The Testimonial Consent Form is a crucial document for businesses operating in New Zealand that wish to utilize customer or client testimonials in their marketing and communication materials. This document becomes necessary whenever an organization seeks to collect and publish testimonials, reviews, or endorsements from individuals about their products, services, or experiences. The form ensures compliance with New Zealand's Privacy Act 2020, Fair Trading Act 1986, and relevant advertising standards, while protecting both the organization and the testimonial provider. It establishes clear parameters for how testimonial content can be used, includes necessary privacy protections, and provides a framework for obtaining informed consent. Organizations should implement this form before collecting or using any testimonials, particularly in sectors where customer trust and privacy are paramount.
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1. Parties: Identifies the organization collecting the testimonial and the individual providing it, including full legal names and contact details
2. Background: Brief context about the purpose of the testimonial and the relationship between the parties
3. Definitions: Key terms used in the form including 'Testimonial', 'Marketing Materials', 'Content', and 'Media'
4. Testimonial Content: The actual testimonial statement or content being provided, including any quotes, images, or video content
5. Consent Declaration: Clear statement of consent for the use of the testimonial and understanding of its implications
6. Usage Rights: Specific permissions granted for using the testimonial, including platforms, duration, and territories
7. Privacy Statement: How personal information will be collected, stored, and used in accordance with the Privacy Act 2020
8. Signatures: Space for dated signatures of both parties, including witness signature if required
1. Compensation: Details of any payment or consideration provided for the testimonial, if applicable
2. Right of Review: Option for the testimonial provider to review and approve final content before publication
3. Withdrawal Rights: Terms under which the testimonial provider can withdraw their consent
4. Minor Consent: Additional section required when the testimonial provider is under 18, including parent/guardian consent
5. Translation Declaration: Required when the testimonial provider's primary language is not English
6. Medical Disclaimer: Required for health-related testimonials to comply with medical advertising regulations
1. Schedule 1 - Testimonial Content: Full version of the testimonial content, including any photographs or media files
2. Schedule 2 - Approved Usage Formats: List of specific formats and contexts where the testimonial may be used
3. Schedule 3 - Personal Information: Details of what personal information will be displayed with the testimonial
4. Appendix A - Privacy Policy: Organization's privacy policy regarding testimonial use and personal information handling
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