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DE SILVA CONSULTING LIMITED – PRIVACY POLICY

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De Silva Consulting Limited trading as DS Consulting (NZCN 6978313) (we, us or our), understands that protecting your personal information is important. This Privacy Policy sets out our commitment to protecting the privacy of personal information provided to us, or otherwise collected by us when providing our IT consulting, business management, cloud solutions, and/or project management services (Services) to you.

This Privacy Policy takes into account the requirements of privacy laws, codes and regulations in New Zealand, including the Privacy Act 2020 (Privacy Laws).

This Privacy Policy explains:

  • the types of personal information we may collect about you;

  • how we might collect your personal information;

  • how we may use and disclose your personal information;

  • how we will store your personal information;

  • our use of cookies and analytics tools in connection with our Services;

  • your rights to request access to and correction of your personal information; and

  • how you can contact us if you have any other questions regarding our collection, use, storage and disclosure of your personal information.

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Personal information

Personal information means identifiable information about you, for example your name, email, address, telephone number and so on. If you cannot be identified (for example, when personal information has been aggregated and anonymised) then certain parts of this policy may not apply to that information.

The personal information we collect

The types of personal information we may collect about you include:

  • Identity Data including first name, middle name, last name, title, age, date of birth, gender, and job title.

  • Contact Data including billing address, email address and telephone numbers.

  • Financial Data including bank account and payment card details.

  • Technical and Usage Data including internet protocol (IP) address, your login data, your browser session and geo-location data, your location information (for example your GPS location), device and network information, statistics on page views and sessions, acquisition sources, search queries and/or browsing behaviour, information about your access and use of our website, including through the use of Internet cookies, your communications with our website, the type of browser you are using, the type of operating system you are using and the domain name of your Internet service provider.

  • Professional data including where you are a worker of ours or applying for a role with us, your professional history such as your previous positions and professional experience.

  • Requested data: including any other personal information requested by us and/or provided by you or a third party.

 

How we collect personal information

We collect personal information in a variety of ways, including:

  • Directly: We collect personal information which you directly provide to us, including through the ‘contact us’ form on our website or when you request our assistance via email, our online chat or over the telephone.

  • Indirectly: We may collect personal information which you indirectly provide to us while interacting with us, such as when you use our website, in emails, over the telephone and in your online enquiries.

  • From third parties: We collect personal information from third parties, such as details of your use of our website from our analytics and cookie providers and marketing providers. See the “Cookies” section below for more detail on the use of cookies.

  • From publicly available sources: We collect personal information from publicly available sources such as the New Zealand Companies Office and professional networking sites such as LinkedIn.

 

Collection and use of personal information

Personal information: We may collect, hold, use and disclose personal information for the following purposes:

  • to assess whether to take you on as a new client, including to perform anti-money laundering, anti-terrorism, sanction screening, fraud and other background checks on you;

  • to provide our Services to you, including to evaluate your IT requirements and deliver the specific Services procured by you;

  • to enable you to access and use our associated applications

  • to contact and communicate with you about our Services and any enquiries you make via our website;

  • for internal record keeping, administrative, invoicing and billing purposes;

  • for analytics, market research and business development, including to operate and improve our Services, associated applications;

  • to detect and/or prevent any illegal activity that may threaten us or our Services;

  • for advertising and marketing, including to send you promotional information about our products and services and information that we consider may be of interest to you, noting we will comply with all laws that are relevant to marketing (including the Unsolicited Electronic Messages Act 2007 and Fair Trading Act 1986);

  • to comply with our legal obligations and resolve any disputes that we may have;

  • if you have applied for employment with us; to consider your employment application; and

  • if otherwise required or authorised by law.

 

Disclosure of personal information to third parties

We may disclose personal information to:

  • third party service providers for the purpose of enabling them to provide their services, to us, including (without limitation) IT service providers, data storage, web-hosting and server providers, debt collectors, couriers, maintenance or problem-solving providers, marketing or advertising providers, professional advisors and payment systems operators;

  • our employees, contractors and/or related entities;

  • our existing or potential agents or business partners;

  • anyone to whom our business or assets (or any part of them) are, or may (in good faith) be, transferred;

  • courts, tribunals and regulatory authorities, in the event you fail to pay for goods or services we have provided to you;

  • courts, tribunals, regulatory authorities and law enforcement officers, as required or authorised by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights; and

  • any other third parties as required or permitted by law, such as where we receive a subpoena.

 

Your rights and controlling your personal information

Your choice: Please read this Privacy Policy carefully. If you provide personal information to us, you understand we will collect, hold, use and disclose your personal information in accordance with this Privacy Policy. You do not have to provide personal information to us, however, if you do not, it may affect our ability to provide our Services to you and your use of our Services.

Information from third parties: If we receive personal information about you from a third party, we will protect it as set out in this Privacy Policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide the personal information to us.

Restrict and unsubscribe: To object to processing for direct marketing/unsubscribe from our email database or opt-out of communications (including marketing communications), please contact us using the details below or opt-out using the opt-out facilities provided in the communication.

 

Access: You may request access to the personal information that we hold about you. An administrative fee may be payable for the provision of such information. Please note, in some situations, we may be legally permitted to withhold access to your personal information.

Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will take reasonable steps to promptly correct any information found to be inaccurate, out of date, incomplete, irrelevant or misleading. Please note, in some situations, we may be legally permitted to not correct your personal information.

Complaints: If you wish to make a complaint, please contact us using the details below and provide us with full details of the complaint. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take in response to your complaint. You also have the right to contact the Office of the New Zealand Privacy Commissioner.

Storage and security

 

We are committed to ensuring that the personal information we collect is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures, to safeguard and secure personal information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.

While we are committed to security, we cannot guarantee the security of any information that is stored by us or transmitted to or by us over the Internet. The transmission and exchange of information is carried out at your own risk.

Cookies

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We may use cookies on our online Services from time to time. Cookies are text files placed in your computer's browser to store your preferences. Cookies, by themselves, do not tell us your email address or other personally identifiable information. If and when you choose to provide our online Services with personal information, this information may be linked to the data stored in the cookie.

We use the following cookies:

  • Strictly necessary cookies. These are cookies that are required for the operation of our online Services. They include, for example, cookies that enable you to log into secure areas of our online Services, use a shopping cart or make use of e-billing services.

  • Analytical/performance cookies. These are cookies that allow us to recognise and count the number of visitors to our online Services and to see how visitors move around our online Services when they are using them. This helps us to improve the way our online Services work, for example, by ensuring that users find what they are looking for easily.

  • Functionality cookies. These are used to recognise you when you return to our online Services. These cookies enable us to personalise our content for you and remember your preferences (for example, your choice of language or region).

 

Links to other websites

Our Services may contain links to other websites. We do not have any control over those websites and we are not responsible for the protection and privacy of any personal information which you provide whilst visiting those websites. Those websites are not governed by this Privacy Policy.

Amendments

If you are in New Zealand, we may, at any time and at our discretion, vary this Privacy Policy by publishing the amended Privacy Policy on our website. We recommend you check our website regularly to ensure you are aware of our current Privacy Policy.

 

For any questions or notices, please contact our Privacy Officer at:

De Silva Consulting Limited trading as DS Consulting (NZCN: 6978313)

Address: Level 26, HSBC Tower, 188 Quay Street, Auckland, 1010, New Zealand

Phone: +64 9 522 5400

Email: chris.desilva@dsconsulting.co.nz

Last update: 13 September 2022

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