Privacy
Policy

We adopt and are bound by the New Zealand Information Privacy Principles contained in the Privacy Act 2020 (“the Act”). Unless you give your express consent otherwise, the following policy governs how we handle your Personal Information and safeguards your privacy. By providing your Personal Information to us you agree to this policy.

Note: Third-party internet sites accessible via the above-mentioned website, including websites that may be independently owned and operated by individual NZ Proud franchisees, may have separate privacy and data-collection practices not controlled by NZ Proud. NZ Proud takes no responsibility for those independent policies and will not be liable for any actions of third parties in relation to privacy. It is recommended that you refer to those sites’ own privacy policies to learn how they collect and use your Personal Information.

We are bound by the Act and the Information Privacy Principles (IPP) which regulate the collection, use and disclosure of Personal Information.

The Act allows for Personal Information as defined in the Act about you to be collected, used and disclosed, provided we have provided you with notice and in certain circumstances also obtained your consent.

We reserve the right to review and from time to time, update, revise, amend or replace this Privacy Policy by posting any changes to it on our website or by giving you 7 days written notification of any change.

This Privacy Policy is available on our website, at our head office and may also be made available to you when requested.

What Personal Information we collect:

Generally, the type of Personal Information collected by us includes your name, address, telephone numbers, email addresses, payment details including credit card and debit card details. We may ask for your date of birth although it will be optional for you to provide these details.
From time to time, photos may be taken and used for marketing and promotional purposes which may include images of franchised businesses and franchisees, completed renovations and builds, employees or employees of franchisees and/or clients, from which individuals may be able to be identified. If you are an employee of NZ Proud your photo may be used within NZ Proud to identify you, including by being electronically attached to your email address.

Via Social Media Sites, we may be able to obtain other information about you which may itself constitute Personal Information or which, when combined with other information, is capable of identifying you, including photos, videos and any other information that you include on our Social Media Sites or sites linked to our Social Media Sites (“Other Sites”). The level of information to which we have access may depend on your privacy settings on such Other Sites.

The type of information that we collect, and hold may depend on your relationship with us. For example:

Candidate: if you are a candidate seeking employment with us, we may collect and hold information including your name, address, email address, contact telephone number, gender, age, employment history, references, resume, medical history, emergency contact, taxation details, qualifications, and payment details.

Client: if you are a client of ours, we may collect and hold information including your name, address, email address, contact telephone number, gender, age, photos of the renovations at your property, and bank details.

Supplier: if you are a supplier of ours, we may collect and hold information including your name, address, email address, contact telephone number, business records, billing information, and information about goods and services supplied by you.

Franchisees. If you are a franchisee, we require company details including NZBN and/or New Zealand company number, financial information including bank account and credit card details, profit and loss statements, balance sheets, weekly takings information, sales data and other business related information which may contain Personal Information.

If you feel that the Personal Information that we are requesting at any point is not information that you wish to provide, please feel free to raise this with us.

Why we collect Personal Information from you

We collect Personal Information that is reasonably necessary for one or more of our functions or activities as follows:

Clients:

• collect Personal Information in order to identify you and your property,
• credit information
• payment information
• pictures of the property including ‘before’ and ‘after shots.

Candidates:

• if you are a candidate seeking employment with us, we may collect and hold Personal Information from you to assess your suitability for employment with us.

Suppliers:

• if you are a supplier of Ours, we may collect and hold Personal Information from you to ensure we can adequately identify you and arrange payment as necessary.

Franchisees:

• if you are a franchisee we may collect and hold Personal Information including work experience, gender, referee details.

How we collect Personal Information from other sources

We can collect Personal Information about you from other sources in any manner permitted by the Act. We will only collect Personal Information from other sources where it is reasonably necessary for us to do so in relation to, or in connection with, any services we are supplying in connection with our real estate and/or strata agency business. Examples of such sources of Personal Information include:

• from your agents, other owners, insurers and underwriters, contractors, legal, financial and other advisors in relation to or in connection with the proposed renovation, franchise or employment.
• from public registers
• from publicly available information;
• by requesting information or material from us;
• completing surveys, providing feedback or complaining to us;
• publicly available sources of information or any other organisations where you have given your consent;
• Ministry of Justice criminal checks;
• police checks;
• credit checks; and
• social media.

How your Personal Information may be used

We may collect, use and disclose your Personal Information for the following purposes including:

• to provide statistical and other information to industry bodies and regulators;
• to allow us to run our business efficiently and to perform administrative and operational tasks;
• to comply with any dispute resolution or other legal process;
• in order to update our records and your contact details;
• if we enter into or propose to enter into any agreement or arrangement with any party for the purpose of, or in connection with, the acquisition of our business (including any part of our business that includes Personal Information), then we may provide that party (including its legal, financial and other professional advisers) with Personal Information in relation to or in connection with those arrangements;
• to conduct marketing including using photos of properties; email marketing and promotional activities;
• to do building renovations;
• to advertise our business via websites, social or print media;
• supplying our products and services to you;
• providing quality assurance for our products and services;
• responding to your enquiries and feedback regarding our business, our products and services;
• monitoring the performance of our business and our franchisees;
• enforcing the terms and conditions of any contract or arrangement with you; and
• ensuring compliance with statutory and legal obligations.

In relation to the Personal Information of franchisees and candidates, the purposes include those mentioned above and the following:

• conducting appropriate credit checks;
• verifying information required under the franchise agreement, including by accessing and assessing information received from suppliers, trade referees, insurers, banks, local municipal council or any other entity;
• to confirm and enforce compliance with the franchise agreement and any other contract or arrangement, including but not limited to, ensuring you are complying with the terms and conditions you have with your suppliers of goods and services;
• providing franchisee support;
• all things of or incidental to carrying out our role as a franchisor.

You can tell us at any time if you no longer wish to receive direct marketing information or offers from us. We will process your request as soon as reasonably practicable after receipt of the request.

How we share your Personal Information

Sharing Personal Information with third parties

We may seek and use Personal Information about you from, and use or disclose Personal Information about you to, third parties in relation to or in connection with the potential or actual rental of a property, the sale and purchase of a property or other business or administrative functions for the real estate and/or strata agency. These third parties may include:

• your representatives, lawyers, accountants, brokers;
• your financier including any mortgage brokers that may be assisting you with any existing mortgage loan or application in relation to the renovation or purchase of franchised business;
• valuers, surveyors, insurers, re-insurers, claim assessors and investigators;
• financial institutions including deposit taking institutions;
• organisations in and associated with debt collecting;
• law enforcement agencies;
• government and/or regulatory bodies;
• mailing houses and telemarketing agencies that assist us to communicate with you;
• if we enter into, or propose to enter into, any agreement or arrangement with any party for the purpose of, or in connection with, the acquisition of our business (including any part of our business that includes Personal Information), that party (including its legal, financial and other professional advisers) to provide Personal Information in relation to or in connection with those arrangements; and
• service providers including IT and data consultants, agents, contractors and advisers that assist us to conduct our business.

Sharing Personal Information with related companies

We may share Personal Information about you with our related companies for any of the purposes described above.

Clients and suppliers

If you are a Client or a supplier, your Personal Information will usually only be accessible by the NZ Proud that has collected it (such as a franchisee). However, on occasion this information may need to be disclosed to NZ Proud National Limited (as franchisor) and to third parties, but will be disclosed only to the extent that the disclosure facilitates any of the above mentioned purposes.

We do not and will not rent, sell or otherwise disclose your Personal Information to any other company or organisation, without your prior consent, where that consent is required by law.

We will take all reasonable steps to ensure that your Personal Information is protected against loss, access, use, modification, disclosure or any other misuse.

Franchisees, employees and independent contractors

If you are a franchisee or employee or independent contract of a franchisee, your Personal Information may be disclosed to NZ Proud National Limited as franchisor and to third parties as necessary to facilitate any of the above mentioned purposes.

You consent to our use and disclosure of your Personal Information in the following ways:

• some Personal Information of franchisees, franchisee’s weekly takings information and profit and loss statements and other financial results information, being available to be viewed by other franchisees;
• franchisees’ details will be provided to our lawyers, for the production of legal franchising documentation and of or incidental to any matter requiring us to seek legal advice or assistance;
• franchisees’ details will be provided to third party consultants who may from time to time manage all or part of our database or computer systems or internet sites;
• to a third party where we outsource any of our functions, including but not limited to development, production and/or printing of advertising and marketing material and campaigns, including where such material contains photos or video of individuals;
• to the general public, for example, via or via media when photographs or video are used in advertising material or campaigns;
• some employees’ Personal Information will be supplied to third parties to enable such employees to carry out their roles as our employees.

If you are a franchisee, you also consent to NZ Proud having access to information relating to your accounts with your suppliers, including but not limited to, copies of invoices and statements. This is to enable NZ Proud to ensure you are complying with your franchise agreement

If you do not provide Personal Information

If you do not provide your Personal Information to us, it may not be possible to provide you with the service that you have requested or applied for, for example:

• if Personal Information is not disclosed in relation to the renovation,then we will not be able to provide fee estimates in relation to the work.
• if Personal Information is not disclosed in relation to a franchise application,we will not be able to accurately assess your suitability as a franchisee.
• to let you know about other services we provide that might be suitable for your needs (unless you opt out of this by telling us that you do not wish to receive such information)

Anonymity and pseudonymity

We are not always able to deal with people who do not wish to identify themselves. This will be particularly the case when we are proposing to, or we do, act an owner of a property that wishes to undertake renovations on that property or a potential franchisee.

However, where possible, we can provide information of a general nature such as, for example, we can respond to general telephone and related enquiries about a renovation or franchise opportunity. If an individual makes an enquiry by email or other electronic or written methods then there is every possibility that the mode of communication may identify you.

Security

We take reasonable steps to protect all information which we hold (including any personal or sensitive information) from misuse, loss, unauthorised access, modification or disclosure.
As our website is linked to the internet, and the internet is inherently insecure, we cannot provide any assurance regarding the security of transmission of information you communicate to us online. We also cannot guarantee that the information you supply will not be intercepted while being transmitted over the internet. Accordingly, any Personal Information or other information which you transmit to us online is transmitted at your own risk.

Links

Our website and Social Media may contain links to other websites/other social media sites operated by third parties. We make no representations or warranties in relation to the privacy practices of any third party website/social media site and we are not responsible for the privacy policies or the contents of any third party website/social media site. Third party websites/social media are responsible for informing you about their own privacy practices.

Marketing and opt-out

We may also use the information, including Personal Information, provided by you for marketing and research purposes, to analyse and improve products, services and benefits and to inform you of products, services and benefits provided by us, our related entities, suppliers or sponsors which we consider may be of value or interest to you, unless you tell us, or have previously told us not to. We will not use your Personal Information for these purposes without your consent.

Cookies

When you access our website, we may send a “cookie” (which is a small file containing a unique ID number) to your computer or device. This enables us to recognise your computer or device. It also enables us to keep track of your activity on our website for a period of time. We also use cookies to measure traffic patterns, to determine which areas of our website have been visited and to measure transaction patterns in the aggregate. We use this to research our users’ habits so that we can improve our online products and services. Our cookies do not collect Personal Information. If you do not wish to receive cookies, you can set your browser so that your computer does not accept them.

We may log IP addresses (that is, the electronic addresses of computers and devices connected to the internet) to analyse trends, administer the website and track users movements.

Accessing your Personal Information

You have the right to request access to any Personal Information held by us which relates to you. Any requests for access to your Personal Information should be made in writing to the Privacy Officer (details specified below). You also have the right to request the correction of any Personal Information which relates to you that is inaccurate, incomplete, irrelevant, misleading or out-of-date. We will respond within 10 days to any request regarding Personal Information held by us.

We may refuse you access to Personal Information if (among other things):

• disclosing the information would disclose Personal Information about another individual;
• the request is frivolous or vexatious or the information request is trivial;
• the information is not readily retrievable;
• the information does not exist or cannot be found.

We will inform you of our decision, and if refused the reasons why, within 10 days of you making the request.

‍Complaints

‍If you believe that your privacy has been breached, please contact us using the contact information below and provide details of the incident so that we can investigate it. We will deal with the complaint in accordance with our then current complaints handling procedure.

If you require any further information about our management of Personal Information or have any queries or complaints, you should contact:

Privacy Officer
Fiona Rogers
fiona@nzproud.nz