TABLE OF CONTENTS:
- INTRODUCTION AND DEFINITIONS
- HOW WE COLLECT YOUR PERSONAL INFORMATION
- TYPES OF PERSONAL INFORMATION WE COLLECT
- HOW WE USE YOUR PERSONAL INFORMATION
- HOW WE DISCLOSE OR SHARE YOUR PERSONAL INFORMATION
- PROTECTING, ACCESSING AND CORRECTING YOUR PERSONAL INFORMATION
- INTERNET USE
- APPLICABLE LAW
1. INTRODUCTION AND DEFINITIONS
1.2. Your Consent: By using the Websites and/or providing any Personal Information to us you are confirming that you unconditionally agree with and consent to the terms of this Policy to the extent that your consent is required by any applicable law.
1.3. Privacy Rights at Law: This policy does not operate to limit or exclude any of your rights under the Act. If you would like to access further information on the Act, we refer you to the Privacy Commissioner’s Office website https://www.privacy.org.nz
1.4. Changes to Policy Terms: We may update or revise these Terms of this Policy without notice by uploading a revised Policy to our Websites and any sub-domain or related application. By continuing to access or use the Websites after any updated version of this Policy has been posted you unconditionally agree with and consent to the terms of the given update.
1.5. Definitions: the following terms found in this Policy have the meaning given to them below:
Agents: means a person who has registered on the Yelsa platform (via any of the Websites) as an “Agent”.
Buyer: means a person who has registered on the Yelsa platform (via any of the Websites) as a “Buyer”.
Personal Information: is, as defined in the Act, information about an identifiable individual (a natural person).
Seller: means a person who has registered on the Yelsa platform (via any of the Websites) as a “Seller”.
Websites: means yelsa.co.nz (including any sub-domain) as well as the Yelsa App that can be accessed via any mobile, tablet and like device.
2. HOW WE COLLECT YOUR PERSONAL INFORMATION
2.1. Subject to information provided by your computer or other device automatically when visiting and browsing the Websites (see clause 2.4 below), we will not collect your Personal Information unless you choose or otherwise authorise the provision that Personal Information. As such, we will only collect Personal Information.
(a) You directly when you elect to provide that Personal Information to us:
(i) You directly when you elect to provide that Personal Information to us:
A. create, modify or use an account in your name (i.e. any Buyer, Seller, Agent or other account) or registered user facilities available through the Websites;
B. create and/or modify any property selling profile, property buying profile, or like profile that the Websites may allow you to generate from time to time; and
C. perform any other task or function via the Websites that requests the provision of Personal Information or otherwise gives you the ability to provide Personal Information.
(ii) through the provision of any documentation containing Personal Information that you provide to us or that an authorised third party has provided to us; and
(b)third parties where you have authorised this, or, where the relevant Personal Information is publicly available.
2.2. While we will endeavour to collect personal information from you directly, you authorise us to obtain Personal Information concerning you from third parties. Such third parties include, but are not limited to:
(a) public and privately held organisations that hold, manage or host any publicly accessible Personal Information (digitally or otherwise), for example, organisations like the Real Estate Authority of New Zealand, Land and Information New Zealand, and like public and privately held organisations;
(b) non-publicly accessible Personal Information held by a third party, but only where you have expressly authorised that third party to provide specified Personal Information to us;
(c) credit, fraud, identity and other searches we may undertake from time to time, including searches with public records and regulatory and private organisations; and
(d) from telephone or mobile numbers identified by any telephone or mobile system when you contact us via such devices.
2.3.Please note that before you provide us with any Personal Information about a person other than you (i.e. a third party) you must have obtained that person’s fully informed consent to do so. You also agree to indemnify us in respect of any claim, action, damage, loss, liability, cost (including legal costs on a solicitor/client basis), expense or payment which we suffer or incur or become liable for as a result of or in respect of a breach of this requirement to obtain a third party’s consent under this clause
2.4. When visiting and/or using the Websites you or your computer may automatically or manually provide Personal Information. This may include, but is not limited to, Personal Information:
(a) that is automatically provided by your browser to the servers that support the Websites;
(b) about your browsing and interactions with the Websites and the various pages viewed within, that may be automatically recorded on the servers that support the Websites from time to time;
(c) we capture or place on your computer or generate using cookies or like technologies; and
(d) you input into forms and fields on our website.
2.5. We may end up generating additional Personal Information relating to you, or, other parties such as Buyers or Agents may also generate additional Personal Information relating to you. Instances where this may occur, include but are not limited to:
(a) When you are using of any function or service that is provided by or via the Websites;
(b) When responding to and dealing with any enquiry or complaint;
(c) When analysing any of your Personal Information that we have acquired via any means addressed in this Policy; and
(d) When recording telephone calls with you for quality and service provision purposes.
3. TYPES OF PERSONAL INFORMATION WE COLLECT
3.1. We will only ever collect Personal Information that is reasonably required for the purposes of operating, administering and maintaining any functions and services available via the Websites. Specific types of Personal Information that we may collect from you via the Websites and/or from a third party include the following, which may be changed from time to time:
(a) Data concerning you as an individual:This may include (depending on whether you register as a Buyer, Seller or Agent and the various uses that you make of the Websites):
(i) your name, age, date of birth, photograph, gender and like information;
(ii) your address, telephone, mobile, fax, e-mail, social networking contact details and like contact information;
(iii) any proof of identity and address, including copies of passports, driving licences and like identity verification information;
(iv) credit card and other payment information and any relevant banking, lending, insurance and like information that is reasonably required for the purpose of using the Websites;
(v) the results of any searches carried out against you (such as to verify you identity, address, and credit status or via any professional, land, or property related register);
(vi) any licensing or qualification details required by ta regulatory body overseeing that given industry (e.g. a Real Estate Authority licence number); and
(vii) any preferences and any other information that may be reasonably required for the provision of a given service or function via the Websites.
(b) Performance and user History Information:This includes Personal Information of any kind that is associated with any interaction you have with the Websites, or interactions you have with any other individuals that the Websites have enabled, hosted or otherwise facilitated (e.g. interactions between you and other Buyers, Sellers and Agents as applicable).
(c) Survey and Feedback Information: This includes Personal Information collected or generated out of any surveys we conduct of feedback we seek or which you volunteer.
(d) Correspondence:This includes Personal Information associated with any correspondence, communication and messages, between you and us, us and third parties and you and other users of the Websites.
(e) Websites use information: We may collect information about your visits to, browsing of, and use of the Websites unless your web browser blocks this. The range of data we collect will depend on how you interact with the Websites. This information may include but is not limited to:
(i) your IP address (a unique identifier allocated to your computer for your connection to the internet);
(ii) your computer device details (PC, tablet, smartphone, watch etc.); the make and version of web browser (e.g. Internet Explorer, Firefox, Safari, Opera, Chrome) you are using;
(iii) your operating system (e.g. Windows, Windows Phone, OSX, iOS, Android, Linux etc);
(iv) your time-zone; your browser plug-ins; any web-page you came from, identified as the referrer web page address by your web browser; cookies; page response times; download error; pages and parts of pages you visit; and
(v) usage you make of our website, including enquiries and searches undertaken, and registrations for accounts, forums etc; services and products you viewed; length of visit to website and pages; page interaction information (such as scrolling, keys pressed, mouse clicks, touches, and mouse-overs).
This information may also include: data inputted into forms and field; registrations for any accounts, forum, feedback mechanism, social functionality, newsletters or other features of our site; usernames and passwords, log-in / out history, and settings; actions taken within any account or other registration, including view and update and changes to settings; and posts to any forum, feedback, review or other social functionality on our website.
4. HOW WE USE YOUR PERSONAL INFORMATION
4.1. We may use your Personal Information to the extent reasonably required to:
(a) Operate the Websites:to this end your Personal Information may be used to:
(i) ensure that any services and functions that are provided or can otherwise be accessed via the Websites are provided in a targeted and effective manner that responds to your preferences and optimises the value you obtain from the Websites; and
(ii) to the extent that is reasonably required to enable the provision of any services or functions that are made available via the Websites, provided that you have sought to use, access or otherwise requested the same.
(b) Collect Payments:Collecting and making payments due, and administering our accounts. This includesprocessing any transactions authorised or made with us which relate to you, including authorising and processing credit card transactions;
(c) Respond to Queries and Communicate with you:including responding to communications from you, including a complaint, providing information to you about our Websites, systems, functions and services, and to keep you updated generally about matters relating to the Websites.
(d) Conduct Marketing and Advertising: to market our Websites, and the functions, services and the like. This includes using your Personal Information to contact you electronically (e.g. by text or email for this purpose), provided that you authorise us to do so;
(e) Manage and Improve our business and the Websites: In particular, to continually improve any and all services and functions that are provided or otherwise accessed via the Websites, and to better customise the experience that you have when using the Websites. To this end we may use your Personal Information for the purpose of:
(i) analysing, auditing, providing, operating, administering, maintaining and improving our business, Websites, systems, services, functions and the like
(ii) running promotions and competitions;
(iii) undertaking research and development;
(iv) enabling us to improve our sales, editorial, advertising and marketing processes;
(v) carrying out other business development and improvement activities; and
(vi) providing training and information to our staff, Sellers and Agents.
(f) Record keeping:Personal Information may be used for any record keeping that is reasonably required as part of running and managing the Websites.
(g) Legal and Other Purposes: to protect and/or enforce our legal rights and interests, including defending any claim; and for any other purpose authorised by you or the Act.
5. HOW WE DISCLOSE OR SHARE YOUR PERSONAL INFORMATION
5.1. Where you have provided consent, we may disclose and share your information, including Personal Information, as described at the time of consent. For example, the Websites lets you publish information, including Personal Information, that is visible to other users of the Website. This term also applies when you authorise a third party application or website to access Personal Information associated with any account you have on the Websites (see 7.2 and 7.3 below).
5.2. Where permissible according to applicable law we may use certain limited Personal Information about you, such as your email address, to hash it and to share it with social media platforms, such as Facebook or Google, to generate leads, drive traffic to our Websites or otherwise promote our functions and services or the Websites. These processing activities are based on our legitimate interest in undertaking marketing activities to offer you products or services that may be if your interest.
5.3. We may disclose certain Personal Information that we hold to:
(a) Other users of the Website – i.e. Buyers, Sellers and Agents (as applicable) – where doing so is necessary for the delivery and performance of any of the Websites functions and services that you elect to make use of from time to time;
(b) other third parties for anonymised statistical information;
(c) an person or organisation where we are required to do so by law;
(d) any other person authorised by the Act or another law, such as the Police or other duly authorised entity;
(e) any other person authorised by you;
(f) debt collection agencies if we need to collect money you owe to us;
(g) a relevant third party where we reasonably believe that such a disclosure is necessary to:
(i) prevent or lessen a serious and imminent threat to somebody’s life or health (including you) or the threat of harm to property.
(ii) protect the rights or property of Yelsa Limited (including, without limitation, employees or contractors of Yelsa Limited);
(iii) to help identify, contact or bring legal action against anyone damaging, injuring, or interfering (intentionally or unintentionally) with Yelsa’s rights or property, or Yelsa’s members (or any other person or entity) who could be harmed by such activities
5.4. A business that supports any services, functions and products hosted by or accessed via the Websites may be located outside New Zealand. This may mean that your Personal Information is held and processed outside New Zealand. Please be aware that this may result in overseas storage of your Personal Information.
6. PROTECTING, ACCESSING AND CORRECTING YOUR PERSONAL INFORMATION
6.1. We are committed to doing what we reasonably can to keep your Personal Information safe and secure. In this respect we have put in place appropriate measures to guard against unauthorised or unlawful processing of your Personal Information and against accidental loss or destruction of, or damage to, your Personal Information.
6.2. Subject to certain grounds for refusal set out in the Act, you have the right to access readily retrievable Personal Information that we hold and to request a correction to your Personal Information. We will however need evidence to confirm that you are the individual to whom the Personal Information relates before we agree to provide or correct any Personal Information relating to you.
6.3. In respect of a request for correction, if we think the correction is reasonable and we are reasonably able to change the personal information, we will make the correction. If we do not make the correction, we will take reasonable steps to note on the Personal Information that you requested the correction. We will take all reasonable steps to flow a correction through to any third party Provider or supplier.
6.4. If you want to exercise either of the above rights please email or contact us at [email protected]
7. INTERNET USE
7.1. While we take reasonable steps to maintain secure internet connections, if you provide us with personal information over the internet, the provision of that information is at your own risk.
7.2. We provide links to websites outside of the Websites, as well as to third party websites. We also allow some third parties to display widgets and applications on our Websites that allow you to interact and share content including social media buttons such as Facebook share and like, Twitter, Pinterest and Google+. These linked sites, applications and widgets are not under our control, and we cannot accept responsibility for the conduct of companies linked to the Websites, or their collection of information through these third party applications or widgets.
8. APPLICABLE LAW
8.1. This Policy is subject to the law of New Zealand.
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