1. Introduction
1.1 This Online Community is provided by Potentiality Pty Ltd and its group companies (collectively "Potentiality") for the use of King's College Old Collegians' Association Ltd (the "Association"), its members and affiliates.
1.2 These Terms and Conditions of Use (these "Terms") govern your use of this Online Community. By using this Online Community you accept these Terms in full.

2. Unauthorised Registration
2.1 You must not:
(a) impersonate or try to impersonate another person;
(b) disclose your password to anyone else;
(c) allow anyone else to use your account; or
(d) use anyone else's account.

3. Unauthorised Use
3.1 You must not use this Online Community in any manner or for any purpose which constitutes or facilitates Unauthorised Use, and you will indemnify Potentiality and the Association for any losses they sustain as a result.
3.2 Potentiality reserves the right to remove or edit any material that it considers, in its sole discretion, constitutes Unauthorised Use.
3.3 For the purposes of these Terms, "Unauthorised Use" means use of this Online Community that:
(a) is unlawful, false, misleading, a breach of confidentiality or privacy, infringes any intellectual property rights or in any manner violates the rights of Potentiality or any other person;
(b) is inappropriate, offensive, obscene, defamatory, malicious, discriminatory, harasses or is likely to cause distress or inconvenience to any person;
(c) is technically harmful to the Online Community or attempts to circumvent security measures; or
(d) otherwise breaches these Terms.

4. Limitation of Liability
To the fullest extent permitted by law:
(a) all terms, conditions, warranties and representations (whether express or implied) relating to this Online Community and the material contained on this Online Community are excluded; and
(b) all liability and responsibility on the part of Potentiality and/or the Association (and any of their directors, officers, employees, related companies or agents) for any loss or damage that may be incurred by you or any other person, including without limitation any direct, indirect, punitive, consequential or special loss or damage, and whether in tort (including, but not limited to, negligence), contract or otherwise, in connection with use of this Online Community or the material contained on it, or any website linked to this Online Community, is hereby excluded.

5. Online Registers
If your Online Community has a register of members of the Association or the school community generally ("Community Members") that can be accessed by other Community Members (a "Register") then you acknowledge and agree that use of the Register will be subject to the following:
5.1 The role of Potentiality and the Association in providing the Register is solely to act as a facilitator to enable Community Members to pass on their knowledge, expertise and/or services to other Community Members.
5.2 Whilst every effort has been taken to ensure the accuracy of the information provided on the Register (and to correct any errors or omissions within a reasonable period of time after being notified of them), neither Potentiality nor the Association guarantees that the Register will be accurate, complete, reliable, current or error-free.
5.3 Material on the Register may be changed, modified or removed at any time without notice.
5.4 Whilst reasonable endeavours will be made to allow uninterrupted access to the Register, access to the Register may be suspended, restricted or terminated at any time.
5.6 You must keep personal information of all Community Members in the strictest confidence.
5.7 A Community Member may update their details or discontinue their involvement with this Register at any time by emailing the site administrator or info@ptly.com.

6. Copyright
All copyright in this Online Community is owned or licensed by Potentiality, except for your personal information and any other information or content provided by you or the Association.

7. Privacy
7.1 Potentiality complies with all applicable privacy laws and is committed to providing you with the highest level of protection in relation to your personal information. Please refer to our privacy policy for further details.
7.2 You agree to the use of "cookies" on the Online Community as set out in our cookie policy.

8. Miscellaneous
8.1 Potentiality reserves the right to vary these Terms from time to time in order to take account of changes to the Online Community or to law. Such variations will take effect immediately upon the posting of the varied Terms on this Online Community. In continuing to use this Online Community, you will be deemed to accept such variations.
8.2 Potentiality may terminate your access to this Online Community at any time without notice. In the event of termination, you are no longer authorised to access the Online Community, but all restrictions imposed on you and all limitations and indemnities set out in these Terms will survive.
8.3 If any provision of these Terms is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of these Terms shall not be affected.
8.4 These Terms will be governed by and construed in accordance with the law which applies at the principal place of business of the Association, and any disputes relating to these Terms will be subject to the exclusive jurisdiction of the courts in that jurisdiction.

KCOCA Privacy Policy

Purpose

The King's College Old Collegians' Association ("KCOCA", "we", "us", “our”) is committed to respecting your privacy at all times. This Privacy Policy sets out how we collect, use, store and disclose your personal information to ensure we comply with our obligations under the Privacy Act 1993.

As a member of KCOCA or by providing your personal information or using KCOCA's services, you authorise us to collect, hold, use and disclose that information in accordance with, and for the purposes specified in, this Privacy Policy. If you provide information about any other person, then you must have authorisation from that person to provide such information to us.
This Privacy Policy may change at any time and we will tell you about any changes by notifying you and posting an updated policy on our website.

Community Management Software

KCOCA uses third party community management software (called “Potentiality”) to manage its website, database, communications, events and online community.
This Privacy Policy is subject to and should be read in conjunction with the Potentiality Privacy Policy and Potentiality Terms & Conditions and any other terms and conditions you agree to when using or signing up to any of our services.

What information do we collect?

Information collected from your general interactions with us

The personal information we may collect includes:

• your name, contact details, date of birth, or any other personal information you submit to us or as part of your enrolment at King’s College (for example, as part of your enrolment);
• information you submit via the Potentiality portal on our website;
• email communications, and your written and verbal interactions with us (for example, those in response to advertisements within the Courier magazine);
• your use of social media platforms and LinkedIn; and
• any other personal information you submit to KCOCA or Potentiality.

Information collected when you use our website or Potentiality When you visit or use our website or logon to Potentiality, we collect certain personal information. Information regarding your usage of our website or Potentiality is collected to help us improve and offer the services you need each time you visit and to improve our services generally.

How do we collect your information?

Personal information will ordinarily be collected directly when you or your parent or legal guardian enrols you at King's College and you become a member of KCOCA. Personal information will also be collected directly from you when you interact with our website or logon through Potentiality. However, we may also collect personal information from you in other ways such as over the phone, via email or letter, at our various alumni events, via response forms in the King's College Courier or where you otherwise use our services.

Very occasionally we will collect information from you about someone else (for example a family member or legal guardian). If you provide us with personal information about someone else, you must ensure that you are authorised to disclose that personal information to KCOCA and that, without KCOCA taking any further steps required by applicable data protection and privacy laws, KCOCA may collect, use, store and disclose such personal information for the purposes described in this Privacy Policy.

How do we use your information?

We (and any authorised third parties in accordance with this Privacy Policy) may use your personal information for the following reasons:

• to administer the King's Old Collegians' Association for the good of its members;
• to enable us to provide you with alumni services (for example, events and networking opportunities);
• to administer your account with Potentiality;
• to help us develop, improve, manage, administer and facilitate KCOCA's services and operations;
• for internal purposes (such as internal administration and database management);
• as part of the investigation and analysis of incidents, including contact tracing as part of any health-related incident such as a pandemic;
• to contract with authorised individuals;
• comply with all laws and regulations in applicable jurisdictions; and
• communicate with you and our membership (for example via the Courier).

By submitting personal information to the KCOCA and/or Potentiality, you authorise us to collect, hold, use and disclose your personal information in this way and for any other use you authorise. KCOCA will only use your personal information for purposes described in this Privacy Policy, or with your consent.

When would we disclose your information?

Personal information held by the KCOCA, including that stored on Potentiality, will be accessible by authorised KCOCA members or advisors and by authorised employees of King's College.

We will only disclose your personal information if it is necessary and appropriate to facilitate the purpose for which your personal information was collected pursuant to this Privacy Policy, including the provision of KCOCA's services, or a purpose that is directly related to the purpose in connection with which the information was obtained.
We will not otherwise disclose your personal information unless we believe on reasonable grounds that you have provided your authorisation. However, you should be aware that we may be required to disclose your personal information without your consent in order to comply with any court orders, subpoenas or other legal process or investigation including by tax authorities, if such disclosure is required by law. Where possible and appropriate, we will notify you if we are required by law to disclose your personal information.

How do we protect your information?

KCOCA and Potentiality implements and maintains security measures that are designed to provide reasonable protection against the loss, interference or misuse of your personal information and to prevent unauthorised access, modification or disclosure of your personal information.

However, please be aware that communications over the internet, such as emails, are not secure, unless they have been encrypted and we cannot give an absolute assurance that your personal information will be secure at all times.

It is your responsibility to keep your login details, password and security question to Potentiality and our website safe and secure. You should notify us as soon as possible if you become aware of any unauthorised use of your login details or password, and immediately change your login details and password within our website or via the "Forgotten password" process.

Electronic Commercial Communications

We are committed to complying with the Unsolicited Electronic Messages Act 2007. By subscribing to communications or otherwise providing your email address, you consent to receiving communications which may promote and market the KCOCA, or King's College, from time to time.

You can unsubscribe from our communications at any time by clicking the "Unsubscribe" link or by emailing Nicola Davies at N.Davies@kingscollege.school.nz.

Once you have unsubscribed from KCOCA communications, you will be removed from the corresponding list as soon as is reasonably practicable.

Accessing and correcting your information and contacting us

It is your responsibility to ensure that the personal information you enter into our website is accurate, complete and up-to-date. You can request access to, and correction of, your personal information held by us. All requests for access and/or correction will be processed within a reasonable time.

We only keep your personal information for as long as required to provide you with the services you have requested, for the purposes outlined in this Policy, and for any legal purposes for which we are required to keep the information (i.e. audit purposes).

If you have a privacy complaint, would like confirmation that we hold personal information about you, would like to request copies of any of your personal information, or would like further information about our Privacy Policy, please contact the Privacy Officer in the first instance by emailing the Privacy Officer at N.Davies@kingscollege.school.nz, marking the subject heading of your email "For the attention of the Privacy Officer".

If you are not satisfied with how we have dealt with the complaint, you may contact the Privacy Commissioner. Information about making a complaint is available at https://privacy.org.nz/your-rights/making-a-complaint/, or you can telephone the Privacy Commissioner’s office on 0800 803 909.

This represents our Privacy Policy as at 5 August 2020.