Privacy
PRIVACY
POLICY
Nowsnapp is committed to protecting and respecting your privacy.
This privacy policy
(together with our Terms of Use and any other documents referred to in it) sets
out the basis on which any personal information we collect from you, or that
you provide to us, will be processed by us. Please read the following carefully
to understand our views and practices regarding your personal information and
how we will treat it.
This privacy policy is intended to provide you with
transparent information about how we treat the personal information that we
collect and process. Our protocols are based on the Information Privacy
Principles in the New Zealand Privacy Act 1993 (Privacy Act), and if you
are based in the European Union at the time we are processing your personal
information, the European Union General Data Protection Regulation (GDPR).
(b)
if you contact us, we may keep a record of that
correspondence;
(c)
details of transactions you carry out through
our site and of the fulfilment of your orders;
(d)
details of your visits to our site or App and
the resources that you access.
1.2
Where reasonably practical we aim to collect
personal information directly from the person who is the subject of the
personal information (the data subject). However,
we may collect personal information about data subjects from other sources
where we believe on reasonable grounds that:
(a)
the personal information is publicly available
information;
(b)
the data subject has authorised the collection
of their personal information from someone else; or
(c)
any other situation where the exceptions in
section 6(2) of the Privacy Act may apply (or, where applicable, in accordance
with and subject to Article 14 of the GDPR).
1.3
We collect the personal information outlined in
this Privacy Policy when people register for, and use, the site, through
cookies on the site, using analytics tools imbedded in the site, and directly
from people (including via web forms or similar methods of input on the site,
and information provided to us by email, phone, or in person). Further
information on “Cookies” is set out later in this privacy policy.
1.4
We only retain personal information for so long
as it is necessary for the purposes for which the
personal information can lawfully be used. However, notwithstanding anything in this Policy, we may retain personal
information in an aggregated and non-identifying form.
2
How we process your personal information
2.1
The legitimate purposes for which information
may be processed by us include:
(c)
carrying out our obligations arising from any
contracts entered into between you and us;
(d)
allowing you to participate in interactive
features of our service, when you choose to do so;
(g)
legal proceedings, including collecting overdue
amounts and seeking professional advices;
(h)
to protect the rights, property and safety of
Nowsnapp or any user of the site or App (or any of their employees or
contractors);
(i)
researching, designing and launching services or
products including seminars/events/forums;
(ii)
reward, loyalty or privileges programmes,
promotional offers and related services; and
(c)
We may conduct direct marketing via fax, email,
direct mail, telephone and other means of communication or send e-newsletters
to you. You may choose not to receive promotional materials, by simply telling
us (see below for contact details) or using the unsubscribe
facility, and we will cease to do so, without charge.
Our legal basis for processing your personal information
2.4
Performance of a contract: You acknowledge and agree that the processing identified below is necessary for the performance of a contract
to which you are a party:
(a)
to carry out customer administration tasks, and
to manage and deliver services; and
(b)
to manage any disputes (including disputes over
invoices or delivery of services).
2.5
Legitimate interest: You acknowledge and agree that the processing identified below is
necessary for legitimate interests pursued by us, and that such interests are
not overridden by your interests or your fundamental rights and freedoms which
require protection of personal data:
(a)
to personalize, market and advertise, and to
canvass for prospective customers.
(b)
to analyse user behaviour, preferences and
intentions for the purpose of marketing additional services, or determining service
developments;
(c)
on an aggregate basis, to deliver statistical
results that may help us make announcements, and to help in planning and
decision making about the services and our market position;
(d)
to ensure the security of the site and the App;
(e)
to combat and prevent breaches of our privacy policy
and our Terms of Use;
(f)
to manage any disputes (including disputes over
invoices or delivery of services); and
(g)
to process any data you submit for the sole
purpose of providing you with access to the site and the App.
2.6
If you are based in the European Union at the
time we are processing your personal information, you have the right to object
to the way we process your personal information where the processing is based
on legitimate interests. For more information see the “Rights of EU based
persons” section below.
3
Disclosure of your information
We will keep the personal information we hold confidential but may
provide information to:
(b)
our overseas offices, affiliates, business
partners and counterparts (if any);
(c)
persons under a duty of confidentiality to us in
connection with our operations, or services;
(e)
actual or proposed transferees of our business
in or outside New Zealand.
4.3
We use the following cookies:
Google Analytics
4.9
Please note that any of your personal
information we receive via cookies is used (and disclosed) only in accordance
with this privacy policy and will be stored securely.
6
Changes to our privacy policy
Any changes we may make to our privacy policy in the future will be
posted on this page and, where appropriate, we will update you on the changes
of our privacy policy by email.
7.1
We may hold your data on servers
in Ireland, and New Zealand and any other territories as we see fit
from time to time. We may also transfer your data to our overseas offices
or to any people listed at Clause 3 above, who may be located in or outside of
New Zealand.
7.2
If you are based in the
European Union, please note that:
(a)
we may hold your personal information in New
Zealand, and that the appropriate safeguard in place for such a transfer is an
adequacy decision under Article 45 of the GDPR; and
(b)
your personal information may be transferred to
any other country in which we or our affiliates, subcontractors or agents
maintain facilities, including Australia. We will use reasonable efforts to
obtain assurances from any such third parties that they will safeguard personal
information consistent with this privacy policy (which may include contractual
obligations).
We may provide links on our site to other websites. If you use these
links, you will leave our Site and we are not responsible for any third party websites,
their content or their usage of your personal information. We advise that you
check the terms and conditions of use, the privacy policies and any other
guidelines for access and use on those websites as they will apply to your
access and use of those websites and any services and information contained on
such websites.
9
Your consent and rights
9.1
By using our service, making an application or
visiting our site or App, you consent to the collection and use of your
information and other activities as outlined in this policy.
9.2
Pursuant to your rights under the New Zealand
Privacy Act 1993, you have the right:
(a)
to check whether we hold personal data about you
and to access such data;
Additional rights for EU based
persons
9.4
Under the GDPR, if you are
based in the European Union when we process your personal information, you also
have the right to:
(a)
in certain circumstances,
have your personal information erased;
(b)
restrict the processing of
your personal information;
(c)
move, copy or transfer
your personal data easily for your own purposes across different services in a
safe and secure way;
(d)
object to processing where
we are relying on its legitimate interests as the basis for processing and at
any time to processing of personal information for direct marketing purposes
and
(e)
withdraw your consent to
our processing of your personal information where your consent is being relied
on by us.
9.5
If you wish to exercise
your rights, please contact us using the contact information below. We may
require you to provide verification of your identity.
9.6
Please note that in
certain circumstances we may refuse to respond to a GDPR rights request where
it has the right to do so under the GDPR, for example, where a request is
manifestly unfounded or excessive.
9.7
Please send requests for any objections, access
to data, correction of personal data, information regarding policies and
practices and kinds of data held, and any other questions or complaints regarding
privacy to:
Attention:
Nowsnapp Customer Happiness
Address: Unit 1, 9/F, Sing Ho Finance Building, 168 Gloucester Road, Wan Chai,
Hong Kong
Tel: +852 5997 8511
Email: support@nowsnapp.com
10
Governing law and jurisdiction
Nothing in this Privacy Policy shall limit the rights of the
information subject of personal information under the Privacy Act 1993. This
Privacy Policy shall be governed by the laws of New Zealand. You agree to
submit to the exclusive jurisdiction of the New Zealand courts.
Last updated: 20 June 2018