Privacy Policy

FERGUS SOFTWARE GENERAL PRIVACY POLICY

Fergus Software Limited (herein “Fergus”) recognises the importance of safeguarding your personal and financial information. As a provider of commercial services we need to obtain personal information about you and your customers in the course of providing our products and services. Because this information is confidential and important to you, we think it’s important you know how we treat this information. We have created this Privacy Policy to help you understand how we collect, use and protect your personal information and your customers when you visit our websites, contact us, or use our products and services. In this Privacy Policy “we”, “us” or “our” means Fergus Software Limited NZBN 9429031078085.

Fergus Software Limited whose registered office is located at 20 Mount Albert Road, Mount Albert, Auckland, 1025, New Zealand with the NZBN 9429031078085 (hereinafter referred to as “We” or “Fergus”) is the data controller and processor of the personal information we collect about you on this website and Fergus program/app.

This policy is provided for your information and when we collect, store and use your personal information, such personal information is dedicated to Fergus Group companies, their franchisees, sub-contractors and partners and will be collected, processed and stored in accordance with New Zealand Data Protection and Privacy laws and, to the extent applicable, by the European Union General Data Protection Regulation (EU) 2016679 (the GDPR).

1. What Personal Information Does Fergus Collect?

We collect information relating to you that you have provided to us (through account or partnership registration, completing forms, contacting us, or using our products and services) or that we may have obtained from another source (such as marketing partners, referral partners or from marketing organisations).

This information may include your name, your company’s name, tax file number, date of birth, address, telephone numbers, credit card, bank account, and/or financial details, information on how you use our products and services (such as your video views history, help conversations, and browsing activity when visiting one of our websites), references, opinions and/or lifestyle information and any other information collected in relation to your use of our products and services.

When you visit one of our websites, Fergus’s Internet Service Provider may make a record of your visit and log the following information for statistical purposes:

  • Your server address

  • Your top level domain name (for example .com, .gov, .au, .uk, etc)

  • Browser session and geo-location data, device and network information, statistics on page views and sessions, acquisition sources, search queries and/or browsing behaviour such as the date and time of your visit to the site

  • The pages you accessed and the documents downloaded

  • The previous site you have visited

  • The type of browser you are using

We may collect these types of personal information directly from you or from third parties. This collected information is used to provide an overview of how you are accessing and using the Fergus website and app to allow us to make automated decisions on how to best serve your needs as well as providing requested services.

If you use one of our websites to complete an online application form, or create an account, we will only collect the information you provide as part of that process if you complete and submit the application or register an account with us.

If you log out of our websites or cancel your application or account before submitting it, the information you had entered will be automatically deleted.

2. What Does Fergus Do With My Information?

The information that we collect from you may be used by us for a number of purposes connected with our business such as:

  • 2.1 processing your application for registration for the purpose of becoming a Fergus partner, or use of Fergus services or to access information on our websites made available only to registered users or account holders;

  • 2.2 providing you with products and/or services you have requested or administering your account;

  • 2.3 settling accounts with those who provide related services to us;

  • 2.4 dealing with your requests, enquiries or complaints and other customer care related activities;

  • 2.5 carrying out market and product analysis and marketing our products and services generally;

  • 2.6 registering your details and allocating or offering you rewards, discounts or other benefits and fulfilling any requests or requirements you may have in respect of our partner programmes and other similar schemes;

  • 2.7 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;

  • 2.8 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;

  • 2.9 for general administrative and business purposes.

Our Site is not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Site. We do not knowingly collect personal information from children under 13.

If you are under 13, do not use or provide any information on this Site or on or through any of its features/register on the Site or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use.

If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at support@fergus.com.

Most of our services do not require any form of registration, allowing you to visit our site without telling us who you are. However, some services may require you to provide us with Personal Data. In these situations, if you choose to withhold any Personal Data requested by us, it may not be possible for you to gain access to certain parts of the site and for us to respond to your query.

3. Will Fergus Share My Information?

Fergus will not sell your information to third parties. All other data collected is not individually identifiable, and is used for internal research purposes. However, there may be times when we need to disclose your personal information to third parties. If we do this, we will only disclose your information to:

  • 3.1 those who provide products or services to us, or products or services that support the services that we provide, such as our Business Partners, and other suppliers;

  • 3.2 anyone who assists us in protecting the operation of the Fergus Software, and our networks and central solution systems, including the use of monitoring and detection in order to identify potential threats, such as hacking and virus dissemination and other security vulnerabilities;

  • 3.3 anyone who hosts or maintains data centres, service platforms and other infrastructure and systems on behalf of us, where your information is processed and or stored, which may be in a country other than New Zealand;

  • 3.4 persons to whom we may be required to pass your information by reason of legal, governmental or regulatory authority including law enforcement agencies and emergency services;

  • 3.5 any person or organisation as authorised by the New Zealand Privacy Act 1993.

4. What Does Fergus Do With My Customers’ Information?

All information entered regarding your customers and undertaken in your day-to-day use of the Fergus software will be afforded the same privacy standards contained herein for you. We do not access this information unless requested by you nor will we pass it on to third parties unless required to do so as per the provisions of this Privacy Policy.

5. How Does Fergus Use Cookies?

Fergus uses technology in order to offer you the most convenient, secure and relevant services. An example of the technology that Fergus uses is a “cookie”. Cookies are an element of data that a website can send to your browser, which may then store it on your system for record-keeping purposes. Some cookies can be used to provide you with tailored information from a website. Fergus uses cookies to maintain our security requirements during your use of our website along with standard internet log information and details of our visitors’ behaviour patterns in order to obtain statistics of the number of visits and the popular parts of those websites. These statistics are gathered and used solely for the purposes of analysing, evaluating and improving the content of Fergus’s websites.

6. Will Fergus Protect My Personal Information?

We will take reasonable steps to ensure that the personal information we collect, use or disclose is accurate, complete, up-to-date and stored in a secure environment protected from unauthorised access, use, modification or disclosure.

7. How Does Fergus Retain And/Or Store My Information?

We may retain all personal information that we collect (on both our active systems and our archive systems), for as long as is necessary for us to carry out the purposes for which the information was collected (including for the purpose of providing services to you). For registration and account information, this means that the information is likely to be retained for the period of time that we consider your account to be “active”. An “inactive” account is where the account is not used for a continuous period of two (2) years.

The location at which we store your personal information will depend on the nature and purpose of the information and the manner in which you supply it to us. Fergus will at its discretion use, process, and store your personal information at our premises and/or storage facilities whether in New Zealand or another country. You hereby consent to this transfer. You further agree that this agreement and any issues relating to privacy matters is governed by the laws of New Zealand and each party submits to the jurisdiction of the Courts of New Zealand and its privacy laws. In the event Fergus decides to store the personal information outside of New Zealand, you still agree to be bound by the provisions of this clause.

8. How Can I Access My Personal Information Held By Fergus?

You have the right to know whether or not we hold any personal information about you. You also have the right to access your personal information, if we hold that personal information in a way that it can be readily retrieved. You may request access to the personal information we hold about you by sending an email to: support@fergus.com. We will fulfil your request by sending your copy electronically, unless the request specifies a different method. For any subsequent access request, we may charge you with an administration fee.

9. Changes To Our Privacy Policy

We may change this Privacy Policy from time to time at our discretion. Should we deem this amendment significant we will notify you through the contact details you have provided us. It is your responsibility to ensure the contact details we hold for you are valid and current at all times.

The privacy policy forms a part of our Terms of Service and should be read in conjunction with them. By creating a Fergus account, or by viewing and using our websites or related services offered in conjunction with our websites, you agree to Fergus collecting and using your personal information as set out in this Privacy Policy. If you do not agree to any part of this Privacy Policy you can either contact us at support@fergus.com or you can stop accessing or using our websites and services.

We cannot guarantee the security of any information that is transmitted to or by us over the Internet. The transmission and exchange of information is carried out at your own risk. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that the personal information we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.

We may in the future contact you to inform you of services and products available from Fergus or our partners. If you do not wish to receive these offers you may opt out at any time.

If you decide not to provide the personal information requested when you use, register or open an account on our website, this may result in services or products (including related services offered in conjunction with our websites) not being offered or provided to you.

Please also note that while the Fergus website hyperlinks to various other websites, Fergus is not responsible for the privacy practice of those websites and/or the reliability of the information published on those websites.

Contact us

You may contact us at any time to:

  • Request access to information that Fergus has about you.
  • Correct any information that Fergus has about you.
  • Delete any information that Fergus has about you.
  • If you have any questions regarding this policy or our collection or storage of data, you may contact Fergus - internationally via email at support@fergus.com or via phone:

New Zealand: +64 9 972 9942
Australia: +61 476 114 962

or via post at:

65 New North Road
Eden Terrace
Auckland 1021
New Zealand

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