“AU Privacy Act” means the Privacy Act 1988 (Cth), as amended from time to time.
“Government Related Identifiers” means an identifier assigned to any individual by an agency, a State or Territory authority, an agent of an agency, or State or Territory authority, acting in its capacity as agent; or a contracted service provider for a Commonwealth contract, or a State contract, acting in its capacity as contracted service provider for that contract.
“NZ Privacy Act” means the Privacy Act 2020 (NZ), as amended from time to time.
“OAIC” means the Office of the Australian Information Commissioner.
“Personal Information” refers to the meaning given to it under the relevant AU Privacy Act or NZ Privacy Act for your region. You should read this document in its entirety.
“Platforms” refers to the sites hnry.co.nz, hnry.co, hnry.io, hnry.com.au (including all subdomains and associated apps for Hnry, which from time to time, the Services are promoted and/or delivered from).
“Sensitive Information” has the meaning to give to that term in the relevant AU Privacy Act or NZ Privacy Act for your region.
“Services” means the services that are to be provided by Hnry, which may include, but is not limited to:
- the promotion, administration, and operation of accounting and taxation automation services;
- Platform interactive chat functions and guidance materials for visitors, subscribers and customers of subscribers;
- the engagement of visitor, subscribers, customers of subscribers and third parties in the ordinary course of Hnry business;
- the provision of Platforms services from time to time, including engagement with third party websites.
“You” or “your” means you and anyone using the Website, Services or otherwise contacting us (on your own behalf, or for another individual or entity).
3. COLLECTION OF INFORMATION
3.1 Hnry is required to collect, use, store and transfer various types of Personal Information and Sensitive Information. This includes:
(Personal details) including information that you provide us in the course of using the Hnry Services, such as your name, date of birth, Government Related Identifiers (including tax file number or driver’s licence number);
(Contact details) including your email address, residential address, billing address, telephone number and any other contact details that you provide to us as part of the Services;
(Transaction information) including details of the Services which you require from Hnry, payments made to and from you in connection with the Services, identity of customers (as applicable), details of Services otherwise dealt with when providing the Services;
(Financial information) including billing and payment details (such as bank account numbers), IRD number, and GST number;
(Employee and contractor records) including engagement, training, and discipline information (as applicable), remuneration details, membership of a professional or trade association (as applicable), trade union membership (as applicable), leave entitlements, superannuation details, and Government Related Identifiers (for only collecting, using, or disclosing as reasonably necessary for the Services);
- (Third party information) in order to use Hnry, we also request certain third-party information. This includes your customers’:
- full name, physical address, email address and phone number; and
- if Hnry is unable to collect the above information, then we may be unable to provide you with our Services;
- any other Personal Information that may be required in order to facilitate your dealings with us.
3.2 Hnry collects this information in various ways, including but not limited to when:
you access, use, provide feedback or otherwise interact with the Platforms, including support messages and use of third-party websites or integrated with our Services;
you communicate with our representatives or Hnry staff members during the course of providing you with the Services;
you complete a contract for the Services;
you send information in emails or correspond with Hnry during the provision of the Services;
we lawfully obtain any information from third parties such as verification services and credit reporting agencies;
we indirectly obtain information from you, such as information about the hardware and software you use when accessing the Services, your IP address, the pages you access on the Platforms, and other websites that you visit prior to accessing the Platforms; and
3.3 Where we solicit Personal Information, we only collect:
- non-Sensitive Information if it is reasonably necessary for the Services we provide; and
- Sensitive Information, if it is reasonably necessary for or directly related to Services we provide and you have consented to its collection, or its collection is permitted or authorised by law.
3.4 If we solicit Personal Information, we will generally solicit it directly from you, unless it is unreasonable or impracticable for us to do so. Where we collect Personal Information about you from a third party without your prior consent, we will take reasonable steps to inform you that we have collected Personal Information.
3.5 Hnry is required to collect certain Personal Information under the following Acts:
- The Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (AML/CFT) in New Zealand; and
- The Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (AML/CFT) in Australia.
3.6 We are required to collect Personal Information in order to:
to provide Services to you and undertake associated business processes and functions;
to verify your identity and comply with legal obligations under the relevant AML/CFT Laws for your region;
to collect payment for your use of the Services provided;
to troubleshoot problems with the Platforms and the Services provided;
to detect and prevent fraud and other illegal use of the Platforms and the Services provided;
to send you marketing notices, service updates, and promotional offers;
- for administration, planning, and account management;
to develop, monitor, and improve Services; and
- any other purpose disclosed to you at the time of information collection.
4. SHARING INFORMATION WITH OTHERS
4.1 Hnry will not sell or lease the information we collect to third parties for their promotional purposes unless we receive your permission to do so. Nevertheless, we may share Personal Information about you as follows:
(providing the Services) to entities or service providers under contract with Hnry for the purposes of conducting our business and providing our services to you. This includes transaction processing, running analytics, fraud prevention and professional advisors such as solicitors, briefing business advisors and consultants. It also includes entities we partner with to offer additional products and services, but only when you elect to receive information about those additional products and services;
(Sale of Hnry and business assets) in the event of the sale, acquisition, or merger of some or all of our assets, your personal information might be a part of the transferred assets. We shall notify you in the event of such an occurrence by placing a notice on our Platform;
(Law enforcement and government body requests) only in connection with a formal request, subpoena, court order, or similar legal procedure, as well as circumstances where we believe in good faith that disclosure is necessary to comply with the law, report suspected illegal activity, or investigate violations of our User Agreement. This is to satisfy our obligations under the relevant AML/CFT Laws;
- (Legal requirements) As may be required under any other law;
(Secondary purposes) for related purposes where it would be reasonable to expect us to do so, and for Sensitive Information that purpose is directly related to the primary purpose for which it was collected; and
- (Consented purpose) for any other purposes for which you have consented from time to time.
5. DATA RETENTION
5.1 Hnry is required to hold customer information for a period of 7 years to comply with our business obligations. Should you wish to close your account we will remove access to your Hnry account. However, all information relating to your contracts will be retained for a period of 7 years, including but not limited to:
- Your name, address, date of birth and other relevant Personal Information;
- The amount you paid and the amount that was received by the beneficiary;
- The details of the recipient bank account; and
- The details of the recipient bank account.
5.2 To determine the appropriate retention period for Personal Information, we consider the amount, nature and sensitivity of the Personal Information, the potential risk of harm from unauthorised use or disclosure of your Personal Information, the purposes for which we process your Personal Information and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting, or other requirements.
5.3 Where we anonymise your Personal Information (so that it can no longer be associated with you) for research or statistical purposes, we may use this information indefinitely without further notice to you.
6. MODIFY OR RESTICT YOUR INFORMATION
6.1 Options to access, modify or update your Personal Information saved to the Platforms can be found by logging into your account and changing your preferences or, in the instances where Personal Information cannot be modified or amended by you, by contacting Hnry to request changes you may deem necessary.
6.2 Hnry will take reasonable steps to ensure that all information we hold on your file is up to date, complete and accurate, this is in order to minimise the possibility that you are uncontactable and appropriate information is used to make a decision about you. However, please note that Hnry is in no way responsible for information that is not updated on your account and as such advises all customers that they routinely check that the information provided on their account is correct.
6.3 A Hnry customer may restrict the sharing of their Personal Information as follows:
if, after giving Hnry your permission to share your Personal Information with third parties, with whom we deem it necessary to provide our jointly offered services, you later decide that you no longer want us to share such information, you can email email@example.com; and
it should be noted that a request to restrict or modify the use of your information may result in you no longer being able to use our Services.
7. ACCESS AND CORRECT PERSONAL INFORMATION
7.1 We are committed to maintaining accurate, timely, relevant, and appropriate information. We will also update any inaccurate information about you if you inform us that the information is inaccurate, out of date, incomplete, irrelevant, or misleading. You can email firstname.lastname@example.org.
7.2 There are no charges for requesting access to or the correction of your Personal Information, however, if the volume of information we hold is excessively large, we reserve our rights to charge you any reasonable administration fees (including fees for photocopying) associated with your request.
7.3 You are entitled to request all Personal Information held by Hnry at any given time, provided it follows the AU Privacy Act or NZ Privacy Act. To do so, you need to contact Hnry directly. Where you are entitled to that information, Hnry will ensure it is provided in the manner you requested it within a reasonable time of such request. If it is not practical or possible to do so, Hnry will provide the information in another suitable form such as via email or post.
7.4 There may be circumstances which mean that information cannot be released to you. For example, these circumstances may include:
- the information may impact the privacy of another individual;
- the information is commercially sensitive evaluative information;
- the information is subject to solicitor-client or litigation privilege;
- Hnry is prohibited by law from providing you with access; and
- the disclosure could be expected to threaten the safety, physical or mental health or life of an individual.
7.5 If Hnry decides that it cannot provide you with certain information, it will outline the reasons for its decision in writing and the mechanisms available to complain about the refusal.
7.6 In order to protect the confidentiality of your Personal Information, details of your information will only ever be passed on to you where we are satisfied that the information relates to you. Accordingly, we may request documentation from you which confirms your identity before passing on any Personal Information which relates to you.
8. SECURITY - SSL SECURED
8.1 Hnry takes all reasonable steps to maintain the security of your Personal Information whilst it is in our possession. We may hold Personal Information in various forms, including without limitation, electronic records, visual records, and audio recordings. We have a range of safeguards to protect this information.
8.2 Hnry takes reasonable steps to:
(Keep current records) to ensure that Personal Information we collect is accurate, up-to-date, complete, and relevant, other than where it is only collected to provide advice in respect of a particular point in time, in which case we will seek to ensure it is accurate, complete and relevant as at that particular point in time;
(Safeguard Personal Information) from misuse, interference, and loss and from unauthorised access, modification, or disclosure by using highest level of online security available to us. We have put in place SSL [Secure Socket Layer] encryption technology to protect your Sensitive Information transmitted from the Platforms. We also require a username and password from each user who wishes to access the information held in their Hnry account and other areas on the Platforms;
(Retain only for the Services) all forms of Personal Information that are gathered for the Services and keep such information online on your account;
(De-identify Personal Information) or destroy Personal Information that is no longer required for the purposes that it was collected, except where it is necessary to retain it in order to maintain ongoing records for you; and
(Physical security) is maintained over our paper and electronic data stores.
8.3 We cannot guarantee the security of information transmitted via the internet. As such, transmission of Personal Information via the internet is at your own risk and we cannot be held responsible for the security of such information. This includes transmission of your Personal Information to us from third parties via the internet.
8.4 Your use of, or the supply of your information to, third parties who supply us with information, or who we are required to supply information to, in connection with the Services is entirely at your own risk and we make no representations or warranties regarding third parties’ privacy practices.
8.5 We can store your information physically or electronically ourselves, or with others contracted to hold the information for us in New Zealand, Australia or overseas. We will act reasonably to ensure that your information is protected from unauthorised use or disclosure.
9. UNSOLICITED INFORMATION
9.1 If you provide Personal Information that we have not requested, we will only retain it in limited circumstances. We will only retain the unsolicited information if it is reasonably necessary for us to provide you with the Services, and you have consented to the information being collected, or it was not practical or reasonable for us to obtain your consent under the circumstances.
9.2 If these conditions are not met, we will destroy the unsolicited information. If the unsolicited information we receive about you is Sensitive Information, we will always obtain your consent.
10. OVERSEAS DISCLOSURE
10.1 It is unlikely that we will need to disclose your Personal Information to an overseas recipient or otherwise store your Personal Information overseas. If we do need to do so, this will generally be limited to third party providers of services such as website hosting, data storage, electronic communications, and data analysis. Any such disclosure will be done in accordance with the relevant AU Privacy Act or NZ Privacy Act. This includes ensuring we reasonably believe that recipients of Personal Information overseas are subject to a law, or binding scheme, that has the effect of protecting Personal Information in a way that, overall, is at least comparable to the AU Privacy Act.
10.2 We take reasonable steps to ensure that persons to whom the disclosed Personal Information relates to have comparable rights in relation to that information once disclosed overseas.
11.1 To improve your experience on our Platforms, we may use ‘cookies’, being small data files that are served by our Platforms and stored on your device. These are used by us or third parties for a variety of purposes including to operate and personalise the Platforms. Cookies may be used for recording preferences, conducting internal analytics, conducting research to improve our offering, assisting with marketing, and delivering certain Platform functionality.
11.2 You may refuse to accept cookies by selecting the appropriate setting on your internet browser. However, please note that if you do this, you may not be able to use the full functionality of our Platforms.
12. THIRD PARTY WEBSITES
12.1 The Platform contains links to other websites. Hnry maintains it is not responsible for the privacy practices or the content of other websites. Please ensure you familiarise yourself with the privacy practices of these other sites prior to submitting your Personal Information to them.
13. COMPLAINTS AND DISPUTES
13.2 We will investigate and attempt to resolve your complaint in accordance with the AU Privacy Act and NZ Privacy Act. If you are not satisfied with the outcome of this process, then you may contact the OAIC or Office of the Privacy Commissioner for NZ (OPCNZ) (as applicable).
14. AVAILABILITY AND CHANGES TO THIS POLICY