Privacy Policy

Introduction

UpSchool Limited (we, us, our) complies with the New Zealand Privacy Act 1993 (the NZ Privacy Act) and other applicable privacy and data protection laws when dealing with personal information. Personal information is information about an identifiable individual (a natural person).

This policy sets out how we will collect, use, disclose and protect your personal information.

If you are based in the European Union and use our website and/or services, the additional terms in the addendum to this policy (GDPR Addendum) apply to you.

This policy does not limit or exclude any of your rights under the NZ Privacy Act and other applicable laws. If you wish to seek further information on the NZ Privacy Act, see www.privacy.org.nz.

Changes to this policy

We may change this policy by uploading a revised policy onto the website. The change will apply from the date that we upload the revised policy.

This policy was last updated on 20th October 2018.

What personal information do we collect

We collect, hold and process two categories of personal information:

Account and Marketing Data is personal information that we collect about you:

in connection with the creation or administration of a customer account

if you ask to receive information about us or our services or sign up to access certain resources

when you contact us directly (e.g. telephone call, website enquiry form, or email ) or visit our website.

The Account and Marketing Data we collect may include company/personal names, phone numbers, email addresses, your location, billing information, information about how you use our website or services (for example, traffic volumes, time spent on pages), your IP address and/or other device identifying data, and other information required to provide a service or information you have requested from us.

The remainder of this privacy policy sets out how we will collect, use, disclose and protect Account and Marketing Data.

Who do we collect your personal data from

We collect personal information about you from:

you, when you provide that personal information to us, including via our website and services through any registration process, through any contact with us (e.g. telephone call, email)
third parties where you have authorised this or the information is publicly available. If possible, we will collect personal information from you directly.

When you visit or use our website or services, we may collect information about you:

by recording clickstream data, which is information that is recorded when you click anywhere on the website and is used for the purposes of collecting, analysing and reporting data about how you use our website and services; and
through the use of cookies and similar storage technologies. Please refer to the Cookies section of the GDPR Addendum for further information, including information on how you can disable these technologies.

The provision of some personal information is optional. However, if you do not provide us with certain types of personal information, you may be unable to enjoy the full functionality of our website or services.

How we use your personal information

We use your personal information:

to verify your identity
to provide the website and our services to you
to market our services and products to you, including contacting you electronically (e.g. by text or email for this purpose) that you may choose (or opt in) to receive. You can stop receiving our promotional emails or service related communications by following the unsubscribe instructions included in those communications
to tailor content or advertisements to you
to improve the website and services that we provide to you
to respond to communications from you.

We may also combine information we collect (aggregate) or remove personally identifiable (anonymise) information to conduct research and statistical analysis. This privacy policy does not apply to our use of such aggregated or anonymous information.

We may also use your personal information:

to protect and/or enforce our legal rights and interests, including defending any claim
for any other purpose authorised by you, the Act or other applicable law

to respond to lawful requests by public authorities, including to meet law enforcement requirements

to transfer your information in the case of a sale, merger, consolidation, liquidation, reorganisation or acquisition.

Disclosing your personal information

We may disclose your personal information to:

another company within our group for the purposes described in this policy

any business that supports our services and products, including any person that hosts or maintains any underlying IT system or data centre that we use to provide the website or other services

other third parties (for anonymised statistical information)

a person who can require us to supply your personal information (e.g. a regulatory authority)

any other person authorised by the NZ Privacy Act or other applicable law (e.g. a law enforcement agency)

our professional advisers e.g. accountants, lawyers, auditors

any other person authorised by you

any other company in the case of a sale, merger, consolidation, liquidation, reorganisation or acquisition.

A business that supports our services and products may be located outside the European Economic Area (EEA) or New Zealand. This may mean your personal information is held and processed outside the EEA or New Zealand. Please see the GDPR Addendum for further information about personal data transfers from the EEA.

We share information about your use of the website with our trusted social media, advertising and analytics partners through the use of cookies, web beacons and similar storage technologies. Please refer to the Cookies section of the GDPR Addendum for further information.

Protecting your personal information

We will take reasonable steps to keep your personal information safe from loss, unauthorised activity, or other misuse. We implement appropriate technical and organisational measures to ensure a level of security appropriate to risks inherent in processing personal information.

You can play an important role in keeping your personal information secure by maintaining the confidentiality of any password used in relation to our products and services. Please do not disclose your password to third parties. Please notify us immediately if there is any unauthorised use of your account or any other breach of security.

Assessing and correction your personal information

Subject to certain grounds for refusal set out in the NZ Privacy Act or other applicable law, you have the right to access your readily retrievable personal information that we hold and to request a correction to your personal information. Before you exercise this right, we will need evidence to confirm that you are the individual to whom the personal information relates.

In respect of a request for correction, if we think the correction is reasonable and we are reasonably able to change the personal information, we will make the correction. If we do not make the correction, we will take reasonable steps to note on the personal information that you requested the correction.

If you want to exercise either of the above rights, email us at info@upschool.co.nz. Your email should provide evidence of who you are and set out the details of your request (e.g. the personal information, or the correction, that you are requesting).

Internet use

While we take reasonable steps to maintain secure internet connections, if you provide us with personal information over the internet, the provision of that information is at your own risk.

If you follow a link on our website to another site, the owner of that site will have its own privacy policy relating to your personal information. We suggest you review that site’s privacy policy before you provide personal information.

If you have any questions about this privacy policy, our privacy practices, or if you would like to request access to, or correction of, your personal information, you can contact us here: info@upschool.co.nz.

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UpSchool privacy policy - GDPR addendum

If you are based in the European Union (EU) and use our website and/or our services, these additional terms (GDPR Addendum) form part of our privacy policy.

Capitalised terms used in this GDPR Addendum have the same meaning given to them in our privacy policy.

The General Data Protection Regulation (GDPR) regulates the collection, processing and transfer of EU individuals’ personal data (as defined in the GDPR). The personal information described in our privacy policy is personal data under the GDPR. We are committed to complying with the GDPR when dealing with Account and Marketing Data about our website visitors and service users based in the EU.

This GDPR Addendum was drafted with brevity and clarity in mind. It does not provide exhaustive detail of all aspects of our collection and use of personal data. However, we are happy to provide any additional information or explanation needed. Any requests for further information should be sent to info@upschool.co.nz.

For the purposes of the GDPR:

we are the data controller (as defined in the GDPR) when processing Account and Marketing Data;

Processing personal data

The Account and Marketing Data we may process is described in our privacy policy. This Account and Marketing Data may be processed for the purposes outlined in our privacy policy.

The legal basis for our processing of Account and Marketing Data is your consent and, for certain Account and Marketing Data, processing is necessary for the performance of a contract to which you are a party.

Despite the above, we may process any of your personal data where such processing is necessary for compliance with applicable laws.

You do not have to provide us with your name or contact information to access and use certain parts of the website.

Your rights

Your rights in relation to your personal data under the GDPR include:

right of access - if you ask us, we will confirm whether we are processing your personal data and provide you with a copy of that personal data.

right to rectification - if the personal data we hold about you is inaccurate or incomplete, you have the right to have it rectified or completed. We will take every reasonable step to ensure personal data which is inaccurate is rectified. If we have shared your personal data with any third parties, we will tell them about the rectification where possible.

right to erasure - we delete your personal data when it is no longer needed for the purposes for which you provided it. You may request that we delete your personal data and we will do so if deletion does not contravene any applicable laws. If we have shared your personal data with any third parties, we will take reasonable steps to inform those third parties to delete such personal data.

right to withdraw consent - if the basis of our processing of your personal data is consent, you can withdraw that consent at any time.

right to restrict processing - you may request that we restrict or block the processing of your personal data in certain circumstances. If we have shared your personal data with third parties, we will tell them about this request where possible.

right to object to processing - you may request that we stop processing your personal data at any time and we will do so to the extent required by the GDPR.

right to data portability - you may obtain your personal data from us that you have consented to give us or that is necessary to perform a contract with you. We will provide this personal data in a commonly used, machine-readable and interoperable format to enable data portability to another data controller. Where technically feasible, and at your request, we will transmit your personal data directly to another data controller.

the right to complain to a supervisory authority - you can report any concerns you have about our privacy practices to the relevant data protection supervisory authority.

Where personal data is processed for the purposes of direct marketing, you have the right to object to such processing, including profiling related to direct marketing.

If you would like to exercise any of your above rights, please contact us at info@upschool.co.nz. If you are not satisfied by the way your query is dealt with by our data protection officer, you may refer your query to your local data protection supervisory authority e.g. in the United Kingdom, this is the Information Commissioner’s Office.

Children

We do not intend to collect personal data from children aged under 16. If you have reason to believe that a child under the age of 16 has provided personal data to us through our website and/or by using our services, please contact our Data Protection Officer at info@upschool.co.nz.

Cookies

We use cookies (an alphanumeric identifier that we transfer to your computer’s hard drive so that we can recognise your browser) to monitor your use of the website. We use the following types of cookies for the following purposes:

strictly necessary cookies served by us – these cookies are essential for the full functionality of our website and are used to secure your session and grant access to resources while you are using the website or services. These are session cookies which expire automatically 20 minutes after using the website or services

tailored content cookies served by Google Analytics – these cookies help our website provide enhanced features and are used for service improvement and to deliver content relevant to you

targeting cookies served by Google Adwords – these cookies are used to deliver advertising relevant to your interests

Information about Google’s cookies is available from: https://www.google.com.au/policies/technologies/types/. Google’s privacy policy relating to its cookies is available at https://www.google.com/policies/privacy/partners/. If you would like to customise or opt out of these settings please visit: https://tools.google.com/dlpage/gaoptout.

Google Adwords presents advertising relevant to your interests when you access the website or our services, generated from data relating to your access and use of the website or our services. Google Adwords places cookies on your browser to collect information about your past use of the website and then places ads on sites across the Internet that are more likely to be of interest to you. If you would like to customise or opt out of AdWord’s behavioural advertising, you can visit Google’s Ads Settings at https://adssettings.google.com/authenticated.

You can learn more about interest-based advertising and opt out of interest-based advertising from participating online advertising companies at the following links:

Network Advertising Initiative (NAI) – http://optout.networkadvertising.org/

Digital Advertising Alliance (DAA) – http://optout.aboutads.info/

Digital Advertising Alliance EU (EDAA) – http://www.youronlinechoices.com/

DAA AppChoices page – http://www.aboutads.info/appchoices

Please note that opting out of interest-based advertising does not mean you will no longer be served advertising. You will continue to receive generic ads.

You can control and/or delete cookies as you wish. You can delete all cookies that are already on your computer and you can set most browsers to prevent them from being placed. If you do this, however, you may have to manually adjust some preferences every time you visit our website and attempt use our services, you may not be able to access certain parts of our website or services, and some functionalities may not work. You can find out more information about how to change your browser cookie settings at http://www.aboutcookies.org.uk.

International transfer of data

The Account and Marketing Data may be transferred to, and stored in, a country operating outside the European Economic Area (EEA). Under the GDPR, the transfer of personal data to a country outside the EEA may take place where the European Commission has decided that the country ensures an adequate level of protection. In the absence of an adequacy decision, we may transfer personal data provided appropriate safeguards are in place.

The personal data we collect is processed by the third-party processors set out the table below.

Some of the Account and Marketing Data we collect is processed in New Zealand (where our registered office is located). New Zealand is recognised by the European Commission as a country that ensures an adequate level of data protection and we rely on this decision in transferring personal data to New Zealand.

Some of the Account and Marketing Data we collect is processed by us and/or third party data processors in other countries, including the United States. These countries are not subject to an adequacy decision by the European Commission and instead, in transferring your personal data to these countries, we take other appropriate safeguards as prescribed by the GDPR. We have verified that our data processors in the United States have self-certified under the EU-US Privacy Shield framework.

List of third party processors as at 15 May 2018:

Third party processor	Purpose	Location of processor	Policy pages
Google, Inc.	Analytics Advertising	USA	https://policies.google.com/privacy?hl=en&gl=nz

Data retention policy

Account and Marketing Data that we collect and process will not be kept longer than necessary for the purposes for which it is collected, or for the duration required for compliance with applicable law, whichever is longer.

Contacting us

You can contact us as set out in our privacy policy.

The name and contact details of our Data Protection Officer are Kevin Martin,

info@upschool.co.nz