What's On Christchurch

28 September 2020

1. Introduction

1.1 What's On Christchurch Service: Christchurch City Council (referred to in these Terms of Use as we, us and our) provides:

1. an app for use on mobile devices (the What's On Christchurch App); and
2. a website available at https://ccc.govt.nz/whats-on (the What's On Christchurch Website),

both of which provide information about upcoming events in Christchurch (together referred to in these Terms of Use as What's On Christchurch).

1.2 Application of Terms of Use: What's On Christchurch is owned and operated by us and is governed by these Terms of Use. You must accept these Terms of Use as part of the process for installing the What's On Christchurch App on your mobile device, and/or before using the What's On Christchurch Website. These Terms of Use form a legally binding contract between you and us once you accept them. You will not be able to use the What's On Christchurch App or the What's On Christchurch Website if you do not accept these Terms of Use.

1.3 Term: These Terms of Use apply for so long as you have the What's On Christchurch App installed on your mobile device or you use the What's On Christchurch Website. You can uninstall the What's On Christchurch App or discontinue using the What's On Christchurch Website at any time.

2. Events

2.1 Listed Events: The events listed on What's On Christchurch may be events conducted or promoted by persons other than us or any of our related entities. In listing events, we rely on the information provided to us by the event organisers or promoters and do not warrant or take responsibility for the completeness and accuracy of such information.

2.2 Fees: Not all events listed on What's On Christchurch are free of charge to attend and it may be necessary to purchase tickets to an event. If a ticket is required to be purchased, or there are fees payable to attend a listed event, you will be required to purchase the ticket from, or pay the fee to, the event organiser or promoter, or the applicable ticketing agent.

3. What's On Christchurch Dashboard and User Generated Content

3.1 What's On Christchurch Dashboard: The What's On Christchurch Website provides users with access to a personalised dashboard (Dashboard) through which you may list, promote and manage featured events to the public. If you have registered via the Dashboard to list any event and are provided a unique user name and/or password to allow you to access certain parts of the What's On Christchurch Website (each an Organiser Login), you must:

1. keep your Organiser Login secure;
2. not permit any other person to use your Organiser Login, including not disclosing or providing it to any other person; and
3. immediately notify us if you become aware of any disclosure or unauthorised use of your Organiser Login or your personalised account made available via the Dashboard (Organiser Account).

You warrant that all information provided on registration of your Organiser Account and contained as part of your Organiser Account is true, complete and accurate and that you will promptly inform us of any change to such information by updating the information in your Organiser Account and/or notifying us accordingly.

3.2 Criteria for listing an event: Before listing an event via the Dashboard, you must ensure that your event satisfies all the criteria for listing(external link). If your event does not meet the relevant criteria then we may remove your listing at any time without notice to you.

3.3 User Generated Content: When listing an event via the Dashboard, the What's On Christchurch Website may ask for or allow you to communicate, submit, upload or otherwise make available text, images, videos or other content (User Generated Content), which may be accessible and viewable by the public. You may not submit or upload any User Generated Content that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity.

3.4 Warranty: You represent and warrant that any User Generated Content you submit to What's On Christchurch whether via the Dashboard or otherwise, complies with these Terms of Use and that you own or have the necessary rights and permissions including, without limitation, all copyrights contained in the User Generated Content, without the need for payment to any other person or entity, to use and exploit, and to authorise us to use and exploit, your User Generated Content in all manners contemplated by these Terms of Use. You agree to indemnify and hold us harmless from any claims or expenses (including solicitor's fees) by any third party arising out of or in connection with our use and exploitation of your User Generated Content resulting from your breach of these Terms of Use. You also agree to waive and not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against us or our licensees, distributors, agents, representatives and other authorised users, and agree to procure the same agreement to waive and not to enforce from others who may possess such rights.

3.5 Ownership of User Generated Content: By submitting any User Generated Content to What's On Christchurch whether via the Dashboard or otherwise, you grant us a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights for the full duration of those rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, transform, adapt, translate, create derivative works based upon, publicly perform, publicly communicate, make available, and otherwise exploit such User Generated Content, in whole or in part, in all media formats and channels now known or hereafter devised (including in connection with What's On Christchurch and on third-party websites, services, applications, and/or platforms), without further notice to you, without attribution (to the extent this is not contrary to mandatory provisions of applicable law).

3.6 Removal of User Generated Content: We may monitor, screen, post, remove, modify, store and review User Generated Content or communications published via What's On Christchurch (whether on the Dashboard or otherwise), at any time and for any reason, including to ensure that the User Generated Content and any associated communication conforms to these Terms of Use, without prior notice to you. We may terminate your Organiser Account and/or access to What's On Christchurch if your User Generated Content violates these Terms of Use, including unlawful postings or content, without prior notice to you. We are not responsible for, and do not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by users.

4. App notifications, location data and sharing events

4.1 App notifications: The What's On Christchurch App allows you to save events you are interested in and we will send you notifications with information and reminders about the events you have saved. If you do not wish to receive notifications relating to What's On Christchurch, you can opt out of receiving these notifications at any time by deactivating the notifications option in the settings menu of What's On Christchurch App, or in the notification settings on your mobile device.

4.2 Location data: If you have allowed us to access your location data while using the What's On Christchurch App, we will use your location to show you events which are local to you. You can opt out of sharing your location with us by deactivating the location option in the settings menu of the What's On Christchurch App or the location settings on your mobile device. Our use of location data is described in the What's On Christchurch Privacy Policy.

4.3 Sharing events: When using the What's On Christchurch App or browsing the What's On Christchurch Website on your mobile device, you can use the 'share' function to share events to third party apps that you may have on your mobile device. If you do share events, you will be solely responsible for all postings you make in relation to the shared events and you must not alter, or attempt to alter, any of the information regarding the event when sharing the event. We will collect information about events that you share.

5. Updates

5.1 Updates to these Terms of Use: We may amend these Terms of Use from time to time. We will either indicate the date of the last update of these Terms of Use on the version of the Terms of Use available through the What's On Christchurch Website, or by direct notification through the What's On Christchurch App on your mobile device. You should check the Terms of Use from time to time to check for any amendments. If you continue to use What's On Christchurch after any such amendment, you will be considered to have accepted the amended Terms of Use.

5.2 What's On Christchurch Updates: We may from time to time make available an updated or new version of the What's On Christchurch App, including to provide bug fixes and/or new, replacement or improved features or functionality (App Update). You acknowledge that:

1. any failure by you to download an App Update may result in your use of the What's On Christchurch App being restricted or subject to interruptions or errors; and
2. an App Update may require you to run a more recent version of the relevant operating system for your mobile device.

We may also from time to time update or develop the What's On Christchurch Website, including to provide bug fixes and/or new, replacement or improved features or functionality(Website Update). Each Website Update will be available to you automatically when you browse the What's On Christchurch Website. We may also choose to cease making both the What's On Christchurch App and/or the What's On Christchurch Website available at any time.

6. Your responsibilities

6.1 Lawful use: You may only use What's On Christchurch for lawful purposes and you must comply with all applicable laws when accessing and using What's On Christchurch.

6.2 Instructions: You must comply with any instructions we provide to you relating to access to, and use of, What's On Christchurch.

6.3 Prohibited acts: You must not:

1. copy, modify, translate or otherwise create derivative works from any part of, or reverse engineer or decompile the whole or any part of, What's On Christchurch (or attempt to do so, or assist anyone else to do so);
2. copy any part of What's On Christchurch, except as permitted by these Terms of Use, and to the extent that copying occurs automatically in the normal course of your accessing What's On Christchurch;
3. interfere with, or disrupt, the provision of What's On Christchurch or its use by anyone else; or
4. attempt to gain unauthorised access to What's On Christchurch, the server on which What's On Christchurch is stored or any server, computer or database connected to What's On Christchurch.

7. Intellectual Property

7.1 Copyright: Unless otherwise indicated, we or our licensors hold the copyright and other intellectual property rights in all material on What's On Christchurch (Materials). You do not acquire any ownership rights in the Materials by using What's On Christchurch or any of the Materials.

7.2 Your Use of Materials: The Materials can be accessed and used by you for personal and non- commercial purposes free of charge on the mobile device that you own or control. The Materials may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used in any way unless specifically authorised by us.

7.3 Trademarks and logos: We do not authorise the use of any of our trademarks or logos, or any other trademarks and logos on What's On Christchurch, without our prior written permission. These are the registered or unregistered trademarks of us or our licensors.

7.4 Your feedback: Anything you provide to us, including feedback, ideas or suggestions that you give us, in relation to What's On Christchurch may be used by us free of any obligations to you (including payment).

8. Liability and disclaimers

8.1 Accuracy and errors: The preparation and provision of the information on What's On Christchurch has been made in good faith from a number of sources that are believed to be reliable. All due care has been taken to ensure that the information is accurate and up to date. However, we do not warrant or represent that the content and/or facilities available or accessible via What's On Christchurch will always be accurate, complete or current; or free of errors, defects, viruses or other harmful components.

8.2 No guarantee of availability: We will use reasonable efforts to ensure that What's On Christchurch is available as much of the time as possible, but we do not warrant or represent that What's On Christchurch will be available at all times, or that access to What's On Christchurch will be uninterrupted.

8.3 Liability Exclusions: Subject to clause 6, to the fullest extent permitted by law, we will not be liable for any errors and omissions, nor for:

1. any direct or indirect, incidental, special or consequential loss or damage;
2. any loss of data, profits, revenue, business or goodwill; or
3. any damage to your mobile device or the data held on your mobile device,

arising out of or in connection with the use of What's On Christchurch or the data contained on it.

8.4 Limitation of Liability: If notwithstanding the above, we are found to be liable to you for any damage or loss which arises as a result of your use of What's On Christchurch, our liability (whether in contract, tort or otherwise) shall not exceed $50.00.

8.5 Warranties Excluded: To the fullest extent permitted by law, we disclaim and exclude all representations, warranties and conditions, whether express, implied or statutory, relating to What's On Christchurch, other than those representations, warranties and conditions identified expressly in these Terms of Use.

8.6 Consumer Guarantees: Notwithstanding any other provision of these Terms of Use, nothing in these Terms of Use limit any rights you may have under the Consumer Guarantees Act 1993 (CGA), provided that if you are in trade (as defined in the CGA) and are using What's On Christchurch in trade, you agree that the provisions of the CGA do not apply.

9. Suspension and termination

9.1 Suspension of Operation: We may withdraw or suspend the operation of What's On Christchurch, or cease to provide and/or update content to What's On Christchurch, with or without notice to you, if we have reasonable grounds for doing so, including for security, legal or business reasons.

9.2 Suspension or Termination of Access: We may suspend and/or terminate your right to access and use What's On Christchurch including without limitation, the Dashboard or your Organiser Account, with immediate effect at any time, including where you have not complied with these Terms of Use. We will use all reasonable endeavours to notify you if we do so, except where we are prohibited from doing so under applicable law.

10. Third party websites and services

10.1 Third Party Sites: What's On Christchurch may link you to websites and third parties connected to listed events. These websites are not under our control, and you acknowledge that we are not responsible for the accuracy or any other aspect of the content of such websites. Your use of such websites is subject to their terms of use. The inclusion of a link to any such websites does not mean that we have reviewed and endorse or assume responsibility for material posted or services or products offered on that website.

10.2 Operating System:

1. To operate effectively the What's On Christchurch App requires Apple iOS 10 or higher or Android 5 or higher.
2. The requirements for effective operation of the What's On Christchurch Website can be found here(external link).

You are responsible for ensuring you have the appropriate version of these operating systems and must comply with the applicable terms of use of those operating systems.

11. General

11.1 Assignment: Your rights and obligations under these Terms of Use are personal to you and you may not assign or otherwise transfer any of your rights or obligations under these Terms of Use to any other person without our prior written consent. We may assign or transfer any or all of our rights or obligations under these Terms of Use at our sole discretion.

11.2 Force Majeure: Neither you or us will be liable for any breach of these Terms of Use, if and for so long as this breach is a direct result of circumstances beyond the breaching party’s reasonable control.

11.3 Waiver: No waiver by you or us of your or our (as applicable) rights under these Terms of Use will be effective unless it is in writing.

11.4 Governing Law and Jurisdiction: These Terms of Use are governed by the laws of New Zealand, and any related disputes will be resolved by the New Zealand courts.

11.5 Entire Agreement: These Terms of Use and the documents and information referred to in these Terms of Use record the entire agreement between you and us relating to What's On Christchurch.

11.6 Contacting Us: If you have any questions about these Terms of Use or What's On Christchurch, please contact us(external link).

28 September 2020

1. Introduction

1.1  What's On Christchurch: This Privacy Policy describes how Christchurch City Council (referred to in this Privacy Policy as we, our or us) collects, uses and discloses your personal information obtained through our mobile app (What's On Christchurch App) and our website available at https://ccc.govt.nz/whats-on(external link) (What's On Christchurch Website). The What's On Christchurch Website also provides you with access to a personalised dashboard (Dashboard) through which you may list, promote and manage your listed events to the public. The What's On Christchurch App, What's On Christchurch Website and Dashboard are referred to in this Privacy Policy together as What's On Christchurch.

1.2 Application of Privacy Policy: The information in this Privacy Policy only applies to personal and other information collected through What's On Christchurch, and does not apply to any of our other websites or online services (which may have their own privacy policies).

1.3 Updates: We may change this Privacy Policy from time to time. We will give you notice of changes using What's On Christchurch. We will indicate the date of the last update of this Privacy Policy on the version of the Privacy Policy available through What's On Christchurch. You should check this Privacy Policy from time to time to check for any amendments. If you continue to use What's On Christchurch after the amendment, you will be considered to have accepted the amended Privacy Policy.

1.4 Privacy Act: We are required to comply with the provisions of the Privacy Act 2020 (as that Act may be updated or replaced from time to time)(the Privacy Act). Personal information is collected, held and used in accordance with the principles set out in the Privacy Act. In particular, we will:

1. use personal information only for the purpose for which it is collected;
2. retain personal information only for as long as is necessary to fulfil the purposes for which it was collected; and
3. release personal information to a third party only when required to or permitted to by law, if you have authorised the release or where disclosure is connected to the purpose for which the information was collected.

1.5 This Privacy Policy explains:

1. what kind of personal information we collect;
2. when we collect personal information;
3. how we use personal information;
4. how we store information;
5. our use of cookies and analytics tools; and
6. how you can contact us.

2. What kind of personal information we collect

2.1 We automatically log some information which is, or may be, personal information when you use What's On Christchurch, including:

1. when you are using the What's On Christchurch App:
   1. your location information unless you have disabled this (see clause 2 for more information about this);
   2. information about your mobile device, including your mobile device type and unique device identifier, the version of the operating system you are using (e.g., Android or iOS), IP address, the language setting on your phone and the time zone you are in;
   3. when you last accessed the What's On Christchurch App; and
   4. information relating to your use of the What's On Christchurch App, such as your search queries on the What's On Christchurch App, events you have saved, events you have shared through other apps on your mobile device, the types of events you are interested in, when you last accessed the What's On Christchurch App, the duration of your use of, and the number of times you have used, the What's On Christchurch App; and
2. when you are using the What's On Christchurch Website and/or the Dashboard:
   1. when you last accessed the What's On Christchurch Website or the Dashboard; and
   2. information relating to your use of the What's On Christchurch Website or the Dashboard, such as the duration of your use of, and the number of times you have used the What's On Christchurch Website or the Dashboard.

2.2 If you have allowed the What's On Christchurch App to access your location data, we will collect GPS-level data about your precise location while the What's On Christchurch App is open on your mobile device. We will use this information to show you events which are local to you. If you opt out of sharing your location data with us, you will still be able to use the What's On Christchurch App, however, the events shown to you will not be tailored to your location.

2.3 We will also collect information you give us, for example if you contact us about What's On Christchurch.

2.4 We may also obtain personal information from third parties with your consent, and where permitted by law.

2.5 What's On Christchurch has been developed with the use of third party software products some of which may collect information through your use of What's On Christchurch. This third party software includes:

1. A software development kit (SDK) licensed from OneSignal. The OneSignal SDK enables One Signal to collect or access information about users of What's On Christchurch, including the information described in clauses 1 and 2.2 above. The information collected or accessed by OneSignal and how OneSignal uses and discloses that information is set out in the OneSignal privacy policy(external link) .
2. Google Analytics, a service that provides aggregated reports on website activity. We use Google Analytics to further understand how What's On Christchurch can be improved. Google Analytics relies on the use of cookies. For detail on what information is collected via Google Analytics, and how it is stored and used, see Google’s privacy policy(external link) .
3. OpenStreetMap, a tile service that provides mapping data. We use OpenStreetMap to provide the imagery used in the maps on What's On Christchurch so that you can see events near your location. Open Street Map Foundation’s privacy policy(external link) is available online.
4. Google Firebase, an analytical tool using Google’s Firebase mobile platform, which monitors crashes and performance of the What's On Christchurch App itself (https://firebase.google.com/). The information collected, used or accessed by Firebase is set out in the Firebase privacy policy(external link) .
5. Leaflet, a leading open-source JavaScript library for mobile device-friendly interactive maps. We use Leaflet to code the map feature on What's On Christchurch. Leaflet does not collect information through your use of the app. More information about Leaflet is available online.

2.6 When accessing or using any third party website, such as the OneSignal, Google Firebase, Google, Leaflet and OpenStreetMap websites, your personal information may be collected by those third parties. You should refer to the applicable licence provisions, terms of use and privacy policies of those websites.

3. When we collect personal information

3.1 We collect personal information about you:

1. through your use of the What's On Christchurch App, the What's On Christchurch Website and the Dashboard;
2. when you contact us in relation to your use of What's On Christchurch and/or any related services we provide to you; and
3. when a third party provides personal information to us in accordance with clause 4.

4. How we use personal information

4.1 We use information that we collect about you or that you provide to us in the following ways:

1. to tailor the information you receive through What's On Christchurch to your preferences, including to inform you of, or to remind you about, any events or information which may be of interest to you, including events tailored to you based on your location or your preferences;
2. to process and respond to your enquiries, requests or other communications from you relating to What's On Christchurch;
3. to exercise any of our rights or perform any of our obligations under the Terms of Use;
4. for any specific purpose which we notify you of at the time your personal information is collected or for which we have your consent;
5. to assist us with analysing the use of What's On Christchurch, and further developing and improving What's On Christchurch;
6. to comply with relevant laws; and
7. for our administrative purposes and any other purposes permitted by law.

4.2 We may disclose your personal information:

1. to our agents, service providers (including our hosting providers), third party software providers and any other relevant third parties to the extent necessary to make What's On Christchurch available to you, or in connection with any of the purposes set out in clause 1 above;
2. if we are requested to do so in the course of legal proceedings or other investigations; or
3. with your authorisation or where we are otherwise permitted to do so by applicable law.

4.3 We may aggregate your personal information, in an anonymised form, with any other data and/or into a different format. We may use the aggregated data for analytical and other purposes set out above. Where we have aggregated your personal information with other information or data, we may use the aggregated information or data set in any form and in any manner, except that:

1. we will not publish, disclose or provide the aggregated information in a form where you are specifically identified; and
2. we will ensure that your personal information cannot readily be identified in, or extracted from, any aggregated information or data set which is to be published or disclosed.

5. How we store information

5.1 Your information that is collected and retained by us may be stored by us or by our service providers on our behalf. We have entered into appropriate arrangements requiring our hosting provider to keep the hosted information secure and confidential. Where we store information ourselves, we have implemented reasonable measures designed to keep your information safe and secure.

6. Use of cookies and analytical tools

6.1 We use cookies and analytics tools on What's On Christchurch:

1. for session authentication purposes; and
2. to collect information about how you use What's On Christchurch, such as to store information about your event preferences, and to track clicks (for example when you are refreshing the events list and/or opening the map view).

6.2 A cookie is a small data file that the website or app sends to your mobile device, which the mobile device may store for later retrieval by the website or app.

6.3 Some cookies we use last only for the duration of your mobile app session and expire when you close your browser or exit the app. Other cookies are used to remember you when you return to What's On Christchurch and will last for longer.

6.4 If you reject cookies, you may still use What's On Christchurch, but your ability to use some of its features or functionality may be limited.

7. Contacting us

7.1 You may inquire about, and seek access to, personal information we hold about you that can be readily retrieved by contacting us at privacy@ccc.govt.nz .

7.2 You may request that the personal information we hold about you be corrected by contacting us. If we do not agree to your request for correction, you may then request that we take reasonable steps to attach to the information a statement of the correction sought but not made.

7.3 If you think that we have breached the Privacy Act and have not addressed your concerns to your satisfaction, or if you would like to find out more about our obligations, you can contact the Privacy Commissioner's privacy hotline 0800 803 909.