For the purposes of these Terms and Conditions, references to "we", "our", "us" and “the company” are to The Thinking Studio Ltd (trading as Yabble) and their partner agencies and clients.

Participation in our research, surveys, panels (including, but not limited to any panel we run on behalf of / in partnership with a client) signals your agreement to be bound by these Terms and Conditions.

If you do not agree with the terms and conditions outlined on this website, please do not sign up to any panel run by us or agree to be contacted by us or our clients to participate in any research activity.

We reserve the right to vary these Terms and Conditions by providing 30 days’ notice on this website. You should check these Terms and Conditions regularly for notice of any changes.

You warrant that:

• You have provided accurate and current personal information. You agree to update your personal information when necessary and to ensure that it is current at all times;
• You will only undertake surveys that are sent to you and are in your own name;
• You will not forward any emails or survey links you receive to any third party unless invited to do so by us at the time the email or link is sent to you;
• You will not respond to a survey more than once;
• You are aged 15 or over or, if you are under 15, you have the permission of your parents or guardian to be a member of any panel and to participate in surveys; and
• You are not a competitor of us or our clients, joining up for the purpose of understanding our activity for competitive advantage.

You acknowledge and accept that:

• We reserve the right to suspend or terminate your membership to any of our panels or client panels without warning at any time for any reason;
• If we suspend or cancel your membership your entries into any undrawn prize draws and points you have accumulated will be immediately void; and
• If you cancel your membership any entries you have to undrawn prize draws or points collected towards any vouchers are void.

PRIZES AND REWARDS

We may, from time to time, offer participants the chance to win prizes and/or the opportunity to redeem rewards on such terms and conditions as specified.

Unless otherwise specified in the particular terms and conditions for the offer and subject to compliance with applicable laws and regulations, the following general terms and conditions will apply:

• The Promoter is The Thinking Studio Limited (trading as Yabble).
• Only one entry per person will be permitted;
• The winner(s) will be randomly selected at the relevant prize draw date from all eligible entries received;
• Each winner will be notified using the email address recorded in our membership records;
• Each winner must claim their prize and (if applicable) provide their delivery details within two weeks of notification by us. If a winner does not respond within this period, they will be deemed to have forfeited their prize and another winner will be drawn from all remaining eligible entries received;
• Our decision is final and no discussion or correspondence will be entered into;
• Prizes and rewards are as stated, cannot be exchanged or redeemed for cash and (if applicable) must be redeemed in full by the specified date;
• We reserve the right to withdraw and replace any prize or reward with an item or items of approximate value should the original prize or reward not be available for any reason;
• Participation in a promotion and/or acceptance of a prize or reward confirms acceptance to participate in any reasonable publicity or advertising of the company;
• Participation in a promotion implies full acceptance of these general terms and conditions and any additional applicable terms relating to the promotion;
• Failure to observe any of these general terms and conditions and any additional applicable terms relating to the promotion may result in disqualification from a promotion;
• To the extent permitted by law, we nor any other person or party associated with a promotion will be liable to any person for (a) any loss, damage or personal injury suffered in connection with participation in that promotion; (b) any unforeseen telecommunications or system failure; (c) any change to or cancellation of any part of a prize or reward beyond our control; or (d) any inability of the winner to redeem a prize or reward (in whole or in part) for whatever reason; and
• To the extent permitted by law and any applicable regulatory approvals, we reserve the right to change a prize draw time, delay the start of a promotion, extend or cancel a promotion or alter any of the applicable terms and conditions without notice.

General Terms and Conditions That Apply to Prize Draws

All prize draws will take place within one month of the close of the activity or other stated prize period and the winner(s) will be notified using the email address in their membership records.

Winners have two weeks to respond to the email to confirm that they wish to accept the prize and to provide their delivery details. If a winner does not respond within two weeks of the email, their prize is automatically forfeited and a second prize winner will be drawn. The same rule applies for any second or subsequent winner drawn.

We will not enter into any dialogue with anyone who has not responded within two weeks, no matter what the reason for any delay, including but not limited to if the person’s email is not working, has changed or if they are not clearing their email for some reason etc.

Our decision is final and no correspondence will be entered into.

The prizes are as stated in the activity invitation emails and cannot be exchanged for cash.

We are not liable for any costs, expenses or liability incurred by the prize winner with respect to the prize.

Completion of any activity for which a prize is offered is acceptance of these terms and conditions.

We reserve the right to alter the structure of prize rewards at any time.

VOUCHER REWARDS or POINTS

As well as prize draws, we may also offer you, in exchange for participation in some of our activities, the ability to earn Yabble points (“Points”). Points can be used towards vouchers.

The amount of Points that you earn from any activity will also be stated in the activity invitation email and when you complete this survey within the stipulated timeframe, the amount of the points will be added to your Points total.

Yabble points can be redeemed online by logging in at yabblezone.com.

Points can only be used towards vouchers and cannot be exchanged or redeemed for cash.

You need to accumulate a minimum of 1000 Points before you are able to redeem them for vouchers.

Any vouchers that need to be mailed to you, will be done within 28 days of us receiving your request.

Your Points will remain valid for redemption for a maximum of 24 months, from the date at which you earn them by completing the specific research activity. At the end of the 24 months the Points will automatically expire. In the General Terms and Conditions of membership, we reserve the right to cancel your membership at our discretion. If this occurs, the amount in your Points total may be voided or transferred to a registered charity at our discretion.

Protecting your personal information is important to us. So is following applicable privacy laws. This Privacy Policy tells you how we will protect your privacy and collect and use your personal information (any reference to “we”, “us” or “our” is to The Thinking Studio Limited (t/a Yabble) and Yabble’s related companies.

Any information that you share with Yabble about yourself or another individual is “personal information” (Personal Information). Yabble is committed to protecting your personal information and complying with our obligations under privacy laws.

To that end, we will protect your privacy and only collect, use, disclose and store your Personal Information in accordance with this Privacy Policy and the applicable privacy laws.

This Privacy Policy applies to anyone in New Zealand who uses our websites (yabble.com, yabblezone.com or other website operated by us) or the Yabble Platform (together the Websites), registers to use our Websites or otherwise interacts with us. This Privacy Policy should be read in conjunction with the Terms and Conditions applicable to the services you access or use. By using our Websites or any of our services or interacting with us, you consent to the terms of this Privacy Policy.

YOUR RIGHTS

We’ll only use your Personal Information for the reasons that we collected it, and in accordance with this Privacy Policy. If we don’t need your Personal Information anymore for those reasons, then we’ll stop using it.

If you don’t agree with our Privacy Policy or don’t want us to collect your Personal Information, then you shouldn’t use our Websites, and shouldn’t interact with us. If you change your mind later and no longer agree with our Privacy Policy, then you should immediately stop using our Websites, and not interact with us.

If you don’t agree to Yabble collecting and using your Personal Information, then you may not be able to use our Websites or our Services.

Yabble may keep your Personal Information so long as it is required for the purposes for which the Personal Information was collected or as required by law.

PERSONAL INFORMATION WE COLLECT ABOUT YOU

At Yabble, the types of Personal Information we may collect about you include:

• Your name, contact details and residential address.
• Your date of birth, gender, ethnicity.
• Your service and product preferences.
• If you are a Yabbler, your feedback, survey results and ideas.
• Your account history with us, including, if you are a Yabbler, your activities as a Yabbler and the rewards you have redeemed.
• Information about the webpages you visit on our Websites.
• Any other information you give us.

Please don’t give us Personal Information about someone else unless you have their express permission to do so and you direct them to this Privacy Policy. It is best that any Personal Information about another person is directly provided to us by the person concerned.

HOW WE COLLECT YOUR PERSONAL INFORMATION

There are 4 main ways that Yabble collect your Personal Information:

• From you directly: Personal Information you provide to us directly when you apply to use Yabble’s services, or when you interact with us, including, if applicable, when you become a Yabbler and when you collaborate with us.
• From you indirectly: Personal Information we collect from you when you visit or use our Websites or interact with us on social media and other platforms, including, if you are a Yabbler, when you post and share your ideas.
• From third parties: Personal Information collected and disclosed to us by our contractors and agents whom we engage to perform services on our behalf, and our customers when they use Yabble’s services.
• From publicly available sources: From places where the information is publicly available.

HOW WE USE AND SHARE YOUR INFORMATION

Yabble will collect, use and disclose your Personal Information for a range of purposes in connection with the operation of the Websites and Yabble’s business functions and activities, including the following:

• Applying to use our Products and Services: To determine whether your application to use our products or services is successful and/or whether you qualify to become a Yabbler (as applicable).
• Administrating your Yabble account: To administer your account, to verify your identify when you login into your account and, if you are a Yabbler, to record and administer your activities and transaction history as a Yabbler, to manage and allocate Yabble points to you, to enable you to redeem your Yabble points for rewards.
• Market research: To carry out market research on various products and services on behalf of our customers, including sending you targeted research projects, surveys and competitions for you to participate in, and analysing that information for our customers’ business purposes.
• Communicate with you: To communicate with you about our Websites, market research projects, your Yabble account and any queries you may have from time to time about Yabble and our Websites.
• Record keeping purposes: For our internal record keeping purposes, including for the maintenance of our data security.
• Business sale: To facilitate the sale or other disposition of our business or assets.
• Legal compliance: To comply with our legal obligations.
• Other purposes: For any other purposes that you authorise. (together, the Purpose).

We may disclose your Personal Information to the following third parties in connection with the Purpose:

• Yabble’s service providers, suppliers, employees, contractors, agents and professional advisors.
• Yabble’s related entities, affiliates and strategic and business partners.
• Yabble’s customers.
• Any other third party that you authorise.

AGGREGATE INFORMATION

From time to time, Yabble may aggregate results of our market research for analysis and statistical purposes. This may involve “de-identifying” or anonymising your Personal Information. Aggregate information may be shared with third parties and used in connection with the Purpose. Once we de-identify or anonymise your Personal Information, the information can no longer be linked to you and will not be your Personal Information.

HOW WE SAFEGUARD YOUR PERSONAL INFORMATION OUTSIDE NEW ZEALAND

From time to time, we may disclose your Personal Information to third parties located outside New Zealand in connection with the Purpose. We make sure that the overseas third party is:

• a participant in a prescribed binding scheme for international disclosures of personal information; and/or
• is located in a country that provides comparable safeguards to New Zealand’s privacy laws.

If not, then we will take reasonable steps to ensure that the overseas third party is required to protect your Personal Information in a way that, overall, provides comparable safeguards to those required under the applicable privacy laws. Examples of these steps include a written agreement between us and third party or making reasonable enquiries regarding data protection standards of the country in which the overseas third party is located.

COOKIES

Cookies are small text files placed on your computer, mobile phone, tablet, or other electronic device to store data that can be recalled by a web server in the domain that placed the cookie. This data often consists of a string of numbers and letters that uniquely identifies your device, but it can contain other information as well. Some cookies are placed by third parties acting on our behalf. We may use cookies and similar technologies to store and honour your preferences and settings, enable you to sign-in, provide interest-based advertising, analyse how our Websites perform, and fulfil other business functions or operations set out in this Privacy Policy.

To enable some of the features and functionality on our Websites, you may need to permit us to place cookies on your device. You can remove or block cookies by using the settings in your browser, but it may affect your ability to use our Websites.

E-COMMUNICATIONS

You consent to receiving information from us about Yabble and the products and services we offer via email, text message and social media. If you want us to stop sending you electronic communications, then you can simply unsubscribe at any time by following the instructions included in the electronic communication.

HOW WE PROTECT YOUR PERSONAL INFORMATION

We have reasonable protections in place against unauthorised access, use, modification, disclosure and loss of your Personal Information.

REQUEST ACCESS OR CORRECTION TO YOUR PERSONAL INFORMATION

You’re allowed to see what Personal Information Yabble holds about you, and you can ask us to correct it if you think it’s wrong. If there is a legal reason why we can’t let you see it, or if we don’t agree with your correction, then we’ll tell you.

PRIVACY COMPLAINTS

If you think that we haven’t properly protected your privacy, you can tell our Privacy Officer (Rachel O’Shea), or complain to the New Zealand Privacy Commissioner.

If you have any questions about this Privacy Policy, you can contact our Privacy Officer at hello@yabble.com.

PRIVACY POLICY CHANGES

We may from time to time change our Privacy Policy. These changes may reflect, among other things, changes in laws, our data collection practices, and/or changes to our business or Website functionality. We will post any updated policies on our Website. The updated Privacy Policy will take effect 14 days after the date it is posted.

If you continue to visit our Websites or use our products and services, continue to be a Yabbler or continue to interact with us after the updated Privacy Policy comes into effect, then this will indicate that you have agreed to our changes.

We encourage you to review our Privacy Policy periodically for any changes.