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Privacy Policy 2021

1. Purpose of our Policy 

  1. This Privacy Policy deals with how we handle personal information, which the Privacy Act 2020  defines as information about an identifiable individual (Personal Information). It does not apply to information we collect about companies or other entities, however it does apply to information about the people in those organisations. The Privacy Policy applies to all forms of information, physical and digital, whether collected or stored electronically or in hardcopy. 

  1. Tall Poppy Real Estate trading as Bulsara Limited (New Zealand registered company 3550971) adheres to this Privacy Policy to ensure we have standards in place, consistent with the Privacy Act, to protect the Personal Information we collect, which is necessary and incidental to the running of our business and making our services available to our customers. 

  1. We collect Personal Information that is provided directly to us by our customers and end users of our services, including from the use of our website at www.TallPoppy.co.nz or any other online application or platform operated by us from time to time. Please see section 3 below for more detail about how we collect Personal Information. 

  1. The purpose of this Privacy Policy is to make it easy for Users to understand what Personal Information we collect and store; how we receive and/or obtain that information; the purpose for which the Personal Information is collected, used, disclosed, stored and otherwise processed; and the rights Users have with respect to their Personal Information that we hold. 

  1. By using our Services or visiting our Site, you, as a User, consent to our collection, storage, use and disclosure of Personal Information as described in this Privacy Policy. 

  1. If, at any time, Users provide Personal Information about an individual other than the User, that User warrants that it has the individual's consent to collect, provide and disclose his or her Personal Information to us and has otherwise complied with the Privacy Act in respect of the disclosure of Personal Information to us. In addition, the User warrants that it has made that individual aware of the fact that their Personal Information was being collected, and that we will be holding, using and disclosing that Personal Information (including to overseas entities) in accordance with this Privacy Policy. 

2. The Personal Information We Collect 

  1. To enable us to provide the Services, it is necessary for us to collect Personal Information directly from Users. The Personal Information that we collect allows us to identify who Users are for the purposes of our business, contact Users in the ordinary course of business and, if relevant, transact with Users. Without limitation, the type of Personal Information we may collect about Users include: 

  1. Identity Information: We may collect personal details including but not limited to a User’s name, location, date of birth, details of licenses & registrations, employment details and other information that allows us to identify who Users are. 

  1. Contact Information: We may collect information including but not limited to a User’s email address, telephone & fax number, residential, business and postal address and other information that allows us to contact a particular User. 

  1. Statistical Information: We may collect non-identifying information regarding Users’ mobile devices, computer, network and browser (this may include a User’s IP address but will not be linked to personally identifiable information), and user online and offline preferences including but not limited to habits, movements, trends, decisions, associations, memberships, finances, purchases and other information for statistical purposes. 

  1. Information Users Send Us: We may collect a User’s Personal Information that the User discloses directly to us, or Personal Information about other individuals that a User discloses to us in the course of that User’s use of or other interaction with our Services. 

  1. We may collect Personal Information about Users and other individuals from publicly available sources, which we will collect, use, disclose and store in accordance with this Privacy Policy. 

  1. We do not collect health and medical information about individuals unless we collect it from them directly, or we are required or authorised by law to do so, or it is necessary to collect the information, and the collection is connected with our functions or activities. 

3. How User Information Is Collected 

  1. Most Personal Information will be collected in association with a User’s use of the Services or a User’s dealings with us. However we may also obtain Personal Information about Users from publicly available sources. In particular, Personal Information may be collected as follows: 

  1. Registrations / Subscriptions: When a User interacts with us to register or subscribe for a service, list, account, membership, connection or other process whereby that User enters his or her details in order to use the Services, or to receive or access something, including a transaction. 

  1. Contact: When a User contacts us in any way. 

  1. When a User accesses the Services: We may require the User to provide Personal Information to us in order for the User to access and use the Services. When Users access the Services through the internet we may collect information using cookies or other web-analytical services. 

  1. Our Site: We collect data when Users visit parts of our Site. A User’s visit may automatically provide us with data about the User’s computer, such as the User’s IP (Internet Protocol) address, browser type, operating system, domain name, access times, and referring web site addresses. Some parts of our Site may use embedded pixel or other technologies to track and facilitate a User’s use of the Site, including the activities in which a User participates or the pages a User views. We use this automated data to obtain general statistics regarding the use of our Site and its specific sections and to evaluate how our Users use and navigate our Site on an aggregate basis. 

  1. If Users use any commenting, reviewing or analogous functionality in the Services, any information that those Users post can identify them to, and can be read by, other Users. We will not be responsible for the Personal Information that Users submit in this respect. 

4. When Personal Is Information Used and Disclosed 

  1. The primary principle is that we will not use the Personal Information that Users provide us with for purposes other than those for which that Personal Information was collected, unless we have the relevant User’s permission. The purpose of collection is determined by the circumstances in which the Personal Information was collected and/or submitted. 

  1. Users’ Personal Information is used in connection with the operation of our business and the provision of Services. This includes, but is not limited to: 

  1. the provision of goods and services between us and Users; 

  1. verifying a User’s identity; 

  1. communicating with Users about: 

  1. their relationship with us; 

  1. our goods and services; 

  1. our marketing and promotions; and 

  1. our competitions, surveys and questionnaires; 

  1. investigating any complaints about or made by Users, or to investigate a User if we have reason to suspect that the User is in breach of any of our terms and conditions or that a User is otherwise engaged in any unlawful activity; and/or 

  1. as required or permitted by any law (including the Privacy Act). 

  1. We will retain Users’ Personal Information for the period necessary to fulfil the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law. 

  1. To bill you and to collect money that you owe us, including authorising and processing credit card transactions 

  1. From time to time, it may be necessary for the operation of our business to disclose Personal Information to third parties. By using our Services, the User consents to us disclosing Personal Information provided to us by the User, to third parties (both located in New Zealand and overseas) for the purposes set out in this Privacy Policy and in a manner compliant with the Privacy Act, including: 

  1. to service providers that perform certain functions on our behalf, including processing and storing data, operating our Site or portions of it, or in connection with other aspects of our business or the Services; 

  1. to visitors to our Site, to the extent that Users submit information to a portion of our Site designed for public communications; 

  1. to our related companies; 

  1. as part of or to facilitate a sale (or proposed sale) of all or part of our business assets or shares in us or our related companies; 

  1. in the course of investigations into User conduct insofar as it relates to the relationship we have with a User, or a possible contravention of any relevant laws or regulations; 

  1. where we reasonably believe that Users may be engaged in fraudulent, deceptive or unlawful activity that a governmental authority should be made aware of; and 

  1. as required or permitted by any law (including the Privacy Act 2020). 

  1. We will not sell Personal Information disclosed to us by Users to unrelated third parties under any circumstances. 

5. Opting “In” or “Out” 

  1. Users may withdraw consent to us collecting Personal Information. However, this may prevent us from offering Users some or all of the Services and may result in us terminating the User’s access to some or all of the Services. Users will be aware of this when: 

  1. Opt In: Where relevant, Users will have the right to choose to have information collected and/or receive information from us. By engaging with Tall Poppy Real Estate and providing us with your email address, you are opting in to receiving email communication of a transactional and/or marketing nature. 

  1. Opt Out: Where relevant, Users will have the right, at no cost, either before or at any time after they have provided Personal Information, to choose to exclude themselves from some or all collection of information and/or receiving information from us. To opt-out of receiving marketing, sales and promotional communications from us, Users can send us a written request either by email to Privacy@tallpoppy.co.nz, including the word “Unsubscribe” in the subject line, or by writing to: Attn: Unsubscribe Tall Poppy Real Estate T/A Bulsara Limited, 74 Amohia Street, Paraparaumu, New Zealand. 

  1. If a User believes that he or she received information from us that he or she did not opt in or out to receive, that User should contact us by following the steps set out in section 11. 

  1. If a User no longer consents to us collecting Personal Information, then the User must immediately cease using our Services or visiting our Site. 

6. The Safety and Security of User Personal Information 

  1. We and our employees, contractors and other authorised representatives will use such security safeguards as are reasonable in the circumstances to take to protect Personal Information from unauthorised access, use, modification, disclosure, loss or destruction. This includes appropriately securing our physical facilities and electronic networks. 

  1. We have a Privacy Officer to oversee the management of this Privacy Policy and compliance with the Privacy Act. This officer may have other duties within our business and will also be assisted by internal and external contractors, professionals and advisors. 

  1. Without limiting (a) above, by using any part of the Services, Users acknowledge that the security of online transactions and the security of communications sent by electronic means or by post cannot be guaranteed. Users provide information, including Personal Information, to us via the Services at their own risk. We cannot accept responsibility for misuse or loss of, or unauthorised access to, Personal Information where the security of information is not within our reasonable control. 

  1. Without limiting (a) above, by using any part of the Services, Users acknowledge that we are not responsible for the privacy or security practices of any third party (including third parties that we are permitted to disclose or transfer User Personal Information to in accordance with the Privacy Policy or any applicable laws). The collection and use of Personal Information by such third parties may be subject to separate privacy and security policies. 

  1. If Users suspect any misuse or loss of, or unauthorised access to, their Personal Information, Users must let us know immediately. 

  1. Without limiting (a) above, we are not liable for any loss, damage or claim arising out of another person’s use of a User’s Personal Information. 

  1. Where Personal Information we hold is no longer necessary for the purpose it was collected or the User requests for information to be destroyed (digitally or physically), we will use our reasonable endeavours to delete the information from our systems (subject to standard data back-up protocols, insurance and statutory record-keeping obligations) or permanently de-identify it so it can no longer be used to identify the User. 

  1. If we or our service providers (located in New Zealand or overseas) suffer a privacy breach (such as unauthorised access, use, modification, disclosure, loss or destruction) in relation to a User’s Personal Information), then we may be required under the Privacy Act to notify the Office of the Privacy Commissioner about the privacy breach if it constitutes a ‘notifiable privacy breach’. Notifications are generally required if it is likely to result in serious harm to the User. We may also choose to notify you voluntarily in other circumstances. 

7. Links to Other Websites 

We may make content or services from other websites, including our affiliated or co-branded web sites, available to Users from links located on this Site. 

These other web sites are not subject to this Privacy Policy. We recommend that Users review the privacy policy at each such website to determine how that site protects the privacy of Users. 

8. How to Access and/or Update Information 

  1. Individuals have the right to request from us the Personal Information that we hold about them, and we have an obligation to provide them with such information within 20 working days of receiving such a written request. Individuals may review and request the correction of their Personal Information that is held by us by contacting us at: privacy@tallpoppy.co.nz, or by writing to: Attn: Unsubscribe Bulsara Limited, 74 Amohia Street, Paraparaumu, New Zealand. 

  1. Users should ensure the Personal Information they provide us is accurate and complete. We are not liable for any information that Users provide us that is incorrect or incomplete. 

  1. User have the right to object to any processing of Personal Data carried out on the basis of our legitimate interests. Where we process your Personal Data for direct marketing purposes or share it with third parties for their own direct marketing purposes, you can exercise your right to object at any time to such processing without having to provide any specific reason for such objection. 

  1. We may charge Users a reasonable fee for our costs incurred in meeting any requests to disclose Personal Information that we hold about them. 

9. Disclosure of Personal Information Outside New Zealand:  

  1. Where we disclose Personal Information to an overseas service provider for any of the purposes set out in this Privacy Policy, we will make sure that the overseas service provider is: 

  1. a participant in a prescribed binding scheme for international disclosures of personal information; and/or 

  1. is located in a country that provides comparable safeguards to New Zealand’s privacy laws, approved by the Office of the Privacy Commissioner. 

  1. If not, then we will take reasonable steps to ensure that the overseas service provider is required to protect your Personal Information in a way that, overall, provides comparable safeguards to those required under New Zealand’s privacy laws. 

  1. Examples of these steps include a written agreement between us and the overseas service provider or making reasonable enquiries regarding data protection standards of the country in which the overseas service provider is located. 

10. Complaints and Disputes 

  1. Nothing in this Privacy Policy is intended to restrict an individual’s rights under the Privacy Act 2020. 

  1. If an individual has a complaint about our handling of his or her Personal Information, he or she should address his or her complaint in writing to the details below. 

  1. If we have a dispute with a User regarding his or her Personal Information, the User must make a good faith attempt to resolve the issue directly with us. 

  1. If we become aware of any unauthorised access to Personal Information, we will inform the Users affected at the earliest practical opportunity once we have established what was accessed and how it was accessed. 

11. Contacting Us 

  1. All correspondence with regards to privacy and Personal Information should be addressed to the “Privacy Officer”. 

  1. Contact with the Privacy Officer must be by email in the first instance. The email address for the Privacy Officer is: Privacy@tallpoppy.co.nz   

  1. The Privacy Officer mail address is: Bulsara Limited, 74 Amohia Street, Paraparaumu, New Zealand. 

  2. If you are dissatisfied with the handling of your complaint and you reside in Australia or hold Australian documentation you may contact the Office of the Australian Information Commissioner or Australian Financial Complaints Authority (AFCA):
    Office of the Australian Information Commissioner
    GPO Box 5218, Sydney NSW 2001
    Telephone: 1300 363 992
    Mail: GPO Box 5218 Sydney NSW 2001
    Fax: +61 2 9284 9666
    Email: enquiries@oaic.gov.au

12. Additions to this Policy 

  1. We may amend the Privacy Policy at our sole discretion by providing Users with a period of notice that we determine to be reasonable. By continuing to use the Site or our Services after our updated Privacy Policy takes effect, Users agree to be bound by the updated Privacy Policy. 

  1. We may do things in addition to what is stated in this Privacy Policy to comply with the Privacy Act or New Zealand law. 

13. Contacting the Office of the Privacy Commissioner for further information on privacy laws 

If Users would like further information about privacy laws in New Zealand, please contact www.privacy.org.nz