Privacy Policy

Policy owner: Phoenix Rogue Limited 
‍Policy approved by: the Directors 
‍Policy reviewed and approved: 01/03/2022 
‍Next review due: 01/03/2023

Phoenix Rogue Limited (PRL) is committed to protecting your privacy and any personal information in relation to your use of our products and services, and as such, fully complies with the New Zealand Privacy Act 2020. This Privacy Policy applies to our website and governs all forms of Personal Information and related data collection and usage by us. The PRL Privacy Policy is to be read in conjunction with the PRL Website Terms of Use, which is available to be accessed online at www.phoenixrouge.com. PRL is governed by New Zealand’s Privacy Principles (NZPP’S) contained in the Privacy Act 2020. For ease of reference, the Principles are featured at the end of this Policy. PRL ensures that all its staff members adhere to the NZPP’s to safeguard your Personal Information. PRL has also adopted the EU General Data Protection Regulation (GDPR) guidelines covering data protection for all businesses transferring data to the European Union. By using our website, or otherwise supplying your personal information to us, you consent to the data practices described in this Privacy Policy. This Privacy Policy also needs to be read in conjunction with our website terms of use, as displayed on our website.  PRL may review and update this Privacy Policy on occasion, (for example to reflect changes to the Privacy Act), any revision or update will be published on the PRL website. This Privacy Policy does not seek to limit or exclude the individual rights of any individual, as prescribed under the Privacy Act 2020, which can be accessed from the resources page at www.nzbt.co.nz.  

Personal Information is information or an opinion that identifies an individual personally. Most of the Personal  Information that PRL may collect about you will be voluntarily provided by you, or your authorised  representative, when you engage with us, to allow us to operate our wider operations and deliver the  products and services that you have requested.  Examples of Personal Information we collect may include;  
— An individual’s name (including that of your authorised representative, if applicable) 
— An individual’s contact details, including your residential and work addresses, email addresses and phone numbers 
— Bank details or Credit Card information relating to the payment of services • Publicly available information relating to you 
— Any documents or other information that you provide to us as part of our provision of services  This Personal Information can be captured in many ways including (interviews, correspondence, by telephone,  by email, via our website www.phoenixrogue.com, from your website, media and publications, from other publicly available sources, from cookies, and from third parties. 

PRL will only disclose your information as authorised by you, as required by law or where required for us to  provide our services, ongoing communications and information updates. PRL will not, share, sell, rent or lease any client list or information to third parties.  PRL may also disclose Personal Information to other agencies where it believes on reasonable grounds that it  falls within one of the exceptions to NZPP 11

Your Personal Information is stored in a manner that reasonably protects it from misuse and loss from  unauthorised access, modification or disclosure. All of the Personal Information PRL holds is stored electronically rather than as a hard copy, for your added  information security. Personal information held or provided to us in electronic form is held on servers controlled by third parties under contractual arrangements with PRL. PRL uses a combination of physical security, password protection and other measures that ensure that Personal Information stored in electronic form is protected from misuse,  interference and loss: and from unauthorised access, modification and disclosure. However, it is not possible for any organisation (including ours), to state that 100% security can be guaranteed.

When your Personal Information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your Personal Information. However, most of the Personal Information is or will be stored in client files (electronic or hard copy) which will be securely retained by us for a minimum of 7 years.

You have the right to request a copy of the Personal Information we hold about you and to update and/or  correct it, subject to certain exceptions if you think it is incorrect.  If you wish to access your Personal Information, please submit your request to PRL’s Privacy Officer (please  see Privacy Policy Complaints and Enquiries) in writing. PRL will acknowledge your request as soon as possible and will respond to the request no later than 20 working days after we receive your request (unless extended under the Privacy Act 2020.) PRL will not charge any fee for your access request but may charge an administrative fee for providing a copy  of your Personal Information. In respect of a request for correction, if we think the correction is reasonable, justified and we are reasonably  able to amend the Personal Information, we will make the correction. In order to protect your Personal Information, we will require identification and if relevant, proof of  authorisation from you before releasing the requested information.

Where reasonable and practicable to do so, we will collect your personal information only from you. However,  in some circumstances, we may be provided with information by third parties. This information may relate to an individual’s Credit History, as an example. Where PRL enters into arrangements with associated contractors and third parties that involve the use or  management of Personal Information that is held by PRL, appropriate provisions will be included to protect that Personal Information.

It is important to us that your Personal Information is up to date. PRL will take reasonable steps to make sure  that your Personal Information is accurate, and this may require individuals being contacted directly. 

The PRL website uses cookies. A cookie is a small element of data that our website may send to your computer.  A cookie is typically stored on your computer’s hard drive and permits our website to recognise you when you return, to our website. Our use of cookies helps us to provide you with a better experience during your use of  our website by allowing us to understand what areas of the website are of interest to you. You may configure  your website browser to not accept cookies, although you may experience a loss of functionality as a result of  this action. 

PRL has appointed a Privacy Officer in accordance with the requirements of the Privacy Act 2020. As part of  their role, the PRL Privacy Officer needs to ensure that PRL’s internal policies and procedures are fully  compliant with requirements under the Privacy Act 2020, NZPP and GDPR. The PRL Privacy Officer will ensure  that all PRL staff and associated contractors understand their commitments under the Privacy Act, NZPP’s and  the GDPR. The PRL Privacy Officer is the focal point for all privacy matters relating to PRL business. This contact may be  from PRL Clients, PRL staff or associated contractors, or the Privacy Commission/Commissioner. PRL’s Privacy Officer is also responsible for ensuring this Privacy Policy is reviewed regularly and maintains  PRL’s compliance to the most up-to-date version of the Privacy Act, NZPP’s and the GDPR.

PRL want to know if you have any concerns about our privacy practices, whether these relate to the way we  collect or share information about you or our decision on your access request. If you do have any concerns at  all, please contact our Privacy Officer and they will endeavour to resolve any issues. The PRL Privacy Officer’s  contact details are recorded below. 
Privacy Officer Name: Cory Carr 
Mobile: 0273369334 
Email: cory@phoenixrogue.com

Purpose of collection of personal information Personal information shall not be collected by any agency unless. (a)The information is collected for a lawful purpose connected with a function or activity of the agency. (b)The collection of the information is necessary for that purpose. 

Source of personal information (1) Where an agency collects personal information, the agency shall collect the information directly from  the individual concerned. (2) It is not necessary for an agency to comply with sub-clause 1 of this principle if the agency believes, on  reasonable grounds, (a) That the information is publicly available information, or (b) That the individual concerned authorises the collection of the information from someone else, or  (c) That non-compliance would not prejudice the interests of the individual concerned, or (d) That non-compliance is necessary- (i) To avoid prejudice to the maintenance of the law by any public sector, including prevention,  detection, investigation, prosecution, and punishment of offences, or (ii) For the enforcement of a law imposing a pecuniary penalty, or (iii) For the protection of public revenue, or (iv)For the conduct of proceedings before any court or tribunal (being proceedings that have been  commenced or are reasonably in contemplation), or (e) That compliance would prejudice the purposes of the collection, or (f) That compliance is not reasonably practicable in the circumstances of the case, or (g) That the information (i) Will not be used in a form in which the individual concerned is identified, or (ii) Will be used for statistical or research purposes and will not be published in a form that could  reasonably be expected to identify the individual concerned, or  (h) That the collection of the information is in accordance with the authority granted under section  54 of this Act. 

Collection of information from subject (1) Where an agency collects personal information from the individual concerned, the agency shall take  such steps (if any) as are, in circumstances, reasonable to ensure that the individual concerned is  aware of, (a) The fact that the information is being collected, and (b) The purpose for which the information is being collected, and (c) The intended recipients of the information, and (d) The name and address of, (i) The agency that is collecting the information, and (ii) The agency that will hold the information, and  (e) If the collection of the information is authorised or required by or under law,  (i) The law by or under which the collection of the information is so authorised or required and (ii) Whether or not the supply of the information by that individual or voluntary  or mandatory, and (f) The consequences (if any) for that individual if all or any part of the requested information is not  provided, and (g) The rights of access to, and correction of personal information provided by these principles.(2) The steps referred to in sub-clause (1) of this principle shall be taken before the information is collected or, if that is not practicable, as soon as practicable after the information is collected. (3) An agency is not required to take the steps referred to in sub-clause (1) of this principle in relation to the collection of information from an individual if that agency has taken those steps in relation to the  collection, from that individual, of the same information or information of the same kind, on a recent  previous occasion. (4) It is not necessary for an agency to comply with sub-clause (1) of this principle if the agency believes,  on reasonable grounds (a) That non-compliance is authorised by the individual concerned, or (b) That non-compliance would not prejudice the interests of the individual concerned, or (c) That non-compliance is necessary (i) To avoid prejudice to the maintenance of the law by any public sector agency, including the  prevention, detection, investigation, prosecution, and punishment of offences, or (ii) For the enforcement of a law imposing a pecuniary, or (iii) For the protection of the public revenue, or (iv) For the conduct of proceedings before any court or tribunal being that proceedings that have  been commenced or are reasonably in contemplation, or (d) That compliance would prejudice the purpose of the collection, or (e) That compliance is not reasonably practicable in the circumstances of the case, or (f) That the information (i) Will not be used in a form in which the individual concerned is identified, or (ii) Will be used for statistical or research purposes and will not be published in a form that could  reasonably be expected to identify the individual concerned.

Manner of collection of personal information Personal information shall not be collected by an agency- (a) By unlawful means, or (b) By means that, in the circumstances of the case (i) Are unfair, or (ii) Intrude to an unreasonable extent upon the personal affairs of the individual concerned, 

Storage and security of personal information An agency that hosts personal information shall ensure, (a) That the information is protected by such security safeguards as if is reasonable in the circumstances  to take against, (i) Lost, and (ii) Access, use, modification or disclosure, except with the authority of the agency that holds the  information, and (iii) Other misuse, and (b) That if it is necessary for the information to be given to a person in connection with the provision of a  service to the agency, everything reasonably within the power of the agency is done to prevent  unauthorised use or unauthorised disclosure of the information. 

Access to personal information (1) Where an agency holds personal information in such a way that it can be readily retrieved the  individual concerned shall be entitled- (a) To obtain from the agency confirmation of whether the agency holds such personal information,  and(b) To have access to that information. (2) Where, in accordance with sub-clause (1)(b) of this principle, an individual is given access to personal  information, the individual shall be advised that, under principle 7, the individual may request the  correction of that information. (3) The application of this principle is subject to the provisions of parts iv and v of this Act.

Correction of personal information. (1) Where an agency holds personal information, the individual concerned shall be entitled (a) To request correction of the information, and  (b) To request that there be attached to the information a statement of the correction sought but not  made. (2) An agency that holds personal information shall, if so requested by the individual concerned or on its  own initiative, take such steps (if any) to correct that information as are, in the circumstances,  reasonable to ensure that, having regard to the purposes for which the information may lawfully be  used, the information is accurate, up to date, complete, and not misleading. (3) Where an agency that holds personal information is not willing to correct that information in  accordance with a request by the individual concerned, the agency shall, if so requested by the  individual concerned take such steps (if any) as are reasonable in the circumstances to attach  information, in such a manner that it will always be read with the information, any statement provided by that individual of the correction sought. (4) Where the agency has taken steps under sub-clause (2) or sub-clause (3) of this principle, the agency  shall, if reasonably practicable, inform each person or body or agency to whom the personal  information has been disclosed of these steps. (5) Where an agency receives a request made pursuant to sub-clause (1) of this principle, the agency shall inform the individual concerned of the action taken as a result of the request.

Accuracy etc, of personal information to be checked before use An agency that holds information shall not use that information without taking such steps (if any) as are, in  the circumstances, reasonable to ensure that, having regard to the purpose for which the information is  proposed to be used, the information is accurate up to date, complete, relevant and not misleading.

An agency that holds personal information shall not keep that information for longer than is required for the purposes for which the information may be lawfully used.

An agency that holds personal information shall not keep that information for longer than is required for the purposes for which the information may be lawfully used.

Limits on disclosure of personal information An agency that holds personal information shall not disclose the information to a person or body or agency  unless the agency believes, on reasonable grounds- (a) That the disclosure of the information is one of the purposes in connection with which the information  was obtained or is directly related to the purpose in connection with which the information was  obtained, or (b) That the source of the information is a publicly available publication, or (c) That the disclosure is to the individual concerned, or (d) That the disclosure is authorised by the individual concerned, or (e) That non-compliance is necessary- (i) To avoid prejudice to the maintenance of the law by any public sector agency, including the  prevention, investigation, prosecution, and punishment of offences, or (ii) For the enforcement of the law imposing a pecuniary penalty, or (iii) For the protection of public revenue, or (iv) For the conduct of proceedings before any Court or Tribunal (being proceedings that have been  commencement or are reasonably in contemplation), or (f) That the disclosure of the information is necessary to prevent or lessen a serious and imminent threat  to- (i) Public health or public safety, or (ii) The life or health of the individual concerned or another individual, or (g) That the disclosure of the information is necessary to facilitate the sale or other disposition of a  business as a going concern, or (h) That the information- (i) Is to be used in a form in which the individual concerned is not identified, or (ii) Is to be used for statistical or research purposes and will not be published in a form that could  reasonably be expected to identify the individual concerned, or (i) That the disclosure of the information is in accordance with an authority granted under section 54 of  this Act.

Disclosure of Personal Information outside of New Zealand (1) An agency (A) may disclose Personal Information to a foreign person or entity (B) in reliance on IPP 11  (a), (c), (e), (f), (h), or (i) if; (a) The individual concerned authorises the disclosure to B after being expressly informed by A that  B may not be required to protect the information in a way that, overall, provides comparable  safeguards to those in this Act; or (b) B is carrying on business in New Zealand and, in relation to the information, A beliefs on  reasonable grounds that B is subject to this Act; or(c) A believes on reasonable grounds that B is subject to privacy laws that, overall, provide  comparable safeguards to those in this Act; or (d) A believes on reasonable grounds that B is a participant in a prescribed binding scheme; or (e) A believes on reasonable grounds that B is subject to privacy laws of a prescribed country; or (f) A otherwise believes on reasonable grounds that B is required to protect the information in a way  that, overall, provides comparable safeguards to those in this Act (for example, pursuant to an  agreement entered into between A and B.) (2) However, subclause (1) does not apply if the personal information is to be disclosed to B in reliance on IPP 11 (e) or (f) and it is not reasonably practicable in the circumstances for A to comply with the  requirements of subclause (1). (3) In this IPP; “prescribed binding scheme” means a binding scheme specified in regulations under  section 213 and “prescribed country” means a country specified in regulations made under section  214.

Unique identifiers (1) An agency shall not assign a unique identifier to an individual unless the assignment of that identifier  is necessary to enable the agency to carry out any one or more of its functions efficiently. (2) An agency shall not assign to an individual a unique identifier that, to that agency’s knowledge, has  been assigned to that individual by another agency, unless those two agencies are associated  persona within the meaning of section 8 of the Income Tax Act 1976 (3) An agency that assigns unique identifiers to individuals shall take all reasonable steps to ensure that  unique identifiers are assigned only to individuals whose identity is clearly established. (4) An agency shall not require an individual to disclose any unique identifier assigned to that individual unless the disclosure is for one of the purposes in connection with which that unique identifier was assigned or for a purpose that is directly related to one of those purposes.