NZ REAL ESTATE TRUST PRIVACY POLICY

You should read this policy together with the NZ REAL ESTATE TRUST ("NZRET") Terms of Use. You consent to the terms of this policy and agree to be bound by it.

SAFEKIWI MAY HOLD PEOPLES’ PERSONAL INFORMATION

NZRET involves the storage of data which can include 'personal information', being information about an identifiable individual. SafeKiwi will hold personal information when people such as real estate agents use NZRET.

SafeKiwi uses third party services to store personal information. SafeKiwi will take reasonable steps to ensure that the third parties operate appropriate security protocols to ensure the safety of personal information.

SAFEKIWI MAY RECEIVE PERSONAL INFORMATION

SafeKiwi may receive personal information about people through the use by people of NZRET.

SAFEKIWI COLLECTS AND HOLDS PEOPLES' PERSONAL INFORMATION FOR LIMITED PURPOSES

SafeKiwi collects and holds personal information in providing NZRET. In doing so, SafeKiwi may use the personal information collected only for purposes related to NZRET, including;

  • Acting as a stakeholder, through Public Trust as custodian, of deposits paid under real estate transactions which use NZRET;
  • Carrying out training in relation to NZRET;
  • Resolving technical support issues or other issues relating to NZRET;
  • Complying with applicable laws;
  • Communications with individuals including responding to complaints;
  • Monitoring compliance by users of NZRET with the Terms of Use; and
  • Used for any other authorised purpose or purpose authorised by any applicable privacy laws.

Persons whose personal information is being held in NZRET by SafeKiwi consent to such holding.

SafeKiwi stores personal information directly from real estate agents which use NZRET but may also collect information from authorised third parties, such as lawyers.

SAFEKIWI HOLDS PERSONAL INFORMATION ON SERVERS LOCATED IN NEW ZEALAND

All data, including personal and non-personal information that is entered into NZRET is transferred to SafeKiwi's servers and people using NZRET consent to personal information being transferred to SafeKiwi's servers, which are located in New Zealand.

SAFEKIWI TAKES STEPS TO PROTECT PERSONAL INFORMATION

SafeKiwi takes all reasonable precautions to protect personal information from unauthorised access, modification or disclosure, including securely storing personal information transferred into NZRET. Information is stored, secured and protected by password and accessed only by authorised personnel of participating real estate agents. However, the Internet is not always a secure environment and SafeKiwi cannot provide an absolute assurance that personal information will be secure at all times. Transmission of personal information over the Internet is at peoples' own risk and personal information should only be entered into NZRET within a secure environment.

SafeKiwi will advise people at the first reasonable opportunity upon discovering or being advised of a security breach where their personal information is compromised.

SAFEKIWI ONLY DISCLOSES PERSONAL INFORMATION IN LIMITED CIRCUMSTANCES

SafeKiwi will only disclose personal information to entities outside of SafeKiwi if it is necessary and appropriate to process real estate transactions which use NZRET. SafeKiwi will not otherwise disclose personal information to a third party without the relevant individual's express consent, unless required by law. Third parties which host SafeKiwi's servers and IT specialists who work on the NZRET software do not control and are not permitted to access or use personal information, except for the limited purpose of storing the information or working on the NZRET software.

PEOPLE MAY REQUEST ACCESS TO THEIR PERSONAL INFORMATION

Subject to certain grounds for refusal as provided by law, persons may request access to their readily retrievable personal information which SafeKiwi holds, or may request that SafeKiwi updates or corrects any such personal information, by setting out their request in writing and sending it to SafeKiwi at the contact details set out below. Since personal information about parties to real estate transactions which use NZRET are loaded into NZRET by participating real estate agents, if SafeKiwi receives any such requests it will deal with the requests by requiring the relevant real estate agent to upload updated or corrected personal information to NZRET, as soon as reasonably practicable, subject to there being no legal impediments and SafeKiwi being satisfied as to the genuineness of the request. SafeKiwi will process such requests as soon as reasonably practicable and subject to there being no legal impediments and SafeKiwi being satisfied as to the genuineness of the request. SafeKiwi may charge individuals its reasonable costs of providing to them copies of their personal information or correcting that information.

SafeKiwi will only keep peoples' personal information for as long as it requires the information for the purpose of fulfilling the purposes for which it has collected that information, except where SafeKiwi is required by law to keep personal information for specified periods of time.

OPT OUT OF EMAILS

Information which is sent out by SafeKiwi by email will contain clear instructions describing how people can choose to be removed from any mailing list which is not essential to the provision of NZRET. SafeKiwi will remove you from its mailing list at your request.

TRANSFER OF PERSONAL INFORMATION TO THIRD PARTY APPLICATIONS

SafeKiwi is not responsible for the transfer of data, including personal information, electronically to and from third party applications, since it has no control over those applications.

SAFEKIWI HAS A PRIVACY COMPLAINTS PROCESS

If people wish to complain about how SafeKiwi has handled their personal information, they can provide details of their complaint to SafeKiwi's Privacy Officer;

Our Privacy Officer will acknowledge receipt of the complaint within 5 working days and will endeavour to respond to any query or complaint within 10 business days or such longer period (not exceeding 20 business days) as is necessary and notified by SafeKiwi's Privacy Officer.

This policy does not limit or exclude the rights of any person under the Privacy Act 2020(New Zealand). If anyone wishes to seek further information on their rights under that Act, see www.privacy.org.nz.

THIS POLICY MAY BE UPDATED FROM TIME TO TIME

SafeKiwi reserves the right to change this policy at any time and any amended policy is effective on posting to the NZRET website.

last updated: 28 May 2021