Privacy Policy
Contents
BackBone Business Systems Ltd ("BackBone", "we", "us", or "our") respects your privacy and is committed to protecting the personal information you share with us. This Privacy Policy explains how we collect, use, disclose, and protect your personal information when you use our website, services, client portal, and any associated products or software (collectively, the "Services").
By using our Services, you consent to the collection and use of your personal information as described in this policy.
a. Information You Provide Directly
- Contact details: Name, email address, phone number, business name, and postal address.
- Account information: Login credentials, billing details, and profile settings.
- Payment details: Processed securely via third-party payment providers (e.g., Stripe).
- Communications: Emails, messages, support requests, and other communications.
b. Information Collected Automatically
When you use our Services, we may automatically collect:
- Usage data: Pages visited, features used, time spent, and actions taken.
- Device and browser data: IP address, browser type, operating system, and device identifiers.
- Cookies and tracking technologies: To personalise content, improve performance, and analyse usage.
c. Information from Third Parties
We may receive data from trusted partners such as payment processors, marketing platforms, or integration tools to provide and improve our Services.
We use the information we collect to:
- Provide, maintain, and improve our Services
- Process payments and manage subscriptions
- Respond to your inquiries and provide customer support
- Send important notifications, product updates, and security alerts
- Deliver marketing communications (you can opt-out anytime)
- Analyse usage and performance to improve user experience
- Comply with legal obligations and enforce our terms
We process your personal information based on one or more of the following:
- Your consent
- Our contractual obligations to deliver the Services
- Our legitimate interests in operating and improving our business
- Compliance with applicable legal requirements
We may share your information only with:
- Service providers and partners: To help us deliver the Services (e.g., hosting, payment, communication, analytics).
- Business transfers: In the event of a merger, acquisition, or sale of assets.
- Legal requirements: If required by law, court order, or government authority.
All third parties are required to protect your information and use it only for the purposes we specify.
Some of our service providers may store or process data outside of New Zealand. In such cases, we ensure adequate protection measures are in place to comply with the Privacy Act 2020.
We retain personal information only as long as necessary for the purposes outlined in this policy, unless a longer retention period is required by law. When no longer needed, we securely delete or anonymise the information.
Under the Privacy Act 2020, you have the right to:
- Access the personal information we hold about you
- Request correction of any inaccurate or incomplete information
- Withdraw consent to processing (where applicable)
- Request deletion of your personal information (subject to legal obligations)
To exercise these rights, contact us at [email protected]
We implement appropriate technical and organisational measures to protect your information from unauthorised access, use, alteration, or disclosure. However, no method of transmission over the internet is 100% secure.
We use cookies and similar technologies to enhance user experience, improve site performance, and deliver relevant marketing. You can manage cookie preferences in your browser settings.
Our Services may contain links to third-party websites or services. We are not responsible for the content or privacy practices of these third parties. We encourage you to review their privacy policies.
We may update this Privacy Policy from time to time. Any changes will be posted on this page with an updated "Effective Date." Continued use of our Services after changes means you accept the revised policy.
If you have any questions or concerns about this Privacy Policy, please contact us:
Terms & Conditions of Service
Contents
2.1 BackBone grants you a non-exclusive, non-transferable right to access and use the Services during the Subscription Term, subject to these Terms.
2.2 The initial Subscription Term begins on the Service Start Date and continues for twelve (12) months ("Minimum Term").
2.3 After the Minimum Term, this Agreement automatically renews for successive 12-month periods unless either party provides written notice of non-renewal at least thirty (30) days before the end of the then-current term.
3.1 You agree to pay the Subscription Fees as specified in your Order Form or invoice.
3.2 Subscription Fees are payable monthly or annually in advance via direct debit, credit card, or other agreed payment method.
3.3 All fees are quoted and payable in New Zealand Dollars (NZD) and are exclusive of GST unless otherwise stated.
3.4 β Overdue Payments. If any payment is not received by the due date, BackBone may:
- Charge interest at 1.5% per month (or the maximum rate permitted by law)
- Suspend access to the Services until payment is received in full
- Engage debt collection services, with associated costs added to the outstanding balance
- Terminate this Agreement in accordance with Section 5
3.5 You are responsible for ensuring your payment method remains valid and has sufficient funds.
4.1 The Early Termination Fee of $300.00 NZD is a genuine pre-estimate of BackBone's losses, including setup costs, onboarding time, system configuration, administrative costs, and loss of anticipated revenue.
4.2 The Early Termination Fee must be paid in full before termination becomes effective.
4.3 After the Minimum Term, either party may terminate by providing thirty (30) days written notice β no fee applies.
4.4 β Exemptions. The fee is NOT payable if:
- BackBone commits a material breach that remains uncured for thirty (30) days after written notice
- BackBone ceases to operate or becomes insolvent
- You have permanent medical incapacity preventing you from operating your business (medical certificate required)
- You terminate within thirty (30) days of receiving notice of a fee increase (per Section 13.3)
5.1 BackBone may terminate immediately by written notice if:
- You fail to pay any amount due within fourteen (14) days of the due date
- You breach any material term and fail to remedy it within fourteen (14) days of written notice
- You use the Services for any illegal, fraudulent, or unauthorised purpose
- Your actions threaten the security, integrity, or availability of the Services
5.2 If BackBone terminates due to your breach, you remain liable for all outstanding fees and the Early Termination Fee where applicable.
You agree to:
- Use the Services only for lawful business purposes
- Not share login credentials with unauthorised users
- Maintain the confidentiality of account passwords and access credentials
- Not attempt to reverse engineer, decompile, or access the source code of the Services
- Not use the Services in any manner that could damage, disable, or impair BackBone's systems
- Comply with all applicable laws and regulations in connection with your use of the Services
7.1 You retain all ownership rights to your business data entered into the Services ("Client Data").
7.2 BackBone will handle Client Data in accordance with the Privacy Act 2020 and our Privacy Policy.
7.3 You grant BackBone a limited licence to use, store, and process Client Data solely for the purpose of providing the Services.
7.4 Upon termination, you may request an export of your Client Data within thirty (30) days. After this period, BackBone may delete Client Data in accordance with its data retention policies.
7.5 BackBone implements commercially reasonable security measures to protect Client Data but cannot guarantee absolute security.
8.1 β Non-Disclosure Obligation. BackBone acknowledges that in the course of providing the Services, it will have access to your confidential business information, including customer and lead data, contact lists, business strategies, pricing, and operational processes ("Confidential Information"). BackBone agrees to treat all such information as strictly confidential.
8.2 β No Sale of Leads. BackBone will not, under any circumstances, sell, transfer, licence, or otherwise disclose your lead data or customer contact information to any third party β including other clients, marketers, data brokers, or affiliates. This obligation survives termination of this Agreement indefinitely.
8.3 β Permitted Use Only. Confidential Information accessed by BackBone will be used solely for delivering the Services to you. Access will be limited to BackBone personnel who require it to perform their duties.
8.4 β Mutual Obligation. You similarly agree not to disclose BackBone's proprietary systems, workflows, processes, or pricing structures to third parties without prior written consent.
8.5 β Exceptions. Confidentiality obligations do not apply to information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was already known to the receiving party prior to disclosure; or (c) is required to be disclosed by law or court order, provided the disclosing party is notified promptly.
8.6 β Survival. The obligations under this Section 8 survive termination or expiry of this Agreement for a period of five (5) years.
9.1 BackBone retains all ownership rights, title, and interest in and to the Services, including all related intellectual property rights.
9.2 This Agreement does not transfer any ownership rights to you. You receive only a limited licence to use the Services as set forth herein.
9.3 You may not copy, modify, distribute, sell, or lease any part of the Services.
10.1 BackBone warrants that the Services will be provided with reasonable skill and care.
10.2 BackBone aims to provide 99% uptime but does not guarantee uninterrupted or error-free service.
10.3 Except as expressly set out in this Agreement, BackBone provides the Services "as is" and makes no other warranties, express or implied, including implied warranties of merchantability or fitness for a particular purpose.
11.1 β To the maximum extent permitted by law:
- BackBone will not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, revenue, or business opportunity.
- BackBone's total aggregate liability shall not exceed the total fees paid by you in the twelve (12) months immediately preceding the claim.
- BackBone is not liable for loss or damage caused by your failure to comply with this Agreement, misuse of the Services, or factors beyond BackBone's reasonable control.
11.2 Nothing in this Agreement excludes or limits BackBone's liability for fraud, gross negligence, or liability that cannot be excluded under New Zealand law.
12.1 BackBone will provide reasonable technical support during New Zealand business hours (MondayβFriday, 9:00 AM β 5:00 PM NZST).
12.2 Support requests should be submitted via email at [email protected] or through the support portal.
12.3 BackBone may perform scheduled maintenance with reasonable notice. Emergency maintenance may be performed with minimal notice.
13.1 BackBone may modify, update, or discontinue features of the Services at any time, provided such changes do not materially reduce the overall functionality of the Services.
13.2 BackBone may increase Subscription Fees upon renewal by providing at least sixty (60) days written notice.
13.3 If you do not agree to a fee increase, you may terminate within thirty (30) days of receiving notice β without incurring the Early Termination Fee.
14.1 Governing Law. This Agreement is governed by the laws of New Zealand.
14.2 Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements or understandings.
14.3 Amendments. BackBone may amend these Terms by providing thirty (30) days written notice. Continued use of the Services constitutes acceptance of the amendments.
14.4 Severability. If any provision is found invalid or unenforceable, the remaining provisions remain in full force and effect.
14.5 Assignment. You may not assign or transfer this Agreement without BackBone's prior written consent. BackBone may assign this Agreement to any successor or affiliate.
14.6 Notices. All notices must be in writing and sent to the contact details provided by each party.
14.7 Force Majeure. Neither party will be liable for delays or failures in performance resulting from causes beyond their reasonable control.
15.1 BackBone acknowledges that this Agreement is subject to the Fair Trading Act 1986 and the Consumer Guarantees Act 1993 where applicable.
15.2 Nothing in this Agreement is intended to exclude, restrict, or modify any consumer rights or remedies that cannot be excluded under New Zealand law.
