The Tenancy Practice Service Limited Trading as New Zealand Collections

Customer Privacy Policy (“Privacy Policy”)

This Policy addresses the following:

1   Definitions
2  Privacy Policy Scope
3  Privacy Policy Application
4  What Is Personal Information?
5  What Personal Information Do We Collect and Store?
6  Our Purpose in Collecting Personal Information?
7  How Do We Collect Your Personal Information?
8  How Do We Disclose Personal Information?
9  Application of Privacy Policy to Third Parties
10 Do We Send Your Personal Information Outside of New Zealand?
11 What Happens If We Are Not Able to Collect Personal Information?
12 How Do We Store and Secure Your Personal Information?
13 How Long Do We Retain Your Personal Information For?
14 Electronic Messages
15 Cookies
16 How Can You Access or Correct Your Personal Information?
17 How Can You Complain About a Breach of Privacy?
18 Changes to This Privacy Policy

1 Definitions

Act means the Privacy Act 1993, any amendment to that Act or any act in substitution for that Act.

Landlord means a person interacting with us in their capacity as a landlord or potential landlord and as the context shall require any property manager.

Tenant means a person interacting with us in their capacity as a tenant.

NZ Collections or NZC means The Tenancy Practice Service Limited. Also referred to as “our”, “us” and “we”.

Web Services means any of our websites, customer portals, mobile applications and electronic media from time to time.

2 Privacy Policy Scope

This Privacy Policy sets out how we collect, disclose, store and use your personal information. Further, this Privacy Policy sets out why we collect your personal information, whether you have to give the personal information and what the consequences are of not providing the personal information, your right to access and correct your personal information and various other matters relating to your personal information.

3 Privacy Policy Application

By providing us with your personal information by any means including, without limitation, in person, by email, phone, via our Web Services or otherwise or by authorising (directly or indirectly) third parties to provide us with information you acknowledge and agree to your personal information being treated in accordance with this Privacy Policy. In addition, you also agree to be bound by this Privacy Policy if you agree with our terms and conditions.

4 What is Personal Information

Personal information in this Privacy Policy means personal information under the Act and is generally information that can be used to personally identify you. This may include, without limitation, your name, age, address, gender, contact information and financial information.

5 What Personal Information Do We Collect and Store?

We only collect and store personal information that we consider necessary for the proper administration and functioning of our business. The personal information we collect may differ depending on the circumstances and in particular whether you are a debtor or a creditor. Without limitation we may collect the following personal information:

• Basic identification and contact information including name, gender, age or date of birth, address, email address and telephone numbers.
• Driver’s license number where relevant.
• We may collect other information including information relating to previous tenancies including references, details of previous tenancies, defaults and previous landlords so that we can make contact with someone to try and reach out to you.
• We may collect other financial and credit information including information relating to your credit history.
• Where you are a creditor, your contact information, account and payment information.
• Any additional information relating to you that you provide to us including through use of our Web Services including through cookies.
• That you provide to us or is otherwise publicly available including, without limitation, your enquiries to us and our responses to them, contact with our customer representatives and/or consultants, customer surveys, feedback and other communications, details of the services you have enquired about or purchased from or through us and any additional information necessary to deliver those products and services.

6 Our Purpose in Collecting Personal Information?

We collect personal information about you so that we may provide the services to you and others. Any information that we collect will not be used in ways that do not reflect the original purpose for which the personal information was collected other than as described within this Privacy Policy or as permitted by the Act. Without limitation we may deal with, collect, disclose, hold and use your personal information for the following purposes:

• To provide debt collection services;
• Where you are a Landlord or creditor to contact you if and when is needed;
• Where you are a Landlord for the purposes of recovery or remedying tenancy defaults provided however we will not disclose or use information in a tenant’s profile that they do not otherwise wish to disclose.
• For our general administrative, quality control, marketing, promotional, planning, research, statistical analysis and product/service development purposes.
• To manage, enhance and personalise our offerings to you and other customers.
• To identify and contact you.
• To communicate with you and deal with your enquiries.
• To provide you with appropriate access to our Web Services and improve and personalise you and other customers experiences.
• To carry out our legal obligations, including without limitation, investigating and enforcing our rights and remedies against you.
• Any other purpose which is disclosed to you and to which you consent, expressly or impliedly, by providing us with your personal information with knowledge or a reasonable expectation or purpose for which we may use it.
• We may collect data from creditors for the purpose of debt collection.

7 How Do We Collect Your Personal Information?

We collect personal information in a variety of ways. We try to collect this personal information from you directly. Without limitation we collect personal information through:

• Through a debt lodgement form completed by the creditor;
• Your enquiries to us and our responses to them, contact with our customer representatives and consultants, market research, customer surveys, feedback and other communications.
• Any application or enquiry of or relating to a product or service of ours.
• Third Parties who may forward information to us to improve our products and services.
• The creditor supplying us on a debt lodgement form, credit reporting agencies, including the PPSR.
• References provided by previous Landlords, References provided Property Managers and/or other Tenants.

8 How Do We Disclose Personal Information?

We will ensure there are reasonable safeguards in place to prevent loss, misuse or disclosure of your personal information. Any data used for statistical reports will be anonymous. If you wish for an organisation to see a specific part of your profile, that organisation can only do so with your permission. For example, providing evidence of your current address to the bank or WINZ. However, you consent to us disclosing information to third parties if relevant to the purposes for which we collected the personal information. These parties may include:

• Our employees;
• Credit bureaus such as Centrix or Equifax and other related reporting agencies;
• The Ministry of Justice and other related government agencies as required;
• A purchaser or assignee of TPS (including of any subsidiary company) where we sell part or all of the business of that entity.
• Other parties who are permitted or required to receive the permitted information by law.

Your data will not be sold or supplied to debt collectors or marketers.

10 Do We Send Your Personal Information Outside of New Zealand?

We may disclose your personal information to parties located outside of New Zealand. This may include any external service providers located outside of New Zealand (e.g. hosted servers).

We take reasonable steps to ensure that any recipient outside of New Zealand maintains the privacy of your personal information.

11 What Happens If We Are Not Able to Collect Personal Information?

You are not obligated to provide us with your personal information and if you choose not to provide the same or restrict our ability to deal with, collect, disclose, store and use your personal information, then:

• We may not be able to provide you with the services you want or to the standard that we otherwise could.
• We may not be able to provide you with information about services that you may want or find useful.
• We may not be able to adjust our Web Service to your preferences or deliver content on our Web Service in a way that we otherwise might be able to.
• If we cannot reach you to set up a repayment plan, we may have to apply for an attachment order through the Ministry of Justice.

12 How Do We Store and Secure Your Personal Information?

We take reasonable steps to protect your personal information from loss, misuse or disclosure. If you suspect any loss, misuse or unauthorised access or disclosure of your personal information please contact us immediately.

13 How Long Do We Retain Your Personal Information For?

We keep your personal information for so long as is it is required having regard to the purpose for which the personal information was collected and as otherwise required comply with the law.

When the personal information is no longer required for the purpose it was collected, or in accordance with the terms of this Privacy Policy, or is not required to be retained by law then we will destroy it.

14 Electronic Messages

By using our Web Services or providing us with your personal information you consent to receiving electronic messages from us or from third parties on our behalf.

You may opt out of receiving those electronic messages by contacting us on admin@nzcollections.co.nzor 09 281 2027or by utilising any unsubscribe facility that accompanies those electronic messages. If you do withdraw your consent to receiving these electronic messages or other unsubscribe you will no longer receive these types of electronic messages from us. In respect of any unsubscribe facility we will cease to send these electronic messages within [5] working days of your unsubscribe request.

15 Cookies

A cookie is a small file which asks for permission to be placed on your device. The file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow Web Services to be tailored to you as an individual. The Web Services can tailor their operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

We use traffic log cookies and this helps us analyse data about web page traffic and improve our website in order to tailor it to your and other customers’ needs..

Overall, cookies help us provide you with a better Web Services, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your device or any information about you, other than the data you choose to share with us or if it is essential to use of the Web Service such as a log in.

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. However, this may prevent you from taking full advantage of our Web Services.

16 How Can You Access or Correct Your Personal Information?

Your personal information is stored securely and can only be accessed by authorised persons. You are welcome to contact us at any time at admin@nzcollections.co.nz or 09 281 2027 to confirm whether we hold personal information about you, request access to your personal information or correct it. In some cases, there may be a charge in correcting information based on your request, attaching to any personal information a statement of any correction sought but not made and retrieving and providing a copy of the personal information to you. On occasion we may also insist on the payment of the charge in advance before responding to a request for which we can charge.

If you believe the personal information is incorrect, incomplete or inaccurate, then you can log in and change it. If it relates to data such as credit reports or tenant history, you can request it from the credit bureaus. You can request a copy of all data we have on you at any time.

Centrix
www.centrix.co.nz/my-credit-score

Equifax
www.mycreditfile.co.nz

Illion
www.illion.co.nz/#illion-for-individuals

Notwithstanding the above we may not grant you access where we cannot reliably verify your identity first. There may be other circumstances where we cannot provide you access to the personal information we hold. For example, where it would breach somebody else’s right to privacy or would endanger someone else’s safety.

17 How Can You Complain About A Breach of Privacy?

If you have any comments, questions or complaints about the handling of your personal information you may contact our Privacy Officer on admin@nzcollections.co.nz or 09 281 2027 who will endeavour to respond to your enquiry promptly and outline options as to how this matter may be resolved.

18 Changes to this Privacy Policy

We may change our Privacy Policy from time to time. If we do change our Privacy Policy an updated version will be posted here nzcollections.co.nz/privacy-policy

This Privacy Policy was last updated on 6 July 2020. If you do not agree to any change in our Privacy Policy while we continue to hold personal information about you then please promptly contact us.