“Newton + Co”, “we”, “us” and “our” refers to the Newton + Co’s entity with which you have entered into an Agreement, which has provided you with services (Services) or to whom you have otherwise provided your personal information, and being:
a. Newton Portfolio Limited (NPL), or a subsidiary or related company of NPL; or
b. a franchisee, licensee or authorised representative of a party listed at a. above;
“personal information” means information about an identifiable individual;
“Privacy Act” means the Privacy Act 1993 and includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of the Act, regulations or other instruments.
where this policy applies
why do we collect personal information?
We may collect any necessary personal information about you and anyone who represents you for the following purposes (Purposes):
- to enable us to provide services to you;
- to carry out our business functions and activities generally, including sending you publications, invitations and marketing materials, and analysing website and sales data;
- to comply with our legal obligations (such as those under the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (AML/CFT Act));
- for credit assessment purposes, to invoice you for services provided to you and collect any debt owed to us by you (which may involve disclosing your personal information to debt collectors); and
- any other lawful purpose connected with the function or activity of our business that we tell you about or you authorise (including in any Agreement).
how do we collect personal information?
Where possible, we will collect your personal information directly from you or your authorised representatives. We collect your personal information when you interact with us. For example, when you visit our website or when you instruct us to represent you, your business or other entity. We may also collect personal information about you indirectly as permitted in the Privacy Act or any other applicable law, such as where that information is publically available or where such collection would not be prejudicial to you. You authorise us to collect your personal information from other Newton + Co entities, credit reporting or identification verification agencies or other third parties, for credit assessment purposes or to fulfil our obligations under the AML/CFT Act. If you provide us with any personal information of a third party, you confirm that:
- you have collected that personal information in accordance with the Privacy Act and any other relevant applicable law;
- you are authorised by the individual concerned to provide that personal information to us; and
- the individual concerned has:
- been informed of their right to access and request correction of their personal information.
keeping and storing personal information
We will only retain your personal information for the length of time that we believe is reasonably necessary for the Purpose for which it was collected.
We will ensure that there are reasonable safeguards in place against loss, misuse or unauthorised disclosure or destruction of your personal information.
disclosing personal information
We may disclose personal information (but only if we need to for the Purposes) to:
- other Newton + Co entities;
- third party service providers;
- your professional advisers, such as lawyers;
- credit reporting agencies;
- debt collection agencies;
- regulators and government agencies and anyone else who we are legally required or authorised to share your personal information with, such as under AML/CFT Act; or
- any other third parties we tell you about or to whom you specifically authorise us disclose such information.
We may also use or disclose your information where that use or disclosure is permitted under the Privacy Act or any other applicable law, such as where the information disclosed is publicly available or where it would not be unfair or unreasonable to use or disclose the information. We may also disclose information when it is not in a form which identifies you.
Do we disclose your personal information to anyone outside New Zealand?
In some circumstances, if required for the Purpose, we may transfer your personal information to third parties outside New Zealand. Where we transfer personal information outside New Zealand we have arrangements in place to ensure that such personal information will be transferred and used in a manner that is consistent with the requirements of the Privacy Act and any other applicable privacy laws in the jurisdiction or jurisdictions to which the information is transferred.
Under the Privacy Act, you have the right to access and request correction of your personal information. In addition, Newton + Co is committed to upholding your privacy rights relating to your personal information in relation to any other applicable privacy laws.