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).

1 – Information collection

1.1
In order to provide a better service to you, we may collect and process the following information about you:

(a)
information that you provide by filling in forms on our site www.nowsnapp.com (“our site“) or using Nowsnapp, or any other applications or software we provide from time to time (collectively our ”App”). This includes information provided at the time of registering to use our site or App, subscribing to our service, posting material or requesting further services. We may also ask you for information at other times, for example in connection with a promotion or when you report a problem with our site or App;

(b)
if you contact us, we may keep a record of that correspondence;

(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:

(a)
ensuring that content from our site is presented in the most effective manner for you and for your computer or mobile device;

(b)
providing you with alerts, newsletter, education materials or information that you requested or signed up to;

(d)
allowing you to participate in interactive features of our service, when you choose to do so;

(e)
designing and conducting surveys/questionnaires for client profiling/segmentation, statistical analysis, improving and furthering the provision our products and services;

(f)
complying with laws and regulations applicable to us or any of our affiliates in or outside New Zealand;

(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;

(j)
promoting and marketing services and products subject to your exercise of the opt-out right (please see further details in
Clause 2.2 below); or

(k)
purposes directly related or incidental to the above or as otherwise consented to by you from time to time.

2.2
You consent to us using your personal information to promote direct marketing to you. In this connection, please note that:

(a)
your name, contact details (including address, contact number, email address), products and services information, transaction pattern and behaviour, background and demographic data held by us from time to time may be used by us in direct marketing to you;

(b)
the following classes of services, products and subjects may be marketed to you in direct marketing:

(i)
services and products related to our site and/or our affiliates (including marketing affiliates programs we are a part of);

(ii)
reward, loyalty or privileges programmes, promotional offers and related services; and

(iii)
invitations to events such as seminars/webinars/tele-seminars, conferences, live programs or events.

(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

2.3
If we are unable to process personal information as identified in this privacy policy, then the use of the site and/or the App may suffer from reduced functionality, and certain features may be disabled.

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:

(a)
personnel, agents, advisers, auditors, contractors, financial institutions, and service providers in connection with our operations or services;

(b)
our overseas offices, affiliates, business partners and counterparts (if any);

(d)
persons to whom we are required to make disclosure under applicable laws and regulations in or outside New Zealand; or

(e)
actual or proposed transferees of our business in or outside New Zealand.

4 – Cookies

4.1
Our site uses cookies to distinguish you from other users of our site. This helps us to provide you with a good experience when you browse our site and also allows us to improve our site. By continuing to browse the site, you are agreeing to our use of cookies.

4.2
A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer’s hard drive.

4.3
We use the following cookies:

(a)
Strictly necessary cookies. These are cookies that are required for the operation of our site. They include, for example, cookies that enable you to log into secure areas of our site, use a shopping cart or make use of e-billing services.

(b)
Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our site when they are using it. This helps us to improve the way our site works, for example, by ensuring that users are finding what they are looking for easily.

(c)
Functionality cookies. These are used to recognise you when you return to our site. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).

4.4
Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.

4.5
We may use the following third party web analytic services on the site. The service providers that administer these services use technologies such as cookies, web server logs and web beacons to help us analyse how visitors use the site. The information collected through these means (including IP address) is disclosed to these service providers, who use the information to evaluate use of the site. These analytic services may use the data collected to contextualise and personalise the marketing materials of their own advertising network.

Google Analytics

4.6
Google Analytics is a web analysis service provided by Google Inc. (“Google”). Google’s ability to use and share information collected by Google Analytics is in accordance with their policies: http://www.google.com/policies/privacy/partners/

4.7
You can prevent Google’s collection and processing of data by using the Google Ads Settings page or downloading and installing their browser plug-in (https://tools.google.com/dlpage/gaoptout).

4.8
You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.

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.

5 – Security

5.1
All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.5.2
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal information, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

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 – Data transfers

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).

8 – Third party websites

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

All data subjects

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;

(b)
to request us to correct as soon as reasonably practicable any data relating to you that is inaccurate;

(c)
to ascertain our policies and practices in relation to personal information and the kind of personal information held by
us;

(d)
to object to the use of your personal data for marketing purposes and we shall not use your personal data for marketing purposes after you communicate your objection to us.

9.3
You may exercise your opt-out right by using the unsubscribe facility in our electronic messages or notifying us if you wish to object to the use of your personal information for direct marketing purposes.

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

9.8
In accordance with the Privacy Act 1993, in some circumstances, we have the right to and may charge a reasonable fee for processing any data access request.

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