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The fine print

Privacy policy

We collect personal information from you, including information about your:
Name
Contact information
Interactions with us

We collect your personal information in order to:
Provide you with information that might be useful to you.

Providing some information is optional. If you choose not to enter some information, we may be unable to provide you with access to the information or services you have requested.

Personally Identifiable Information is not shared with outside parties unless the users are informed beforehand, except for website hosting partners and other assisting parties who agree to keep the information confidential. Information may be released if it's required by law or necessary to enforce site policies and protect rights and safety. 

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 hello@brainchild.co.nz.

Editorial policy

This editorial policy sets out the standards we follow at Brainchild when creating and publishing content on our website, social media, and any channel that carries our brand. 

It’s here so our audience, clients, and collaborators can see how we define credible, trustworthy, and brand-aligned content — and what we do to protect it. 

1. Purpose 

 This policy exists to keep our content credible — and our credibility intact. It’s how we stay accountable to the standards we set. 

"Content" means anything we put out into the world: articles, videos, photography, audio, social posts, data visualisations, newsletters, interactive tools, or anything else wearing our brand. We believe credibility isn't something you claim. It's something you prove. This policy helps us do that every time we publish. 

2. Scope 

This policy applies to all content published by Brainchild on our own channels and shapes how we approach content created for clients. When working with clients, we advocate for these standards (especially around accuracy, attribution, and ethical use of AI), even if the final publishing decisions rest with them.  

We don’t apply a one-size-fits-all model. Each of our clients’ have their own brand voice, and communication style which we’ll ensure always shines through in the work we create for them. Our job is to bring clarity and rigour without flattening personality. 

We also encourage and support our clients to develop their own editorial policies, which we adhere to when producing and publishing content on their behalf.  

3. Voice and tone 

When we speak on behalf of Brainchild, our voice is plainspoken with teeth. 

  • We talk like people, not press releases. 

  • We explain things clearly, not condescendingly. 

  • We skip jargon, buzzwords, and corporate filler. 

  • We adapt tone for context, but our personality doesn’t vanish in the process. 

  • Instead of “We are delighted to announce,” you’ll get “It’s live. It works. Here’s why it matters.” 

When we create content on behalf of clients, we speak in the tone of our clients (and adhere to their editorial policies too). 

4. Balance and bias 

We don’t claim neutrality, and we don’t apologise for having a point of view. As a PR agency offering PR, marketing and communications services, we advocate for this work and the value it brings to our businesses and brands.  

We also advocate for the value of a great agency-client relationship because we believe in it. That’s our lens. 

What we won’t do: 

  • Pretend our promotional content is editorial when it’s not. 

  • Smuggle in opinions dressed as facts. 

  • Pretend to be objective when we’re not. 

We’ll tell you when something’s our perspective, when we have a stake in it, and when the answer isn’t black and white. Acceptable bias includes opinions and values. What’s not okay: misrepresentation, spin, or hiding vested interests.  

We don’t publish misinformation, disinformation, or AI-generated hallucinations. We vet sources, check context, and never pass off speculation as fact. 

5. Fact-checking and sourcing 

Publishing something wrong is worse than saying nothing at all. 

  • We verify facts and figures before publishing. 

  • We use primary sources wherever possible, such as official reports, research, or direct quotes. 

  • We cite or link to all sources of statistics or third-party information. 

  • We don’t copy others’ work or pass off ideas without attribution. 

  • If we get it wrong, we fix it fast - clearly and publicly. 

 When covering sensitive issues (e.g. legal, health, financial, cultural, or crisis-related topics) we are extra careful. That means slower approvals, external advice if needed, clearer disclaimers, and ensuring we’ve checked both the facts and the context. We’d rather be late than careless. 

6. Copyright and ownership 

We respect intellectual property and: 

  • Only publish content we own or have the right to use. 

  • Credit third parties when referencing their work. 

  • Avoid unlicensed use of photography, illustrations, music, or design assets. 

  • Never publish AI-generated content without significant human input, editing, and judgment. As of now, that’s what ensures the final work is considered ours under current IP advice - but we’ll adapt if the laws change. 

 
7. Use of Artificial Intelligence (AI) 

We use AI to speed up the boring bits, not to replace good thinking. 

  • Every word gets human review. Every fact gets verified. 

  • We don’t label every AI-assisted sentence. Instead, we’re transparent about our overall approach - right here. 

  • If something goes live untouched by a human in any editorially meaningful way, we’ll label it. 

  • If we publish visuals - like images or videos - that were fully created using AI, we label them clearly. For now, this feels like the most honest and practical step while standards are still evolving. 

  • We never use AI to fake reviews or invent quotes. 

  • If we use an AI avatar, we are upfront about it. 

  • We don’t use AI-generated people, voices, or avatars without making it crystal clear. If it could be mistaken for real, we label it. 

We recognise AI comes with bias. We check for it, and we correct it. 

And yes, AI helped with this policy - but our humans ripped it to pieces and rebuilt it before it went live. 


8. Ethics, transparency and disclosures 

We don’t hide the ball. 

  • We declare commercial interests, conflicts, and client affiliations. 

  • We label opinion, promotional, and sponsored content. 

  • Covering sensitive topics? Discussing legal, health, or financial matters? You’ll see disclaimers. 

  • We respect privacy - we don’t publish identifying details without consent. 

  • We follow the PRINZ Code of Ethics (and go beyond it when needed). 

 We earn trust by being upfront, not just correct. 

 
9. Accessibility and inclusion 

Culturally, we might not be the most diverse team, but we do consider ourselves diverse thinkers. We believe good content should be for more than just some people. We also know we’re not trying to be everything to everyone. We have a point of view, a personality, and a way of communicating that won’t be for everyone - and that’s by design. Inclusion doesn’t mean being beige. 

  • We write in plain English. 

  • We check for bias, stereotypes, and blind spots - and ask others to challenge us. 

  • We’re intentional about the language and imagery we use. 

  • We make our content scannable, legible, and screen-reader-friendly. 

  • We’re learning. And we welcome feedback from people who spot what we’ve missed. 

 
10. Review and accountability 

We review this policy regularly and update our practices as needed. Our internal team is responsible for: 

  • Reviewing content before it’s published. 

  • Making sure our policies on AI, sourcing, and disclosure are followed. 

  • Correcting mistakes quickly and transparently, including updating, annotating, or retracting if needed. 

 
11. Contributor and user content 

We sometimes publish content from external voices - including collaborators, partners, or community members. 

  • We make the source clear. 

  • We may edit for clarity, fit, or formatting - but we won’t distort meaning. 

  • If quotes are lightly edited for clarity or brevity, we’ll say so. 

  • If the content is based on user input or contributions, we’ll disclose that. 

 
If we’ve missed the mark, we want to hear about it. Please contact us at hello@brainchild.co.nz  

If you need help with your editorial policy, email hello@brainchild.co.nz We’d love to help your brand.

AI policy

Generative AI is transforming the way we work. It offers us massive potential to improve efficiency and deliver even better client results. But it also brings some challenges around security and ethics.

This policy aims to ensure everyone who works as part of the Brainchild team follows the same principles when using AI at work.

Think of this as our guide to:

  • Using AI as a sidekick, not the main act, and ensuring our clients get our expert brains and creativity in every job we do.

  • Using the magic of AI without compromising sensitive stuff. Let's keep it secure.
     

How We Use AI:We use AI to:

  • Brainstorm: AI's the colleague who's always game for brainstorming ideas. Our expertise takes those ideas to stellar heights (and aligns them with strategy). AI's the wingwoman (or man), not the whole party.

  • Beat creative blocks: AI nudges us in the right direction and gets our creative gears turning again. But our final work is all us. No bot takes credit for what we've done.

  • Transcribe: AI's on transcription duty, so we can get on with the stuff that offers our clients value.

  • Summarise: AI trims the fat from lengthy notes to help us get to the heart of the matter faster (with a few human-brain sense checks, of course).

  • Perfect grammar: AI's our nitpicky editor, ensuring every comma and period is on point.

  • Tackle admin: AI helps us tackle admin like a pro so we can concentrate on what we do best - providing top-notch value to our clients.


How We Don't Use AI:We'll never:

  • Serve AI-generated deliverables: Imagine AI creating a piece of content, and we're like, "Yeah, we did that!" Nope, not in our playbook. We're not about pretending AI's us.

  • Fully automate without human supervision: AI's cool, but letting it take the wheel entirely? That's like letting a toddler DJ a party - chaos! We're here, and we’re hands-on.

  • Use AI in secret (No shady business here): We're not magicians concealing the truth. We're all about transparency and disclosure around the role of AI in our work.

  • Rely on AI for creativity: We won't let AI dilute our unique creative flair. Our ideas are like one-of-a-kind dance moves - and no AI can rock those like us.

  • Assume AI is smarter than us: AI content usually sounds pretty good on first read, but we won't mindlessly follow AI's jam just because it sounds catchy. We supplement with our own research and critical thought. We go back to the strategy and the client's vision.

  • Forget to fact-check: AI's that intern who parties too hard occasionally. We won't trust its data without a double-check.

  • Use AI to get up to no good: We're all about ethics and not bending the rules. We won't ask AI to twist data, create biased content or manipulate imagery. Obviously, we won't use AI for anything illegal or unethical, e.g., spreading false information, cyberbullying, harassment or anything else we deem inappropriate.

  
How we keep things top secret:

  • We don't share secrets: We take privacy seriously. Our clients trust us with their secrets, and we must keep them safe. So, no loading of confidential information into any AI tool, capisce?

  • Use AI tools selectively: Sketchy AI? Nah, we're after the ones with stellar reputations that match our high standards. We evaluate the security of any AI tool before using it. This includes reviewing the tool's security features, terms of service, and privacy policy.

  • Compliance with security policies: Our regular security rules apply here too. Use strong passwords, don't share access outside of Brainchild, keep everything up-to-date, and follow our data retention and disposal policies.
     

Other things to consider:

  • AI isn't always the answer: If you're wondering whether AI is appropriate for a specific scenario, chances are, it isn't. If you'd feel awkward revealing it, it's likely better to reconsider.

  • You should always feel comfortable sharing your AI prompts: This not only helps us master these tools but also stops us from seeking skewed results ("Why are Millennials selfish?"). Plagiarism's a no-go, too ("Can you mimic Coca-Cola's style?"). Transparent inputs remind us to craft prompts we'd flaunt without hesitation.

  • Guard against bias: Let's stay vigilant against bias. AI has been known to be wildly sexist and racist. Let's not let AI get away with it on our watch.

  • We take our client's lead: If a client prohibits staff (and/or contractors) from using generative AI tools, we won't use them to generate any work for that client.

  • Generative AI is covered by the Privacy Act 2020: New Zealanders can complain to the Commissioner if they believe their privacy has been breached. Staff should familiarise themselves with Read the Office of the Privacy Commissioner's guidelines on using Generative Artificial Intelligence.

  • Remember the PRINZ Code of Ethics: We are bound by this already, and when traversing unfamiliar terrain like AI, it is even more important to keep the code front of mind.

 

Review & Revision:

As the technology evolves, so too will this policy. We'll update this regularly (and keep debating and discussing the merits of AI along the way).

Terms & conditions

1. SCOPE

1.1 Brainchild Limited (Company) offers services including Public Relations, Media & Marketing Strategy (Services) which may include providing products including intellectual property, literary works and other materials (Products).

1.2 In consideration for payment of the Company’s fees (Fees), the Company agrees to provide the Services and Products to the Customer (Customer) on the terms of any quote provided (Quote) and on the terms of these terms of trade (referred to both as Terms, and Agreement) 

1.3 Unless otherwise agreed in writing with the Company, Fees on all projects will be payable as follows:

(a) 50% on acceptance of the project proposal or quote for the Services; and

(b) 50% (plus any delivery cost once the Services are complete).

1.4 The Fees are due for payment within 7 days of issuing the Fee to the Customer (Fee Due Date).

2. FEES AND PAYMENT

2.1 The Customer must pay the Fees.

2.2 Due to the nature of the Services undertaken by the Company, all Quotes are subject to change, unless the Company expressly agrees in writing that a Quote will not change. 

2.3 Any Quotes provided by the Company are based on the information provided by the Customer.  Where circumstances change, the Company will be entitled to revise the terms of any Quote, including any Fees payable within any Quote.  Where the Company anticipates that a Quote will need to be revised, it will use reasonable endeavours to advise the Customer within a reasonable timeframe.

2.4 All sums payable by the Customer under this Agreement shall be made in full without set-off or counterclaim and, except to the extent required by law, free and clear of any deduction on account of tax or otherwise.

2.5 If the Customer fails to pay any amount due under this Agreement on the Fee Due Date, the Company may without prejudice to its other rights, require the Customer to pay interest on the amount due from the due date until the date of payment, at a rate equal to 14% per annum, (in addition to the Customer remaining liable for the full amount outstanding) and will remain the sole owner of all Intellectual Property devised under this Agreement.

2.6 All Fees noted in this Agreement are in New Zealand dollars and are GST exclusive unless stated otherwise.

3. RETAINER

3.1 The Company may from time to time agree to act for a Customer on an ongoing basis.   Any such arrangement will only be effective if it has been made in writing, and the Customer will pay a monthly retainer payable in advance (Retainer).

3.2 The Company shall be entitled to revise the amount of the Retainer that the Customer will be required to pay by providing the Customer not less than one (1) month’s written notice to the Customer of the new Retainer.

3.3 The Customer or Company are entitled to terminate the Retainer by providing not less than 30 days’ notice.  The Company shall not be entitled to refund any part of the Retainer paid in advance to the Company.

3.4 If the Customer fails to pay the Retainer when due, the Company will enforce clause 2.5.

4. TIMING AND TITLE

4.1 The Company retains the full legal and beneficial rights, title and interest in all Products until full payment of the associated Fees and delivery costs for the Services.

4.2 The Company will endeavour to deliver Products and complete their Services in a timely manner, but will not be liable to the Customer for any loss or damage arising in any way from any delay in delivery or performance.

4.3 Products supplied by the Company under this Agreement is at the risk of the Customer upon removal from the Company’s premises and the Customer has sole liability for any loss of Product caused by any carrier or other agent engaged by either party for the purpose of delivery to the Delivery Address.

4.4 Property and ownership in the Products, whether in their original form or incorporated in, co-mingled with or attached to another product, will not pass to the Customer but will remain with the Company until the Company receives payment in full of all Fees associated with the Products and associated Services and all other amounts that may be owed to the Company for any reason.

4.5 Until property passes to the Customer, the Customer shall hold any Products and proceeds of all kinds in trust in a fiduciary capacity for the Company as bailee, and store or use them in a manner to enable them to be identified and cross-referenced to particular invoices.

4.6 Notwithstanding clause 3.5, the Customer agrees to grant the Company a security interest in the Product until it has been paid for in full (Security Interest). 

4.7 The Customer agrees to do all acts necessary and provide the Company on request all information required to register a financing statement over the Products.  The Customer waives the right to receive a verification statement.

5. LIABILITY

5.1 The Customer expressly agrees with the Company that the Customer has sole and exclusive risk and liability for the use, supervision, management, control and security of any Product delivered to the Customer, from the time the Product is removed from the Company’s premises.  The Customer has sole liability for any loss of Product caused by any carrier or other agent engaged by either party for the purpose of delivery to the Delivery Address.

5.2 The Company is not liable at any time under or in relation to this Agreement for any defect in the Product or Services resulting from any action or omission by the Customer or any third person, including any failure to take all due and reasonable care of the Product.

5.3 The Customer expressly agrees with the Company that for the purposes of the creation of this Agreement:

(a) the Customer has not relied upon any representation or warranty by the Company that is not contained in the Quote or this Agreement; and

(b) the Customer has made its own independent assessment of any information connected with or relevant to this Agreement or the Product and relied exclusively upon that assessment.

6. PROTECTION OF INTELLECTUAL PROPERTY

6.1 For the purposes of this Agreement, Intellectual Property means all rights, including copyright, patents, designs, trademarks, trade names, goodwill rights, trade secrets, confidential information and any other intellectual property or proprietary right in or relating to the Product or Services.

6.2 All Intellectual Property supplied or created under this Agreement will be owned by the Company, unless the Company has agreed in writing that the Customer will own the Intellectual Property, in which case ownership of the Intellectual Property will pass to the Customer once the Customer has paid for the Intellectual Property and any other agreed sums, provided the Customer is not otherwise in breach of this Agreement.

6.3 The Company reserves the right to use the Intellectual Property for promotional purposes such as in portfolios, in case studies, on social media, and on the Company’s website.

6.4 If the Company owns the Intellectual Property in the Product and/or Services:

(a) The Company grants to the Customer a perpetual and transferable licence to use the Products or Services and to use the Intellectual Property for that purpose (if required) (Licence).

(b) The Licence does not allow the Customer to manufacture the Product or cause any other person or entity to manufacture the Product, but the Customer can maintain the Product.

6.5 The Customer must not, nor may it permit, any other person to do any act that would or might invalidate or be inconsistent with the Company’s rights in the Intellectual Property.

6.6 The Customer must, at the Company’s expense, take all such steps as the Company may reasonably require to assist the Company to maintain the validity and enforceability of the Company’s rights in the Intellectual Property.

6.7 The Customer must notify the Company of any actual, threatened or suspected infringement of its rights in the Intellectual Property and of any claim by any third party that any use of the Product infringes any rights of any other person, as soon as that infringement or claim comes to the Customer’s notice.  The Customer shall (at the Company’s expense) do all such things as may reasonably be required by the Company to assist the Company in pursuing or defending any proceedings in relation to any such infringement or claim.

6.8 The Customer indemnifies the Company against any loss, costs, expenses, demands or liability, whether direct, indirect, consequential or otherwise, and whether arising in contract, tort (including in each case negligence), or equity or otherwise, arising out of a claim by a third party alleging infringement of that third party’s Intellectual Property rights if such claim arises from infringement, suspected infringement or alleged infringement due to a breach by the Customer of clause 6.

6.9 The Customer acknowledges that the Company may use its own know-how, copyright, patents, designs, technical data, trade secrets and other intellectual property (Company’s IP) to create the Product, Services and IP.  The Customer agrees that the Company’s IP shall remain owned by the Company, and the Company agrees to grant a non-exclusive license to the Customer to use the Company’s IP to the extent necessary for it to use the Product for its intended purpose.

6.10 If the Customer owns the Intellectual Property in the Product and or Services:

(a) The Customer grants to the Company a perpetual and non-exclusive license to use the Intellectual Property to the extent necessary to develop and manufacture the Product or provide the Services; and

(b) the Company is entitled to use that licence to manufacture and supply the Product or Services to any third party unless otherwise specifically agreed in writing.

7. LIMITATION OF LIABILITY

7.1 The Company shall not have any liability or responsibility to the Customer for any loss which does not flow directly or naturally (i.e. in the ordinary course of things) from a breach of this Agreement including, in each case consequential loss of business or profits or other loss.  The Company shall only be liable for losses (excluding loss of business or profits) which flow directly or naturally from a breach of this Agreement up to a maximum of the amount paid by the Customer to the Company for the amount paid for the Product or Services.

7.2 The Customer shall not provide any warranty or make any representation to any person concerning the quality, performance or other characteristics of the Product or the basis of its supply, unless such warranty or representation has been expressly authorised by the Company in writing.

7.3 The Customer indemnifies the Company against any losses, costs (including solicitor and client costs), expenses, demands or liability, whether direct, indirect, consequential, or otherwise, and whether arising in contract, tort (including in each case negligence), or equity or otherwise, incurred as a result of any warranty or representation made to a third party by the Customer in contravention of clause 7.2.

8. SUSPENSION AND TERMINATION

8.1 The Company may suspend their obligation to supply the Product or Services if a dispute is raised in accordance with clause 11 until that dispute has been resolved.

8.2 The Company may terminate this Agreement by providing written notice of not less than 30 days to the Customer.

8.3 The Customer may terminate this Agreement by providing written notice of not less than 30 days’ months to the Company.

8.4 If the Customer terminates this Agreement for any reason the Company reserves the right to charge the Customer all hours logged to date for completing the Services at a rate of $250.00 per hour.

8.5 Either party may terminate this Agreement immediately by notice in writing, upon:

(a) the other party committing any breach of this Agreement that is incapable of remedy;

(b) the other party failing to remedy any breach of this Agreement that is capable of remedy within 30 days of notice of that breach having been given by the non-defaulting party to the other party; and

(c) the commencement of liquidation or the insolvency of the other party (except for the purposes of solvent amalgamation or reconstruction) or upon the appointment of a receiver, statutory manager or trustee of the other party’s property.

9. CONFIDENTIALITY, SECURITY AND PUBLICITY

9.1 The parties recognise and acknowledge the confidential nature of any information which is or has been disclosed by one party to the other, but does not include any information that is (such information to be Confidential Information):

(a) on receipt, in the public domain or that subsequently enters the public domain without any breach of this Agreement;

(b) on receipt, already known by the party receiving it;

(c) at any time after the date of receipt, received in good faith from a third party; and

(d) required by law to be disclosed.

9.2 Neither party may use or disclose any Confidential Information other than:

(a) to its employees to the extent necessary;

(b) with the express prior written consent of the other party; and

(c) to its professional advisers.

9.3 Neither party may advertise or publicly announce any matter relating to the existence or the contents of this Agreement without the other party’s prior written consent.

9.4 The Customer shall indemnify the Company against any losses, costs (including solicitor and client costs), expenses, demands or liability whether direct, indirect, consequential, or otherwise and whether arising in contract, tort (including in each case negligence), or equity or otherwise incurred because of any unauthorised disclosure or use of the Confidential Information by the Customer or any of its employees.

10. FORCE MAJEURE

10.1 Either party may suspend its obligations to perform this Agreement if it is unable to perform as a direct result of war, riot, strike, natural or man-made disaster, epidemics, pandemics or other circumstances of a similar nature (Force Majeure Event). Any such suspension of performance must be limited to the period during which the Force Majeure Event continues.

10.2 Where a party’s obligations have been suspended pursuant to clause 10.1 for a period of 30 days or more, the other party may immediately terminate this Agreement by giving notice in writing to the other party.

11. DISPUTE RESOLUTION

11.1 Where any dispute arises between the parties concerning this Agreement or the circumstances, representations, or conduct giving rise to the Agreement, no party may commence any court or arbitration proceedings relating to the dispute unless that party has complied with the procedures set out in this clause 11.

11.2 The party initiating the dispute (“the first party”) must provide written notice of the dispute to the other party (“the other party”) and nominate in that notice the first party’s representative for the negotiations.  The other party must within seven (7) days of receipt of the notice give written notice to the first party, naming its representative for the negotiations. Each representative nominated shall have the authority to settle or resolve the dispute.

11.3 If the parties are unable to resolve the dispute by discussion and negotiation within 14 days of receipt of the written notice from the first party, then the parties must immediately refer the dispute to mediation.

11.4 The mediation must be conducted in terms of the LEADR New Zealand Inc Standard Mediation Agreement. The mediation must be conducted by a mediator at a fee agreed by the parties.  Failing agreement between the parties, the mediator shall be selected and his or her fee determined by the Chair for the time being of LEADR New Zealand Inc.

12. WARRANTY:

12.1 Where the Customer is a company, the person(s) signing this agreement on behalf of the Customer personally warrant(s) that that person or those persons have the power to enter into, and have properly signed this Agreement in accordance with the terms of the Companies Act 1993 and/or the Customer’s constitution; and the Customer will perform its obligations under this Agreement.

13. GENERAL

13.1 The Customer shall not assign its rights under this Agreement without the Company’s consent, which shall not be unreasonably withheld.

13.2 This Agreement constitutes the complete and exclusive statement of the agreement between the parties, superseding all proposals or prior agreements, oral or written, and all other communications between the parties relating to the subject matter of this Agreement.

13.3 No amendment to this Agreement will be effective unless it is in writing and signed by both parties.

13.4 No exercise or failure to exercise or delay in exercising any right or remedy by a party shall constitute a waiver by that party of that or any other right or remedy available to it.

13.5 The agreements, obligations and warranties contained in this Agreement shall not merge on completion of the transactions contemplated by it but shall remain in full force until satisfied.

13.6 This agreement may be executed in two or more counterparts, all of which together will be deemed to constitute one and the same agreement.

13.7 This Agreement shall be governed by New Zealand law, and the parties submit to the non-exclusive jurisdiction of the courts of New Zealand.

NZ PR agency, based in Hamilton,working with brands across New Zealand. 

hello@brainchild.co.nz
0211 824 820

Level 1, 1 Ward Street
Hamilton 3204