1.1. Your privacy is important to Lockhart Muir Limited (“Lockhart Muir”, “we”, “us” or “our”) and we are committed to protecting your data in accordance with the Privacy Act 2020 (“Privacy Act”) and the Information Privacy Principals (“IPP”) set out in section 22 of the Privacy Act.
Client is a reference to a person who uses the APLYiD application, or any other services provided by Lockhart Muir.
Personal Information means information about an identifiable individual. In general terms, it is information which may reasonably identify you as an individual.
APLYiD application means the client due diligence onboarding form and associated text and identification verification services.
Website means our website at www.lockhartmuir.co.nz.
“you” and “your” means any person who uses our Website, the APLYiD application, any other services we offer or who gives us Personal Information about themselves.
3. Personal Information we collect
3.1. We may collect Personal Information about Clients and other people who come into contact with us during the ordinary course of business.
3.2. We may collect the following Personal Information:
a) Your name, phone number, date of birth, email address, residential or registered address, and other contact information.
b) Copies of identification documentation including New Zealand driver’s licences, New Zealand passports, overseas driver’s licences and overseas passports.
c) Bank account number and bank account payer name.
d) Records of our interactions with you.
4. How we collect Personal Information
4.1. We collect Personal Information in a number of ways, including:
a) When you use the APLYiD application using a mobile phone, tablet, computer or other device;
b) Where you complete feedback or enquiry forms on our Websites or using a hardcopy form;
c) Where you interact directly with our employees and such other persons acting for us or on our behalf;
d) From third parties, such as our service providers; and
e) From publicly available sources of information.
5. If we are not able to collect Personal information
6. Purpose of collection, use and disclosure
6.1. We collect, use and disclose Personal Information for the primary purpose of conducting our business, which includes:
a) Carrying out the client due diligence requirements undertaken by a reporting entity under the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (as amended) and any associated regulations, which includes using the APLYiD application or any identification verification services by Lockhart Muir;
b) Delivering our legal and trustee services;
c) Where permitted by law, promoting our services;
d) Fulfilling obligations to, and cooperating with, government authorities; and
e) Where you otherwise provide your consent, whether express or implied.
7. Sharing your Personal Information
7.1. We may share some Personal Information with APLYiD and with other third parties who assist us. Your information will be provided to third parties only in connection with the services we provide to you, or with your consent, as set out below.
7.2. We will not disclose Personal Information to third parties except where disclosure is:
a) Authorised by you;
b) Necessary for our business functions to provide you with services or to fulfil requests you make to us;
d) Required by law, including to law enforcement authorities, the courts, government agencies, regulatory authorities or third parties, both in New Zealand and overseas, where we are required to or we believe the disclosure will assist us to comply with any law or legal rules or will assist in the investigation, detection and/or prevention of fraud, money laundering or other criminal offences;
e) Permitted under the Privacy Act; or
f) To anyone when it will be used in a way that cannot identify you.
7.3. We will not share any of your banking information, such as bank account names and bank account numbers with a third party unless required by law or authorised by you.
7.4. If we disclose your Personal Information to third parties, we will take reasonable steps to ensure third party recipients of Personal Information protect your Personal Information.
8. Storage and security of Personal Information
8.1. Where we hold your Personal Information, we will take reasonable steps to ensure that the information is secure and may only be accessed by authorised persons. Where we store your Personal Information, it is stored on secure servers in Australia and New Zealand that are protected in controlled facilities and have protection measures such as usernames, passwords, data encryption and firewalls.
8.2. Please notify us immediately at email@example.com if you believe there has been any unauthorised access to your information or any other breach of security in connection with the APLYiD application.
8.3. If any Personal Information that we hold is no longer required for the purpose in which it was collected and no applicable law requires us to retain that information, we will take reasonable steps to de-identify or destroy the information.
9. Access and correction to Personal Information
9.1. We will take reasonable steps to ensure the Personal Information we collect, hold and disclose is complete, up to date and accurate, relevant and not misleading so far as it is practicable for us to do so.
9.2 Under the Privacy Act you have the right to request Personal Information that we hold about you and request that we correct the Personal Information we hold if you believe it is wrong. You may request access to and correction of the Personal Information we hold about you by contacting our Privacy Officer. We reserve the right to charge you a reasonable fee for providing you with Personal Information.
10. Questions and complaints
Phone: +64 9 3651056
Post: Privacy Officer
Level 1, 7 Owens Road
PO Box 74295
10.2. The Privacy Officer will co-ordinate the investigation of any complaint and any potential resolution of a complaint. We will aim to resolve all complaints as soon as practicable for us to do so.
10.3. If you are not satisfied with our response, you may take your complaint to the Office of the Privacy Commissioner, whose website is: www.privacy.org.nz.
11. Changes to this Policy