Privacy and Data Collection Policy

Protecting your private information and data is important to us.

Last Updated:   17 November 2021

This Privacy and Data Collection Policy (Privacy Policy) describes our policies and procedures on our collection, use and disclosure of your information and tells you about your privacy rights and how the law protects you.

We use your personal data to provide and improve our services.

IMPORTANT.  PLEASE READ:  By using the services that we provide, whether through our website or otherwise, you agree to the collection, use and disclosure of information in accordance with this Privacy Policy.  In providing this information to us, you consent to the matters set out in this Privacy Policy.

Definitions

For the purposes of this Privacy Policy:

  • Device means any device that can access our services such as a computer, mobile phone or digital tablet.
  • Personal data or personal information is any information that relates to an identified or identifiable individual.
  • Service provider means any natural or legal person who processes data on our behalf.  It refers to third-party companies or individuals employed by us to facilitate or provide our services, to perform services related to our services or to assist us in analysing how our services are used.
  • Our services means on-line financial services, including in particular the provision of credit and other financial accommodation, credit assessments, loan administration and credit management.
  • Usage data refers to data collected automatically, either generated by the use of our services or from the service infrastructure itself (for example, the duration of a page visit).
  • We, us or our means Nectar NZ Limited, Nectar Trustee Limited, their related companies, agents, officers and employees. Our address is Level 1, 22 Fanshawe Street, Auckland 1010, New Zealand.
  • Website refers to our website, accessible from nectar.co.nz.
  • You means the individual accessing or using our services, or the company, or other legal entity on behalf of which such individual is accessing or using our services, as applicable.

2  Collection of Information

While using our service, we may ask you to provide us with certain personally identifiable information about you.  Personally identifiable information may include, but is not limited to:

  • First name, middle name(s) and last name
  • Email address
  • Phone number(s)
  • Address, postal code, city, town or rural area
  • Usage data

Credit application information

Your personalised quote or credit application will ask for information about your credit status, including income, expenses, bank statements and other information regarding your credit history.

In some cases, we will also ask for information in relation to your spouse or partner, especially where information contained in your credit application relates to shared income and expenses.

By providing this information to us, you confirm that that all information contained in your personalised quote or credit application is true and correct.

Usage data

Usage data is collected automatically when using our services.

Usage data may include information such as your device’s internet protocol address (e.g. IP address), browser type, browser version, the pages of our website that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When you access our services by or through a mobile device, we may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile internet browser you use, unique device identifiers and other diagnostic data.

We may also collect information that your browser sends whenever you visit our website or when you access our services by or through a mobile device.

Use of Cookies and Tracking Technologies

Cookies are small files that are placed on your computer, mobile device or any other device by a website, containing the details of your browsing history on that website.

We use cookies and similar tracking technologies to track the activity on our services. Tracking technologies collect and track certain information .  The use of these technologies is intended to improve and analyse our services.  Further information on the technologies we may use is set out in Appendix 1.

3  Use of Information

We may use personal data for the following purposes:

  • To provide and maintain our services: including to monitor the usage of our services.
  • To manage your account with us: to manage your registration as a user of our services. The personal data you provide can give you access to different functionalities of our services that are available to you as a registered user.
  • Personalised quote and credit application: To assess your creditworthiness in respect of any personalised quote and credit application, including assessing the suitability and affordability of any finance provided to you in accordance with our responsible lender obligations.
  • For the performance of a contract: To assess compliance with the terms of any loan contract or any other contract you enter into with us.
  • To contact you: To contact you by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile applications push notifications regarding updates or informative communications related to functionalities, products or contracted services, including security updates, when necessary or reasonable for their implementation.
  • To provide you with other offers of finance, news, special offers and general information about other services which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information.
  • To manage your requests: To attend and manage your requests to us.
  • For business transfers: We may use your information to evaluate or conduct a merger, restructuring, reorganisation, dissolution, or other sale or transfer of some or all of our assets or business, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which case personal data held by us about users of our services is among the assets transferred.
  • For other purposes: We may use your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our services, products, marketing and your experience.

4  Disclosure of Information

For the purposes of providing our services we may disclose information to the following persons for the following purposes:

  • To credit reporting or assessment agencies (including government agencies (for example NZ Transport Authority, Motor Vehicle Register, Personal Property Securities Register)) for the purpose of verifying any information that you provide to us in respect of your personalised quote or credit application or carrying out credit checks or for the requirements of the Anti-Money Laundering and Countering Financing of Terrorism Act 2009.  This disclosure may include driver licence or passport information which you have voluntarily provided to us.
  • To debt collection agencies for debt recovery including appointing an agent to collect any outstanding debts and listing defaults.
  • To any fraud reporting agencies:  We may be obliged to provide information about you to these agencies if fraud is suspected.
  • To the Ministry of Justice for the purpose of checking their fines database for any overdue fines you may have. This will require us to disclose information about you to the Ministry, including driver licence or passport information which you have voluntarily provided to us.  This check may be carried out by a credit agency, which will require the search results to be disclosed to the credit agency.
  • To any other parties for the purpose of verifying any information that you provide to us.
  • To referrers where you have been referred to us as part of our referral program, notifying the referrer that a referral was successful.
  • To insurers or their brokers where you have requested insurance cover to enable those parties to consider insurance cover.
  • To other financiers and their agents for the purpose of assessing your application in the event that we cannot offer you a loan or any other financial products (unless you have opted out). This information could include information gathered to assess your applicationincluding your credit account data and identification details. These companies may contact you directly to assist with your loan application.
  • To service providers for the purpose of monitoring and analysing the use of our services or to contact you.
  • To potential acquirers and their advisers for business transfers. This activity may necessitate the sharing or transfer of your personal information in connection with, or during negotiations for any merger, sale of our assets, financing, or acquisition of all or a portion of our business to another company.
  • To our affiliates and related companies in relation to services provided by another part of our group .In this case, we will require those affiliates or related companies to honour this Privacy Policy. These parties will include our subsidiaries, joint venture partners or other companies that we control or that are under common control with us.
  • To our business partners in order to offer you certain products, services or promotions.
  • To our other users when you share personal information or otherwise interact in the public areas with other users. Such information may be viewed by all users and may be publicly distributed.
  • To other persons provided that you consent. We may disclose your personal information for any other purpose with your consent.

Transfer of your personal data

Your information, including your personal data, is processed at our offices and in any other places where our service providers are located. It means that this information may be transferred to, and maintained on, computers located outside of New Zealand.  The data protection laws in these jurisdictions may differ from New Zealand.

By providing this information to us, you consent to this Privacy Policy and agree to that transfer.

We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy.  No transfer of your personal data will take place to an organisation or a country unless there are adequate controls in place in respect of the security of your data and other personal information in that jurisdiction.

Law enforcement

Under certain circumstances, we may be required to disclose your personal data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Other legal requirements

We may also disclose your personal data in the good faith belief that such action is necessary to:

  • Comply with a legal obligation
  • Protect and defend our rights or property
  • Prevent or investigate possible wrongdoing in connection with our services
  • Protect the personal safety of users of our services or the public
  • Protect against legal liability

Consents provided by you

Provision and holding of personal information by other parties

You authorise any third party to provide your personal information to us for any of the above purposes.

You understand and agree that if we disclose your personal information to a credit agency, they may:

  • hold your information on their database.
  • use it for providing credit reporting and assessment services, or for any other lawful purpose.
  • disclose your information to their subscribers for the purpose of credit checking or debt collection, or for any other lawful purpose.

Permission of spouse or partner

You confirm that, if applicable, you have the permission of your spouse or partner to disclose details of any shared income and expenses.

Electronic communications

You agree that we may communicate with you via mail, email, telephone, sms, app for all purposes including general communications and promotions. If we provide you with a loan or any other financial products, you consent to documents required by law being sent by mail or in electronic form.

6  Storage and retention of your personal information

Secure storage

Your personal information will be held by us in a secure manner which protects against loss and unauthorised access, use or disclosure.  The security of your personal data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your personal data, we cannot guarantee its absolute security.

Retention of Personal Data

We will retain your personal data only for as long as is necessary for the purposes set out in this Privacy Policy.  We will retain and use your personal data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

We will also retain usage data for internal analysis purposes. Usage data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our services, or we are legally obliged to retain this data for longer time periods.

You may request access to your personal information by emailing us at contact@nectar.co.nz.  We will, as far as possible, provide you with a copy of the personal information we keep about you.  There may be circumstances where we cannot provide this information to you.  For example, if the information does not exist, cannot be found or is not easily retrievable.

You may request us to delete your personal data in whole or in part by emailing us at contact@nectar.co.nz .  We are happy to comply with such a request provided we are no longer required by law to retain this information.

You also have the right to request correction of any information we hold about you by emailing us at contact@nectar.co.nz.

7  Other Matters

­Children’s privacy

We do not provide our services to anyone under the age of 18.  In addition, we do not knowingly collect personally identifiable information from anyone under the age of 13. If you are a parent or guardian and you are aware that your child has provided us with personal data, please contact us. If we become aware that we have collected personal data from anyone under the age of 13 without verification of parental consent, we will take steps to remove that information from our servers.

If we need to rely on consent as a legal basis for processing your information and New Zealand law requires consent from a parent, we may require your parent’s consent before we collect and use that information.

Links to other websites

Our website may contain links to other websites that are not operated by us. If you click on a third party link, you will be directed to that third party’s site. We strongly advise you to review the privacy policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Changes to this Privacy Policy

We may update this Privacy Policy from time to time. We will notify you of any changes by posting the new privacy and data collection policy on this page.

We will let you know via email and/or a prominent notice on our website, prior to the change becoming effective and update the “Last updated” date at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, You can contact us:

Appendix 1 – Cookies and Tracking Technologies

The technologies we use will likely change over time as newer technologies become available.  As at the date of this Privacy Policy, these technologies may include:

  • Cookies or Browser Cookies: A cookie is a small file placed on your device.  You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent.  However, if you do not accept cookies, you may not be able to use some parts of our services. Unless you have adjusted your browser setting so that it will refuse cookies, our services may use cookies.  Cookies may include third party (such as Google and FaceBook) cookies placed on the user’s system due to the inclusion of the third party’s services in our web properties.
  • Browser fingerprinting: Browser fingerprinting is a tool that websites use to collect information about users’ browser types and versions, as well as their operating systems, active plugins, time zones, languages, screen resolution, and various other active settings on their devices.
  • Third party tools: Third party tools include Google Analytics and FaceBook which track users through our website and other websites, depending on the capabilities and settings on the user’s browser.
  • Screen recording: Screen recording is a way of capturing site visits of users who use our site. It has been configured not to record sensitive information.

Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on your personal computer or mobile device when you go offline, while Session Cookies are deleted as soon as you close your web browser.

We use both Session and Persistent Cookies for the purposes set out below:

  • Necessary/Essential Cookies

Type: Session cookies

Administered by: Us

Purpose: These cookies are essential to provide you with services available through the website and to enable you to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these cookies, the services that you have asked for cannot be provided, and we only use these cookies to provide you with those services.

  • Cookies Policy/Notice Acceptance Cookies

Type: Persistent cookies

Administered by: Us

Purpose: These cookies identify if users have accepted the use of cookies on the website.

  • Functionality Cookies

Type: Persistent Cookies

Administered by: Us

Purpose: These cookies allow us to remember choices you make when you use the website, such as remembering your login details or language preference. The purpose of these cookies is to provide you with a more personal experience and to avoid you having to re-enter your preferences every time you use the website.