Privacy Policy
Last updated: 27.02.2024
Our Privacy Police describes how we collect, process, use, dispose and protect information that relates to an identified or identifiable individual across our Website, Service and Software (Personal Information). If you can’t be identified (for example, when Personal Information is aggregated and anonymised) then the information or data is not Personal Information and this notice doesn’t apply.
Fooman Limited, operating as Fooman, is a company registered in 17b Farnham Street, Suite 3638, Parnell, Auckland, 1052 , New Zealand.
This Privacy Policy is governed by New Zealand law. For more information about privacy issues in New Zealand and protecting your privacy, visit the New Zealand Privacy Commissioner's website at www.privacy.org.nz. This Privacy Policy uses the same definitions as those used in the Fooman End User Agreement, found at fooman.com
INFORMATION WE COLLECT
We collect Personal Information (including your name, billing and mailing address, IP address, email address, phone number credit card information, location information, browser information and interactions you have with our Website, the Services and/or the Software. We collect this information from:
• you, when you provide that Personal Information to us, through registration and use of our Website, Service and/or Software, or through any other contact with us (e.g. telephone call or email, web chat).
• Authorised Users: when an Authorised User (for example, an administrator accessing the Service or Software on your behalf) inputs your Personal Information into the Service or Software.
• third parties, including Third Party Partners, other third parties where you have authorised this, or where the information is publicly available.
• your use of the Website, Service and/or Software, any action you might take while using our Website, Service or Software. We use this information to provide the Service, understand what content and features are effective and improve our Website, Service and Software.
HOW WE USE YOUR PERSONAL INFORMATION
We will not process your Personal Information, other than as outlined in this Privacy Policy, without having a lawful basis to do so.
We have no direct relationship with any person other than the Subscriber and its Authorised Users, and for that reason, if you are an Authorised User, you (and the relevant Subscriber) are responsible for making sure the appropriate consents for us to process Subscriber Data in the manner anticipated by the Service and Software.
We process Personal Information:
• to verify your identity;
• to provide you with a demo or trial of the Service and/or Software;
• to create and set up your account within the Website and the Service;
• to provide you with our Service and/or Software and otherwise carry out our obligations under our End User Agreement;
• to communicate with Third Party Partners, as necessary to provide you with the Service and Software;
• to respond to communications from you (including complaints) relating to our Service and/or Software;
• to identify you when you sign-in to your account and verify that your account is not being used by others;
• to bill you and to collect money that you owe us, including authorising and processing credit card transactions;
• to enforce compliance with our End User Agreement; and
• to comply with laws,
and such processing is necessary for the performance of the contract between you and us.
We process Personal Information:
• to comply with our obligations to our third-party service providers (including Third Party Software providers), suppliers and other users of our services and software;
• to comply with our obligations to you;
• to improve our Website, Service and Software;
• to analyse usage of the Website, Service and Software, or carry out research and analysis, so we can improve the Website, Service and/or Software;
• to protect and/or enforce our legal rights and interests, including defending any claim;
• to comply with our legal obligations, including any notification and reporting obligations and any access directions imposed on us by a Government agency or regulatory authority,
and such processing is necessary for the purposes of a legitimate interest pursued by us, and we have assessed that our interests are not overridden by the interests or fundamental rights and freedoms of the person to whom the Personal Information relates.
We may also use Personal Information collected for such other purposes that are compatible with the original purpose described above, or that you otherwise consented to from time to time.
We process Personal Information to communicate with you (electronically) in relation to the Service and Software and any other products or services offered by Fooman that we consider may be of interest to you, from time to time, including to respond to your contact request and any related communication. You can unsubscribe from any communications from us by contacting us as directed in any such communications.
We may also use and disclose de-identified information (non-Personal Information) as set out in this Privacy Policy and as we otherwise determine, provided that there is only a low risk that any person could be re-identified from the information.
If you are based in the European Union (including Switzerland and the United Kingdom) at the time we are processing your Personal Information, you have the right to object to the way we process your Personal Information where the processing is based on legitimate interests.
DISCLOSING YOUR PERSONAL INFORMATION
We may disclose your Personal Information to:
• service providers and suppliers who provide necessary goods and/or services to Fooman, and any other strategic partners who help us market and sell the Service and Software - for instance to manage customer relations, send out newsletters and/or to process payments;
• Third Party Partners, as necessary to provide you with the Service and Software;
• any business that supports our Service, including hosting or maintaining any underlying IT system or data centre that we use to provide our Website, Service and/or Software;
• other third parties for anonymised statistical information;
• a person who can require us to supply your Personal Information (e.g. a regulatory authority or law enforcement agency); and
• any other person or entity authorised by you.
OVERSEAS TRANSFERS
Fooman is located in New Zealand, so Personal Information may be transferred and/or stored there. In respect of our responsibilities under the GDPR, the appropriate safeguard in place for such a transfer is the existence of an adequacy decision under Article 45 of the GDPR. We utilise the services of entities in various countries (including, New Zealand and the United States). Consequently, we may transfer Personal Information to parties located in these countries. Although we will endeavour to ensure that your Personal Information is treated securely and in accordance with this Privacy Policy as well as applicable
data privacy laws, you acknowledge that some of these countries may not have an equivalent level of data protection laws as those in New Zealand. You consent to the rights of access, processing and disclose on the basis specified above
THIRD PARTY PARTNERS
We will provide your Personal Information to Third Party Partners, as necessary to provide you with the Service and the Software, in the manner anticipated by your End User Agreement. You acknowledge and agree that any use of your Personal Information by such Third Party Partners will be undertaken by such providers in accordance with their own privacy policies. We suggest you review the privacy policy of each such Third Party Partner before you provide access to your Personal Information.
OTHER THIRD PARTY SERVICES
We use third party services for providing the Website, Service and the Software, to ensure a better experience for users and for improving the Website, Service and Software. In the process of doing so, the third party service provider may have access to Personal Information. However, these third parties do not have the right to use the Personal Information for their own use.
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 website, the owner of that website will have its own privacy policy relating to your Personal Information. We suggest you review that website’s privacy policy before you provide access to your Personal Information.
HOW LONG WE KEEP YOUR PERSONAL INFORMATION
We will keep your Personal Information:
• until we no longer have a valid reason for keeping it;
• until you request us to stop using it; or
• for as long as required by law e.g., we keep invoice information for 7 years to fulfil our tax obligations.
You should be aware that, unless deletion is requested by you, we will endeavour to retain your Subscriber Data on your account for you to access on an ongoing basis.
COOKIES AND TRACKING
We may use various technologies to collect and store information when you use the Website and the Services, and this may include using cookies and similar tracking technologies, such as pixels and web beacons.
Cookies
A cookie is a piece of information that our web server may send to your machine when you visit our Website. The cookie is stored on your device, but does not identify you or give us any information about your device.
The types of cookies we use may include:
• Strictly necessary cookies: These cookies are essential for the full functionality of our Website. They enable you to navigate around our Website and use its features. Without these cookies, you may not be able to access all the functions of our Website.
• Performance cookies: These cookies collect information about how you use our Website. All information these cookies collect is anonymous and only used to improve how our Website.
• Functionality cookies: These cookies allow our Website to remember the choices you make (for example, your user name, language or your region). Although these cookies are used to enhance the performance of our Website, they are non-essential to their use. However, without these cookies, certain functionality may become unavailable.
The length of time a cookie will stay on your browsing device depends on whether it is a persistent or session cookie. Session cookies will only stay on your device until you stop browsing. Persistent cookies will stay on your browsing device until they expire or are deleted.
With most internet browsers, you can erase cookies from your computer hard drive, block all cookies, or receive a warning before a cookie is stored. If you want to do this, refer to your browser instructions or help screen to learn more. If you reject the use of cookies, you will still be able to access our Website but please note that some of its functions may not work as well as if cookies were enabled. To learn more about how to enable, edit, or disable cookies on your computer, please visit the aboutcookies.org website.
Web analytics
We use Google Analytics to collect information about use of our Website, with the goal of improving our Website. Google Analytics collects information such as how often users visit the Website, what pages they visit when they do so, and what other sites they used prior to coming to the site.
Web beacons
Web beacons are tiny graphics with a unique identifier that may be included on the Website for several purposes. For example, we may use web beacons to deliver or communicate with cookies, to track and measure the performance of the Website, to monitor how many visitors view our Website, and to monitor the effectiveness of our advertising. Unlike cookies, which are stored on your hard drive, Web Beacons are typically embedded invisibly on web pages (or in an email). We use these web beacons to customise content and advertising and to analyse traffic to our Website.
MARKETING COMMUNICATIONS
We may contact you using the email address you provide to us to verify your registration or account (as applicable) and for administration purposes, such as account management, customer service or system maintenance.
You consent to us sending you information connected with the above collection and use purposes via email when you provide us with your email address. We may also send you updates or push notifications related to our services and software, such as service updates or to identify promotions, if you give us your permission. We may send you other information we think you may be interested in and which may market and promote our services, or the products and services of our third party service providers. The messages you receive from us will have instructions for how you can remove yourself from our mailing list.
Email marketing will only be sent to your email address if you have given your consent. You may unsubscribe to any email marketing message at any time by following the unsubscribe instructions contained in the message.
PROTECTING YOUR PERSONAL INFORMATION
We take the protection of your Personal Information seriously and we will take reasonable steps to keep your Personal Information safe from loss, unauthorised activity, or other misuse.
YOUR RIGHTS
You have the right to access your readily retrievable Personal Information that we hold about you, and to ask for it to be corrected if you think it is wrong, or to be deleted.
If you are based in the European Union (including Switzerland and the United Kingdom) you also have the right, under the GDPR, to:
• in certain circumstances, have your Personal Information erased;
• restrict the processing of your Personal Information;
• move, copy or transfer your Personal Information easily for your own purposes across different services in a safe and secure way; and
• object to processing where we rely on our legitimate interests as the lawful basis for processing.
Please note that in certain circumstances we may refuse to respond to a rights request where it we have the right to do so under the GDPR, for example, where a request is manifestly unfounded or excessive.
If you wish to exercise your rights under this Privacy Policy or any applicable data privacy laws, you can do this by emailing our Privacy Officer at privacy@fooman.com. 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).
There may still be residual information such as errors logs, emails, calendar invites, data backups etc that record some Personal Information about you (primarily email address, name, and any content sent via email). If you also require this information to be deleted, please contact our Privacy Officer (privacy@fooman.com).
CHANGES TO THIS PRIVACY POLICY
From time to time we may make changes to this notice (for example, to reflect any changes in our Service or any data protection laws). Where a change is significant, we’ll make sure we let you know – usually by displaying a notice on our Website or by sending you an email.