Access to this Website

Welcome to our website. In accessing and using this website, you acknowledge that you have read, understood and agree to be bound by the following terms and conditions. If you are not over 18 years, you must obtain the consent of your parent or guardian before using this website.

The purpose of this privacy statement is also to inform you of your rights in relation to your personal information. It covers the collection, processing and other use of personal data under the General Data Protection Regulations (GDPR) 2018. Other policies may apply instead of or in addition to this Privacy Policy in certain circumstances.

By using our website, and/or providing your personal information to us you consent to us handling your personal information in accordance with this Privacy Policy.

We reserve the right to update this privacy statement at any time and for any reason, so we encourage you to make sure that you are familiar with the current version of our privacy statement. Any change we make applies from the date the updated Privacy Policy is posted on our website.

 

What personal information do we collect?

The kinds of personal information we collect and hold about you, and our use of that information, is dependent on the products and services we provide to you.

The products and services that we provide include real estate agency services for the buying, selling, leasing / renting, development and advertising of residential, commercial and rural properties, Generally, this personal information may include (but is not limited to) your name, address, date of birth, telephone number, email address, details of the products or services you have enquired about, property value, rental amounts, insurance details, references (in relation to rental arrangements and job applicants) and photo identification.

 

How do we collect your personal information?

Generally, we collect your personal information directly from you unless it is impracticable or unreasonable to do so. From time to time, we may collect personal information about you from third parties (for example, from your representative, from publicly available sources, from your referees if you apply for a rental or where you apply for a position with us, If you provide us with personal information about a third party, you represent, and we collect it on the basis that, you have that person’s consent for us to collect and handle their personal information in accordance with this privacy policy.

When collecting your personal information, we will take reasonable steps to provide you with certain information as required under the Privacy Act, including the purpose of collection, who we may disclose your personal information to, any law that requires or authorizes us to collect the information and the main consequences if we do not collect all of the personal information we require. If we collect your personal information from another source, we will take reasonable steps to ensure you are aware of the fact and the circumstances of that collection.

Generally, if we are unable to collect the personal information we require, we may not be able to provide you with the products and services you seek (e.g. renting/ Buying an property) If the information provided is incorrect or incomplete, this may also prevent, limit or otherwise affect our ability to provide products or services to you.

 

Why do we collect, hold and use your personal information?

We will use and disclose your personal information for the purposes for which we collected it, and for other related purposes that you would reasonably expect.

Generally, these purposes include responding to your enquiries, providing you with products and services such as selling, renting or leasing properties, providing you with marketing information about our products and services, obtaining your feedback on your customer experience, conducting promotional activities and for our general business operations (for example, maintenance of our business records, compliance with our legal and insurance obligations and statistical purposes).

By providing us with your personal information, you consent to us using your personal information for these purposes. You agree that we may send you such information by post or by electronic means such as email. You can opt-out of marketing and promotional communications at any time by contacting us.

 

How do we disclose your personal information?

We may disclose your personal information to:

  • Our licensees, agents and contractors for the purposes set out above, and for the purposes of those parties providing services to us or performing business services or functions on our behalf;
  • 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 legal advisers, trades people);
  • Other companies or individuals who perform checks (such as but not limited to compliance reviews and audits) that are necessary or desirable under law on our behalf;
  • 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, and New Zealand Transport Agency;
  • courts, tribunals and regulatory authorities (such as the Real Estate Authority, and Ministry of Justice in New Zealand);
  • Office of the Ombudsman, where a complaint relates to official information;
  • any person or agency we believe could assist in responding to a serious privacy breach;
  • Office of the New Zealand Privacy Commissioner, where a complaint relates to breach of the Privacy Act 2020;
  • Human Rights Commission, where a complaint relates to discrimination;
  • CERT NZ, where appropriate to assist with the management of a voluntarily notified privacy breach and
  • Anyone else to whom you authorize us to disclose it.

Apart from the above instances, we may also use and disclose your personal information with your consent and as otherwise required or permitted by law.

 

Storage of personal information

We may hold your personal information in electronic formats or in hard copy, at our office at 46B George St, Tuakau, or at premises outside our offices, including data storage facilities or online storage located within or outside New Zealand, which may be operated by independent service contractors.

Where your personal information is transferred outside New Zealand we will ensure the intended recipient has provided appropriate safeguards and that requisite rights and remedies in relation to the personal information remain available.

 

We take reasonable steps to ensure the security of all information we collect. However, no data transmission over the internet or information stored on servers accessible through the internet can be guaranteed to be fully secure. These activities are undertaken at your own risk.

 

Management of personal information

We take reasonable steps to securely store your personal information to ensure it is protected from unauthorized access, modification and disclosure, and from other types of misuse, interference and loss. This includes electronic and physical security measures and procedures and use of password protection software.

We will take reasonable steps to destroy or permanently de-identify your personal information when we no longer require it for any purpose for which it was collected. We may retain your personal information for as long as necessary to comply with any applicable law, for legal, insurance and corporate governance purposes, for the prevention of fraud and to resolve disputes. Your personal information may also be retained in our IT system back-up records.

The transfer of data over the Internet is inherently insecure. We cannot guarantee the security, during transmission, of any personal information provided to us via our websites. Please bear this in mind when transmitting information by this means to us.

 

Your right to access and correct your personal information we hold

The Privacy Act and the GDPR give you the right to access information held about you by us. You may lodge a request to access and correct personal information that we hold about you if you believe it is inaccurate, incomplete, out-of-date, irrelevant or misleading by contacting via the contact details shown below.

You may request that we provide you with access to the personal information we hold about you. Generally, we will provide you with access, except in limited circumstances where the Privacy Act permits us to deny access. Any such requests must be made in writing and directed to our Privacy Officer via the details shown below. We will respond to your request within 25 working days of the day on which the request is received.

Under the Privacy Act, we may be permitted to charge you a reasonable fee for providing access to your personal information. Please note that no fee will be incurred for requesting access, and if your request for access is accepted we will inform you of the fee (if any) that will be payable for providing access if you proceed with your request.

You may ask us to inform you of the source of any personal information about you that we have collected from a third party. We will provide this at no cost, except in limited circumstances where laws permit us to withhold this information.
You have the right to change the permissions that you have given us in relation to how we may use your data. You also have the right to request that we cease using your data or that we delete all personal data records that we hold relating to you. You can exercise these rights at any time by writing to our Privacy Officer at the address detailed below.

 

DISCLAIMER AND LIMITATION OF LIABILITY

To the extent permitted by law, we exclude all warranties, conditions and representations whether express, implied, statutory or otherwise, relating in any way to this web site, your use of this web site and the information, products and services supplied, offered to be supplied or advertised or accessed through this web site. We also exclude, to the extent permitted by law, liability (including for negligence) to you or anyone else in respect of any loss or damage (including special, indirect or consequential loss or damage), costs and expenses suffered by you or claims made against you arising from or in connection with any use of the information, products or services supplied, offered to be supplied or advertised or accessed through this web site for any reason whatsoever (including negligence).

In the event that terms, conditions or warranties are implied by law and cannot be excluded, then those terms conditions or warranties are included however our liability is limited at our option to one or more of the following.

In the case of the supply of goods:
a) the replacement of the goods or the supply of equivalent goods;
b) the payment of the cost of replacement of the goods or the supply of equivalent goods; or
c) the repair of the goods or payment of the cost of repair of goods; and
in the case of the services, supplying the services again or paying the cost of supplying the services again.

 

Indemnity

You agree to indemnify us and our partners, agents, officers, employees and other authorized representatives against all claims, suits, demands, damages, liabilities, costs or expenses arising in any way out of or in any way connected to your use of this website.

Making a complaint

You may lodge a complaint with us if you believe we have handled your personal information other than in accordance with the Privacy Act. We will confirm receipt of your complaint and set out the time frame we require to investigate your complaint and provide you with a response. We will endeavour to respond as quickly as possible.

You have the right to make a complaint to the New Zealand Privacy Commissioner. This can be done through the Privacy Commissioner online complaint form here: https://privacy.org.nz/your-rights/making-a-complaint/complaint-form/

 

AML Biometric Verifications

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 rod@fnplatinum.co.nz and address your email to Rod Hull.

We will investigate and attempt to resolve any such complaint or dispute regarding the use or disclosure of your personal information.

Office of the Privacy Commissioner

More information about your rights and our obligations in connection with your personal information are available from the Office of the Privacy Commissioner at www.privacy.org.nz