Privacy Policy
This policy outlines the way in which we at Hart & Lowe manage the personal information we hold about our clients, potential clients, contractors and others. In this respect, Hart & Lowe is bound by certain legislation including the Privacy Act 2020 (Privacy Act), the Lawyers and Conveyancers Act 2006, the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 and Anti- Money Laundering and Countering Financing of Terrorism Act 2009 (AML/CFT Act).
In summary, ‘personal information’ is information about an identifiable individual.
Collection of Personal Information
We collect personal information in order to conduct our business, to provide and market our services and to meet our legal obligations, including (but not limited to) anti-money laundering and sanctions compliance obligations.
We collect and hold personal information about (but not limited to):
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clients, business associates and potential clients and their employees, contractors, owners and directors;
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individuals we deal with in the course of acting for clients and carrying on our business;
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suppliers and their employees and contractors;
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prospective employees, employees and contractors; and
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other people who come into contact with Hart & Lowe.
In general, and depending upon the nature of the person’s connection with Hart & Lowe, the type of personal information we collect and hold includes (but is not limited to): names, addresses, contact details, date of birth, occupations, personal preference payment details, employment history and/or details, education and qualifications, testimonials and feedback, nature of relationship to our client, evidence of source of funds (in some cases) and other information which assists us in conducting our business, providing and marketing our services and meeting our legal obligations.
In some cases, if personal information we request is not provided, it might adversely impact our ability to supply the relevant product or service or satisfy our obligations.
How we Collect Personal Information
Except as otherwise permitted by law, we will collect personal information:
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from you directly when you provide your details to us;
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from you indirectly (through emails, forms, subscription applications, face-to-face meetings, interviews, registration and attendance at seminars, business cards, telephone conversations and through the use of the services and facilities available through our websites and social media channels);
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from third parties in some instances, for example:
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we may use third parties to analyse traffic at our websites and social media channels, which may involve the use of cookies;
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in some circumstances we might collect personal information about an individual from a third party, such as a report provided by a medical professional or an employment reference from another person;
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where a third party provides security-related services; and
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from publicly available websites.
Management of Personal Information
We take reasonable steps to protect the security of personal information from misuse and loss, unauthorised access, modification or disclosure, for example by use of physical security and restricted access to electronic records. Hart & Lowe personnel are required to respect the confidentiality of personal information and the privacy of individuals. Where we no longer require your personal information we will comply with our legal obligations in respect of that information.
Disclosures
In general, we collect, hold, use and disclose your personal information for the following purposes:
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to conduct our business;
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to provide and market our services to you;
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to provide joint marketing initiatives with other service providers;
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to engage third parties on your behalf;
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to communicate with you;
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to purchase goods or services;
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to help us manage and enhance our services;
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to check your identity against governmental databases, including:
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the National Register of driver licences;
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one of more of the following databases maintained by the Department of Internal Affairs:
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birth or death information recorded under the Births, Deaths, Marriages, and Relationships Registration Act 1995;
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citizenship information recorded under the Citizenship Act 1977; and/or
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travel document information recorded under the Passports Act 1992; and/or
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the records of the Document Verification Service (and related databases) maintained and provided by the Commonwealth of Australia; and
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for health and safety, or security purposes;
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to comply with our legal obligations, including (but not limited to) in relation to our anti- money laundering and sanctions compliance obligations.
We may disclose your personal information to:
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other companies or individuals who assist us in providing services or who perform functions on our behalf (such as mailing houses, hosting and data storage providers, specialist consultants and barristers);
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other companies or individuals who perform checks that are necessary or desirable under law on our behalf;
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other companies, agencies or individuals that maintain databases against which your identity may be verified, which may include (but is not limited to) the New Zealand Department of Internal Affairs, New Zealand Transport Agency, and the Commonwealth of Australia Document Verification Service;
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social media sites on which we have a presence;
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courts, tribunals and regulatory authorities;
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anyone else to whom you authorise us to disclose it; and
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where we are required to do so by law.
Access to your Personal Information
We endeavour to ensure that the personal information we hold is accurate, complete and up to date. We encourage you to contact us in order to update any personal information we hold about you. Contact details are set out below. You have the right to correct any personal information we hold about you in accordance with the Privacy Act.
Subject to the exceptions set out in the Privacy Act, you may seek access to the personal information which we hold about you by contacting our office on 07 865 9521. We will require you to verify your identity and to specify what information you require. A fee may be charged for providing access. If a fee is to be charged, we will advise you of the likely cost in advance.
Complaints
If you have any questions about privacy related issues or wish to complain about the handling of your personal information by us, please contact our office on 07 865 9521. We may ask you to lodge your complaint in writing. Any complaint will be investigated by the Privacy Officer and you will be notified of the decision in relation to your complaint as soon as practicable after it is made, usually within 20 working days.
If we are unable to satisfactorily resolve your concerns about our handling of your personal information, you can contact the Office of the Privacy Commissioner at: PO Box 10-094, Wellington 6143, phone 0800 803 909 or visit http://privacy.org.nz.
Address of Hart & Lowe
The address of Hart & Lowe, as the collector and holder of your personal information, is:
512 Port Road, Whangamata
PO Box 231, Whangamata
Updates to this Policy This Policy will be reviewed from time to time to take account of new laws and technology, changes to our operations and practices and the changing business environment. The most current version of this Policy is located at hartandlowe.co.nz and can be obtained by contacting our office on 07 865 9521.
Updated July 2024