Acceptable Use Policy

1. Introduction

This Acceptable Use Policy ("AUP") sets out the rules and guidelines for acceptable conduct on the TalentGrid platform operated by Talent Grid Limited (NZBN: 9429051450724) ("TalentGrid", "we", "us", or "our"). This AUP applies to all Users of the Platform, including Contractors, Facilities, and website visitors.

This AUP forms part of our Terms of Service and must be read in conjunction with them. By using the Platform, you agree to comply with this AUP. Violation of this AUP may result in immediate account suspension or termination, withholding of payments, legal action, and reporting to relevant authorities.

2. Purpose and Scope

The purpose of this AUP is to:

• Protect the safety, security, and integrity of the Platform and its Users
• Ensure patient and resident safety in healthcare settings
• Maintain professional standards and ethical conduct
• Comply with New Zealand laws and healthcare regulations
• Foster a respectful, inclusive, and harassment-free community
• Prevent fraud, abuse, and misuse of the Platform

This AUP applies to all activities conducted on or through the Platform, including account registration, profile creation, shift posting and claiming, communications, reviews, and any other interactions.

3. General Prohibited Activities

Users must not engage in any of the following prohibited activities:

3.1 Unlawful Conduct

• Violating any applicable New Zealand laws or regulations
• Engaging in criminal activity, including fraud, theft, assault, or harassment
• Breaching the Privacy Act 2020, Health Information Privacy Code 2020, or Code of Health and Disability Services Consumers' Rights
• Violating employment, health and safety, or human rights laws
• Engaging in money laundering, tax evasion, or other financial crimes

3.2 Fraud and Misrepresentation

• Providing false, misleading, or inaccurate information during registration or in your profile
• Falsifying or misrepresenting professional qualifications, credentials, or experience
• Forging or altering documents (e.g., registration certificates, insurance policies, references)
• Impersonating another person or entity
• Creating multiple accounts to circumvent restrictions or gain unfair advantage
• Submitting fraudulent timesheets or claims
• Providing false information to avoid accountability for violations

3.3 Harassment and Discrimination

• Harassing, threatening, intimidating, or abusing other Users, patients, residents, or staff
• Discriminating against others based on age, gender, ethnicity, religion, disability, sexual orientation, or other protected characteristics
• Making unwelcome sexual advances or engaging in sexual harassment
• Bullying, stalking, or engaging in any form of predatory behaviour
• Posting or sending offensive, abusive, defamatory, or hateful content
• Using slurs, epithets, or derogatory language

3.4 Security and System Abuse

• Attempting to gain unauthorised access to the Platform, other Users' accounts, or TalentGrid's systems
• Using another person's account without permission
• Sharing your login credentials with others
• Circumventing security measures, authentication systems, or access controls
• Probing, scanning, or testing the Platform for vulnerabilities without authorisation
• Launching denial-of-service (DoS) attacks or other disruptive activities
• Transmitting viruses, malware, ransomware, or other harmful code
• Using automated scripts, bots, scrapers, or crawlers without authorisation

3.5 Intellectual Property Infringement

• Copying, reproducing, distributing, or modifying TalentGrid's intellectual property without authorisation
• Reverse engineering, decompiling, or extracting source code from the Platform
• Using TalentGrid's name, logo, or trademarks without permission
• Infringing the intellectual property rights of other Users or third parties
• Posting content that you do not have the right to post

3.6 Spam and Unsolicited Communications

• Sending spam, junk mail, chain letters, or unsolicited commercial messages
• Using the Platform to advertise or promote products, services, or websites unrelated to TalentGrid's purpose
• Harvesting email addresses or contact information for unsolicited marketing
• Sending bulk messages or abusing communication features

3.7 Platform Circumvention

• Attempting to arrange direct payment or engagement outside the Platform to avoid Platform Fees
• Encouraging or soliciting others to circumvent the Platform or these Terms
• Breaching the Introduction and Placement Fee provisions (see Section 12 of the Terms of Service and Sections 9 and 7 of the Contractor and Facility Agreements)
• Sharing contact information with the intent to conduct business outside the Platform during restriction periods

3.8 Interference with Platform Operations

• Interfering with or disrupting the Platform, servers, or networks
• Imposing unreasonable loads on the Platform's infrastructure
• Accessing or using the Platform in a manner that degrades performance for other Users
• Manipulating ratings, reviews, or reputation scores
• Creating fake accounts or submitting false reviews

4. Healthcare-Specific Prohibited Conduct

In addition to the general prohibitions above, Users involved in healthcare delivery (Contractors and Facilities) must not engage in the following healthcare-specific prohibited conduct:

4.1 Professional Misconduct

• Providing substandard or negligent care
• Working outside your scope of practice, competence, or qualifications
• Practising with expired, suspended, or invalid professional registration
• Failing to maintain continuing professional development (CPD) as required
• Engaging in conduct that brings the healthcare profession into disrepute
• Violating professional codes of conduct or ethical standards

4.2 Patient and Resident Safety Violations

• Working while impaired by drugs, alcohol, or fatigue
• Failing to follow proper medication administration procedures
• Neglecting infection control and hygiene protocols
• Ignoring or failing to report safety hazards or incidents
• Abandoning patients or residents without proper handover
• Failing to escalate concerns or deteriorating patient conditions
• Engaging in conduct that endangers patient or resident safety

4.3 Boundary Violations

• Engaging in inappropriate personal relationships with patients, residents, or their families
• Making inappropriate sexual or romantic advances
• Accepting significant gifts, money, or benefits from patients or residents (beyond small tokens of appreciation)
• Using your position to exert undue influence or gain personal advantage
• Breaching professional boundaries in any manner

4.4 Documentation and Record-Keeping Violations

• Falsifying or altering patient or resident records
• Failing to document care, medications, or incidents as required
• Removing or destroying records without authorisation
• Failing to maintain accurate timesheets

4.5 Unsafe Working Practices

• Failing to use required personal protective equipment (PPE)
• Ignoring health and safety procedures and policies
• Failing to report workplace hazards or near-misses
• Engaging in practices that endanger your own safety or the safety of others

5. Confidentiality and Privacy Requirements

5.1 Patient and Resident Confidentiality

Users must maintain strict confidentiality of all patient and resident information in accordance with the Privacy Act 2020 and the Health Information Privacy Code 2020. You must not:

• Disclose patient or resident information to unauthorised persons
• Discuss patient or resident information in public places, on social media, or with friends and family
• Post photos, videos, or identifying information about patients or residents online
• Access patient or resident records beyond what is necessary for your duties
• Remove, copy, or photograph patient or resident records without authorisation
• Use patient or resident information for purposes other than providing care

5.2 User Privacy

Users must respect the privacy of other Users. You must not:

• Share other Users' personal information without consent
• Use other Users' information for marketing, solicitation, or harassment
• Post other Users' personal information publicly
• Attempt to access or obtain other Users' private information without authorisation

5.3 Social Media and Public Disclosure

When discussing your work or experiences on social media or in public forums, you must:

• Never disclose patient, resident, or Facility identifying information
• Avoid posting content that could bring the healthcare profession or TalentGrid into disrepute
• Be mindful that your online presence reflects on your professional reputation
• Comply with your professional body's social media guidelines

6. Communications Standards

6.1 Professional and Respectful Communication

All communications on the Platform must be professional, respectful, and courteous. When communicating with other Users, you must:

• Use appropriate language and tone
• Be clear, concise, and professional
• Respond to messages in a timely manner
• Treat others with respect and dignity
• Avoid profanity, insults, or inflammatory language

6.2 Prohibited Communications

You must not send or post communications that:

• Contain threats, harassment, or abusive content
• Are discriminatory, hateful, or offensive
• Contain sexual content or inappropriate advances
• Solicit illegal activities or violate this AUP
• Are misleading, deceptive, or fraudulent
• Contain spam, advertisements, or promotional content unrelated to the shift or Platform services

6.3 Reviews and Ratings

When posting reviews or ratings, you must:

• Be honest, accurate, and based on genuine experience
• Be constructive and professional
• Focus on performance and conduct relevant to the shift
• Not disclose confidential or personal information
• Not post defamatory, abusive, or discriminatory content

7. Account Security Requirements

7.1 Your Responsibility

You are responsible for maintaining the security of your account. You must:

• Choose a strong, unique password and keep it confidential
• Not share your account credentials with anyone
• Log out of your account when using shared or public devices
• Notify TalentGrid immediately if you suspect unauthorised access to your account
• Enable two-factor authentication (2FA) if available
• Keep your contact information (email, phone number) up to date

7.2 Prohibited Security Activities

You must not:

• Use another person's account without authorisation
• Allow others to use your account
• Create accounts using false or stolen identities
• Attempt to bypass authentication or security measures
• Exploit security vulnerabilities in the Platform

7.3 Reporting Security Issues

If you discover a security vulnerability or breach, you must report it to TalentGrid immediately at Click to reveal email. You must not exploit the vulnerability, disclose it publicly, or share it with others before TalentGrid has had an opportunity to address it.

8. Consequences of Violations

8.1 Immediate Actions

If you violate this AUP, TalentGrid may take immediate action, including:

• Warning: Issuing a formal warning for minor or first-time violations
• Content Removal: Removing content that violates this AUP (reviews, messages, profile information)
• Account Suspension: Temporarily suspending your account to investigate or pending remedial action
• Account Termination: Permanently terminating your account for serious or repeated violations
• Withholding Payments: Withholding or deducting from payments for Contractor violations
• Access Restrictions: Restricting access to certain features or privileges

8.2 Legal and Regulatory Action

For serious violations, TalentGrid may also:

• Report the violation to law enforcement (e.g., Police, Serious Fraud Office)
• Report the violation to regulatory bodies (e.g., Nursing Council of New Zealand, WorkSafe New Zealand, Health and Disability Commissioner)
• Report the violation to professional bodies or employers
• Pursue legal action to recover damages, costs, and legal fees
• Seek injunctive relief to prevent ongoing harm
• Cooperate with authorities in criminal or regulatory investigations

8.3 Factors Considered

When determining the appropriate response to a violation, TalentGrid will consider:

• The severity and nature of the violation
• Whether the violation was intentional or accidental
• The impact on other Users, patients, residents, or the Platform
• Your prior conduct and compliance history
• Whether you cooperated with the investigation
• Whether remedial action has been taken

8.4 No Liability

TalentGrid is not liable for any loss or damage you suffer as a result of account suspension, termination, or other actions taken in response to your violation of this AUP.

9. Reporting Violations

9.1 How to Report

If you witness or experience conduct that violates this AUP, you should report it to TalentGrid immediately. You can report violations by:

• Using the "Report" button on the Platform (if available)
• Contacting TalentGrid support at Click to reveal email
• For urgent or serious matters (patient safety, assault, harassment), call us immediately or contact emergency services (Police: 111)

9.2 What to Include in Your Report

When reporting a violation, please provide as much information as possible, including:

• Your name and contact information (for follow-up)
• The name or account details of the person involved
• A detailed description of the violation
• Date, time, and location (if applicable)
• Screenshots, messages, or other evidence (if available)
• Names of witnesses (if applicable)

9.3 Confidentiality and Protection

TalentGrid will treat all reports confidentially and investigate them promptly. We are committed to protecting reporters from retaliation. If you report a violation in good faith, you will not face adverse consequences, even if the report is ultimately unsubstantiated.

However, making false or malicious reports is itself a violation of this AUP and may result in action against the reporter.

9.4 Investigation Process

When a violation is reported, TalentGrid will:

• Acknowledge receipt of the report
• Conduct a fair and impartial investigation
• Interview relevant parties and review evidence
• Take appropriate action based on the findings
• Notify the reporter of the outcome (subject to privacy considerations)

Serious matters (patient safety incidents, criminal conduct, professional misconduct) may be reported to external authorities as required by law.

10. User Responsibilities

10.1 Read and Understand This AUP

You are responsible for reading, understanding, and complying with this AUP. If you have questions or need clarification, contact TalentGrid before proceeding.

10.2 Stay Informed of Updates

This AUP may be updated from time to time. You are responsible for reviewing the AUP periodically and ensuring your conduct remains compliant.

10.3 Use the Platform Responsibly

You are responsible for your conduct on the Platform and for the consequences of any violations. TalentGrid provides tools and policies to support safe and appropriate use, but ultimately, you are accountable for your actions.

10.4 Report Violations

If you witness or become aware of conduct that violates this AUP, you have a responsibility to report it. This is particularly important for healthcare-related violations that may impact patient safety.

11. Updates to This Policy

TalentGrid may update this AUP from time to time to reflect changes in our practices, technology, legal requirements, or community standards. When we make material changes, we will:

• Update the "Last Updated" date at the top of this page
• Post a notice on the Platform
• Notify registered Users via email for significant changes

Your continued use of the Platform after the effective date of any changes constitutes your acceptance of the updated AUP.

12. Contact Us

If you have questions about this Acceptable Use Policy, need to report a violation, or have concerns about conduct on the Platform, please contact us:

For urgent matters involving patient safety or serious violations, contact us immediately or call emergency services (Police: 111).

Related Documents

• Terms of Service
• Privacy Policy
• Contractor Agreement
• Facility Agreement
• Cookie Policy