Whenever we collect, store and use your Personal Information, we will do this in accordance with the New Zealand Privacy Act 2020 (the “NZPA”) and, to the extent applicable, the European Union General Data Protection Regulation (EU) or, as applicable, the United Kingdom Data Protection Regulation (the “GDPR”).
Unless otherwise required under by law, we process your Personal Information as your agent (under the NZPA) and, if applicable, as a data processor (under the GDPR). You act as the data controller in respect of all of your Personal Information, and are responsible for compliance with the applicable privacy laws and for providing notice and/or obtaining the appropriate consents and approvals for us to lawfully process such information.
1. What Personal Information Does Fergus Collect?
We collect Personal 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 Personal 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 Personal Information you had entered will be automatically deleted.
2. What Does Fergus Do With My Information?
The Personal Information that we collect from you may be processed and used by us for the following purposes connected with our business:
- 2.1 responding to any enquiry made by you via email, SMS or any other method, such as to send you requested content, as well as information regarding our products and services;
- 2.2 sending you marketing communications via email, SMS or any other method, in compliance with applicable laws and in accordance with your preferences, that we believe may be of interest to you;
- 2.3 personalising your experience on our websites by presenting information tailored to you;
- 2.4 processing your application for registration for the purpose of becoming a Fergus partner, using Fergus services, or to access information on our websites made available only to registered users or account holders;
- 2.5 providing you with products and/or services you have requested or to administer your account;
- 2.6 settling accounts with those who provide related services to us;
- 2.7 dealing with your requests, enquiries or complaints and other customer care related activities;
- 2.8 carrying out market and product analysis and marketing our products and services generally;
- 2.9 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
- 2.10 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;
- 2.11 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;
- 2.12 for general administrative and business purposes.
and such processing and use is necessary for the performance of the contract between you and us, or is otherwise necessary for us to pursue a legitimate interest, and we have assessed that our interests are not overridden by your interests or fundamental rights and freedoms.
We may also process your Personal Information for such other purposes that are compatible with the purposes described above, or that you otherwise consent to.
Our websites are not intended for children under 13 years of age. No one under age 13 may provide any Personal Information to or on our websites. We do not knowingly collect Personal Information from children under 13.
If you are under 13, do not use or provide any Personal Information on our websites (including through any feature of, or by registering an account on, a website) or otherwise provide any Personal 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 Personal Information from or about a child under 13, please contact us at email@example.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 Information. In these situations, if you choose to withhold any Personal Information 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 or provide certain services to you.
3. Will Fergus Share My Information?
Fergus will not sell your Personal 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 Personal 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 Personal 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 Personal 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 2020 or GDPR.
4. What Does Fergus Do With My Customers’ Information?
5. How does Fergus Transfer My Personal Information Overseas?
For customers in the European Economic Area (“EEA”), this means that your Personal Information may be transferred outside of the EEA. Where your Personal Information is transferred to a third party outside the EEA, it will only be transferred to countries that have been identified as providing adequate protection for Personal Information (such as New Zealand), or to a third party where we have approved transfer mechanisms in place to protect your Personal Information (for example, by entering into the European Commission’s Standard Contractual Clauses).
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 our web server may send to your browser when you visit our websites. The cookie is stored on your device or system for record-keeping purposes. Some of the types of cookies we may use include:
- 5.1 Cookies that are necessary to provide you the full functionality of our websites. These can be used to provide you with tailored information from our websites and enable you to navigate them. Without these cookies, you may not be able to access all of the functionality of our websites.
- 5.2 Cookies to maintain our security requirements during your use of our websites, which includes the collection of standard internet log information.
- 5.3. Cookies that collect details of our visitors’ behaviour patterns in order to obtain statistics of the number of visits and the popular parts of our websites. These statistics are gathered and used solely for the purposes of analysing, evaluating and improving the content of Fergus’s websites.
The length of time a cookie will stay on your browsing device depends on what type of cookie it is. Some are persistent cookies (cookies that remain on your hard drive for an extended period of time) and some are session ID cookies (cookies that expire when you close your browser).
7. 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.
Payment security is managed through Windcave for mutual security. Encryption protection is managed with an SSL (Secure Socket Layer) certificate, industry standard 128bit encryption software.
8. How Does Fergus Retain And/Or Store My Personal 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) and for as long as required by law (for example, we keep invoice information for 7 years to fulfil our tax obligations). 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.
9. 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: firstname.lastname@example.org. We will fulfil your request by sending you a copy of your Personal Information electronically. For any subsequent access request, we may charge you with an administration fee.
If you are based in the EEA or the United Kingdom you also have the right, under the relevant GDPR, to:
- request a copy of your Personal Information, or ask us to restrict processing your Personal Information or delete it;
- object to our processing of your Personal Information where we rely on our legitimate interests as the lawful basis for processing;
- withdraw your consent at any time, where our processing of your Personal Information is based on consent; and
- lodge a complaint with your local data protection authority.
You can exercise these rights at any time by sending your request by email to: email@example.com. We will respond to your request in accordance with the applicable laws.
10. Your Acceptance And Consent
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 third party websites, Fergus is not responsible for the privacy practice of those websites and/or the reliability of the information published on those websites.
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 firstname.lastname@example.org or via phone:
New Zealand: +64 9 972 9942
Australia: +61 476 114 962
or via post at:
65 New North Road