This Data Privacy Statement describes how HR Profiling Solutions Limited collects, uses, and protects personally identifiable information. At HR Profiling Solutions Limited, protecting personally identifiable information about you is important to us. We strive to protect the personal information under our control and take certain precautions to help maintain the security and integrity of that data.
Our website (“Site”) is not intended for children and we do not knowingly collect data relating to children. Please contact us at info@hrprofiling.com if you believe we have inadvertently collected information from a child.
1.1 Most of the personally identifiable information we receive relates to an employer’s human resources plans or programmes. There are several ways that we could receive personal information:
(a) You might provide the information directly as a participant in a plan or programme;
(b) Your employer or service providers (such as payroll processors, health plans, or mutual funds) that have a part in administering your employer’s plans or programs might provide the information;
(c) You might provide information as a visitor to the Site or choose to participate in some type of information exchange, including inquiries about employment with HR Profiling Solutions Limited, requests about HR Profiling Solutions Limited’s products and services and queries about HR Profiling Solutions Limited’s sponsored seminars and events;
(d) We may also receive personal information from companies that choose to participate in surveys;
(e) As you interact with the Site, we will automatically collect technical information about your equipment, browsing actions and patterns. We collect this technical personal information by using cookies and other similar technologies. Please see our cookie policy below for further details; and
(f) We may also receive personal information about you from other third parties and publically available sources from time to time.
1.2 The types of personal information we receive, use and store may include:
(a) Contact data includes billing address, delivery address, email address and telephone numbers;
(b) Demographic data includes date of birth, gender, and marital status;
(c) Employment data includes date of employment, employment status, payroll history, tax deduction information, performance records, and date of termination;
(d) Identity Data includes company name, first name, last name, username or similar identifier;
(e) Profile Data includes username and password, purchases or order information, your interests, preferences and feedback and survey responses;
(f) Personal Data includes information collected from you in response to questions relating to your personal characteristics;
(g) Transaction Data includes details about payments to and from you and other details of products you have purchased from us;
(h) Technical Data includes internet protocol (IP) address, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this Site;
(i) Usage information, such as information about how you use our Site, products and services, and your preferences, feedback and survey responses; and
(j) Marketing and communications information, such as your preferences in receiving marketing from us and our third parties, your communication preferences and information relating to your use of our products and services and interactions with our staff including phone and email communications.
1.3 We also collect, use and share aggregated data such as statistical or demographic information for any purpose. Aggregated data could be derived from your personal information but is not considered personal information in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your usage information to calculate the percentage of users accessing a specific website feature. However, if we combine or connect aggregated data with your personal information so that it can directly or indirectly identify you, we treat the combined data as personal information which will be used in accordance with this Privacy Policy.
1.4 We do not collect any special categories of personal information about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
2.1 Where we need to collect personal data by law, or under the terms of any agreement we have with you, or your employer or prospective employer, and you fail to provide that information when requested, we may not be able to provide our services to you or grant you with access to our products and services. In this case, we may not be able to provide you with access to our human resources products and your employer or prospective employer may not be able to proceed with your plan or programme. We will notify you if this is the case at the time.
3.1 We use different methods to collect data from and about you including through:
(a) Direct interactions. You may give us your Identity, Contact and Personal Data by filling in forms or questionnaires or by corresponding with us by phone, email or otherwise. This includes personal data you provide when you:
(i) use our products;
(ii) create an account on our website;
(iii) subscribe to our publications;
(iv) request marketing to be sent to you;
(v) enter a competition, promotion or survey;
(vi)give us feedback or contact us; or
(vii)fill out a ‘contact us’ inquiry form.
(b) Automated technologies or interactions. As you interact with our website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies and other similar technologies. Please see our cookie policy for further details.
(c) Third parties and publicly available sources. We may receive personal data about you from authorised third parties and publicly available sources from time to time.
4.1 We will only use your personal information when the law allows us to. Most commonly, we will use your personal information in the following circumstances:
(a) Where we need to perform the agreement we are about to enter into or have entered into with you or your employer or prospective employer, including but not limited to, administering any of your employer or prospective employer’s plans or programs;
(b) Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. Legitimate interests for our business includes conducting and managing our business to enable us to give you the best service and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal information for our legitimate interests. We do not use your personal information for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us;
(c) Where it is necessary to protect the property, interests and rights of HR Profiling Solutions Limited and/or your employer or prospective employer;
(d) Where we need to comply with a legal obligation that we are subject to; and
(e) Where such use of the data has been authorised by you.
5.1 We have set out below, in a table format, a description of the ways we plan to use your personal information, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
5.2 Note that we may process your personal information for more than one lawful ground depending on the specific purpose for which we are using your personal information. Please contact us if you need details about the specific legal ground we are relying on to process your personal information where more than one ground has been set out in the table below.
| Purpose/Activity | Type of data | Basis for processing including basis of legitimate interest |
| To register you to a plan or program and verify your identity | Contact, Identity, Demographic, Employment, Personal | (a) Performance of a contract |
To provide our services and products to you including (but not limited to):
| Contact, Identity, Demographic, Employment, Transaction, Usage, Marketing and Communications | (a) Performance of a contract (b) Necessary for our legitimate interests (to recover debts due to us and protect our business) |
To manage our relationship with you which will include, but is not limited to: (a) Responding to communications or enquiries from you in relation to the products and services, including any complaints | Contact, Identity, Demographic, Usage, Marketing and Communications | (a) Performance of a contract (b) Necessary to comply with a legal obligation (c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products and services, to develop our website, products and services and grow our business) |
| To enable you to complete a survey | Contact, Identity, Demographic, Usage, Marketing and Communications | (a) Performance of a contract (b) Necessary for our legitimate interests (to study how customers use our products and services, to develop them and grow our business) |
| To administer and protect our business and this Site (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) | Contact, Identity, Technical | (a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud) b) Necessary to comply with a legal obligation |
| To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you | Contact, Identity, Demographic, Usage, Marketing and Communications, Technical | (a) Necessary for our legitimate interests (to study how customers use our products and services, to develop them, to grow our business and to inform our marketing strategy) |
| To use data analytics to improve our website, products and services, marketing, customer relationships and experiences and for historical, statistical or research purposes | Technical, Usage | (a) Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop and improve our business and to inform our marketing strategy) |
| To make suggestions and recommendations to you about products and services that may be of interest to you | Contact, Identity, Demographic, Technical, Usage, Profile, Marketing and Communications | (a) Necessary for our legitimate interests (to develop our products and services and grow our business) |
| To comply with our relevant legal obligations (such as where we have a legal obligation to disclose data to a third party) | Contact, Identity, Personal, Demographic, Employment, Transaction, Technical, Usage, Profile, Marketing and Communications | (a) Necessary to comply with a legal obligation |
6.1 We may use your Contact, Demographic, Technical and Usage information to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products and services and offers may be relevant for you. You will receive marketing communications from us if you have requested information from us, or subscribed to our products and services, and you have not opted out of receiving that marketing.
7.1 We will get your express consent before we share your personal information with any third party for marketing purposes. You can ask us or third parties to stop sending you marketing messages at any time by contacting us at any time. Where you opt out of receiving these marketing messages, this will not apply to personal information provided to us as a result of accessing the Site, product purchase, product experience or other transaction.
8.1 We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
8.2 If we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
8.3 Please note that we may process your personal information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
9.1 We may share your personal information with the parties set out below for the purposes set out in the table above.
(a) External third parties, such as
(i) Your employer, prospective employer, consultant, or service provider or such other third parties that have a part in administering your employer’s plans or programs;
(ii) Service providers who provide IT, website hosting and system administration services; and
(iii) Payment services and credit agencies (where applicable).
(b) Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal information in the same way as set out in this privacy policy;
(c) Third parties who are involved in the prevention or detection of fraud or crime or the apprehension or prosecution of offenders, including the operators and participants of crime prevention schemes in which we participate who may compare your personal information with information collected from other sources and who may keep a record of the searches we make against your name;
(d) Third parties to whom we may be required to pass your information by reason of legal, governmental or regulatory authority or where we believe in good faith that disclosure is necessary to protect or enforce our rights or the rights, property, or safety of others;
(e) Professional advisors including lawyers, accountants, bankers, creditors and insurers who provide consultancy, banking, legal, insurance and accountancy services; and
(f) Any other third party, where you have given your express consent for us to do so.
9.2 We require all third parties to respect the security of your personal information and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal information for their own purposes and only permit them to process your personal information for specified purposes and in accordance with our instructions.
9.3 Some of our external third parties may be based outside of New Zealand, so their processing of your data may involve a transfer of your data overseas. In such circumstances we may (where we determine it is necessary to do so) enter into specific terms, contracts or otherwise require that third party to give your personal information the same protection it has in New Zealand.
9.4 We will not sell your personally identifiable information to a third party.
10.1 We have implemented various security measures to help reduce the risk of unauthorised processing or disclosure of personal information and accidental loss, destruction, or damage to your personal information. We have implemented a computer security policy and related procedures, and we train our employees about data security issues. Only employees who have a job-related or business need to access personal information are authorised to do so and they have agreed to only process your personal data on our instructions and protect the confidentiality of that information. In addition to these employees, only your employer or prospective employer and particular service providers are authorised to access your personal information. We also require that our subcontractors enter into confidentiality agreements intended to protect your personal information.
10.2 We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
11.1 We will only retain your personal information for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal information for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
11.2 To determine the appropriate retention period for personal information, we consider the amount, nature and sensitivity of the personal information, the potential risk of harm from unauthorised use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.
11.3 By law we have to keep basic information about our customers including Contact, Identity, Financial and Transaction Data for 6 years after they cease being customers for tax purposes.
11.4 We may retain your personal information for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect of our relationship with you.
11.5 In some circumstances you can ask us to delete your data. Please refer to your legal rights below for further information.
11.6 In some circumstances we will anonymise your personal information (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
11.1 You will not have to pay a fee to access your personal information or to exercise any of your other rights including your right to be informed about the collection and use of data, right to rectify incorrect data, right to restriction of process, right to data portability and the right to be forgotten. However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.
11.2 We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal information (or to exercise any of your other rights). This is a security measure to ensure that personal information is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
11.3 We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated as to the progress of your request.
12.1 Under certain circumstances, you have rights under data protection laws in relation to your personal data including the right to:
(a) Request access to your personal data. This enables you to receive a copy of the personal data we hold about you.
(b) Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
(c) Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
(d) Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
(e) Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
(i) If you want us to establish the data’s accuracy.
(ii) Where our use of the data is unlawful but you do not want us to erase it.
(iii) Where you need us to hold the data even if we no longer require it to establish, exercise or defend legal claims.
(iv) You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
(f) Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
(g) Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
12.2 If you wish to exercise any of the rights set out above, please contact us.
13.1 You will not have to pay a fee to access your personal information or to exercise any of your other rights including your right to be informed about the collection and use of data, right to rectify incorrect data, right to restriction of process, right to data portability and the right to be forgotten. However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.
13.2 We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal information (or to exercise any of your other rights). This is a security measure to ensure that personal information is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
13.3 We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated as to the progress of your request.
14.1 HR Profiling Solutions Limited is committed to accurately maintaining your personally identifiable information. Although we can’t guarantee that your personal information will be 100% accurate at all times, we’ll take reasonable steps to correct personal information that is properly identified as incorrect. If you need to update or correct your personal information contact info@hrprofiling.com. Please understand that, in some circumstances, only your employer, and not HR Profiling Solutions Limited, may have the authority to update or correct your personal information. If this information is the type that only your employer can update or correct, we’ll forward your request to your employer.
15.1 HR Profiling Solutions Limited tracks content usage and traffic on the Site by using “cookies,” a feature of your browser. A cookie is a text file that is placed on your hard disk by a web page server. HR Profiling Solutions Limited uses cookies to help it compile aggregate statistics about usage of this Site, such as how many users visit the Site, how long users spend viewing the Site, and what pages are viewed most often. This information is used to improve the content of the Site; it is not shared with any other party for any commercial purposes. You can set your browser to notify you when you are sent a cookie. This gives you the chance to decide whether or not to accept it. If you disable cookies however, you may not be able to take advantage of all the features of the Site.
15.2 Please note that links to third party websites, plug-in and applications may also use cookies, of which we have no control.
16.1 The Site may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy policy of every website you visit.
17.1 Occasionally, we may update this Privacy Policy. We’ll notify you about material changes in the way we treat personally identifiable information by placing a notice on our Site.
17.2 Any new Privacy Policy will apply to the information already collected at the time of the update.
17.3 We encourage you to periodically review this Privacy Policy so that you’ll always know what information we collect, how we use it, and to whom we disclose your information.
18.1 When using our Site, HR Profiling Solutions Limited is the controller and is responsible for your personal information.
18.2 HR Profiling Solutions Limited reserves the right to modify this Privacy Policy at any time. If you have any questions or complaints about HR Profiling Solutions Limited use of your personally identifiable information or about this Privacy Policy, please send an email to: info@hrprofiling.com.