INTRODUCTION AND OVERVIEW
1.2 This policy covers every interaction you have with us and includes when you use our website, talk with us on the phone or meet with us in person. Examples used in this policy don’t cover every situation.
1.3 This policy provides for how we collect, protect, share and use personal information. Personal information includes all information for example:
1.3.1 your personal details including your name, bank account numbers, IRD numbers, addresses, documents which verify your identity and other information;
1.3.2 information we collect through our website and through other web-based services which we use to deliver our services to you;
1.3.3 documents, signatures, seals, data, text, images, sound or speech.
1.4 We may use personal information at our discretion in accordance with New Zealand Laws and our professional obligations to you. We will only use information if we are allowed to do so: if you consent to our use of it; in the completion of our services to you; or to meet our legal obligations.
1.5 If you give us personal information about any other person, please ensure you have their consent to do so first.
1.8 In this policy:
1.8.1 White Fox & Jones (WFJ) means White Fox & Jones Limited with offices in Christchurch, Ashburton and Methven.
1.8.2 ‘WFJ’, ‘we’, ‘us’ or ‘our’ mean White Fox & Jones.
1.8.3 Related Companies mean companies that may have access to information or that we may share information with.
1.8.4 ‘You’ and ‘your’ means each of our customers and includes persons who sign our terms of engagement, give us any personal information on behalf of a person who signs our terms of engagement, or otherwise engages our services.
1.8.5 ‘Privacy Act’ means the Privacy Act 2020 and any amendments to that Act.
CHANGE OF POLICY
1.9 We reserve the right to change this policy at any time. We may make changes at our discretion or to ensure compliance with any New Zealand Law.
1.10 We will display a copy of this policy on our website, and will provide a copy to you on request.
1.11 We work with third parties in a number of capacities so that we can deliver professional services to you.
1.12 When you ask us to act for you:
1.12.1 We sometimes consult with other professional service providers including but not limited to, engineers, surveyors, accountants and medical professionals. We will only share personal information with other professional service providers with your permission.
1.12.2 We will conduct Due Diligence on you so that we can comply with Anti-Money Laundering and Counter financing of Terrorism legal requirements.
1.13 We work with other agencies to protect and manage your personal information. We have policies that require those agencies to have measures in place to ensure that your personal information is kept secure:
1.13.1 We engage private companies to manage our electronic data and to protect it from malicious attack. We give them access to our systems to facilitate efficient management and allow our systems to be updated.
1.13.2 We engage private companies to ensure that all physical documents are securely disposed of.
1.13.3 We engage private companies to insure us from business risks.
1.14 We will not disclose personal information to third parties except as required or permitted under New Zealand Law or with your consent.
1.15 We occasionally provide you with links to third-party resources. We are careful which websites we link you to, but we aren’t responsible for the way that they treat your private information and we do not provide any warranty express or implied for the accuracy or security of their content.
USE OF PERSONAL INFORMATION
1.16 We use personal information when you engage us to complete professional services for you. We can also use personal information from historical and related matters on which you or a related entity (for example a trust or company you are a trustee or director of) has asked us to act. We may do so at our discretion, but this will usually be to promote efficiency in the services we provide to you.
1.17 You can choose not to give us your personal information, but this will limit the services we can provide. For example, if you chose not to supply us with some information we need to comply with Anti-Money Laundering legislation, we will not be able to provide some services to you including assisting you with the Sale and Purchase of Real Estate.
1.18 We will keep your contact details securely stored on our systems so that we can contact you to discuss the service we are providing to you. Your contact details may include, telephone details, email addresses and physical addresses.
1.19 We may use your personal information to let you know about any updates to the law which we think will affect you, or if we think documents such as your will, trust deeds or company records need updating.
1.20 In accordance with our Terms of Engagement, we reserve the right to use personal information to recover money that customers owe us.
1.21 We are required to comply with a number of New Zealand laws and some overseas laws. We may have to use personal information to do so. For example, occasionally our clients have business overseas. In those situations, we may be required to conduct our business in accordance with those overseas laws. Subject to our professional duties, and professional legal privilege, we may be required to comply with:
1.21.1 Agencies such as the Department of Inland Revenue and the New Zealand Police who investigate unlawful activities like fraud, money laundering, tax evasion and other illicit activities.
1.21.2 The provisions of the Anti-Money Laundering and Counter Financing of Terrorism Act 2009.
HOW DO WE STORE PERSONAL INFORMATION?
1.22 We store all personal information either electronically or physically in New Zealand. Personal information that we store is held in locations managed either by us, or by third parties. Electronic personal information is stored securely on cloud based servers. Electronic information is only available on devices which have multi-factor authentication.
1.23 We are required under a number of different New Zealand laws to store information. We are required to keep personal information for 7 years, but we may keep some information for longer, even if you are no longer a client.
1.24 The company that independently manages our servers actively monitors them to ensure that your information is safe and assists us in preventing cybersecurity breaches.
1.25 Staff members provide the same level of security for personal information, when out of the offices, as if the information was in the offices. For example, if working from home, the staff member must not allow that personal information to be accessed or accessible by family members.
1.26 If we have a reason to believe that there has been a breach of the privacy of personal information, we will assess the degree of harm likely to flow from that breach and take appropriate steps to minimise that harm. If, in our assessment, we consider that the breach is likely to cause serious harm, we will notify the Privacy Commissioner as soon as practicable after becoming aware of that privacy breach.
ACCESSING PERSONAL INFORMATION
1.27 You have the right to access all of the personal information we hold on you. We can provide this digitally, or we can provide you access to any physical copies of your information. We will do so within a reasonable time. You can also give someone else authority to access the personal information we hold on you on your behalf. Persons who have legal authority can access personal information. For example, directors of companies can access information relating to that company, trustees of trusts can access trust information and persons with power of attorney can access information relating to either the property or welfare of another person, depending on the type of attorney that person is.
1.28 The new Trusts Act 2019 has sections that require trustees to give trust information to beneficiaries. We will not disclose information directly to beneficiaries unless the Trustees of that Trust give us instructions to do so. In our Trustee Company’s capacity as a professional trustee, we will consult with other Trustees before disclosing information to beneficiaries.
1.29 We do not usually charge a fee for providing you access to your personal information. However, there may be some situations in which a fee may apply.
1.30 If you wish to contact us about matters concerning the privacy of your personal information, please get in touch:
22 Moorhouse Avenue
PO Box 1353
P: +64 3 353 0650
1.31 Our professional obligations require us to protect your privacy and ensure appropriate confidentiality. If you feel that we have failed to meet our professional obligations you can make a complaint to the New Zealand Law Society by emailing email@example.com or by contacting the Lawyers Complaints Service on 0800 261 801.
1.32 For our Australian clients: If you have any queries or complaints about our collection, use or storage of your personal information (including a complaint relating to any failure by us to comply with our obligations under the credit reporting provisions of the Privacy Act 1988 (Cth) or under the Credit Reporting Privacy Code), or if you wish to exercise any of your rights in relation to your personal information, please contact firstname.lastname@example.org and address your email to The Privacy Officer. We will investigate and attempt to resolve any such complaint or dispute regarding the use or disclosure of your personal information. If you are dissatisfied with the handling of your complaint, you may contact the Office of the Australian Information Commissioner or Australian Financial Complaints Authority (AFCA):
Office of the Australian Information Commissioner
GPO Box 5218, Sydney, NSW 2001
Telephone: 1300 363 992
Mail: GPO Box 5218, Sydney NSW 2001
Fax: +612 9284 9666