business purposes, including without limitation, to help us improve the content and functionality of the Services, to better understand our Users, to improve the Services, to protect against, identify or address wrongdoing, to enforce our Terms of Service, to manage your account and provide you with customer service, and to generally manage the Services and our business.

4.4 Marketing.

We may use your Personal Data to contact you in the future for our marketing and advertising purposes, including without limitation, to inform you about services or events we believe might be of interest to you, to develop promotional or marketing materials and provide those materials to you, and to display content and advertising of the Services that we believe might be of interest to you.

4.5 Other Uses.

If we intend to use any Personal Data in any manner that is not consistent with this Privacy Policy, you will be informed of such anticipated use prior to or at the time at which the Personal Data is collected or we will obtain your consent subsequent to such collection but prior to such use.

5. How We Disclose and Transfer Your Personal Data.

The relationship that we build with our Community, Members, Attendees, Trainers and Speakers is very important to us, as is confidentiality of information.

5.1 No Sale.

We are not in the business of selling your Personal Data. We consider this information to be a vital part of our relationship with you. Therefore, we will not sell your Personal Data to third parties, including third party advertisers. There are, however, certain circumstances in which we may disclose, transfer or share your Personal Data with certain third parties without further notice to you, as set forth below.

5.2 Business Transfers.

As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganisation, dissolution or similar event, Personal Data may be part of the transferred assets. You acknowledge and agree that any successor to or acquirer of TOBA Ltd (or its assets) will continue to have the right to use your Personal Data and other information in accordance with the terms of this Privacy Policy.

5.3 Parent Companies, Subsidiaries and Affiliates.

We may also share your Personal Data with our parent companies, subsidiaries and/or affiliates for purposes consistent with this Privacy Policy. Our parent companies, subsidiaries and affiliates will be bound to maintain that Personal Data in accordance with this Privacy Policy.

5.4 Agents, Consultants and Related Third Parties.

We, like many businesses, sometimes engage other companies to perform certain business-related functions. These companies include our marketing agencies, database service providers, backup and disaster recovery service providers, email service providers and others. When we engage another company to perform such functions, we may provide them with information, including Personal Data, in connection with their performance of such functions.

5.5 Legal Requirements.

We may disclose your Personal Data if required to do so by law (including without limitation, responding to a subpoena or request from law enforcement, a court or a government agency) or in the good faith belief that such action is necessary

(a) to comply with a legal obligation,

(b) to protect or defend our rights, interests or property or that of third parties,

(c) to prevent or investigate possible wrongdoing in connection with the Services,

(d) to act in urgent circumstances to protect the personal safety of Users of the Services or the public; or

(e) to protect against legal liability.

6. How We Store Your Personal Data.

We may store Personal Data itself or such information may be stored by third parties to whom we have transferred it in accordance with this Privacy Policy. For example, your data may be stored with MailChimp for the purposes of sending automatic updates for events.  We take what we believe to be reasonable steps to protect the Personal Data collected via the Services from loss, misuse, unauthorized access, inadvertent disclosure, alteration and destruction. However, no network, server, database or Internet or e-mail transmission is ever fully secure or error free. Therefore, you should take special care in deciding what information you send to us electronically. Please keep this in mind when disclosing any Personal Data.

7. How You Can Access Your Personal Data.

Registered membership Users can access their personal data through the membership login area.

All other users can update their date through the various website channels e.g. MailChimp, or you can contact us to update your data.

8. How Long We Retain Your Personal Data.

We respect your privacy and abide by the laws of New Zealand.

If you have opted in to any of our offerings, your data is held on our database until such time that you either unsubscribe or request to be removed.

Even if we delete your Personal Data it may persist on backup or archival media for an additional period of time.

9. Cookies, Pixels Tags, Local Shared Objects, Web Storage and Similar Technologies.

Please refer to our Cookie Policy, which is hereby incorporated by reference into this Privacy Policy, for more information about our use of these technologies.

10. Your Choices

You have several choices available when it comes to your Personal Data:

10.1 Limit the Personal Data You Provide.

You can browse the Services without providing any Personal Data (other than Automatic Data to the extent it is considered Personal Data under applicable laws) or with limiting the Personal Data you provide. If you choose not to provide any Personal Data or limit the Personal Data you provide, you may not be able to use certain functionality of the Services. For instance, in order to register for the conference or events, your name and email address will be required.

10.2 Opt Out from Electronic Communications.

(a) TOBA Ltd Marketing Communications.

TOBA Ltd may send you electronic communications marketing or advertising the Services themselves or events on the Services, to the extent you have registered for the Services or purchased a ticket and/or registration to an event listed on the Services. You can “opt out” of receiving these electronic communications by clicking on the “Unsubscribe” link at the bottom of any such electronic communication.
(b) Transactional or Responsive Communications.

Certain electronic communications from TOBA Ltd are responsive to your requests. For instance, if you are an Attendee, we must email you your ticket or registration when you purchase such ticket or registration. As a further example, if you email our customer support department, we will return your email. Notwithstanding any unsubscribe election that you have made, you will still receive these emails. You can stop receiving these types of emails only by contacting us. By electing to stop receiving all electronic communications from us or through our system you will no longer receive any updates on the event that you are registered for or further events, (including emails with your tickets). We do not recommend that you do this unless you plan to no longer use the Services.

(c) Retention.

It may take up to forty-eight (48) hours for us to process an unsubscribe request. Even after you opt out of all electronic communications, we will retain your Personal Data in accordance with this Privacy Policy, however, we will no longer use it to contact you.

10.3 Do Not Track.

We currently do not participate in any “Do Not Track” frameworks that would allow us to respond to signals or other mechanisms from you regarding the collection of your Personal Data.

11. Exclusions.

11.1 Non-Personal Data.

When you interact with the Services, we may also collect Non-Personal Data. The limitations and requirements in this Privacy Policy on our collection, use, disclosure, transfer and storage/retention of Personal Data do not apply to Non-Personal Data. The Non-Personal Data we collect, includes without limitation, Internet Protocol (IP) addresses (where such information is not considered Personal Data under applicable laws), Automatic Data, domain names of your Internet Service Provider, your approximate geographic location, a record of your usage of the Services, the time of your usage and aggregated Personal Data, but only to the extent that the foregoing cannot be used to specifically identify you. We also collect Non-Personal Data (including without limitation, of the type set forth above) from third parties. The information we collect from third parties may be combined with the information we collect. However, if we combine Non-Personal Data with Personal Data, we will treat the combined data as Personal Data.

11.2 Aggregated Personal Data.

Where we do research and you participate, the data collected is analysed and reported on an aggregated and this aggregate information does not identify you personally and therefore is considered and treated as Non-Personal Data under this Privacy Policy.

12. Children.

We do not knowingly collect Personal Data from children under the age of thirteen (13). If you are under the age of thirteen (13), please do not submit any Personal Data through the Services. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children never to provide Personal Data through the Services without their permission. If you have reason to believe that a child under the age of 13 has provided Personal Data to us through the Services, please contact us, and we will endeavour to delete that information from our databases.

13. International Privacy Laws.

13.1 Servers.

We are based in New Zealand and we have Servers in the United States, New Zealand and Australia. We hold and process your personal data according to the privacy laws of New Zealand and Australia.

These laws may not be the same as, and in some cases may be less protective than, the privacy laws in your country.

14. Changes to This Privacy Policy.

The Services and our business may change from time to time. As a result, at times it may be necessary for us to make changes to this Privacy Policy. We reserve the right, in our sole discretion, to update or modify this Privacy Policy at any time (collectively, “Modifications”). Modifications to this Privacy Policy will be posted to the Site with a change to the “Updated” date at the top of this Privacy Policy. I

n certain circumstances TOBA Ltd may, but need not, provide you with additional notice of such Modifications, such as via email or with in-Service notifications. Modifications will be effective thirty (30) days following the “Updated” date or such other date as communicated in any other notice to you. Please review this policy periodically, and especially before you provide any Personal Data.

This Privacy Policy was updated on the date indicated above. Your continued use of the Services following the effectiveness of any Modifications to this Privacy Policy constitutes acceptance of those Modifications. If any Modification to this Privacy Policy is not acceptable to you, you should cease accessing, browsing and otherwise using the Services.

15. Dispute Resolution.

If you have a complaint about TOBA Ltd.’s privacy practises you should write to us at TOBA Ltd, Inc., Attn: Privacy Officer, M105 Private Bag 300987, Albany, Auckland, 0752, or by email to [email protected] We will take reasonable steps to work with you to attempt to resolve your complaint.