Last Updated 23 April 2020
We are bound by the New Zealand Privacy Principles (NZPPs) contained in the Privacy Act 1993 (Privacy Act) (subject to any exemptions that may apply to us under that or any related Act), our general law obligations of confidentiality to you and all other applicable guidelines and codes in New Zealand. The NZPPs detail how personal information may be collected, used, disclosed, stored and destroyed and how an individual may gain access to and/or correct the personal information held about them. Complaints may be made to the Office of the Privacy Commissioner at www.privacy.org.nz.
“Personal information” is information or an opinion about an identified individual, or about an individual who is reasonably identifiable, whether or not the opinion is true or not and whether or not the information is stored in material form or not. It includes Sensitive Information and Health Information.
“Health Information” is information or an opinion about an individual’s health or disability, the health services provided or to be provided to them, their expressed wishes for the provision of future health services, personal information collected to provide a health service, personal information collected in connection with organ and body-part donation, and predictive genetic information.
“Sensitive information” is a special category of Personal Information. It is information or an opinion about an individual’s racial or ethnic origin, political opinions, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual preferences or practices, criminal record, health information about an individual or genetic information about an individual that is not otherwise Health Information.
What kinds of information will we collect and hold?
The kinds of Personal Information that we commonly collect and hold from you or about you include: your name, gender, address, phone and mobile numbers, email address, date of birth, qualifications, education, business, accreditations and your work experience. We may also collect other types of Personal Information such as opinions of others about your work performance, your career objectives, the name and contact details of individuals listed as referees within your application for employment, references, aptitude test results and any other information obtained by us in connection with your possible work placements and provided to us.
When you browse our website or contact us electronically, we may record: geographical tagging, cookies, and statistical data.
We may collect Sensitive Information from you or about you where there is a legal requirement to do so, or where we are otherwise permitted by law. In all other situations, we will specifically seek your consent.
How do we collect and hold that information?
We collect Personal Information from you or about you in a number of ways, including:
- when you visit and interact with our Website and related software;
- when you sign up for an account with us or sign up for our newsletter;
- when you engage in transactions with Niche Freelance or any Member;
- when you submit correspondences to or otherwise communicate with us or via the Website;
- when you submit reviews, questionnaires and feedback surveys that you complete;
- when you complete and submit to us a form or application;
- when you browse our Website and/or social media platforms;
- when you provide any other material provided to us or to any other persons connected to your interest in your application for an engagement; and
- through information about you that is available on the internet or that is otherwise published.
We may also collect Personal Information from third parties such as law enforcement agencies and other government entities and any third party service provider who is contracted to provide payment processing services.
Where you have provided us with your referees, we may also collect Personal Information about you from them, but only if you give us express permission or consent to do so whether at the time of registration of your account or by subsequent communications.
In addition, in connection with your use of the Website, we may also collect cookies from your computer, which enables us to tell when you use the Website and also to help customise your Website experience.
Your Personal Information is held and stored on paper, by electronic means or both. We have physical, electronic and procedural safeguards in place for Personal Information and take reasonable steps to ensure that your Personal Information is protected from misuse, interference, loss and unauthorised access, modification and disclosure.
The purpose for which we collect, hold, use and disclose Personal Information
We collect, hold, use and disclose your Personal Information to provide services we offer or you have contracted us to provide.
We collect, hold, use and disclose Personal Information from you or about you primarily for the following purposes (where applicable):
- to provide our services to you, including posting your Listing, assisting you in seeking any engagement opportunities with a Client and facilitating the interaction between you and another Member or Members;
- to assist Clients to find prospective Consultants;
- to enable you to submit your CV generally, to apply for a consultancy or engagement opportunity under a Listing or to subscribe to our services;
- to answer your queries;
- to promote, facilitate and manage the provision of any other services we provide to you;
- to facilitate the collection and payment of any amounts payable under the Applicable Terms;
- for our administrative and accounting functions, fraud checks, marketing and promotions, newsletter communications, website traffic analysis;
- to establish, maintain and administer your account;
- conduct verifications of profits, checking credentials, monitoring and reporting as permitted in the Applicable Terms;
- to display your profile or Listing on the Website for the Permitted Purposes (as defined in the Applicable Terms);
- to maintain our business relationship, where you are a user of our Website, a client or candidate; and/or
- for any other purposes disclosed at the time of collection.
We may also disclose and transfer Personal Information in connection with a merger or sale or as part of a corporate reorganisation or share sale or other change in corporate control.
Where we use your Personal Information for marketing and promotional communications, you can opt out at any time by notifying us.
If you are a Consultant, we will disclose your Personal Information to:
- a client in relation to the consideration or potential consideration for you to provide the Legal Services to the Client or otherwise in relation to further progressing your Engagement with the client to perform the Legal Services; and
- other Member(s) or third parties that you have consented to us disclosing your information; or
- the Payment Gateway, to assist and facilitate the payment, invoicing and collection of your fees for services provided to other Members via the Niche Freelance Platform.
We also collect, hold, use and disclose Personal Information from you or about you as directed by our corporate clients who have contracted with us for our online marketplace application and related services (Services).
If you seek to access, correct, amend, or delete inaccurate data that you have input using the Service then you should contact the corporate client directly who is the data controller and owner. They can make the changes you request or request that we take action for them.
We will also disclose your information to third party contractors that we retain or use to assist us providing services to or for you, including Information Technology and database design contractors, our internet service provider and our professional advisers (such as our accountants or lawyers).
We will not disclose Personal Information about you for any other purposes, except that we may disclose or use your Personal Information where:
- we are under a legal duty to do so, including circumstances where we are under a lawful duty of care to disclose information; or
- such disclosure is authorised or permitted by the NZPPs, law or you.
What is the main consequence for you if you do not provide your information to us?
If you do not provide your Personal Information to us we may be unable to:
- register an account with us or post a Listing;
- use or navigate the Website or any engage in certain website related activities;
- assist you in your efforts to find a consultancy or engagement opportunity for you or be introduced to a Client;
- facilitate the interaction between a Client and yourself;
- provide you with the necessary training or appraisal;
- answer your enquiry; and/or
- provide any other services that you or your organisation have contracted us to provide.
Destruction and De-identification
We will retain your Personal Information whilst it is required for any of our business functions, or for any other lawful purpose.
We use secure methods to destroy or to permanently de-identify your Personal Information when it is no longer needed:
Paper records are commonly sent for secure destruction.
Electronic records are deleted from all locations, to the best of our ability, or encrypted and/or placed beyond use.
From time to time we may be engaged by organisations located overseas or by you to assist in exploring an opportunity overseas. In that event, we are likely to disclose some of your Personal Information to overseas recipients. However, we will only do so where:
- it is necessary to complete the transaction you have entered into or engaged us to undertake; or
- you have provided us with your consent; or
- we believe on reasonable grounds that the overseas recipient is required to deal with your Personal Information by enforceable laws which are similar to the requirements under the APPs; or
- it is otherwise permitted by law.
How do we keep Personal Information accurate and up to date?
We rely on the Personal Information we hold about you in providing you with our services or otherwise conducting our business. Therefore, it is important that the information we hold about you is accurate, complete and up-to-date. This means that from time to time we may ask you to tell us if there are any changes to your Personal Information. To assist us to keep our records up-to-date, please advise us immediately when your personal details change.
How are you able to access to your Personal Information
We have procedures in place for dealing with and responding to requests for access to the Personal Information held about you.
In most cases, we expect that we will be able to comply with your request. However, if we do not agree to provide you access to information as requested, we will give you written reasons why. For further information, please contact us at firstname.lastname@example.org.
Enquiries & complaints
We have procedures in place for dealing with complaints and concerns about our practices in relation to the Privacy Act and the NZPPs. We will respond to your complaint in accordance with the relevant provisions of the NZPPs. For further information, please contact our Privacy Officer at email@example.com. If you are not satisfied with our response, please refer to the Office of the Privacy Commissioner at www.privacy.org.nz.
Privacy Officer April 2020