Clarity Funds Management Limited (Clarity) is bound by and adheres to the New Zealand Privacy Act 2020 (the Act) for personal information to which that Act relates and the Privacy Principles of the Act. These Principles govern how we collect, use, hold and disclose your personal information.
We may change this policy from time to time. The updated policy will be available on our website and can be provided to you on request. It’s up to you to check for any changes. By continuing to use this website you are considered to have accepted any updated policy.
Why do we collect personal information?
The personal information you provide to us (whether in an application form or elsewhere) will be collected and held by Clarity for the following purposes:
- processing and responding to your web enquiry
- administration, marketing, operation, security and management of the Investments
- the provision of our financial products and services to you
- the provision of financial advice
- compliance with New Zealand laws
- managing our relationship with you, and exercising and enforcing our rights under the terms of use for our websites.
Who do we disclose your personal information to?
Your personal information may be disclosed to, and held and used by the following persons:
- Investment Services Group (ISG) and its subsidiaries: TAHITO Limited (TAHITO), Devon Funds Management Limited (Devon), Select Wealth Management Limited (Select) and JMI Wealth Limited (JMI).
- Any third party, whether in New Zealand or elsewhere, that provides services to the Group (note that if you are a New Zealand investor and have opted for electronic identity verification in connection with an application for any Group product, your information will be shared with external agencies who may use a credit file header database to verify your address (note, this is not a credit check). The Group takes reasonable steps to ensure the third party does not breach the Privacy Principles.
- Other bodies such as government agencies (IR, MBIE etc), regulators, and legal and professional advisers (whether or not we are legally obliged to disclose).
- Any other person or entity where it is relevant to do so for the purposes set out above.
We may also release personal information where we believe this is appropriate for legal compliance and law enforcement (including to government agencies with statutory law enforcement responsibilities), or to assist with court proceedings, enforce or apply our terms of use, or protect ourselves, our platform users or clients, and others.
We can also disclose personal information to third parties as instructed by you and in other ways permitted by the Privacy Act and Principles.
How do we collect personal information?
We collect most personal information directly from you. Sometimes we may (and you authorise us to) collect personal information about you from other people. We may also collect information about you from publicly available sources of information.
How do we hold personal information?
The personal information we hold will be stored securely by us or our service providers, whether electronically or otherwise. We use a range of security measures to protect the personal information we hold.
What do we do if there has been a breach of your personal information?
If there has been a breach of your personal information, we will respond to actual or potential data breaches quickly through our incident management and notification processes. Breaches include:
- unauthorised access or disclosure of personal information, and
- information that is lost in circumstances where unauthorised access or disclosure of personal information has occurred, in each case where the breach has or is likely to result in serious harm to one or more individuals and the Group has not been able to prevent the likely risk of serious harm with remedial actions.
If we believe there has been a breach, affected individuals and the regulator will be notified to ensure that your personal information is protected.
How can you access and correct your personal information?
You have rights under the Act and Principles to find out what personal information we hold about you, get a copy of and to request correction to the personal information you have supplied, by contacting the Group using the contact details below. Any update to your personal information may be used to update other information held about you by any member of the Group.
If you are concerned about how your personal information is being handled or if you would like to make a complaint, or you have any questions or concerns about our privacy policy or practices, please contact us on the contact details below.
What happens if personal information is not provided?
If you do not provide the personal information we request, we may not be able to respond to your enquiry or provide you with the full range of products and services we offer.
What do you need to do if you have a complaint?
If you wish to make a complaint about a breach of this Privacy Policy or the Principles, please refer to our Complaints process.