Privacy Policy

The Babysitters Club Limited (Babysitters Club)

Privacy Policy

1. Introduction

The Babysitters Club Limited (referred to as “B.C”, “our”, “us” or "we") is committed to protecting the privacy of the personal information of our current, former and potential Members (referred to as “you” and “your”).

This privacy policy sets out how we manage your personal information held by us, including how we collect, use, hold, disclose and otherwise process personal information. You will also find information about how to contact us if you have any questions about privacy issues, including how to update or access your personal information or make a complaint.

If we are unable to collect sufficient personal information we may not be able to provide you with the full benefit of our Services.

By providing us with your personal information whether in person, over the phone, by email, via our App, Website or otherwise or by authorising (either directly or indirectly) third parties to provide us with your personal information you are deemed to have read this privacy policy and you are accepting and consenting to the practices described in this privacy policy.

2. What types of personal information do we collect?

We only collect and process personal information that we consider necessary for the effective functioning of our Services and business. Generally, the types of personal information that we collect from or about you depends on the circumstances in which the information is collected (be you a Carer or Client). We have described below examples of the types of personal information that may be collected, however this is not an exhaustive list:

  • Member information: We collect information from you when you create or update your account. The main type of personal information that we collect is your name and contact details, including physical and postal address, email addresses, phone numbers, mobile numbers, login name and password.
  • Profile information: We require you to complete a profile, which may include personal information such as your photograph, age, gender and other details about you. We will indicate to you which of this information will be shared with other Members and/or published on our Website and App. Parts of your profile may be part of your public profile page and will be publicly visible to other Members.
  • Background check information: We may collect background check information if you sign up to use our Services as a Member. This may include information such as a Police Check, whether you have any previous convictions, or other such background information as we may determine to be reasonably necessary for the safe and proper function of our Services.
  • Payment and transaction information: We may collect your financial information (like your bank account or credit card information) when you make payments to us or third parties using our Services. We may also collect information related to your transactions on our Services, including the date and time, amounts charged, and other related transaction details. At the time that this Privacy Policy was issued, all online payments for our Services are conducted by Stripe, a third-party service provider.
  • Member content: We may collect information that you submit when you provide ratings, feedback, or otherwise contact us.
  • Device information: We may collect information about the devices you use to access our App or Website, including the hardware model, device IP address, operating systems and versions, software, file names and versions, preferred languages, unique device identifiers, advertising identifiers, serial numbers, and mobile network information.
  • Communications and phone calls: When you communicate with us or other Members in relation to a Service, we may collect information about your communication and any other information you provide. This includes when you call or message us, in which case we may retain your call for fraud prevention, internal training and quality assurance purposes.
  • Location information: When you use certain features of our Services, we may collect different types of information about your general location (e.g. your physical or postal address or your device’s IP address) or more specific location information (e.g. precise location from your mobile GPS). Most mobile devices allow you to control or disable the use of location services for applications in the device’s settings menu.
  • Other information: We may also collect other personal information as otherwise permitted or required by law, as well as any other information that you choose to provide us.

3. How is personal information collected?

We may collect personal information from or about you in a variety of ways. Where possible we will collect personal information directly from you. The most common ways we collect personal information allect personal information directly from you. The most common ways we collect personal information are:

  • information you provide us directly through our Services or through your use of our App or Website:
  • information that we receive as a result of a Police Check; and
  • in certain circumstances we may also collect your personal information from other third parties, including our related entities, service providers, contractors, and agents.

4. For what purposes do we collect, hold, use and disclose personal information?

We only collect, hold, use and disclose personal information for the purposes for which it was originally collected (and for related purposes which you would reasonably expect), unless required or authorised by or under law or if the individual concerned has consented to another use. Some of the specific purposes for which we collect, hold, use and disclose personal information include to:

  • Create and update your account.
  • Verify your identity and, if you are a Carer, ensure you meet our standards to work with children.
  • Enable us to correspond with you for reasons related to our Services;
  • Process or facilitate payments for those Services;
  • Enable features that allow you to share information with other people, such as a Safety Person;
  • Conduct investigations relating to our Services and make risk assessments;
  • Allow our business and Services to be audited;
  • Advertise and market our business, such as to send you promotional messages, marketing or advertising (unless you opt out);
  • Publish things on our App or Website, such as your public profile and feedback;
  • Ensure we comply with our obligations. We will use information to ensure we comply with the law, including disclosures authorised under the Privacy Act 1993;
  • Resolve disputes with or between any of our Members. We will seek your permission before disclosing your contact details to a third party involved in a dispute, unless this is permitted under the Privacy Act 1993 (e.g. we may disclose your information where the other party has sworn a statutory declaration regarding the dispute); and
  • We may also process your personal information for other purposes which are disclosed to you, and to which you consent, whether expressly or by implication by providing us with your personal information with knowledge of how we intend to use it.


5. Who has access to your personal information?

We respect the privacy of your personal information and will take all reasonable steps to keep it strictly confidential. However, we may disclose your personal information to third parties if required in connection with the purposes described in this privacy policy. This may include disclosure to the following persons:

  • our employees, officers, contractors, third party service providers (such as Stripe for online payment processing and Chatra for online messaging), agents, and partners;
  • our related or affiliated companies and their respective employees, officers, contractors, service providers and agents (and our related or affiliated companies may disclose the personal information directly to their contractors, service providers and agents);
  • other Members, to the extent outlined in this privacy policy (such as profile information, Member content, and limited location information);
  • A Carer’s Safety Person in the event that the Carer does not check-in and mark themselves as “safe” at the relevant time;
  • our accountants, insurers, lawyers, auditors and other professional advisors;
  • any other third parties to whom you direct or permit us to disclose your personal information (e.g. third parties with whom we have directly or indirectly arranged services for your benefit);
  • third parties that require the information for law enforcement or to prevent a serious threat to public safety; and
  • as otherwise permitted or required by or under any applicable law.

In the event that we sell a part of or the whole of our business, our records of personal information may be transferred to the new business owner or any of its related or affiliated companies (as the case may be).

Any recipients of your personal information shall only be entitled to use your personal information as required for the purposes for which it was provided to them, which shall be consistent with the purposes described in this privacy policy.

We will take reasonable steps to ensure that any third party to whom we disclose personal information is required to comply with the Act.

Your provision of personal information to us (whether directly or indirectly) will constitute your consent for us to disclose this information in accordance with this privacy policy. 


6. Disclosure of personal information offshore

Some of the third parties to whom we disclose personal information (such as Stripe and Chatra) may be located outside New Zealand. In addition, our websites and systems may also be based on servers located outside of New Zealand.

If we disclose personal information to third parties based offshore, we will comply with the requirements of the Act that relate to the transfer of personal information offshore.

7. Cookies

Our App and Website use a technology called cookies to record the preferences of visitors and enable us to optimise the design of our website. A "cookie" is a small data element that a website transfers to your computer for record keeping and experience customisation purposes. The length of time that a user’s computer stores cookies is determined by the user’s browser settings.

The use of "cookies" is an industry standard and helps show us how our Services are used. During normal usage our App and Website "cookies" do not store your email address or other personal information about you unless you have given your consent, or if it is essential for technical reasons. We use this technology to generate statistics and measure website activity to improve the usefulness of our Services. Each time you access our App or Website, our server may deliver certain customised information (such as advertisements) to you based on the data stored in your cookie. Third party vendors may utilise cookies to collect information about the content you view on our App and/or Website and use that information to show our advertisements on websites and/or serve these advertisements based on your prior use of our Services or visits to our website and other internet activity. We may also use analytics data supplied by third party vendors to inform and optimise our ad campaigns.

Some of the tags that are used on our App and Website include, but are not limited to, container tags (such as Google tag manager), which include retargeting tags and analytics tags. These tags provide us with aggregated knowledge and information on website behaviour and user preferences.

By using our App and Website you consent to the use and storage of cookies on your end device. You can also view our App and Website without cookies. If you do not wish to receive any cookies you may set your browser to refuse cookies. Not all features of our App and Website may be available if you do not enable cookies. We recommend you enable cookies in order to enjoy our Services. 


8. Storage and Security

Any personal information that falls within the scope of this privacy policy is collected and held by The Babysitters Club Limited or trusted third parties we may engage to store information on our behalf (such as cloud hosting service providers).

We will take reasonable steps to protect your personal information from misuse, interference, corruption, loss or unauthorised access, modification or disclosure, including through physical, electronic and procedural safeguards. However, to the extent permitted by law, we will not be responsible for and exclude all liability arising in relation to any misuse, interference, corruption, loss or unauthorised access, modification or disclosure of your personal information.

If we provide you with any passwords or other security devices it is important that you keep these secret and confidential and do not allow them to be used by any other person. You should notify us immediately if the security of these devices is breached to prevent the unauthorised disclosure of your personal information.

If we become aware of any breach involving your personal information we will comply with the requirements of the Act relating to the reporting of privacy breaches.


9. How long do we retain your personal information?

We will keep your personal information for as long as it is required for the purposes for which it was collected, taking into consideration our need to answer queries or resolve problems, provide improved and new services, and comply with legal requirements.

When the personal information that we collect is no longer required or is not required to be retained by law, we destroy, delete or permanently anonymise it (except for any personal information located on an off-site server or which is stored as electronic back-up data that cannot be readily accessed).


10. Email and other electronic communications

We are committed to full compliance with the Unsolicited Electronic Messages Act 2007.

By using our Services, App and Website you consent to receiving communications from us or from third parties on our behalf using the contact details you have provided (including, without limitation, via direct mailing, email, SMS, telephone call, and other phone number based messaging) which promote and market our Services from time to time.

You can opt out of those communications at any stage by contacting us using the contact details set out below at paragraph 11 or by utilising the "unsubscribe" facility included on all such communications. Once you have unsubscribed from these communications, we will remove you from the corresponding marketing list as soon as is reasonably practicable.

If you wish to unsubscribe from marketing material you receive from us, please contact that us directly.


11. Your rights to access and correct personal information

You may obtain confirmation from us as to whether or not we hold personal information about you. You may also request a copy of the personal information and/or request that corrections or changes are made to it. You can make such requests in relation to your personal information by contacting our Privacy Officer using the details set out below. Please quote your name and address and, if possible, provide brief details of what information you want a copy of (this helps us to more readily locate your information).

We will provide you with access to your personal information unless we are required or authorised to refuse such access by law.

In some cases, there may be a charge associated with retrieving and providing a copy of your personal information to you. If so, we will advise you of this prior to sending your information.


All such enquiries should be directed to:

Privacy Officer

The Babysitters Club Limited

8a Taupo Ave

Mount Maunganui

Tauranga

Email: hello@babysittersclub.co.nz

Phone: 0273349873

12. Complaints

At all times we will strive to ensure that your personal information is treated confidentially and in accordance with the Act. However, if you have any questions or complaints about the handling of your personal information, please contact our Privacy Officer in the first instance using the contact details set out in paragraph 11 above and we will do our best to assist.

If you are still not satisfied, you can make a complaint to the Privacy Commissioner. Further details on how to do this are available on the Privacy Commissioner website at www.privacy.org.nz


13.  Links to other websites

Our website may contain links to other sites and plugins (such as Chatra for online messaging) that are owned or operated by third parties and which are therefore not under our control, including the websites and plugins of our third party service providers. We take no responsibility for linked websites or plugins and provide them solely for your information and convenience. We specifically disclaim responsibility for their content, privacy practices and terms of use, and we make no endorsements, representations or warranties about their accuracy, content or thoroughness. Your disclosure of personal information to or in connection with third party websites and plugins is at your own risk. This privacy policy applies solely to our collection of personal information and not personal information collected by us.


14. Changes to this privacy policy

We reserve the right to amend this privacy policy from time to time by posting an updated privacy policy here on our website. We will collect, use, hold and disclose your personal information in accordance with our most recently updated version of the privacy policy. We recommend that you regularly review this privacy policy when you visit our website.

If you do not agree with any aspect of the updated privacy policy, you must promptly notify us and you may be required to cease using our Services, App and Website.

This privacy policy was last updated on 24 June 2019.


15. Privacy Act

Nothing in this privacy policy affects your rights under the Act. Further information about the Act and how it protects the personal information of individuals in New Zealand is available from the Privacy Commissioner website at www.privacy.org.nz.


16. Definitions

“Act” means the Privacy Act 1993 including any amendments, re-enactments or replacements of that Act.

“Client” means the person(s), family, or entity with whom B.C enters into an agreement for the purposes of providing Services.

“Carer” means the person who is to undertake the Services for a Client.

“Safety Person” means a person in relation to a Carer who will be alerted if the Carer does not complete a check-in at the relevant time.

“Services” means services relating to babysitting or caring for a child, on a casual or regular basis, accessed through our App and/or Website.

“Member” means a Client or Carer who has registered on the Website or App.

“Website” means the online medium of the domain of “thebabysittersclub.nz”, which operates the business of B.C. This term includes website operations performed on “thebabysittersclub.nz”.

“App” means the installed application on a smart phone, tablet, or any other device capable of running the App, available for download, which operates the business of B.C.

“Police Check” means a full disclosure criminal check conducted by the New Zealand Police based on the Child Protection Authority.