“We” “us” “our” and “3PM” shall mean 3PM Limited and “you” and “your” means the person or entity accessing the Website and using the Services. “Services” means any services made available to you by 3pm, including through the Website. “Website” means www.3pm.nz. and any subdomain of 3pm.nz.
1 Disclaimer: Clients’ Employee Information
(a) Our Services require the collection, storage and use of personal information (which may include name, biometric data and payroll information) of those of your employees and contractors who use the Services to sign in and out of work (Service Data). You may provide us with Service Data. In addition, we may collect Service Data directly from your employees and contractors on your behalf. We store Service Data in a secure manner in accordance with paragraph 12 below and process it on your instructions to deliver the Services.
(c) By using our Services, you warrant to us that you have met all your legal obligations relating to the collection, storage and use of the Service Data.
2 Purpose of information collection
3PM collects personal information for the purpose of carrying out our business, providing you with the Website and the Services, and for 3PM to better understand, manage and market the Website and the Services.
3 Personal information of minors
We do not intend to collect personal information from children aged under 16. If you have reason to believe that a child under the age of 16 has provided personal information to us through our Website and/or by using the Services, please contact us at the email address set out at paragraph 18 below.
4 Collection of information
(i) Clients and potential clients;
(ii) Persons we deal with in the course of carrying out business and delivering Services;
(iii) Persons who access and use the Website;
(iv) 3PM employees and contractors, and potential employees and contractors; and
(v) Other individuals who come into contact with us.
(i) Identifying information such as your name, appearance, date of birth, citizenship or residency;
(ii) Contact information, such as your postal address, telephone number and email address;
(iii) Payment information, such as credit card or bank account details;
(iv) Information provided by you through registration on our Website;
(v) Information provided to us by you through any other method (such as through recruitment processes, correspondence or discussions);
(vi) Information collected by us through click tracking in relation to your use of our Website, including the tracking of the content you access and any of our services you utilize; and
(vii) Information collected by us through log files or cookies (as set out in sections 6 and 7).
(i) Directly, such as when you interact with us in person or via phone or email, when you access or use our Website, when you provide us with documents such as a contract or a curriculum vitae, or when you fill in an online form;
(ii) Automatically, such as when you visit our Website or social media; and
(iii) From third parties, such as our professional advisors, a person you have provided as a referee, or publicly available information.
Information about your computer and about your visits to and use of the Website (such as your IP address, location, browser type and user name) may be recorded when you log in to our Website. This information may be used to identify you. We will treat this information as personal information.
6 Log files
We use log files in order to enhance your experience on our Website and to analyse trends. Log files gather information, such as which URL you just came from, which URL you visit next, what browser you are using and your IP address. This information is used to analyse trends and to administer and operate our Website. Users who log into our Website also have their IP address recorded. An IP address can be used to identify a user; we will treat this information as personal information.
Our Website uses temporary cookies to keep a session open after a user logs in. We may use the information we obtain from the cookies in the administration of our Website and to improve our Website. These cookies help us recognize previous visitors and also identify the route history of users. We treat information collected by cookies and other similar technologies as non-personal information unless:
(a) applicable laws require us to treat them as personal information; and
8 Other information
We will have access to and may use other information, such as number of users, traffic patterns and demand for the service, for the purpose of monitoring server and software performance as well as for our other internal purposes. We may also collect information about all system interaction with users while they are logged in. This information is owned by us and may be used to verify actions taken by a user or to better understand the behavior of users in order to improve our Website.
9 Use of information
The personal information you provide may be used by us, any person or other entity which directly or indirectly controls, is controlled by or is under common control with us (an Affiliate) and each of our and our Affiliates’ employees, officers, agents and contractors to:
(a) Assist us in conducting our business and providing Services;
(b) Perform our contractual obligations to you;
(c) Assess your suitability to work with or for us;
(d) Communicate with you in the context in which you have engaged with us including responding to queries and complaints;
(e) Bill you for amounts owed by you to us or pay you for amounts owed by us to you;
(f) Verify your identity for use of our Website, conduct address verification or credit checks for invoicing and billing purposes and enrich your profile and search ability;
(g) Assist in providing better Services to you by tailoring the Services to meet your needs;
(h) Provide you with further information about us or other websites or goods or services offered by us or our Affiliates or which we consider may be of interest to you. You may opt out of receiving such information from us by emailing us or using the “unsubscribe” function in any communication that we send you;
(i) Market, promote and otherwise publicise our Services (including through direct marketing), and to carry out market research and surveys (by 3PM only, not by third parties). You may opt out of receiving any marketing, promotional, publicity or market research related correspondent from us by emailing us or using the “unsubscribe function in any communication that we send you;
(j) Keep our Website relevant and of interest to users;
(k) Show you advertising and information that is most relevant to you and your interests;
(l) Assist in arrangements with other organizations (such as loyalty program partners or third party applications that integrate with the Services) in relation to a product or service we make available to you;
(m) Allow us to run our business and perform administrative and operational tasks (such as training staff, risk management; developing and marketing products and services, undertaking planning, research and statistical analysis; and systems development and testing, keeping our records up to date, being efficient about how we fulfil our legal and contractual duties);
(n) Detect any fraud or crime, or for money laundering and counter financing of terrorism purposes in connection with any laws, rules or regulations in New Zealand or overseas; and
(o) Satisfy any other purpose that is stated to you at the time of collection or that you otherwise authorize.
10 Information sharing and disclosure
(a) In relation to personal information, we:
(ii) May disclose information about you, including your personal information, to our Affiliates and each of our and our Affiliates’ employees, officers, agents and contractors for the purposes set out in paragraph 9;
(iii) May disclose information about you, including your personal information, to our contractors and suppliers to enable them to provide services and products to us in relation to our Services and Website, including transaction processing services, hosting services and support services.
(b) Information collected through our Website that does not identify users is owned by us and may be disclosed by us. We may share aggregated demographic information about our user base with our Affiliates, partners and advertisers.
(c) At your request, we will share your personal data with your representative or any person acting on your behalf (for example, financial advisers, lawyers, attorneys, accountants, executors, administrators, trustees or auditors).
(d) We may enable you to share information with third party applications or websites that integrate with the Services (e.g. a payroll provider’s website). You can choose to share your information (including personal information) with the third party application or website. Information collected by these third parties is subject to their terms and policies.
3PM is not responsible for the terms or policies of third parties. We operate our business in New Zealand. We may need to share some of the personal information we collect about you with organisations both inside and outside of New Zealand. We will not do this without your permission unless we believe on reasonable grounds that the organisation is subject to privacy laws that provide a comparable safeguard to those in New Zealand. We may also disclose your personal data if we determine in good faith that disclosure is reasonably necessary to protect our rights and pursue available remedies, enforce our terms and conditions, investigate fraud, or protect our operations or users.
11 Advertising and third-party links
12 Security of your personal information
We are committed to data security. We will take reasonable and appropriate technical and organizational precautions to prevent the loss, misuse or unauthorized alteration of your personal information. For example, we store data in computer servers with limited access that are located in controlled facilities. However, due to the nature of email and the internet, we cannot guarantee the privacy or confidentiality of your personal information. We may store your information in cloud or other types of networked or electronic storage. When you provide us with personal information, that information may be collected, stored and processed on servers located outside of New Zealand. Where we transfer personal information outside of New Zealand, we will meet our obligations in paragraph 10 and the GDPR Privacy Statement. Sensitive information, such as data entered during the registration process, is encrypted using SSL technology. Credit card payments are encrypted and processed using an external credit card payment processor and details are not stored by us.
13 Your Rights
Without limitation, you have the following rights:
(a) The right to be provided confirmation of whether we hold personal information about you, and access to that information.
(b) The right to request that we correct personal information we hold about you and to request that there be attached to the information a statement of the correction sought but not made. To exercise your rights, or if you require further information about how your personal data is used by us, you can contact us at: email@example.com. You can also contact us if you have any questions or complaints about how we collect, use, disclose, manage or store your personal information. Where we are required by applicable law to provide further information about our use or disclosure of your personal information, we will use reasonable endeavors to do so. We will respond to your request, where required by law, within 20 working days from the date your request is received. We will inform you if this time frame is not achievable and extend this time frame as permitted by applicable law. We may charge a fee to cover the costs of meeting your request, in particular if your request is urgent. If we do not agree to provide you with access to, or to amend or erase, your personal information as requested or otherwise meet your requests, we will notify you accordingly. Where appropriate, we will provide you with the reason(s) for our decision and the mechanisms available to complain about the refusal. If the rejection relates to a request to change your personal information you may make a statement about the requested change and we will attach this to your record. In some circumstances, as set out in the Privacy Act 1993, we may not grant access to your personal information. In those cases we will, if permitted by law, provide you with the reasons why your request has been refused. We will keep your information for so long as is required for our business operations or by applicable laws.
14 Business transitions
15 Users outside New Zealand
16 Linking and advertising
We may include links to third-party materials (Linked Sites) on our Website as well as advertising. Advertisers or Linked Sites may ask you to provide information. We do not have control over the privacy policies of Linked Sites or advertisers. Further requirements about Linked Sites are set out in our Website terms and conditions. Please read carefully their privacy policies to find out how they collect and process your personal data
18 Contact details
19 European Union General Data Protection Regulation (GDPR)
How do you make a complaint? If you have a complaint about how we handle your EU personal data, you can contact us: email firstname.lastname@example.org, or call 0800 00 00 90.
If you still feel your issue or request hasn’t been resolved to your satisfaction, then you can escalate your privacy concern to the relevant data protection authority (for example in the place you reside or where you believe we breached your rights). If your complaint relates to how we handled your access and correction requests you may take your complaint directly to the New Zealand Privacy Commissioner, or the authority of the country in which you are located.
Contact details for escalating complaints Office of the New Zealand Privacy Commissioner
(a) Online: www.privacy.org.nz
(b) Phone: +64 4 474 7590 or +64 9 302 8680
(c) Email: email@example.com