Membership Terms & Conditions

Background

1. Tennis New Zealand (TNZ) provides access to a number of Online Systems for the benefit of tennis players, tennis fans, and other tennis stakeholders. These Online Systems are generally operated by TNZ on servers in New Zealand, but may be operated by third parties contracted by TNZ from time to time, using servers both in New Zealand and overseas.

2. Your Use of Online Systems Provided by TNZ is Subject To These Conditions

Conduct

3. TNZ wants everyone who uses the Online Systems to have a safe and enjoyable experience and TNZ needs your help to ensure this is the case. As such, in using the Online Systems you agree that you will not:

a. post content that is: i. hate speech or racially offensive; ii. threatening; iii. pornographic, profane, or contains nudity or graphic or gratuitous violence; iv. is likely to or intended to incite violence;

b. use an Online System for any improper or unlawful purpose, including: i. stalking, harassing, bullying, or discriminating against other users; ii. misleading or deceptive conduct, defamation, libel, or a breach of confidence.

c. impersonate any other person or entity while using the Online Systems;

d. upload viruses or other malicious code designed to damage the Online Systems;

e. do anything that could disable, overburden, or impair the proper working or appearance of an Online System;

f. copy or reverse-engineer any Online System;

g. collect content from any Online System using automated means (such as harvesting bots, robots, spiders, or scrapers); or

h. post unauthorised commercial communications (such as ‘spam’ or advertisements) on Online Systems.

4. TNZ may delete any content from any Online System at any time (in its sole and absolute discretion).

Intellectual Property

5. Copyright in all components of the Online Systems is owned or licensed by TNZ unless otherwise indicated.

6. You must not copy, modify, or transmit any material from the Online Systems without TNZ’s consent. In particular, you must not incorporate any material from any part of an Online System in any commercial work or publication, and no material from an Online System may be distributed or copied for any commercial purpose. You may save, print, copy, or reproduce material from the Online Systems solely for your personal (non-commercial) education or information.

7. The Online Systems contain trade marks which may be registered or otherwise protected by law. These include the TNZ logo and the logos of tennis tournaments. You are not permitted to copy or use these trade marks.

8. Where you are invited to submit any contribution to an Online System (including text, photographs, graphics, video, or audio) you agree, by submitting your contribution, to:

a. warrant to TNZ that your contribution is your own original work, it is not defamatory, it does not infringe any law, and that you have the right to make it available to TNZ; and

b. grant TNZ a perpetual, royalty-free, non-exclusive, sub-licensable right and licence to use, reproduce, modify, distribute, and exercise all copyright and publicity rights with respect to your contribution worldwide. If you do not want to grant to TNZ the rights set out above, you should not submit your contribution to any Online System.

9. You are not permitted to publish links to Online Systems on your own websites or systems without TNZ’s express permission.

Personal Information

10. TNZ respects your privacy. The personal information you submit while using an Online System will be collected, used, and disclosed in accordance with any privacy statement disclosed to you and the Tennis Privacy Policy (http://www.tennis.kiwi/privacy), which contains information about how you may access and seek correction of your personal information, how you can complain about a breach of your privacy, and how the complaint will be dealt with.

11. In certain limited situations, the information that you submit while using an Online System may be made publicly available in accordance with the Tennis Privacy Policy. For example:

a. if you are a coach member of TNZ, your business and contact details may be advertised to prospective participants at www.tennis.kiwi; or

b. if you are a tennis player with TNZ, your name, age/year of birth, or location may appear on tennis rankings, tournament schedules, competition schedules, and results pages.

12. It is your responsibility to keep your personal details, including contact information, accurate and up-to-date so TNZ can most effectively communicate with you and operate the Online Systems for your benefit.

Anti-Spam Notice

13. You must not use any personal information (including, but not limited to names, locations, and any email addresses) that appears on an Online System to infer consent to the receipt of unsolicited commercial electronic messages or other communications from you or other third parties. Without limiting the foregoing, the personal information (including, but not limited to, email addresses) of any TNZ personnel or any personnel of a Tennis New Zealand Affiliated Organisation must not be used by you to send unsolicited commercial electronic messages.

Sign-on Credentials

14. You may be required to register or sign-on as a user to access certain areas of the Online Systems. You may need to provide an ID, username, password, or other sign-on credentials and when doing so, you must ensure that you keep your sign-on credentials secret and that you do not disclose them to anyone – as you are responsible for all activities undertaken under your sign-on credentials.

15. It is your responsibility to notify TNZ immediately of any unauthorised use of your sign-on credentials as soon as you become aware of it.

16. You must not transfer your sign-on credentials to anyone without first obtaining TNZ’s permission.

17. TNZ may merge your records if you have duplicate or superfluous sign-on credentials or other records on Online Systems.

18. If you are under 18 years old, you should obtain the consent of your parent or guardian before using or registering for an Online System.

Administrators

19. Some components of Online Systems are only available to TNZ personnel, Tennis New Zealand Affiliated Organisations’ personnel, or particular groups of TNZ stakeholders (coaches, officials, schools). Certain persons are granted the ability to administer elements of Online Systems. If you are an administrator of an Online System, your role is to:

a. ensure that the information you record in an Online System is accurate and complete;

b. update information in Online Systems as and when you become aware that the information is out-of-date;

c. maintain the security of your administrator sign-on credentials;

d. comply with all aspects of these Conditions; and

e. if you are recording personal information in an Online System, ensure:

i. the relevant individual is notified that his/her personal information will be used in accordance with the Tennis Privacy Policy; and

ii. only use personal information in the Online System for the purpose it was provided (tennis activities and not for any other purpose).

No Liability for Content

20. TNZ may update any content on any Online System from time to time, without notice.

21. The Online Systems contain links to other websites or systems including social media channels. TNZ provides these links as a courtesy and ready reference for engaging in tennis and not as an endorsement of any website or system, its operator, or any goods or services promoted. TNZ is not responsible for, and will not be liable in respect of, the content or operation of any other websites or system.

22. Subject to any applicable law which cannot be excluded (including the New Zealand Consumer Guarantees Act 1993):

a. you use the Online Systems at your own risk;

b. TNZ provides you with access to the Online Systems without any express or implied warranties, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement;

c. TNZ does not guarantee, or make any representations or warranties that the Online Systems will be always safe, secure, complete, available, and free of errors;

d. TNZ excludes all warranties, whether express or implied, in relation to the Online System and any goods or services accessible or promoted via the Online Systems.

23. To the extent permitted by law (including the New Zealand Consumer Guarantees Act 1993), TNZ excludes and will not, in any case, be liable for:

a. any direct loss or damage that you may suffer as a result of using the Online Systems;

b. any loss of profit, business opportunity, goodwill, anticipated savings, or data, or for any special, indirect, incidental, or consequential loss or damages of whatsoever kind resulting from the use of the Online Systems, even if TNZ was aware or ought to have been aware of the possibility of such loss or damage;

however arising, whether in contract, tort, negligence, misrepresentation, or otherwise.

Breach

24. If you breach these Conditions, TNZ may, in addition to any other remedy available to it, block your access to Online Systems and may deactivate any sign-on credentials you hold.

General

25. These Conditions may be updated by TNZ from time to time. TNZ will post, or link to, any new Conditions on all the Online Systems. Your continued use of the Online Systems constitutes acceptance of the amended Conditions.

26. These Conditions are governed by the laws of New Zealand, and you submit to the exclusive jurisdiction of the New Zealand courts.

27. Any Condition that is either wholly or partly unenforceable will be severed to the extent necessary to make the remaining Conditions enforceable.

28. Any partial exercise, failure to exercise, or delay in exercising a power, right, or remedy provided under these Conditions, or by law, does not operate as a waiver, or prevent or restrict any further or later exercise of that power, right, or remedy.

If you have a query regarding these Conditions, contact us via admin@tennis.kiwi.

• I (and, if applicable, my child) am applying to become an Individual Member of[club], a Non-Voting Individual Member of the applicable Regional Tennis Organisation (RTO) or Local Tennis Partner (LTP) and of Tennis New Zealand (TNZ).
• I (and, if applicable, my child) agree to be bound by the rules, regulations, constitutions, policies and codes of those entities. I agree that I will comply with the rules of tennis, tournament rules and other rules related to Tennis, or any Tennis events, approved by TNZ.
•  I consent to the [Club] collecting and using my personal information (and, if applicable, my child's personal information) in accordance with the [Club] Privacy Policy (add link) by the club, RTO/LTP and TNZ for managing my membership and supporting the delivery and development of tennis in New Zealand.
• I acknowledge and agree that, by becoming a non-voting member of [Club], I am subject to the jurisdiction of the Club and all applicable Member Organisations including their respective disputes and disciplinary procedures.
• If I am a parent or guardian of a child who is joining as a member I am also applying for Individual Membership of the same organisations, as required under the Tennis New Zealand Constitution 2025.

1. Purposes and scope

The purposes of this regulation are to:

• set out procedures for collection, use and storage, access to and protection of membership data collected by Tennis NZ;
• support participation and administration of tennis;
• allow efficient and effective communication by Tennis NZ and Member Organisations with members and other participants of tennis; obtain information about members, to better understand their needs and preferences and to ensure that strategies and programmes of Tennis NZ and its Members are consistent with those;
• enable Tennis NZ and Member Organisations to seek funding and sponsorship to support tennis locally, regionally and nationally;
• assist Tennis NZ and Member organisations to comply with the Incorporated Societies Act 2022, by having a register of members.

Data use includes managing relationships with members, operating competitions, running marketing promotions, planning for and improving future services, processing transactions, and providing digital communication with stakeholders. 

Scope: this regulation applies to all TNZ national IT systems and databases.   

2. Status, Application & Commencement

2.1 This Regulation was approved by the TNZ Board under Rule 55 of the TNZ Constitution.

2.2 This Regulation is binding on all

- Members

- Officers

- members of the TNZ BAP

- employees, contractors and third-party service providers who handle personal data on behalf of Tennis NZ and Tennis NZ member entities; and

- other entities and individuals who agree to be bound by it.

This Regulation shall come into force with effect from 12 June 2025.

3. Operation and security of National Database

The National Database will be operated and maintained by Tennis NZ, which will be responsible for:

• performance and maintenance of the systems, architecture, security and design; and
• for user administration and access control.

Tennis NZ owns the copyright and all IP rights of the National Database. 

The information held on the National Database remains the property of the individual or entity who supplied it.  

4. Access to Data

Some data is required to be in the public domain, e.g. competition results, schedules, locations, teams etc.

Access to sensitive data, e.g. Personally Identifiable Information (PII) or commercially sensitive data, will only be provided to permitted users (see clauses 4.3 and 4.4), and such access will be based on their role and the data they require to perform their duties.  

The following people will have authorised access to the National Database:

• Tennis NZ staff;
• permitted users from member organisations (see below); and
• employees or contractors from any technology or database service provider undertaking development or maintenance services to the National Database.

Any person who is authorised to access the National Systems and Database will, on provision of a log-in, be bound by the terms and conditions set out in schedule 2 of this regulation.  

Those specified above will only have access to the following information:

• Tennis NZ staff: such information as is necessary to fulfil the purposes of the National Systems and Database, and for TNZ to discharge its responsibilities under 4.1 above;
• authorised persons from Member Organisations: all data collected on their members by Tennis NZ;
• employees or contractors of database service providers: such information as is necessary for them to provide their contracted services.

Any person whose member data is held in the National Database may request a copy of that data, by emailing the Tennis NZ Privacy Office and /or their Member Organisation.  Tennis NZ and/or the Member Organisation will respond no later than 20 working days after the request. 

5. Permitted Users

Each Member Organisation will authorise permitted users, and their names and contact details will be submitted to the CEO of Tennis NZ.   The Tennis NZ CEO will issue each permitted user with a log-in along with the Terms and Conditions (schedule 2).

If a Member Organisation wishes to change a permitted user, it will advise the Tennis NZ CEO.

TNZ will review and verify annually the Permitted User list. 

6. User roles and permissions

Tennis NZ will monitor all marketing communication and, in consultation with RTO’s, national marketing protocols will be developed if necessary.  

7. Data Collection

7.1 Types of Data Collected - Individuals

Tennis NZ will collect the following data from clubs and other member organisations:

• personal data such as name, date of birth, gender, ethnicity, email address, phone number;
• name and email address of the parent/guardian of an individual under 18 applying for membership;
• demographic details, date of application of members, duration of membership, and any other data as approved by the Tennis NZ Board.

7.2 Types of Data Collected - Organisations

Member organisations (TNZ/RTO/LTP/NAO/LAO/AMTA) will collect from their (non-individual) members:

• the category of membership;
• email address, physical address, website address, officer information i.e. name /email address and date of appointment of the President, CEO or equivalent position or secretary, permitted users (see above) and any other information as specified in the TNZ Constitution or TNZ regulations.

7.3 Methods of Collection

Data may be collected through several sources including agreed digital Membership Management System (MMS) and tournament software.  The data will be incorporated into the National Database via an integrated mechanism.

8. Consent and Privacy

8.1 Consent

Tennis NZ and member organisations will obtain explicit consent from individuals before collecting and using their personal data, except where otherwise permitted by law.

Tennis NZ   will maintain an individual’s consent preferences, e.g. opt out for various comms at club, member organisation and TNZ.

8.2 Member Application Form

The clauses in Schedule 1 of this regulation will be included in the application form (provided by Tennis NZ) to be used by each Member Organisation or every individual or entity wishing to become a member.  Consent for provision of personal data as per this regulation is included in the application process.

8.3 Privacy 

Each Member Organisation and every user of the Tennis NZ system will comply with:

• the Privacy Act 2020;
• Tennis NZ’s Privacy Policy add link; and
• all other applicable laws for personal information collected and held by the Member Organisation using an MMS or any other means.   

Tennis NZ shall comply with the Privacy Act 2020 and other applicable laws for personal information collected and held by it, including on the National Database. 

9. Data Storage and Security

9.1 Storage

Personal data will be stored securely in both physical and electronic formats.

9.2 Security Measures

Tennis NZ will implement appropriate technical and organisational measures to protect personal data against unauthorized access, alteration, disclosure or destruction. Such measures will include, but not be limited to: secure role-based access control, encrypted secure data storage, systems are well maintained and regular security and operational reviews.

10. Data Sharing

10.1 Internal Sharing

Personal data may be shared internally within the applicable Member Organisation for the purpose of managing relationships with members, operating competitions, running marketing promotions, planning for and improving future services, processing transactions, and providing digital communication with stakeholders

10.2 External Sharing

Personal data may not be shared with third parties for marketing purposes.  Data may be shared with trusted partners (i.e. Sport NZ) which adhere to TNZ’s data protection standards, and where that is recorded in a data sharing agreement.  If a Member Organisation wishes to share personal data with a trusted partner, TNZ must be informed and review the data share agreement completed by the Member Organisation and the third party. TNZ will maintain a register of all third parties’ data is shared with.

Tennis NZ or any Member Organisation may send promotional material and any other information from and on behalf of a third party to individuals (who have agreed to receive marketing material), provided the use is in keeping with the purposes specified in this regulation.

11. Data Retention and Deletion

11.1 Retention Period

Personal data may be retained only for as long as is necessary to fulfil the purposes for which it was collected, or as required by law.

11.2 Deletion

Personal data that is no longer needed will be securely deleted or anonymised.

12. Individual Rights

12.1 Access

Individuals have the right to access their personal data held by TNZ or a Member Organisation.

12.2 Correction

Individuals may request correction to inaccurate or incomplete data.  Tennis NZ will ensure the request for correction is made. 

12.3 Deletion

Individuals can request the deletion of their personal data under certain conditions. Where those conditions are met, Tennis NZ will ensure that the request for deletion is actioned (the conditions are included in the NZ Privacy Act 2020).

13. Breach Notification

13.1 Incident Response

In the event of a data breach, TNZ will promptly assess the situation and take appropriate action to mitigate any harm. Such action may include managing the incident under Tennis NZ’s Crisis Response Plan.

13.2 Notification

In the event of a data breach, affected individuals will be notified.

Other relevant stakeholders and media may be notified depending on the severity of the breach. Relevant authorities will be notified of any data breach as required by law.

14. Training and awareness

14.1 Employee Training

All employees and volunteers of Tennis NZ, Member Organisations and contractors handling personal data will be provided with regular training on data protection regulations and good practices.

15. Compliance and Monitoring

15.1 Compliance Checks

Regular audits and compliance checks will be conducted to ensure adherence to this regulation.

Electronic audit records will be held on all creation, updates, deletions and access to data held on the National Systems.  Electronic audit trails will be available to all registered users of the National Database. 

Reporting: any breach of this regulation must be reported to the Privacy Officer at Tennis NZ.

16. Review and Updates

16.1 Regular Review

This regulation will initially be reviewed 12 months after commencement, and then on a 3-year cycle (unless otherwise required sooner) to ensure that remains up-to-date with legal requirements and good practice.

16.2 Updates

 Any changes to this regulation will be communicated by TNZ to all relevant parties.

17. Breach of Regulations

Any breach of this regulation will be dealt with:

• in accordance with the TNZ Constitution and TNZ regulations and/or the constitution or regulations of the Applicable Member Organisation;
• unless the breach is by an employee or contractor, in which case the breach will be dealt with in accordance with the relevant employment agreement or contract.
• on a case-by-case basis depending on the nature, extent and reason for the breach.

18. Contact Information

For any questions or concerns regarding this data regulation, please contact the TNZ Privacy Officer on admin@tennis.kiwi