We are committed to protecting and respecting your privacy.
1 WHAT INFORMATION DO WE COLLECT?
1.1 In order to provide and operate, we may collect, store and process the following information:
1.1.1 personal information, being information about an identifiable individual such as the individual’s full legal name, date of birth, driver's licence number, passport number, marital status, postal or residential address, email address, telephone number, nationality, income, bank account details, and taxation details;
1.1.2 accounting and financial information relating to your investment portfolios; and
1.1.3 non-identifiable information relating to your use of the Services such as device-related information (browser type, IP (internet protocol) address) and server log information (date and time of day of your visit and pages you accessed). We also collect information that you input into the Website.
2 HOW DO WE COLLECT THE INFORMATION?
2.1 The information specified in clause 1.1 above may be collected through various means, including through forms that are filled in by you, or in other communication with us such as by phone, email or post. Information is collected in a number of circumstances including:
2.1.1 information that is provided to us in connection with an application to become an investor;
2.1.2 records of correspondence where we are contacted, including by phone, email or post;
2.1.3 details of transactions that are carried out through the Website and InvestNow; and
2.1.4 details of visits to the Website and the resources that are accessed through the Website.
2.4 Where requested to do so by us, you agree to assist us with any requests by the individual to access or update the personal information you have collected from them and provided to us.
3 USES MADE OF THE INFORMATION
3.1 The purposes for which information may be used by us in and outside New Zealand include (each a Purpose):
3.1.1 as will be required by law, such as in connection with our obligations under know-your-client (KYC), anti-money laundering and countering financing of terrorism (AML/CFT) and Inland Revenue (IRD) regulation;
3.1.2 in connection with the operation, such as (without limitation) processing of applications, redemptions, transfers, deposits, payments, generating reports and record keeping of investment portfolios;
3.1.3 carrying out our obligations arising from any contracts entered into between you and us;
3.1.4 ensuring that content from the Website is presented in the most effective manner for you and for your computer;
3.1.5 providing you with alerts, newsletters or information that you requested or signed up to;
3.1.6 complying with laws and regulations applicable to us or any of our related companies (as defined in the Companies Act 1993) in or outside New Zealand;
3.1.7 legal proceedings, including collecting overdue amounts and seeking professional advices;
3.1.8 researching, designing and launching services or products including seminars/events/forums;
3.1.9 promoting and marketing services and products subject to your exercise of the opt-out right (please see further details in Clause 11.3 below); or
3.1.10 purposes directly related or incidental to the above.
4 DISCLOSURE OF THE INFORMATION
4.2 We may disclose your personal information to Government entities and other external data providers that hold information on you in order to verify that the information provided by you is consistent with the records held by such entities for the Purpose of complying with our KYC and AML/CFT obligations;
4.3 We will not otherwise disclose your personal information to a third party unless you have provided your consent. However, you should be aware that we may be required to disclose your personal information without your consent in order to comply with any court orders, subpoenas, or other legal process or investigation including by tax authorities, if such disclosure is required by law. Where possible and appropriate, we will notify you if we are required by law to disclose your personal information.
5.2 Cookies are small text files they are stored by your browser onto your computer or mobile device. They are widely used in order to make websites work or work in a better, more efficient way. They can do this because websites can read and write these files, enabling them to recognise you and remember important information that will make your use of a website more convenient (eg by remembering your user preferences).
5.3 To help you understand cookies, we have classified each cookie as one of the following:
5.3.1 Strictly necessary cookies. These cookies are essential to the operation of a website enabling a user to effectively move around and to use a website’s features, such as remembering information entered on forms when a user moves between pages within a browser session. Without strictly necessary cookies, certain services on our Website may not be made possible and our Website may not perform as smoothly as it should .
5.3.2 Analytical/performance cookies. These collect information about the use of a website and help to improve the way a website works. For example, performance cookies may show which are the most frequently visited pages, help to record any difficulties with a website and show whether advertising on a website is effective or not. This helps us to improve the way our Website works, for example, by ensuring that users are finding what they are looking for easily. Performance cookies do not collect information that identifies a user personally and all information that is collected by these cookies is aggregated and anonymous.
5.3.3 Functionality cookies. These allow a website to remember the choices you make and to provide enhanced and more personal features. Functionality cookies also remember changes you have made, such as customising a certain webpage and for other services you request such as watching a video or commenting on a blog. This enables us to personalise our content for you, greet you by name and remember your preferences. Functionality cookies will not track your activity on other websites.
5.3.4 Targeting/advertising cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
5.6 You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of the Website.
6 LINKS TO OTHER WEBSITES
7 SECURITY AND PROTECTION OF THE INFORMATION
7.1 All information you provide to us is stored on secure servers. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our Website, you are responsible for keeping this password confidential and secure. We ask you not to share a password with anyone.
7.2 Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal information, we cannot guarantee the security of your data transmitted to our Website; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to protect your personal information from misuse, loss and unauthorised access.
7.3 We will never contact you to ask you to disclose your security credentials. Be cautious about opening links contained in SMS messages or emails and beware of phishing scams.
8 WHERE DO WE STORE THE INFORMATION?
8.1 We may store your Data on server in New Zealand. We may also transfer your data to people or entities listed at Clause 4 above, who may be located in or outside of New Zealand.
9 RETAINING THE INFORMATION
9.1 We only retain information for so long as it is necessary for the purposes for which the information can lawfully be used or longer if required by applicable laws such as obligations under KYC, AML/CFT and IRD regulations.
11 YOUR CONSENT AND RIGHTS
11.2 Under the New Zealand Privacy Act 1993, and other relevant law, whether your Data is stored in New Zealand or offshore you have the right:
11.2.1 to check whether we hold personal data about you and to access such data;
11.2.2 to request us to correct as soon as reasonably practicable any data relating to you that is inaccurate;
11.2.3 to ascertain our policies and practices in relation to personal information and the kind of personal information held by us; and
11.2.4 to object to the use of your personal data for marketing purposes and we shall not use your personal data for marketing purposes after you communicate your objection to us.
11.3 You may exercise your opt-out right to non-essential communications by notifying us if you wish to object to the use of your personal information for direct marketing purposes. Please send requests for such objections, access to data, correction of data, information regarding policies and practices and kinds of data held, questions or complaints to firstname.lastname@example.org
11.4 We will deal with any complaint by investigating the complaint, and providing a response to the complainant within 20 business days, provided that we have all necessary information and have completed any investigation required. In cases where further information, assessment or investigation is required, we will seek to agree alternative time frames with you.
11.5 In accordance with the Privacy Act 1993, in some circumstances, we have the right to and may charge a reasonable fee for processing any data access request.
12 GOVERNING LAW AND JURISDICTION