Privacy Policy

By registering for and using our services, you accept and agree to the terms and conditions of this Privacy Policy.

Should the Personal Information of any of your customers or end users be subject to European Union or EU Member State laws then the Data Processing Schedule will apply in addition to this  Privacy Policy.

Purpose

Modica Group Limited ("Modica", "we", "us") is committed to respecting your privacy at all times.  This Privacy Policy sets out how we collect, use, store and disclose your Personal Information to ensure we comply with our obligations under New Zealand privacy legislation.

By providing your Personal Information or using our services, you agree to this Privacy Policy.  If you provide information about any other person, then you must have authorisation from that person to provide such information to us.

This Privacy Policy is subject to and should be read in conjunction with our Acceptable Use Policy and any other terms and conditions you agree to when using or signing up to any of our services.

What Information We Collect

We collect information from our clients when they use our services.  This includes information which is not associated with you as an individual, which may be used by us to improve our website, to monitor its performance and to make it easier for you and other visitors to use. It also includes information which you knowingly provide to us and information which you provide when using our website and services. Our clients may also provide us with Personal Information relating to their customers or other contacts when they use our services to send message communications.

In this section we explain the different types of Personal Information (“Personal Information”) that we may collect or hold in relation to you, depending on whether you are a client, or a customer or other contact of one of our clients:

  • If you are a user from one of our client organisations, we store your contact information (name, postal address, telephone, fax number, and email address) when you enter that information online either through our website or client portal or if you give it to us by any other means. If you have signed any documents with us we may also store your signature;
  • If you are a client that has chosen to pay for our services by credit card or direct debit, then we collect your credit card or bank account details when you provide these for payment purposes (and please note that we do not store your credit card information; we substitute your credit card information with a PCI compliant token to safeguard your details and provide you with maximum security);
  • Other details relating to the company or organisation that you are an employee of, or are administering the Modica account on behalf of, if that information is reasonably necessary for our activities;
  • If one of our clients has sent you a message communication using our services, or you have responded to a message communication from one of our clients, then our client will have provided us with your contact details, which may include your name, postal address, telephone, mobile and fax numbers and email addresses.
  • We may also store Personal Information that our clients have collected from other contacts and uploaded to our online portal.
  • If you contact us through our website, online portal, or by email, fax, post or telephone, we will retain your Personal Information that you provide to us, together with the content of our mutual correspondence, including any emails you send to us.
  • If you have requested a trial of our services, our sales team will collect contact information (name, address, telephone number, email address) from you over the telephone or via our website or by email.

How We Collect Information

Modica collects information about you by asking you to supply this information. For example, when you order a service, respond to a survey or promotion or request information to be sent to you, we collect Personal Information such as your name, address, telephone number and email address. Depending on the nature of your request we may collect other items of information as well.

Modica may also collect information about your use of our website and those of our group companies by the use of cookies and similar technologies. A cookie is a small data file that certain websites write to your hard drive when you visit them. A cookie file can contain information such as a user ID that the site uses to track the pages you've visited. The only Personal Information a cookie can contain is information you supply yourself. A cookie can't read data off your hard disk or read cookie files created by other sites (Also see http://en.wikipedia.org/wiki/Http_cookie).

While the use of cookies is helpful to Modica you may choose to block cookies by appropriate configuration of your web browser or by the use of other commercially available software. However, if you do this, certain features of our sites (such as shopping carts) may become unavailable to you.

Another way we collect information online is through our program partners and resellers who may provide us with information they already obtained from you online. For example when you are on a partner's site and click on a Modica banner that takes you to a Modica site, information that the partner has received from you already may be passed to Modica.

When you visit our web sites, we may automatically log your IP address. (An IP address is the unique address that identifies your computer on the Internet.) We use IP addresses to help us administer our web site and to collect broad demographic information for aggregate use. We do not link IP addresses to personally identifiable information.

Modica may track search terms entered in our website search function as one of many measures of what interests our users. We don't track which terms a particular user enters.

Use of Information

Your information may be held and used by us for a number of purposes connected with our business operations and functions, which include:

  • enabling the authorisation and processing of credit card transactions relating to the purchase of services from Modica;
  • enhancing your experience of our sites, whether to provide interactive or personalized elements on the sites or to better prepare future content based on the interests of our users;
  • sending out electronic newsletters and enabling users to participate in polls and message boards;
  • determining which areas of our sites users like and don't like based on traffic to those areas. We do not track what individual users read, but rather how many users in total read each page and how they linked to that page. This helps us continue to build a better service for you;
  • settling accounts with those who provide related services to us;
  • dealing with requests, enquiries or complaints and other customer care related activities; and all other general administrative and business purposes;
  • carrying out any activity in connection with a legal, governmental or regulatory requirement on us or in connection with legal proceedings, crime or fraud prevention, detection or prosecution;
  • carrying out activities connected with the running of our business such as personnel training, quality control, network monitoring, testing and maintenance of computer and other systems and in connection with the transfer of any part of our business in respect of which you are a customer or a potential customer.

Modica never shares mailing lists with any third parties, including advertisers or partners.

Sharing your Personal Information

Modica may also pass Personal Information, relating to you, for any particular purpose to certain third parties including:-

  • our group companies who may use and disclose your information for the same purposes as us;
  • those who provide to us or our group companies products or services that support the services that we provide, such as our dealers and suppliers;
  • credit reference agencies (unless we have agreed otherwise) who may share your information with other organisations and who may keep a record of the searches we make against your name;
  • if someone else pays your bill, such as your employer, that person;
  • carefully selected third parties who we reasonably believe provide products or services that may be of interest to you (We will not share your information with such third parties unless you have requested us to do so in your customer profile);
  • those involved in the prevention or detection of fraud or crime or the apprehension or prosecution of offenders, including the operators and participants of crime prevention schemes in which we participate who may compare your Personal Information with information collected from other sources and who may keep a record of the searches we make against your name;
  • persons to whom we may be required to pass your Personal Information by reason of legal, governmental or regulatory authority; and anyone we transfer our business to in respect of which you are a customer or a potential customer;

any other third party for the following specific purposes:

  • to protect and defend the rights or property of Modica and its web sites;
  • to act in urgent circumstances to protect the personal safety of users of Modica, its web site, or the public.

Disclosure of Information to Modica Affiliates

Because Modica is a global company, We may share your information with other Modica affiliates and business units in other parts of the world in order to provide you with our services. Your Personal Information may be transferred by us from your home country to Modica employees in Modica offices around the world, who may communicate with you regarding your enquiry. Please understand that we limit access to your Personal Information to only those Modica employees who we believe need access in order to provide services to you or to otherwise perform their duties.

Data Processor

As data processor, Modica will only process Personal Information pursuant to the instructions of the applicable client (for example where we act as a data processor in relation to the processing activities of clients on our platform). Modica may use the services of third party data processors to process Personal Information in accordance with purposes identified for such Personal Information by the applicable client (including but not limited to the provision of services). Modica will not be responsible for determining the authenticity of any purported end user’s request to access his or her Personal Information. In the absence of express instructions to do so from the applicable client, Modica will not provide a purported end user with access to his or her Personal Information unless it is demonstrated to Modica’s satisfaction that the applicable client that has collected the end user’s information has refused such access.

De-identification

Modica may de-identify or depersonalize data into anonymized and aggregate data that it derives from end users (“Anonymous Data”). Anonymous Data means data that includes no Personal Information or unique identifiers that could later be used to refer to the Personal Information to which the data was once associated. Modica uses only Anonymous Data in performing analyses, and may disclose Anonymous Data to its clients who have requested such analyses and to third parties where we are contractually entitled to do so.

This site is not for use by children

Protecting the privacy of children is important to Modica. For that reason, our services are structured specifically to not attract anyone under 13, nor do we collect or maintain Personal Information from those who Modica actually knows are under 13. If Modica learns or is notified that it has collected information from users under the age of 13, Modica will immediately delete such Personal Information.

Opt-Out

We provide you the opportunity to ‘opt-out’ of having your Personal Information used for certain purposes, when we ask for this information. For example, if you register with us but no longer wish to receive our newsletters and/or related communications, you may opt-out of receiving them by following the instructions included in each newsletter or communication.

Transfer of your Personal Information Overseas

In some circumstances, we may provide Personal Information to overseas recipients. If you have enabled international roaming and are travelling, our carriers will forward your message to the relevant international carrier in the country you are visiting to allow us to provide our service to you while you are overseas.

In addition, and where relevant subject to the GDPR requirements in the Data Processing Schedule, your Personal Information may be transferred, processed and maintained outside of the jurisdiction in which you reside and processed elsewhere to facilitate our business operations.

Security

We take appropriate technical and organizational measures to guard against unauthorized or unlawful processing of your Personal Information and against accidental loss or destruction of, or damage to, your Personal Information. Modica uses industry-standard security measures to protect the integrity and confidentiality of any Personal Information it owns or processes on behalf of Clients, including, in appropriate circumstances, the use of firewalls, restricted access, and encrypted transmissions. Modica limits access to Personal Information to those persons in Modica’s organization who have a business need to process such Personal Information. However, no company, including Modica, can fully eliminate the security risks associated with such Personal Information. Due to factors beyond Modica’s control, Modica cannot ensure that Personal Information will not be disclosed to third parties. For example, Modica may become legally obligated to disclose such data, or, despite precautions, third parties may circumvent security measures to intercept or access such data.

We expect our Clients to also use industry-standard security measures to protect the integrity and confidentiality of both Modica and Client’s end users and to that end Clients must use encryption methods where Modica has made them available. If a Client chooses not to use encryption methods where available then they will be in breach of the terms of their Agreement with Modica.

Notification of Data Breach

If Modica becomes aware of any breach of security that results in the accidental, unauthorised or unlawful destruction or unauthorised disclosure of or access to personal data Modica will:

  • notify the affected client of the data breach in writing and no later than 72 hours after becoming aware of the data breach;
  • promptly take reasonable steps to minimise harm and secure the Personal Information in question;
  • assist the client with regard to the client’s obligation to provide information to its affected customers or end users and to provide the client with relevant information in this regard; and
  • support the client in consultations with the relevant data protection authority.

Notifications of a data breach will describe, to the extent possible, details of the data breach, including steps taken to mitigate the potential risks and steps Modica recommends the client take to address the data breach.

Modica will deliver its notification of any data breach to the email address provided by the client or by other direct communication (for example, by phone call or an in-person meeting). The client is solely responsible for providing the email address and ensuring that the email address is current and valid.

The client is solely responsible for complying with incident notification laws applicable to the client and fulfilling any third party notification obligations related to any data breach.

Modica’s notification of or response to a data breach under this section will not be construed as an acknowledgement by Modica of any fault or liability with respect to the data breach.

Disclaimer

We cannot ensure that all of your private communications and other Personal Information will never be disclosed in ways not otherwise described in this Privacy Policy. By way of example (without limiting the foregoing), We may be forced to disclose Personal Information to the government or third parties under certain circumstances or third parties may unlawfully intercept or access transmissions or private communications. Modica does not review, comment upon, or monitor its clients’ compliance with their respective privacy policies, nor does Modica review clients’ instructions to determine whether they are in compliance or conflict with the terms of a clients’ published privacy policy.

Access to and Correction of Your Personal Information

Under New Zealand privacy legislation, individuals have rights of access to and correction of Personal Information that we hold. We offer the ability to correct or change the information collected at any time and as often as necessary. If you have any questions about how our services work or regarding this statement, contact us by email at privacy@modicagroup.com or by mail to:

Modica Group Limited  

Level 2

17 Falcon Street,

Auckland 1052

New Zealand

 

This policy does not affect your rights under New Zealand Privacy laws.

For information about New Zealand privacy legislation and how to make complaints about a privacy breach, see https://www.privacy.org.nz

 

This privacy policy was last updated 7 May 2018.