1. Background

This Learning Management System (LMS) is operated by the New Zealand Qualifications Authority (NZQA), a Crown entity continued under the Education and Training Act 2020.

The LMS allows users to access training courses and workshops provided by NZQA, which can include content developed by NZQA and examples of student work (LMS Services).

The LMS Services are operated by NZQA and can only be accessed by authorised users who are currently enrolled in a course or workshop and have accepted these terms in accordance with paragraph 2.

Please read the following information carefully before using the LMS Services.

2. Your acceptance

By entering the LMS Services, you acknowledge and agree that NZQA can collect, hold, use and disclose your personal information as set out in the LMS Privacy Statement (see paragraph 3).

By entering the LMS Services, you are acknowledging and agreeing with the General Terms and Conditions, and LMS Copyright Statement (see paragraphs 4 and 5).

3. LMS Privacy Statement

NZQA is committed to complying with the Privacy Act 2020 when collecting, using, or dealing with personal information. The purpose of this LMS Privacy Statement is to describes how we collect, use, and share personal information.  

3.1 What personal information do we collect about you?

When you create an LMS account, NZQA will collect your name and email addresses from you.

Note that If you are a teacher accessing the LMS Services, NZQA can access your ESL unique identifier from the Ministry of Education.

Some surveys featured on the LMS may also collect the following personal information from you:

• Gender
• qualifications
• your intended study plans and preferences
• what school or organisation you are working with (if any)
• your role within your school or organisation (if applicable)
• any feedback you provide to us

3.2 What is the purpose of collecting your personal information?

The purpose of collecting your personal information is to provide you access to the LMS Services, to personalise your LMS experience, and improve the LMS Services (the Purposes). NZQA may use the information you provide to communicate with you about the LMS Services.

NZQA will only use your personal information for the Purposes, unless we later obtain your permission for other uses or there is a legal exception that allows its use (e.g as in Principles 10). 

3.3 Who can access your personal information and why?

Your personal information can be accessed in the LMS by the course facilitator and NZQA system administrators. Additionally, you and the other participants enrolled in the course or workshop can engage with each other in discussions and activities (as appropriate).

NZQA will take all reasonable precautions to protect personal information from misuse, loss, unauthorised access, or disclosure.

NZQA will only disclose your personal information to others for the Purposes, unless we later obtain your permission to disclose for other purposes or there is a legal exception that allows its disclosure (e.g as in Principles 11). 

NZQA will disclose your personal information to our LMS service provider where it is required to provide the LMS Services. Our LMS service provider is based both in New Zealand and Australia.

Where personal information is stored with or disclosed to organisations in other countries, as an essential part of the LMS Services, NZQA will comply with Privacy Principle 12. This involves seeking to ensure that there will be similar protections to those in the New Zealand Privacy Act 2020 (which there are in the case of Australia).  If NZQA is unable to ensure this, we will inform you in accordance with NZQA’s Privacy statement.

3.4 How long will we retain your personal information?

NZQA will only keep your personal information for as long as is required for the purposes for which it maybe lawfully used, then it will be deleted.  

3.5 Your rights

You may request access to, correction or deletion of your personal information held in the LMS by NZQA by contacting us at lms.help@nzqa.govt.nz at any time.

If NZQA is not able to comply with your request, we will notify you in writing setting out the reasons for the refusal and advise you of the mechanisms available to you to complain.

For more information about your rights under the Privacy Act 2020 please contact the Office of the Privacy Commissioner.

3.6 What if you are accessing the LMS Services from an EU country?

If you are accessing the LMS Services from an EU country, before agreeing to the LMS Privacy statement, please refer to NZQA’s Privacy statement which addresses “EU personal data”.

4. General Terms & Conditions

The following are the Terms and Conditions that apply to the LMS Services.

4.1 What are your responsibilities when accessing LMS?

When using the LMS Services, you agree to only upload appropriate materials and content for your online course or workshop. This means you agree not to upload, download, or otherwise transmit any content that is unlawful, harmful, threatening, abusive, defamatory, interferes with another person’s privacy or is racially, sexually, or ethically objectionable. If you are uploading content from students, you must remove all student identifiers from student work before it is posted, uploaded, or stored on the LMS.

NZQA does not and cannot supervise, edit, or control the way in which you use the content, information and or other material accessed through the LMS. This means that you are responsible for the content accessed or provided by means of the LMS including any content you submit, upload, download, access or make available. You must ensure any content you upload, download, alter or otherwise transmit does not infringe on any patent, trademark, copyright, or proprietary rights.

You are responsible for putting reasonable efforts in maintaining the confidentiality and security of your login details and other personal identifiers used by or allocated to you in connection with the LMS. You agree to change your password periodically or when requested by us.

If you are aware of any unauthorised use, or other breach of security of the LMS, you must notify NZQA immediately.

4.2 When can your access to the LMS be terminated?

If you are found by NZQA to have breached any of the responsibilities set out in 4.1 (General Terms and Conditions), NZQA may immediately terminate that your access to the LMS and/or deny you further access.

If NZQA finds that the course or workshop is being disrupted (in any way) by you or your device, we may immediately terminate your access to the course or workshop.

4.3 What if there are disruptions to the LMS Services?  

NZQA will make all reasonable efforts that your participation in the LMS Services will run smoothly, but we cannot guarantee this because NZQA is reliant on systems and services that are not owned by us.

NZQA cannot guarantee that the LMS will be fault free, but we will try to restore any outages as soon as we reasonably can.

5. LMS Copyright Statement

NZQA’s Copyright statement applies to the LMS Services.

The copyright in NZQA publications and other materials on NZQA's websites, unless otherwise stated, belongs to NZQA (NZQA copyright material). A student’s work published in the LMS is not NZQA copyright material as it belongs to the student as their intellectual property.

To use copyrighted material the permission of the copyright owner will need to be obtained unless the use is allowable under the copyright laws of New Zealand. NZQA will note if the copyright materials belong to others (i.e not NZQA copyright material). NZQA is unable to give permission for use of the materials owned by others. You cannot copy or share any student work that you access on the LMS without the students consent as it belongs to that student.

The NZQA logo, including its key elements, is a registered trademark, and use of it without NZQA permission will infringe New Zealand trademark laws. See NZQA’s Copyright statement for the uses of the logo for which NZQA may give permission.

Some LMS courses may contain links to third party websites that are not under the control of NZQA.

NZQA is not responsible in any way for any information, content or material that is available on third party websites.

NZQA gives permission for you to use NZQA copyright material in the LMS Services for the purpose of participating in the online course or workshop, and learning arising out of that course or workshop. You can seek NZQA’s permission to use NZQA copyright materials in your teaching, in the creation of your own learning modules, or for other purposes, by contacting NZQA at lms.help@nzqa.govt.nz.