AIMY NEW ZEALAND LIMITED

PRIVACY POLICY FOR AIMY PLUS, APPS AND WEBSITES.

Effective as of May 8, 2018.

Aimy New Zealand Limited, a company based in New Zealand, together with its affiliates (collectively we, our or us in this Privacy Policy) is committed to maintaining the privacy of the information of its customers and other users of its products and services.

In the course of our business dealings with you we may collect, use, disclose, and hold information about identified or identifiable persons (Personal Information), as well as other business or technical data.

This Privacy Policy describes how we collect, use, store and distribute Personal Information and other data, and describes the purposes for which we may use, disclose or hold such Personal Information and other data.

Information that we collect from you

During the course of your relationship with us, your using our apps or websites, or your use of our aimy Plus online management service (aimy Plus), we may collect the following information:

1)     We will collect personal details from you during the course of your establishing and maintaining an account or user profile with us via aimy Plus, such as your name, user name, passwords, address, email address and phone numbers.

2)     We will collect data that is inputted or uploaded by users into aimy Plus, or that is inputted, uploaded or provided by users via any helpdesk or online chat service we may provide in connection with aimy Plus. The information inputted or uploaded into aimy Plus may include information about children and their parents, including in some circumstances medical information and other sensitive data.

3)     We will collect data related to the use of aimy Plus, including details of the pages visited, the reports generated and the data accessed.

4)     We may collect other Personal Information and data during the course or as a result of your relationship with us, including where necessary to enable us to provide products and services to you or to respond to requests for further information.

We don’t collect credit card information

We do not collect, store or process any credit card information. Any credit card payments made by usersin connection withaimy Plus will be processed by third-party payment platform providers.

How we use Personal Information and other data

We will use, disclose and hold Personal Information and data collected by us for the following purposes:

1)     to enable us to operate aimy Plus (where applicable) for the benefit of you or the applicable organisation subscriber;

2)     to establish and maintain any account you hold with us;

3)     to complete sales transactions, including billing, payment, receipt, credit check and verification services;

4)     to respond to your queries or requests for additional information or support;

5)     to provide any after-sales service required by you;

6)     to maintain our records;

7)     to provide technical support and administration services in relation to aimy Plus;

8)     to keep you informed about products, services, events, promotions or any other marketing activities, but only to the extent permissible under applicable laws, and subject to any other restrictions contained in this Privacy Policy;

9)     for product development or research purposes; and

10)  to evaluate customer satisfaction and the performance of marketing activities.

Lawful basis for processing Personal Information

We will always make sure that we have a lawful basisfor the processing of your Personal Information.

In particular, we may need to process your Personal Information to pursue our legitimate business interests. This includes to enable us to operate our aimy Plus service, and our other apps or websites on which we may make available products, services or information from time to time (Apps and Websites), for the benefit of users and subscribers. In claiming legitimate business interests to process your Personal Information, we will balance those legitimate business interests against your own interests – which may in some cases over ride our legitimate business interests.

In addition to our legitimate business interests:

1)     we obtain the consent of aimy Plus users and subscribers (or in the case of children, their parents or caregivers) to the collection, use and processing of Personal Information, where possible. We do this by requiring anyone who subscribes or registers to aimy Plus or the Apps or Websites to confirm their acceptance of the terms of this Privacy Policy;

2)     some of the Personal Information is collected and processed to assist with medical emergencies or to keep children safe from harm. For example, medical information, information about allergies, and parental contact details. This information may be used, collected and disclosed where necessary to protect the vital interests of natural persons; and

3)     In some circumstances, we will have a legal obligation to process certain Personal Information.

Cookies

Our aimy Plus service and the Apps and Websites may use cookies.  “Cookies” are small text files that are placed on computers, devices or browsers used to access websites, apps or other internet content.  We may use cookies to remember information about your personal preferences and user settings for aimy Plus or thoseApps and Websites, to analyse aimy Plus or App and Website traffic and trends, and to generally understand the behaviours and interests of people who use aimy Plus or our Apps and Websites.

Our cookies will only use information about your personal preferences and user settings so that aimy Plus or our Apps and Websites will remember your details next time you visit.  We may use, disclose or sell other data collected by us from cookies for other purposes, but only on an aggregated basis and in a way that ensures that no individual is able to be identified from such information. 

You may be able to change the settings on the device that you use to access aimy Plus or the Apps and Websites in order to reject or limit the use of cookies, but this may reduce the functionality of aimy Plus or the Apps and Websites.

Please note that users based in the European Union will be asked to accept the use of cookies before these can be enabled on their devices.

Statistical data that we collect

During your use of aimy Plus or our Apps and Websites we may collect statistical data about such use, such as the date, time and length of your use, the pages of aimy Plus or our Apps and Websites that you visit, and information about the device you are using to access aimy Plus or our Apps and Websites. This information may be collected by software operating on aimy Plus or our Apps and Websites, or by third party service providers on our behalf. 

We may use and disclose such statistical data for the following purposes:

1)     to measure the effectiveness of any services or features provided via aimy Plus and our Apps and Websites;

2)     to identify user behaviour and user trends on aimy Plus and our Apps and Websites;

3)     to maintain and optimise the technical performance, operation and security of any products or services (including aimy Plus and our Apps and Websites) provided by us; and

4)     to assist in resource planning.

We may disclose or sell such statistical data to others for any purpose, but only on an aggregated basis and in a way that ensures that no individual is able to be identified from such data. 

User and subject data

We may also use, sell or disclose any of the data about subscribers, children, parents and users of aimy Plus that we collect for any purpose other than those purposes expressly permitted under this Privacy Policy, but only on an aggregated basis and in a way that ensures that no individual is able to be identified from such data. 

Marketing

We may use Personal Information and other data collected by us or via aimy Plus or our Apps and Websites to send or email to you marketing or promotional information about our services or products, or the services or products of other companies (Direct Marketing Information), but only if you have expressly given us permission to do so. 

If you have given us permission to send to you Direct Marketing Information, and you later decide that you do not want us to send you any further Direct Marketing Information, you can contact us at any time to request that we stop sending you such information.  You can either contact our Data Protection Officer (see the details at the end of this Privacy Policy) or use the “Unsubscribe” facility at the bottom of any Direct Marketing Information email or communication that we send you.

We will not sell your Personal Information or other data to direct marketers unless you have expressly given us permission to do so.

Business acquisition

We may transfer your Personal Information and other data to another entity in connection with a sale of our business or assets, or a merger or consolidation or restructuring of our business or company, or any other transaction in which a third party acquires ownership of any rights in aimy Plus and our Apps and Websites.

If we transfer any of your Personal Information and other data in such circumstances, we will ensure that such Personal Information and other data remain protected and that the recipient of that Personal Information and other data agrees to be bound by privacy practices and obligations that are consistent with our own under this Policy.

Disclosure of information to third-parties

We will not use your Personal Information and other data, or disclose your Personal Information and other data to third parties, except:

1)     to the extent reasonably necessary to achieve any of the purposes described in this Privacy Policy; or

2)     where we reasonably believe that such use or disclosure is required or expressly permitted under any applicable law.

Holding Personal Information

We will not hold your Personal Information and other data for longer than is reasonably required for the purposes for which we may lawfully use that Personal Information or data.

In particular, we will hold your Personal Data for so long as you continue to use aimy Plus and our Apps and Websites, and for a period of five years after this. The only reason why we may hold any Personal Information for longer than this period is where we are required by law to do so.

Following that period (or following such longer period that we may be required by law to hold Personal Information) we will delete your Personal Information, or mask or anonymise your Personal Information so that it can no longer be used to identify you.

Security

We will use all reasonable endeavours to effect and maintain adequate security measures to safeguard your Personal Information and other data we hold from loss or unauthorised access, use, modification or disclosure. 

Transfer of Information

We may transfer the information described in this Privacy Policy to or from other countries where necessary to enable us to operate aimy Plus and our Apps and Websites, and to supply any products or services ordered by you.

In particular, aimy Plus and our Apps and Websites are operated using servers and systems located in New Zealand and Australia. Personal Information is also transferred to Xero for billing, invoicing and accounting purposes. Xero is an online accounting platform with servers based in New Zealand and the United States.

The European Commission has recognised New Zealand and the United States (limited to the Privacy Shield framework) as providing adequate protection for the personal dataof European Union subjects.

We will ensure that appropriate safeguards are in place as prescribed by the European Union’s General Data Protection Regulation (GDPR), before we transfer any Personal Information of any European Union subjects to any data processor based in any country that the European Commission has not recognised as providing adequate protection for the personal data of European Union subjects. As a minimum, we will ensure that the data processor agrees to be bound by the European Commission’s Standard Contractual Clauses for the protection of personal data, or (in the case of the US) will ensure that the entity is Privacy Shield certified.

When Xero processes the Personal Information of European Union subjects it also ensures that appropriate safeguards are in place that are prescribed by the GDPR – i.e., by entering into the European Commission’s Standard Contractual Clauses with the entity the data is transferred to, or by ensuring that the entity is Privacy Shield certified (for transfers to US based entities).

Use of third-party websites

If you access any third-party websites via a link from any of aimy Plus or our Apps and Websites, you will leave aimy Plus or thatApp or Website. By accessing these links you are not covered by the policies relating to aimy Plus or thatApp or Website. We are not responsible for the content of any third-party websites, or their use of your Personal Information or other data.

Subscriber privacy practices

We have no control over the privacy practices of organisations that subscribe to aimy Plus. In particular, we cannot control what such organisations may do with the information you input or upload into aimy Plus, or the information that you provide to such organisations for the purposes of their inputting or uploading that information into aimy Plus. You should ensure that any organisation you provide Personal Information or other valuable data to has appropriate privacy practices in place that protect that Personal Information or data from misuse and unauthorised disclosure.

Your rights to access, correct and delete Personal Information

We provide users of aimy Plus and our Apps and Websites with tools and portals that enable them to manage their privacy settings, and to delete or disable certain Personal Information or our access to that Personal Information. Users may access these tools and portals at any time.

Please note that the deletion or disablement of Personal Information may have an impact on the features and functionality of aimy Plus and our Apps and Websites. In particular, some features and functions of aimy Plus and our Apps and Websites will not work without the requested Personal Information being made available to us.

You also have additional rights to information about your Personal Information that we collect and process. This information includes:

1)     details of the Personal Information that we collect and process, including the categories of Personal Information concerned, and purposes of any processing;

2)     the recipients or categories of recipient to whom the Personal Information have been or will be disclosed;

3)     where possible, the envisaged period for which the Personal Information will be stored, or, if not possible, the criteria used to determine that period; and

4)     where your Personal Information is not collected from you, any available information as to the source of that Personal Information.

You also have the right to request from us the rectification or erasure of your Personal Information, to request from us the restriction of processing of your Personal Information, and to object to our processing of your Personal Information.

If you want to access, correct or seek the erasure of your Personal Information or data, please contact our Data Protection Officer (see below) and he/she will tell you how to make a request and if any charges will apply.

EU subjects may complain to a supervisory authority

European Union subjects have the right to lodge a complaint about our Personal Information processing activities with a supervisory authority in the EU Member State where they are based or where the data processing activity took place.

Our Data Protection Officercan help you to identify who your supervisory authority is.

Data Protection Officer

For any queries or further information about our Privacy Policy, or about our privacy or data practices, please contact our Data Protection Officer. This person’s contact details are as follows:

Aimy New Zealand Data Protection Officer
63B Apollo Drive, Rosedale, 
Auckland 0632, New Zealand
support@aimyplus.com
+ 64 9 972 9484

GDPR Representative

As we are not based in the European Union, we have designated the following person to act as our representative in the European for the purposes of Article 27 of the GDPR:

DPR (Our EU GDPR Representative) 

Office 29, Clifton House,
Fitzwilliam Street Lower,
Dublin, Ireland
For contact information click here 

Our GDPR Representative is authorised to act on our behalf with regard to all questions or issues concerning our collection and processing of the Personal Information of European Union subjects.

Amendments to the Privacy Policy

We may amend this Privacy Policy from time to time. Any such amendments will be effective immediately, unless we state otherwise.  We will take reasonable steps to notify users of any such amendments.

Your continued use of aimy Plus or our Apps and Websites after any such notice will constitute your acceptance of any amendments or revisions to this Privacy Policy.

You should periodically review this Privacy Policy for the latest information about our privacy practices.

Who we are

For the purposes of the GDPR, Aimy New Zealand Limited is both a controller and processor of data.

Our registered office is located at; 

63B Apollo Drive, Rosedale,
Auckland 0632, New Zealand.