Snapity Privacy Policy

 

 

  1. Introduction

 

At Snapity, we take privacy very seriously. Weve prepared our privacy policy (“Policy”) to ensure that we communicate with all Snapity Members or other persons accessing or using our Platform, in the clearest way possible. We encourage you to read this Policy carefully. It will help you make informed decisions about sharing your Personal Information with us.

 

Snapity is an online platform which allows users to market, advertise, sell and buy Goods.

 

  1. Scope

 

This Policy applies to all persons accessing or using the Platform or otherwise registering to become a Snapity Member, whether through a mobile device, mobile application or computer.

 

Unless otherwise defined herein, all capitalised terms used in this Policy have the same meaning as given to them in our Terms of Use. By accessing our website and/or using or accessing the Platform, you are deemed to have consented to the terms of this Policy.

 

  1. Privacy Act 2020

 

Snapity complies with the NZ Privacy Act 2020 (“Act”) when dealing with Personal Information. This policy sets out how we will collect, use, disclose and protect your Personal Information.

 

This Policy does not limit or exclude any of your rights under the Act. If you wish to seek more information on the Act, see www.privacy.org.nz.

 

  1. Personal Information

 

When You use the Platform, you may from time to time provide us with Personal Information and related data and information. Personal Information is information about an identifiable individual, and may include information such as the individual’s name, email address, telephone number, age or birthdate, occupation, address, details of the services you have purchased from us and any other information relating to you.

 

  1. Collection of Personal Information

 

Snapity may collect Personal Information about you when you:

 

  • register to use the Platform as a Snapity Member;
  • use the Platform;
  • publish a Listing;
  • otherwise provide Member Content;
  • contact the Snapity support team;
  • visit our website or Platform through a third party if they provide your personal information to us when using the Platform (see the section headed “Consent to Provide Personal Information from Third Party” below).

 

You can always choose not to provide your Personal Information to Snapity (or to give consent to a third party to provide your Personal Information to us), but it may mean that you are unable to use the Platform and/or register as a Snapity Member.

 

If you elect to allow Snapity to do so (via the Platform and/or our website), Snapity may also collect personal information from you in relation to your location/address and share such information publicly on the Platform in relation to a Listing. By electing to allow Snapity to share your location/address on the Listing, you are deemed to have consented to Snapity providing such information and that you are aware of the risks in doing so (as further detail in our Terms of Use)

 

Your information will be held by Snapity Limited, 73 Pine Harbour Parade, Auckland, 2018, New Zealand and otherwise held in accordance with this Policy. [RLH1] [NJ2] 

 

  1. Consent to provide Personal Information from third party

 

Through your use of the Platform, Snapity may also collect information from you about someone else. If you provide Snapity with Personal Information about someone else, you must ensure that you are authorised to disclose that information to Snapity and that, without Snapity taking any further steps required by applicable data protection or privacy laws, Snapity may collect, use and disclose such information for the purposes described in this Policy.

 

This means that you must take reasonable steps to ensure the individual concerned is aware of and/or consents to the various matters detailed in this Policy, including the fact that their personal information is being collected, the purposes for which that information is being collected, the intended recipients of that information, the individual's right to obtain access to that information, Snapity’s identity, and how to contact Snapity.

 

Where requested to do so by Snapity, you must also assist Snapity with any requests by the individual to access or update the Personal Information you have collected from them and entered into the Platform.

 

  1. Use of Personal Information

 

Snapity collects your Personal Information so that it can provide you with access to the Platform and any related services that you may request. In doing so, Snapity may use the Personal Information it has collected from you for purposes related to the Platform including to:

 

  • verify your identity;
  • administer the Platform;
  • notify you of new or changed services offered in relation to the Platform;
  • carry out our legitimate business interests (or those of a third party), such as maintaining and analysing the security of our data and systems, improving and delivering our services, marketing or publicising our activities or work (which may involve sending you marketing communications by email and other electronic means, unless you have opted out of such marketing), preventing or investigating fraud, developing our products and services, responding to your inquiries, verifying your identity, and where we have ensured that these business interests do not override your fundamental rights and interests;
  • protect the rights, property and safety of users of the Platform, including but not limited to the detection and prevention of fraud, spam, abuse, security incidents and other harmful activity;
  • resolve disputes or enforce agreements between users of the Platform;
  • comply with laws and regulations in applicable jurisdictions, and
  • communicate with you.

 

We may send you marketing communications and information about products and services that we consider may be of interest to you. These communications may be sent in various forms, including but not limited to, mail, SMS or email, in accordance with and subject to applicable marketing laws.

If at any stage you no longer wish to receive these notifications you may opt-out of receiving marketing communications from us by using the opt-out facilities provided (e.g. an unsubscribe link in a promotional email) or contacting us at contactus@snapity.com.

 

We do not provide your Personal Information to other organisations for the purposes of direct marketing unless expressly authorised by you.

 

By accessing and/or using the Platform, you consent to your Personal Information being collected, held and used in this way and for any other use that you expressly authorise. Snapity will only use your Personal Information for the purposes described in this Policy or with your express permission.

 

It is your responsibility to keep your password to the Platform safe and secure. You should notify us as soon as possible if you become aware of any misuse of your password, and immediately change your password within the Platform or via the “Forgotten Password” process.

 

If you receive communications from us that you believe have been sent to you other than in accordance with this Policy, or in breach of any applicable law, please contact us at contactus@snapity.com.

 

  1. Data Hosting Provider[CPL3] [NJ4] [RLH5] 

 

You authorise us to transfer, store, and process your Personal Information in New Zealand and possibly countries outside of New Zealand. Where Personal Information is stored overseas, or a third party Snapity uses to provide the Platform stores information overseas, we will ensure that the storage is New Zealand privacy law compliant and held in accordance with clause 9 below.

 

  1. Disclosure of Personal Information

 

Snapity may disclose your Personal Information to other Snapity Members for any reasonable purpose, including but not limited to:

 

  • when you ask or authorise us to;
  • publishing your trading history;
  • disclosing contact details during a dispute; and
  • sharing payment details.

 

There may be times when we disclose your Personal Information to third parties. If we do this, we will only disclose such information to:

 

  • those who provide to us products or services that support the services that we provide, such as our suppliers and third parties that assist us with our marketing and promotion;
  • our payment provider (for payment of fees on the Platform);
  • credit reference agencies, who may share your information with other organisations;
  • debt collection agencies or companies, in order to collect any money owing by you to us;
  • anyone we transfer our business to in respect of which you are a customer or a potential customer;
  • anyone who assists us in protecting the operation of our networks and systems, including the use of monitoring and detection in order to identify potential threats, such as hacking and virus dissemination;

persons to whom we may be required to pass your information by reason of legal, governmental or regulatory authority including law enforcement agencies;

  • aggregated user statistics and other information that does not personally identify you, to third parties such as our advertisers, customers, potential customers and partners;
  • any person or organisation as authorised by the Privacy Act 2020.

 

By using the Platform and providing your Personal Information, you consent and agree to us passing on, transferring or sharing your Personal Information to third parties listed above (as applicable).

 

From time to time, Snapity may transfer or share your Personal Information with third parties based outside of New Zealand for purposes such as data storage and as indicated at clause 8 above (“Overseas Sharing of Information”). Prior to any Overseas Sharing of Information, we will ensure that the third party that is to receive such information is either:

 

  • subject to the New Zealand Privacy Act 2020 because that third party also does business in New Zealand; and/or
  • is subject to privacy laws that provide comparable safeguards to the Privacy Act 2020; and/or
  • is under contractual obligations to protect such information in a way that is comparable to the safeguards required under the Privacy Act 2020; and/or
  • is covered by a binding scheme or is subject to the privacy laws of a country prescribed by the New Zealand Government.

 

Snapity will not otherwise disclose your Personal Information to a third party, except as otherwise set out in this Privacy, unless you have provided your express consent.

 

Some of the interactions with the Snapity website and/or Platform may be subject to additional third party terms. For example, the Platform may contain links to third party websites and services. If you interact with these links, you do so at your own risk. Third parties may have their own rules about collection, use and disclosure of your personal information. You are encouraged to review their privacy policies accordingly.

 

You can exercise your right to ‘opt out’ of the consent to Overseas Sharing of Information in accordance with the above by contacting us at  contactus@snapity.com. However, please note that if you decide to opt out in accordance with the above, we may not be able to provide you with our products or services on the website.

 

10.       Transfer of information to third party applications[CPL6] [NJ7] [RLH8] 

 

The Platform may allow you to transfer Member Content (and other related information and data), including Your Personal Information, electronically to and from third-party applications.

 

Some of these service providers may be located overseas. We take reasonable steps to ensure that the overseas recipients of your Personal Information do not breach the privacy obligations relating to your Personal Information and will ensure that we meet our obligations in respect of sharing such information overseas in accordance with clause 9 of this Policy. 

 

Subject to our obligations under the Act, you are responsible for checking the privacy policy of any such applications so that You can be informed of how they will handle Personal Information.

 

  1. Protecting your Personal Information

 

Snapity is committed to protecting the security of your Personal Information and we take all reasonable precautions to protect it from unauthorised access, modification or disclosure. Your Personal Information is stored on secure servers that have SSL Certificates issued by leading certificate authorities, and all personal information transferred between you, and the Platform is encrypted.[CPL9] [NJ10] 

 

 We will take reasonable steps to ensure that the Personal Information we collect, use or disclose is accurate, complete, up-to-date and stored in a secure environment protected from unauthorised access, modification or disclosure.

 

We will advise you upon discovering or being advised of a security breach where your Personal Information is lost, stolen, accessed, used, disclosed, copied, modified, or disposed of by any unauthorised persons or in any unauthorised manner.

 

12.       Accessing and correcting Personal Information

 

It is your responsibility to ensure that the Personal Information you provide to us is accurate, complete and up-to-date. You may request access to the information we hold about you, or request that we update or correct any Personal Information we hold about you, by setting out your request in writing and sending it to us at contactus@snapity.com.

 

Snapity will process your request as soon as reasonably practicable, provided we are not otherwise prevented from doing so on legal grounds. If we are unable to meet your request, we will let you know why. For example, it may be necessary for us to deny your request if it would have an unreasonable impact on the privacy or affairs of other individuals, or if it is not reasonable and practicable for us to process your request in the manner you have requested. In some circumstances, it may be necessary for us to seek to arrange access to your Personal Information through a mutually agreed intermediary.

 

13.        Retention of Personal Information

 

We will only keep your Personal Information for as long as we require it for the purposes of providing you with access to the Platform. However, we may also be required to keep some of Your Personal Information for specified periods of time, for example under certain laws relating to corporations, money laundering, and financial reporting.

 

14.       Use of non-personally identifiable data

 

By using the Platform, you agree that Snapity can access, aggregate and use non-personally identifiable data Snapity has collected from you for any reason whatsoever. This data will in no way identify you or any other individual.

 

Without limitation to the above, Snapity may use this aggregated non-personally identifiable data to:

 

  • assist us to understand better how our customers are using the Platform;
  • provide our customers with further information regarding the uses and benefits of the Platform;
  • for industry and market analysis, demographic profiling, and marketing and advertising;
  • enhance small business productivity, including by creating useful business insights from that aggregated data and allowing You to benchmark Your business’ performance against that aggregated data, and
  • otherwise to improve the Platform.

 

An example of non-personally identifiable data is cookies. In providing access to the Platform, Snapity utilises cookies. A cookie is a small text file that is stored on Your computer for record-keeping purposes. A cookie does not identify you personally or contain any other information about you, but it does identify your computer or mobile device.

 

We and some of our affiliates and third-party service providers may use a combination of “persistent cookies” (cookies that remain on your hard drive for an extended period of time) and “session ID cookies” (cookies that expire when you close your browser) on the Platform or our website to, for example, track overall site usage, and track and report on your use and interaction with the Platform[RLH11] [NJ12] .

 

You can set your browser to notify you when you receive a cookie so that you will have an opportunity to either accept or reject it in each instance. However, you should note that refusing cookies may have a negative impact on the functionality and usability of the Platform and website.

 

15.       Email Correspondence

 

Snapity may send billing information, product information, Platform updates and Platform notifications to you via email. Our emails will contain clear and obvious instructions describing how you can choose to be removed from any mailing list not essential to the Platform. Snapity will remove you at your request.

 

16.       Complaints

 

If you wish to complain about how we have handled your Personal Information, or have any questions or concerns about this Policy, please contact our Privacy Officer with full details and any supporting documentation:

 

·     by e-mail at contactus@snapity.com; or

·     by letter to The Privacy Officer, Snapity Limited, 73 Pine Harbour Parade, Auckland, 2018, New Zealand.[RLH13] [NJ14] 

 

Our Privacy Officer will endeavour to provide an initial response to your query or complaint within 10 business days and investigate and attempt to resolve your query or complaint within 30 business days or such longer period as is necessary and notified to you by our Privacy Officer.

 

17.       Changes to this Policy

 

Snapity may change or update this Policy from time to time.

 

Any amended Policy will take effect from the date that we post it to this website and/or the Platform. Snapity will make every effort to communicate any significant changes to you via email or notification via the Platform. If you do not agree with such changes to the Policy, please cease using the Platform.

 

 

This Policy was last updated on 23 June 2022.