Realforms New Zealand Limited

Privacy Policy


1. We respect your privacy

1.1. Realforms New Zealand Limited respects your right to privacy and is committed to safeguarding the privacy of our customers and website visitors. We adhere to the New Zealand Privacy Principles contained in the Privacy Act 1993. This policy sets out how we collect and treat your personal information.

1.2. "Personal information" is information we hold which is identifiable as being about you.


2. Collection of personal information

2.1. Realforms New Zealand Limited will, from time to time, receive and store personal information you enter onto our website, provided to us directly or given to us in other forms.

2.2. You may provide basic information such as your name, phone number, address and email address to enable us to send information, provide updates and process your product or service order. We may collect additional information at other times, including but not limited to, when you provide feedback, when you provide information about your personal or business affairs, change your content or email preference, respond to surveys and/or promotions, provide financial or credit card information, or communicate with our customer support.

2.3. Additionally, we may also collect any other information you provide while interacting with us.


3. How we collect your personal information

3.1. Realforms New Zealand Limited collects personal information from you in a variety of ways, including when you interact with us electronically or in person, when you access our website and when we provide our services to you. We Wmaey may receive personal information from third parties. If we do, we will protect it as set out in this Privacy Policy.


4. Use of your personal information

4.1. Realforms New Zealand Limited may use personal information collected from you to provide you with information, updates and our services. We may also make you aware of new and additional products, services and opportunities available to you. We may use your personal information to improve our products and services and better understand your needs.

4.2. Realforms New Zealand Limited may contact you by a variety of measures including, but not limited to telephone, email, sms or mail.


5. Disclosure of your personal information

5.1. We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this Policy. Personal information is only supplied to a third party when it is required for the delivery of our services.

5.2. We may from time to time need to disclose personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request.

5.3. We may also use your personal information to protect the copyright, trademarks, legal rights, property or safety of Rrealforms New Zealand Limited, https://realforms.co.nz and http://app.realforms.co.nz, its customers or third parties.

5.4. Information that we collect may from time to time be stored, processed in or transferred between parties located in countries outside of New Zealand.

5.5. If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser under an agreement to maintain confidentiality. We would seek to only disclose information in good faith and where required by any of the above circumstances.

5.6. By providing us with personal information, you consent to the terms of this Privacy Policy and the types of disclosure covered by this Policy. Where we disclose your personal information to third parties, we will request that the third party follow this Policy regarding handling your personal information.


6. Use of your personal information

6.1. Realforms New Zealand Limited is committed to ensuring that the information you provide to us is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.

6.2. The transmission and exchange of information is carried out at your own risk. We cannot guarantee the security of any information that you transmit to us, or receive from us. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that personal information that we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.


7. Access to your personal information

7.1. You may request details of personal information that we hold about you in accordance with the provisions of Privacy Act 1993. A small the administrative fee may be payable for the provision of information. If you would like a copy of the information which we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please email us at [email protected] New Zealand Limited is committed to ensuring that the information you provide to us is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.

7.2. We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act.


8. Complaints about privacy

8.1. If you have any complaints about our privacy practices, please feel free to send in details of your complaints to Level 10, 2 Commerce Street Auckland, NZ. We take complaints very seriously and will respond shortly after receiving written notice of your complaint.


9. Changes to Privacy Policy

9.1. Please be aware that we may change this Privacy Policy in the future. We may modify this Policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on our website or noticeboard. Please check back from time to time to review our Privacy Policy.


10. Website

10.1. When you visit our website

When you come to our website (https://realforms.co.nz & https://app.realforms.co.nz) we may collect certain information such as browser type, operating system, website visited immediately before coming to our site, etc. This information is used in an aggregated manner to analyse how people use our site, such that we can improve our service.

10.2. Cookies

We may from time to time use cookies on our website. Cookies are very small files which a website uses to identify you when you come back to the site and to store details about your use of the site. Cookies are not malicious programs that access or damage your computer. Most web browsers automatically accept cookies but you can choose to reject cookies by changing your browser settings. However, this may prevent you from taking full advantage of our website.

10.3. Our website may from time to time use cookies to analyses website traffic and help us provide a better website visitor experience. In addition, cookies may be used to serve relevant ads to website visitors through third party services such as Google Adwords. These ads may appear on this website or other websites you visit.

10.4. Third party sites

Our site may from time to time have links to other websites not owned or controlled by us. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that Realforms New Zealand Limited is not responsible for the privacy practises of other such websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personal identifiable information.


Realyou EIV User Agreement

Realforms New Zealand Limited (Realyou) provides you with access to electronic identification verification services (EIV Services) on registration. In order to create an account and use the EIV Services the applicant (User) must accept this verification user agreement (Agreement).


Background

  • Realyou provides electronic identification verification to enable Users to verify the identity of their customers.
  • The User requires that Realyou provides the EIV Services as the User's agent, in order to verify the identity of the applicant.
  • Realyou agrees to providing the EIV Services, subject to the terms of this Agreement.


General Terms

  • This Agreement begins on the Commencement Date, and continues until either Realyou or the User terminates upon one month's written notice (Term).
  • During the Term the User appoints Realyou as its agent in order to provide EIV Services.
  • The User instructs Realyou to deliver the EIV Services in accordance with the terms of this Agreement.


EIV Services

  • Realyou operates app.realyou.co.nz (Website), which provides customers with the ability to create an account to consume its EIV Services.
  • When the User wants to complete an EIV Transaction, they simply enter the name and email for the applicant into their Realyou dashboard. This will trigger an email to be sent to the applicants with instructions to complete the web-based EIV check. This includes a explicit checkbox for how the consumer data is used.
  • The email link will be valid for as long until the EIV check is completed by the Applicant. The EIV check will be pending within the User Dashboard until the EIV check has been completed by the applicant.
  • Realyou notifies the User via email when a EIV check is completed.
  • On completion of the EIV check, Realyou will provide a completed EIV Report in relation to the details of the Applicant, which will be available for review and download via PDF for stored 5+ years, upon which you will be notified before it will be deleted.
  • The User will have the ability to review the EIV Check History within their Dashboard. This will include EIV Result (including PEPs and Sanctions).
  • It is up to the User’s own internal policies to determine what levels of overwrite are appropriate to be compliant.


User Obligations

  • After reviewing the EIV Report, the User ensures they are reasonably satisfied that all information provided to the User has been properly verified in accordance with the EIV Identification Rules.
  • The User is responsible for the accuracy of all the information that it provides to Realyou in connection with the EIV Services.


EIV Fee

  • The User must pay the EIV check fee to Realyou at the rate specified when the Account is approved is made. This fee will depend on the ID Type that is used for the EIV Transaction.
  • EIV checks will be charged by Realyou immediately after a check is run.
  • EIV check will be charged for both a PASS or FAIL results.


Warranties

  • Realyou warrants that it will provide the EIV Services with due care and skill in accordance with this Agreement.
  • Realyou does not guarantee that the successful completion of a EIV Transaction eliminates the possibility of identity fraud.
  • The User acknowledges that the EIV Services provided by Realyou are not intended to decisively prove the identity of an EIV Applicant and should be reviewed before being approved.
  • Realyou does not warrant that the use of the Website will be uninterrupted or error free.


Liability

  • Notwithstanding any other term of this Agreement, the User agrees, to the extent permitted by law, that Realyou has no liability to the User, as a result of a breach of this Agreement, for any indirect, consequential, special or exemplary losses, damages, costs and/or expenses including any loss or revenue, loss of goodwill, loss of data or loss of opportunity and even if such losses, damages, costs and/or expenses were reasonably foreseeable by Realyou.
  • Realyou's liability to the User under or in connection with this Agreement will be reduced proportionately by the extent to which acts or omissions of the User or any of its officers, employees, contractors or representatives caused or contributed to the relevant loss or damage suffered or incurred by the User.
  • The User acknowledges that the EIV Services provided by Realyou are not intended to decisively prove the identity of an EIV applicant and should be reviewed before being approved.
  • Notwithstanding any other term of this Agreement and to the extent permitted by law, the liability of Realyou to the User for all causes of action arising under, or in connection with this Agreement shall not exceed an amount equal to Realyou's professional indemnity insurance requirements of $5,000,000.
  • To the extent permitted by law, Realyou excludes all statutory or implied representations, conditions, warranties, and terms relating to the EIV Services or this Agreement. Realyou does not exclude any such representations, conditions, warranties or terms to the extent it is prohibited by law from doing so (including under New Zealand and Australian Consumer Law).


Variation

  • Realyou may vary this Agreement by posting a notification of any such variation on the Website or via email. Continued use of the EIV Services by a User following a notification of any variation will constitute a User's acceptance of such a variation.


General

  • If any term of this Agreement is held to be invalid or unenforceable, the remaining terms of this Agreement will remain in full force and effect.
  • Any failure by a party to enforce any clause of this Agreement, or any forbearance, delay or indulgence granted by that party to any other party will not be construed as a waiver of the first party's rights under this Agreement.
  • Neither party may assign or transfer any of its rights, obligations, or privileges that it has under this Agreement without the prior written consent of the other party.
  • Because Realyou acts as an agent on behalf of the User for the purposes of carrying out the EIV services, Realyou has no authority to:

Assume any obligation or liability, whether express or implied, in the name of or otherwise on behalf of the User; or

Enter into any contract, arrangement or other commitment or incur any obligation on behalf of the User.

  • The parties agree that where either party is prevented from fulfilling certain obligations due to the occurrence of an act, event or circumstance that is beyond the reasonable control of that party, and includes but is not limited to, fire, flood, earthquake, storm, explosion, warfare, invasion, rebellion, sabotage, epidemic, that obligation will be suspended for the duration of the period during which this party is prevented.
  • This Agreement constitutes the entire agreement, understanding and arrangement amongst the parties in respect of the matters contained in this Agreement, to the exclusion of all other agreements, arrangements, understandings or representations, whether express or implied, and therefore supersedes any prior agreements, arrangements, understandings and representations between the parties in respect of such matters of any nature whatsoever.
  • This Agreement will be governed by, and construed in accordance with, the laws of New Zealand, and the parties hereby submit to the exclusive jurisdiction of the courts of New Zealand.


In this Agreement (including the Background), unless the context requires otherwise:

  • Agreement means the General Terms and includes any appendices and/or schedules attached to this Agreement.
  • Business Day means a day that is not a Saturday, Sunday or public holiday in New Zealand.
  • Commencement Date means the date on which the User has officially become registered for the EIV Services.
  • EIV Applicant means the individual that is seeking to have their identity verified by the User.
  • EIV Applicant Permission Form means the form authorising the User to act on behalf of the EIV Applicant.
  • EIV Fee means the fee charged by Realyou for executing the EIV Service in accordance with a EIV Transaction.
  • EIV Report means a report containing copies of the identity check sought by the EIV Applicant.
  • EIV Service means the electronic biometric verification of the identity of an EIV Applicant in accordance with this Agreement.
  • EIV Transaction means a successful request for the EIV Services made on behalf of the EIV Applicant.
  • Personal Information means information about an identifiable individual in accordance with the Privacy Act 1993.
  • User means the person or organisation that has applied for an account with Realyou to be able to verify the identity of their customers to comply with AML/CFT Regulation


In this Agreement, unless the context otherwise requires:

  • The term “including” means “including without limitation”.
  • References to any party mean a party to this Agreement and include the successors, executors, administrators and permitted assignees (as the case may be) of that party.
  • Expressions defined in the main body of this Agreement have the defined meaning in the whole of the Agreement, including the background.
  • Reference to a statute or regulation will include all amendments and re-enactments thereof and any subordinate legislation made thereunder.
  • Any obligation not to do anything will be deemed to include an obligation not to suffer, permit or cause that thing to be done.
  • The terms written and in writing include any means of reproducing words, figures or symbols in a tangible and visible form, including email.