Privacy PolicyPrivacy Policy

1. About this Privacy Policy

1.1 This privacy policy sets out how TOC Community Limited trading as The Others Club™ (we, us, our) collect, use, store and disclose your Personal Information when you use our online subscription-based social platform (Platform). We are committed to complying with applicable privacy laws in relevant jurisdictions.

1.2 By accessing, registering to use, and/or using the Platform, or otherwise providing Personal Information to us, you consent to the collection and use of such information by us and our agents, in accordance with this privacy policy.

1.3 We process your Personal Information on different lawful bases depending on the purpose. For account administration and providing Platform services, we process your information as necessary for the performance of our contract with you. For ensuring Platform safety, enforcing Community Rules, and preventing misuse, we rely on our legitimate interests in maintaining a safe community. For marketing communications (including promotional emails and special offers), we rely on your consent, which you may withdraw at any time. Where we rely on legitimate interests, we have assessed that our interests do not override your rights and freedoms.

2. Definitions

2.1 In this privacy policy:

Member means an individual who has registered an account on the Platform and has a Membership.

Membership means a paid subscription giving access to the Platform.

Personal Information means information about an identifiable individual, such as names, email address, address, telephone number, financial information, and similar details, or as defined by relevant privacy laws.

User Content means text, image, audio, video, link, file or other material that is posted, uploaded, transmitted or otherwise made available by a Member on or through the Platform.

3. Personal information we collect

3.1 We collect information you provide us through use of the Platform, including your name, email, your confirmation that you are at least 18 years old (required to use the Platform), profile details, location, messages, interactions with other members of the Platform, User Content uploaded by you, as well as device and usage data.

3.2 If you do not provide your name, location and email address, you will not be able to use the Platform.

3.3 Where you provide us with Personal Information regarding any other individual, you confirm that such individual has authorised you to provide this Personal Information to us for the purposes set out in this privacy policy.

3.4 It is your responsibility to ensure that the Personal Information you provide to us is accurate, complete and up to date.

4. Payment data

4.1 All payments relating to the Platform are processed by Stripe, Inc. Payment information and data is not stored by us directly and is handled by Stripe, Inc.

4.2 You can access Stripe, Inc.’s privacy policy here: https://stripe.com/nz/privacy.

5. Why we collect Personal Information

5.1 Personal Information submitted to us via the Platform will be to operate the platform, manage accounts, facilitate member interactions, process payments, improve services, ensure community safety, in addition to any other purposes specified in this privacy policy.

5.2 We may use or disclose your Personal Information:

(a) for the purpose for which it was collected, including granting you access to the Platform, matching you with relevant members of the Platform, directing you to relevant forums and areas on the Platform, creating forums on the Platform based on location, coordination of events, creating and maintaining your user profile on the Platform and recommending you to other Members, and displaying User Content uploaded by you;

(b) to communicate with you (including through your interaction with our team by telephone, email, or messages via the Platform);

(c) to send you promotions or special offers from us that we think you may be interested in, including commercial electronic messages such as text messages and emails, including follow-up communications to email addresses provided during sign-up processes that were not ultimately completed (we rely on our legitimate interest in completing the registration process for such communications; and you may opt out of receiving such communications at any time by contacting us, using the unsubscribe facility in our messages, or by notifying us at support@theothersclub.com);

(d) for related purposes for which you would reasonably expect us to use or disclose the information;

(e) where you have consented to us using or disclosing the information;

(f) where we are required or otherwise permitted to do so by law;

(g) to third parties that we engage to perform services on our behalf or assist us in providing our services to you, for example third party service providers who provide hosting, maintenance, backup, storage, infrastructure, analysis, marketing, delivery and other services for us; and

(h) in connection with any merger, acquisition, sale of assets, joint venture, or other business transaction involving all or part of our business.

6. Use of Personal Information by third parties

6.1 If a third party service provider needs to access your Personal Information to perform services on our behalf, they do so under instruction from us and only use your Personal Information as required to perform their function (and not for other purposes) and do so in accordance with applicable privacy laws.

6.2 Our key third party service providers, their roles and the safeguards we apply are as follows:

(a) Prompt6 (platform development and maintenance): Prompt6 provides technical development and maintenance services for the Platform;

(b) Stripe, Inc. (payment processing): Stripe processes all payment transactions for Memberships. Stripe is certified to PCI DSS Level 1 and processes data in accordance with its own privacy policy (available at https://stripe.com/nz/privacy);

(c) Overseas contractors: We may engage contractors located outside New Zealand to assist with Platform operations and development. Where such contractors have access to Personal Information, we ensure appropriate contractual protections are in place (see clause 9 regarding international transfers).

7. Storage and security of Personal Information

7.1 We will take reasonable steps to ensure that the Personal Information we collect, use or disclose is accurate, complete, up-to-date and stored in a secure environment protected from unauthorised access, modification or disclosure. Your data is stored on AWS servers located in Sydney with encryption at rest and in transit. Of course, data transmission over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.

7.2 In the event we become aware that Personal Information has been lost or subject to unauthorised access, misuse, interference, or disclosure, we will take steps to contain and rectify the data breach as soon as practicable, prevent reoccurrence, and comply with any applicable notification obligations.

8. Your rights to request access or correction

8.1 You may request access to the Personal Information we hold about you, or request that we update or correct any Personal Information we hold about you, by setting out your request in writing and sending it to us at the contact details below.

9. International transfers

9.1 So that we can provide you with our services, your Personal Information may be shared, transferred, disclosed and/or stored in countries other than New Zealand (the country in which we are incorporated) and also outside of the country where you are located. We will take reasonable steps to ensure that any overseas recipient handles your Personal Information in a manner consistent with this privacy policy.

9.2 There may be differences between your country’s privacy laws and those of the locations in which your Personal Information (and other data we collect) is located. However, your Personal Information will only be provided by us to recipients outside New Zealand if we have reasonable grounds to believe that:

(a) the recipient is subject to New Zealand privacy laws;

(b) the recipient is subject to privacy laws in their country that offer similar protections to those under New Zealand privacy laws;

(c) the recipient agrees contractually to protect the information in a way that provides similar protections to those under New Zealand privacy laws; or

(d) we have your permission.

10. Cookies and tracking

10.1 Cookies are small text files placed on your device to collect standard Internet log information and visitor behaviour information. Cookies do not collect any identifiable information about you but will identify your device.

10.2 We only use strictly necessary cookies which are required to maintain the security of our Platform and your account, prevent crashes, fix bugs, save your preferences, and assist with basic Platform functions (these do not require consent).

10.3 You can disable cookies by setting your browser to not accept them. If you disable cookies, you may not be able to use all of the features of the Platform.

11. Data retention

11.1 We only keep your Personal Information for as long as we reasonably require it for the purposes for which it was collected, or as otherwise required or permitted by law.

11.2 If your Membership lapses or you chose to cancel it, but you have not deleted your Platform account, your Personal Information and User Content will be retained should you chose to re-activate your Membership at any time.

11.3 If you choose to terminate your Membership, as well as your entire account, in accordance with the Terms and Conditions of using the Platform, your Personal Information will be permanently deleted after 30 days, except that any User Content forming part of your Personal Information will instead be retained and anonymised so that it can no longer identify you.

12. Community visibility and moderation

12.1 Members may upload User Content to the Platform. User Content is visible only to paying Members who have access to the specific forum to which the User Content is uploaded. User Content is not accessible to the general public or to non-Members.

12.2 If we receive a complaint regarding any User Content or become aware of safety concerns or potential breaches of our Community Rules, we reserve the right to cooperate with, disclose Personal Information to, and assist law enforcement, regulators and any other competent authority.

12.3 On cancellation of your Membership, your User Content will no longer be visible to other Members. For information on how long we retain User Content following cancellation, please refer to clause 11.

13. Age restriction

The Platform is intended for users aged 18 and over. Members are required to confirm they are 18 years or over when signing up for the Platform. We do not knowingly collect data from minors.

14. Changes to this policy

We may update this policy from time to time. We will provide at least thirty (30) days’ written notice of any material changes by email or notification through the Platform before the changes take effect. Continued use of the Platform after the effective date of the changes is viewed as acceptance of the updated policy. If you do not agree with the changes, you may cancel your Membership in accordance with the Terms.

15. Contact us

If you have any questions or concerns about this privacy policy, the use or collection of your Personal Information, or would like to request access or correction of your Personal Information held by us, please contact us:

Email: support@theothersclub.com
Postal address: 359 Lincoln Road, Addington, Christchurch, 8024, New Zealand

16. Privacy Commissioner / supervisory authority

If you are not satisfied with our response to any privacy related concern you may have, you can contact the relevant supervisory authority:

• New Zealand: Office of the Privacy Commissioner, PO Box 10-094, Wellington 6143. Enquiries Line: 0800 803 909. Website: www.privacy.org.nz

• United Kingdom: Information Commissioner’s Office (ICO), Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF. Telephone: 0303 123 1113. Website: www.ico.org.uk

• European Union: You may also lodge a complaint with the supervisory authority in the EU Member State of your habitual residence, place of work, or the place of the alleged infringement. A list of EU supervisory authorities is available at: https://edpb.europa.eu/about-edpb/about-edpb/members_en

17. Additional rights for UK and EU Members

17.1 Scope: This clause 17 applies to Members located in the United Kingdom or European Economic Area (EEA). Where the UK General Data Protection Regulation (UK GDPR) and/or the EU General Data Protection Regulation (EU GDPR) applies to our processing of your Personal Information, the following additional information and rights apply.

17.2 Data Controller: The data controller responsible for your Personal Information is TOC Community Limited, 359 Lincoln Road, Addington, Christchurch, 8024, New Zealand (email: support@theothersclub.com).

17.3 Lawful bases for processing: Under Article 6 UK GDPR, we rely on the following lawful bases for processing your Personal Information:

(a) Contract performance (Article 6(1)(b)): Processing necessary for the performance of our contract with you, including creating and maintaining your account, providing access to the Platform, facilitating Member interactions, and processing payments;

(b) Legitimate interests (Article 6(1)(f)): Processing necessary for the purposes of our legitimate interests (or those of a third party), provided your interests, rights and freedoms do not override those interests. Our legitimate interests include: maintaining Platform safety and security, enforcing Community Rules, preventing fraud and misuse, improving our services, and communicating with you about your account; and

(c) Consent (Article 6(1)(a)): Where we send you marketing communications or promotional materials, we do so on the basis of your consent. You may withdraw your consent at any time by using the unsubscribe facility in our messages or by contacting us at support@theothersclub.com.

17.4 Your rights under UK GDPR / EU GDPR: In addition to the rights set out in clause 8 above, UK and EU Members have the right to: request information about the lawful basis for processing; withdraw consent where processing is based on consent; and lodge a complaint with a supervisory authority (see clause 16 above).

17.5 UK or EEA: Where we transfer Personal Information from the UK or EEA to countries outside those jurisdictions (including to New Zealand), we ensure appropriate safeguards are in place. These may include:

(a) transfers to countries that have received an adequacy decision from the UK Secretary of State or the European Commission (New Zealand has received an adequacy decision from the European Commission);

(b) the use of Standard Contractual Clauses (SCCs) approved by the UK ICO or European Commission; or

(c) other appropriate safeguards as permitted under the UK GDPR or EU GDPR.

17.6 Breach notification: Where we are subject to the UK GDPR, we will notify the Information Commissioner’s Office (ICO) within 72 hours of becoming aware of a personal data breach in accordance with Article 33 UK GDPR, unless the breach is unlikely to result in a risk to your rights and freedoms. Where a breach is likely to result in a high risk to your rights and freedoms, we will notify affected Members without undue delay.