These terms and conditions ("Terms") govern the access or use by you of the Clever web app and mobile apps ("App(s), App") and associated, websites, content, products and services (the "Services") made available by Clever First Aid Limited, having its offices at 36 Birmingham Drive, Unit 3 Middleton, Christchurch 8024, New Zealand ("CLEVER", "we", "us" or "our").
Where we refer to you or your in these Terms, we mean any individual that is using the Services. Reference to a device means any eligible device that you use to access the Services.
Additional terms may also apply to the Services, which will be disclosed to you in connection with the applicable Services. These terms are in addition to, and shall be deemed a part of, and shall prevail over, the Terms for the purposes of the applicable Services.
Your use of the Services may also be subject to the terms of your agreement with other third party service providers (such as your data service provider).
By using our Services you consent to the use of necessary cookies for the proper functioning and delivery of the Service. See our Privacy Policy for details on the use of cookies in our Apps.
Please read these Terms carefully before accessing or using the Services. Your access and use of the Services constitutes your agreement to be bound by these Terms. If you do not agree to these Terms, you must not use the Services.
You may only use the Services if you are at least 18 years of age or the age of legal majority in your jurisdiction (if different than 18) and are doing so for lawful purposes and you comply with applicable laws.
The Services may only be used by persons under 18 with the consent of a parent or person with parental responsibility over the child. The child or young person's device may only be joined to a proximity group created on our App(s) by, or otherwise associated with, the account of the person granting consent.
In New Zealand in accordance with Information Privacy Principle 3A of the Privacy Act 2020 you must take reasonable steps to ensure individuals who use our devices fitted with a camera are made aware that the devices take a photo when the door is open.
In accessing and using the Services, you must not:
The mobile App requires the use of a mobile device and wireless services. We do not charge for the Services. However, your mobile service provider may charge you for those services that it provides. You should check with your mobile service provider to learn about such charges.
We grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable licence to:
We, or our licensors (as appropriate), own, and shall retain, all rights in and to the Services (including our App(s)). Other than the limited licence granted to you in paragraph 3.1, neither these Terms nor your use of the Services (including our App(s)) grants to you any rights in or related to the same or to use or reference in any manner our company name, logos, product and service names, trademarks or services marks or those of our licensors.
The Services may be made available to you through web apps or mobile apps, or accessed by you, through services provided by other parties, such as The Apple App Store, the Microsoft Store or Google Play. These companies may have terms of use that apply to you in addition to these Terms.
You are responsible for obtaining all devices, data, connections and other requirements necessary to use the Services. We do not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. You are responsible for all costs, problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to your devices, network connections or telecommunications links or caused by the internet.
You may also be able to access and use third-party products, services and content as part of the Services (for example Google Maps). Any such third-party products, services and content are subject to the terms and conditions set by their providers. We do not endorse or assume any responsibility for third-party products, services or content, including your use of the same.
If you provide us with your email address, we may send you text messages or emails in connection with the Services. You may opt-out of receiving text messages from us by electing to unsubscribe from the services. You acknowledge that opting out of receiving text messages or emails may impact your use of the Services.
You must exercise every possible care to ensure the safety of the device you use in connection with the Services by taking all reasonable care to prevent loss, theft and unauthorised or fraudulent use. That includes:
Any person who can unlock your device may be able to use the Services. You should have a passcode set on your device. If you suspect your passcode has become known to someone else you should change it immediately.
If you have biometric identification login enabled on your device any person whose biometric identification is stored on your device may be able to access the Services. Accordingly, you must ensure that only your biometric identification is stored on the device if you wish to use biometric identification login to make payments for the Services. Biometric identification login details are stored on your device and not by us, so we cannot verify the identity of any person who uses biometric login to access the Services from your device.
You agree to indemnify, and will keep indemnified, us and our officers, directors, employees and agents ("Indemnified Parties") harmless from any and all claims, demands, losses, liabilities, and expenses (including legal costs and expenses) suffered or incurred by the Indemnified Parties, or for any claim brought against the Indemnified Parties, that arises out of or in connection with:
You acknowledge that we are free to, and frequently do, make changes to the Services (at our discretion). We are not required to provide you with notice of any such changes.
We may amend these Terms from time to time. Amendments will be effective upon posting of such updated Terms on our website or updating the Terms in our App(s).
Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended. If you do not accept any changes to these Terms you must stop using the Services.
We may immediately terminate these Terms or any Services with respect to you, or generally cease offering or suspend or deny access to the Services or any portion thereof, at any time for any reason.
The Services are provided to you "as is" and "as available" and you agree that you are solely responsible for your use of the Services. Other than as expressly set out in these Terms, all warranties, guarantees or obligations imposed on us in relation to the Services are excluded to the maximum extent permitted by law. We make no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the Services or any services, goods or information obtained by you through your use of the Services, or that the Services will be uninterrupted or error-free.
In no event will we be liable to you for any losses, liabilities, damages, costs or expenses including but not limited to direct, indirect, incidental, special, exemplary, punitive or consequential damages, lost profits, lost data, personal injury or property damage (even if we have been advised of the possibility of such damages) that result from or in connection with, these Terms or your access to, or use, of the Services.
Nothing in these Terms operates to exclude, restrict or modify any warranties, guarantees or other rights provided by law that cannot be excluded. Our liability for a breach of any such warranties, guaranties or rights arising out of any claim, demand, proceedings or caution whether in contract, negligence or otherwise, in any way connected with the Services shall not exceed the amount of $1,000.
To utilise a certain App(s) functionality you may need to provide us with certain personal information, such as your email address and location. At all times your personal data will be treated in accordance with our Privacy Policy, which is available on our website and in the Portal and Mobile App.
By providing us with your personal information, you consent to receiving marketing material and other electronic communications from us.
For more detail on our Privacy Policy including how to unsubscribe from receiving such material, please refer to our Privacy Policy below.
In these Terms, the words "including" and "include" mean "including, but not limited to."
In these Terms, the word "device" may mean a first aid cabinet, a portable first aid cabinet, or any connected device offered by Clever as part of the Service, that may or may not be fitted with a camera.
Termination of these Terms will not affect any legal remedies we may have.
Any provision of these Terms which expressly or by implication is intended to continue in force after termination of these Terms shall remain in full force and effect.
Subject to any changes that may be made to these Terms from time to time, these Terms constitute the entire agreement between you and us and supersede all previous agreements and undertakings.
You may not assign or transfer these Terms in whole or in part without our prior written approval.
Nothing in these Terms has the effect of excluding, restricting, or modifying rights which cannot lawfully be excluded, restricted or modified by agreement. If any provision of these Terms contravenes a law or is not enforceable, it will be removed from these Terms, but the rest of these Terms will continue in force.
We may subcontract or delegate the performance of any of our responsibilities under these Terms.
Waiver of any power or right under these Terms must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver.
These Terms are governed by New Zealand law and the courts of New Zealand shall have the non-exclusive jurisdiction.
If you have a question or a complaint about the Services, please contact us at support@cleverfirstaid.com.
This Privacy Policy ("Policy") sets out how we collect, store, use, process and disclose your personal information in connection with our website, services and the Clever First Aid web and mobile App(s) ("Apps") (collectively, our "Services"). When we refer to "we", "us" or "our" in this Privacy Policy, we mean Clever First Aid Limited, having its offices at 36 Birmingham Drive, Unit 3 Middleton, Christchurch 8024, New Zealand ("CLEVER") and our related companies (as that term is defined in the Companies Act 1993). Beyond this Privacy Policy, your use of Apps (and associated services) is also subject to our service terms and conditions ("Terms").
We take our obligations in relation to your personal information seriously. To the extent that we collect any personal information about you, we are committed to protecting that personal information and to ensuring we comply with all relevant privacy and data protection laws, including the Privacy Act 2020 (New Zealand) and the Privacy Act 1988 (Cth) as amended, including by the Privacy and Other Legislation Amendment Act 2024 (Australia) (collectively, "Applicable Privacy Laws").
We collect, use and disclose personal information where this is necessary for our legitimate functions and activities, where it is fair and reasonable in the circumstances, to comply with our legal obligations, or where you have provided consent.
Where we rely on your consent, you may withdraw your consent at any time by contacting us at support@cleverfirstaid.com. Withdrawal of consent will not affect the lawfulness of processing carried out prior to withdrawal but may limit your ability to use certain features of the Services.
We may need to change this Privacy Policy from time to time. If we make any changes, then we will tell you about them by posting an updated policy on our website. By continuing to use the Services, you will be agreeing to any changes to the Privacy Policy. Any changes will take effect from the date we update and post the Privacy Policy, so please check this Privacy Policy when you access our website. When we make material changes to this Privacy Policy, we will provide you with prominent notice (including by email where you have provided us with an email address) a reasonable period prior to those changes taking effect.
We will only collect personal information where it is necessary for our functions and activities, for lawful purposes connected with our Services, and where such collection is fair and reasonable in the circumstances. We take reasonable steps to ensure you are aware of the purposes of collection at or before the time of collection, or as soon as practicable where information is collected indirectly. Information we collect may include:
We do not intentionally collect sensitive personal information (such as health information) unless required for the operation of our Services or provided voluntarily.
To the extent that our Services process data that may relate to workplace safety or first aid events, we treat such information with appropriate safeguards and only use it for safety, compliance, and operational purposes.
You have no obligation to provide any information requested by us, but if you do not, you may not be able to access certain features of the Services.
We collect information through cookies and similar technologies differently across our Services depending on the platform you are using:
Portal (Web Application) Our Portal uses cookies and similar technologies primarily for operational purposes, including:
These cookies are necessary for the Portal to function and cannot be disabled without impacting usability.
We also collect information through log and usage data. Log and usage data is service-related, diagnostic, usage, and performance information our servers automatically collect when you access or use our Services and which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type, and settings and information about your activity in the Services (such as the date/time stamps associated with your usage, pages and files viewed, searches, and other actions you take such as which features you use), device event information (such as system activity, error reports and hardware settings).
Mobile Application (Clever App)
Our mobile applications do not use browser cookies. However, we may use similar technologies such as:
to support functionality, security, and performance monitoring. These technologies are used solely in connection with the operation of the Services and not for third-party advertising.
Marketing Website
Our public-facing website may use cookies and tracking technologies for:
Where required by applicable law, we will obtain your consent before using non-essential cookies on our marketing website. You may manage your cookie preferences through your browser settings or any consent tools made available on the website.
Managing Cookies and Tracking
You can control or disable cookies through your browser settings. Please note that if you limit the ability for Clever to set cookies and similar technologies, there may be an impact to your overall user experience, and some features and services may not function properly if you disable cookies.
We use your personal information for purposes directly related to our functions or activities or where we are authorised to under the Applicable Privacy Laws. In Australia, we will only use or disclose your personal information where such use or disclosure is fair and reasonable in the circumstances (as required by the Privacy Act 1988 (Cth) as amended). We will not use your personal information in a way that you would not reasonably expect having regard to the purposes for which it was collected.
We may use your personal information:
We will not use personal information for purposes that are unrelated to those described above unless permitted by law or with your consent.
We may de-identify and aggregate personal information so that it no longer reasonably identifies an individual. We may use such de-identified information for analytics, product improvement, and reporting purposes. We take reasonable steps to ensure that de-identification is robust and that such use is fair and reasonable in the circumstances.
We will only disclose your personal information where you have authorised such disclosure, where disclosure is connected to one of our functions or activities or where we are able to under the Applicable Privacy Laws. Examples where we may disclose your personal information are:
We retain personal information only for as long as necessary to fulfil the purposes described in this Policy and to comply with legal obligations.
Retention periods vary depending on the type of information, including:
We take reasonable steps to securely delete, anonymise, or de-identify personal information when it is no longer required.
If you would at any time like to review or change the information in your account, deactivate or delete your account, you can:
Upon request to delete your account, we will remove your account and information from our active databases. However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our legal terms and/or comply with applicable legal requirements.
You have the right to ask for a copy of any personal information we hold about you, and to ask for it to be corrected if you think it is wrong. If you'd like to ask for a copy of your information, or to have it corrected, please contact us at support@cleverfirstaid.com. Access to your personal information is generally provided free of charge. In exceptional circumstances, where providing access requires significant resources, we may charge a reasonable fee. We will inform you of any potential fees before processing your request.
We take reasonable steps to ensure that your personal information is protected against loss, unauthorised access, use, disclosure, alteration or destruction. Our technical and organisational security measures include: encryption of personal information in transit and at rest; role-based access controls (RBAC) to limit access to personal information to those who need it; audit logging of access to and processing of personal information; and secrets management for system credentials. We conduct regular reviews of our security controls and procedures. We adopt policies and procedures to protect your personal information, and we review these regularly.
However, no electronic transmission over the internet or information storage technology can be guaranteed to be 100% secure, therefore we cannot guarantee that the data may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards by malicious persons or unauthorised third parties. Although we do our best to protect your personal information, transmission of personal information to you and from our Services is at your own risk. You should only access the Services within a secure environment.
We may allow third parties to monitor our network for security and information assurance purposes.
Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ('DNT') feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities tracked. At this stage no uniform technology or industry standard for recognising and implementing DNT signals has been adopted. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this policy.
We are a New Zealand company and our primary operations are in New Zealand and Australia. Some of our service providers and sub-processors may be located outside of New Zealand and Australia, including in the United States and other jurisdictions where sub-processors and Google Cloud Platform infrastructure is located. Where your personal information is disclosed to an overseas recipient, we will take the following steps to protect it:
In New Zealand, where we disclose your personal information to an overseas recipient and that recipient does not comply with the Information Privacy Principles under the Privacy Act 2020, we remain accountable for that breach as if we had breached the principle ourselves (unless you have authorised the disclosure after being informed that the recipient may not be required to protect the information). In Australia, by disclosing personal information to overseas recipients, we take on accountability for ensuring those recipients handle it in accordance with the Australian Privacy Principles.
We are committed to handling privacy breaches responsibly and in accordance with our obligations under the Applicable Privacy Laws. If we become aware of a privacy breach involving your personal information, we will take immediate steps to contain the breach and assess whether it is likely to cause serious harm to you.
In New Zealand, if a privacy breach is likely to cause you serious harm, we are required to notify you and the Privacy Commissioner as soon as reasonably practicable. Notification will include the nature of the breach, the types of information affected, the steps we have taken or propose to take in response, and contact details for our privacy enquiries.
In Australia, if we have reasonable grounds to believe that a data breach has occurred that is likely to result in serious harm to any individuals whose personal information is involved (an "eligible data breach" under the Notifiable Data Breaches scheme), we will assess the breach within 30 calendar days and, if confirmed, notify the Australian Information Commissioner (OAIC) and all affected individuals as soon as practicable. Notification will include a description of the breach, the kinds of information involved, and recommendations for steps you can take to reduce the risk of harm.
Our Services use automated systems to process your personal information and generate outputs that may affect you. These automated processes include:
Where automated processing produces outputs that have a significant effect on you, you have the right to request that a human review that outcome. To make such a request, please contact us at support@cleverfirstaid.com. We will implement further transparency measures in respect of automated decision-making in accordance with Australian requirements under APP 1.8 of the Privacy Act 1988 (Cth) as amended (compliance required by 10 December 2026).
Our Services involve the use of IoT-connected devices, including smart first aid cabinets, sensors, and RFID tags, which may capture personal information about individuals who interact with or are in proximity to those devices without those individuals directly providing information to us. This type of collection is referred to as "indirect collection".
In New Zealand, from 1 May 2026, Information Privacy Principle 3A of the Privacy Act 2020 requires that where personal information is collected from a source other than the individual concerned, we must take reasonable steps to ensure the individual is made aware of the purposes of collection and other relevant matters. We take reasonable steps to support transparency of indirect collection, including:
Our customers (such as employers or site operators) are responsible for notifying individuals who interact with our devices about how their information is collected and used.
Data collected indirectly through our devices may include device interaction events, access timestamps, location data associated with device placement, and derived analytics (such as compliance and usage scores). We apply the same protections to indirectly collected personal information as to directly collected personal information.
If you provide us with your email address, we may contact you using this email address to verify your account and for administration purposes.
Where you have provided your express consent, we may send you service-related communications and, separately, marketing updates via email or text message. If you give us your permission, we may send you updates or push notifications related to the Services and other information we think you may be interested in. The messages you receive from us will have instructions for how you can remove yourself from our mailing list. You may unsubscribe to any email marketing message at any time by following the unsubscribe instructions contained in the message.
We take reasonable steps to ensure that the personal information we hold about you is accurate. You have the right at any stage to request us to provide you with access to your personal information. We will respond to any request by you to correct or access your personal information as soon as practicable following receipt of such request (and in any event within 20 working days of your request in New Zealand, as required by the Privacy Act 2020, or within 30 calendar days of your request in Australia, as required by APP 12.3 of the Privacy Act 1988 (Cth)), but there are exceptions under the Applicable Privacy Laws where we may not be able to do so. We will tell you if that is the case. You may also request that we delete or erase personal information that we hold about you, subject to our legal obligations to retain certain information. We will consider all deletion or erasure requests and respond to you within 20 working days (New Zealand) or 30 calendar days (Australia). If we are unable to delete or erase your personal information (for example, because we are required to retain it by law), we will tell you why. If you believe we have breached the Applicable Privacy Laws in respect of your personal information, you may make a complaint to us in the first instance. If you are dissatisfied with our response, you may escalate your complaint to the relevant regulator: the Privacy Commissioner in New Zealand (www.privacy.org.nz) or the Office of the Australian Information Commissioner in Australia (www.oaic.gov.au).
We value your comments, feedback and ideas about all aspects of the Services we provide, as well as any questions or complaints about this privacy policy.
You also have the right to contact the Office of the New Zealand Privacy Commissioner (if you are a New Zealand Resident), or the Office of the Australian Information Commissioner (if you are an Australian Resident).
If you have any feedback or questions about this policy, the practices of our mobile application and Website, or your dealings with Clever First Aid, you can contact us via: support@cleverfirstaid.com