Privacy

The Service is an online financial literacy tool provided by Banqer. In order to provide the Service, Banqer may collect some personal information about you. Personal information is information that can be used to personally identify you, such as your name, address, telephone number and email address.

Privacy Protected

Where you provide personal information to us, we will comply with the New Zealand Privacy Act 1993 and the data protection laws of the United Kingdom ("UK") and other applicable privacy laws and data protection laws (if applicable) (together, “Privacy Laws”). This document is our privacy policy and it tells you how we collect and manage your personal information.

Personal information is information about an identifiable individual (a natural person), and includes personal data, personally identifiable information and equivalent information under applicable privacy and data protection laws.

This policy does not limit or exclude any of your rights under Privacy Laws. For further information on the New Zealand Privacy Act 1993, see www.privacy.org.nz. For further information on the the data protection laws of the UK, see https://ico.org.uk/for-organisations/guide-to-data-protection/.

This policy was drafted with brevity and clarity in mind. It does not provide exhaustive detail of all aspects of our collection and use of personal information. We are happy to provide any additional information or explanation needed. Any request for further information should be sent to hello@banqer.co.

Definitions

In this privacy policy:

Organisation means a school, educational institution, company or other legal entity that facilitates the use of the Service and invites users to use the Service

Private User means an individual accessing the Service for private non-commercial use

User Data means any Content, materials or other information that you post to the Service or provide to us or in connection with accessing the Service

User Submissions means User Data that is intended to be visible to other users

and any further capitalised terms used in this policy have the meanings given to them in Banqer’s Terms of Use.

Kinds of personal information we collect:

We may collect the following types of personal information:

1. any additional information relating to you that you provide to us directly or indirectly through use of our Website or the Services, through our representatives or otherwise; and
2. information you provide to us through our service centre, customer surveys or our representatives from time to time.

We may also collect some information that is not personal information because it does not identify you or anyone else. For example, we may collect anonymous answers to surveys or aggregated information about how users use our Website or Services.

We may collect the following information from the following types of users:

Administrators

1. If you are a teacher: Full name, title, email address, school and classroom name. We may also collect additional information generated by your use of the Services, including the state of learning modules and your user preferences;
2. If you are a parent or legal guardian: If your child is using Banqer through a school program and you have been enabled by the teacher, you may be linked to your child’s Banqer account to review their progress. For purposes of enabling this functionality, we may collect your full name and email address from your child’s teacher
3. If you are a representative of an Organisation: Full name, title and email address

Users (students and private users)

1. We may collect your full name, year level (if applicable) and your gender. We may also collect personal information generated by your use of the Services, such as transactional information, test results from quizzes, surveys and your behaviour while using the Service;
2. If you are a student or user in Australia or New Zealand where you or your parent or guardian has purchased the Service as a Private User, we may also collect certain optional demographic information from you, including your gender, ethnicity, information about your income and employment status and information about your family’s financial status (“Demographic Information”). Your responses to these demographic questions are always optional and you may choose not to respond. Your not responding to these questions will not impact on our provision of the Service to you. We do not collect Demographic Information from users outside Australia and New Zealand.

Collection of personal information:

We collect your personal information directly from you unless it is unreasonable or impracticable to do so. When collecting personal information from you, we may collect in ways including:

1. through your access and use of our Website, including when you fill in a contact or enquiry form or sign up to our newsletter or other electronic alerts;
2. during conversations between you and our representatives; or
3. when you use the Services, ncluding when you create an account, respond to surveys or quizzes and post User Submissions.

We may also collect personal information from third parties including:

1. If you are a student: from your teacher, parent or legal guardian; and
2. If you are a parent or legal guardian: from your child’s teacher or from your child; and.
3. If you are a user accessing the Service at the invitation of your workplace: from your workplace

What happens if we can’t collect your personal information?

If you do not provide us with the personal information described above, some or all of the following may happen:

1. we may not be able to provide the Services to you (either to the same standard or at all);
2. we may not be able to provide you with information about Services that you may want; or
3. we may be unable to tailor the content of our Website or Services to your preferences and your experience using these may not be as enjoyable or useful.

Your response to a survey collecting demographic information such as your ethnicity, age, or any personal questions about you or your family’s financial situation is always optional and will not impact the quality of the Services or your experience with the Website.

Children

School users

Where a school or other educational institute (“Institute”) invites a child under 16 to use the Service, the Institute is responsible for obtaining the necessary consent from the child’s parent or guardian.

Private users

We do not knowingly collect or solicit personal information from or about children under 16 who are Private Users without obtaining verifiable consent from that child’s parent or guardian. If you are a Private User under 16, please do not attempt to send any personal information about yourself to us before we obtain parental consent. Please review this privacy policy with your parent or guardian and make sure you understand it.

If you have reason to believe that we have collected or used personal information from or about a child under the age of 16 other than as set out in this policy, please contact us at hello@banqer.co

Use of personal information:

We collect personal information about you so that we can perform our business activities and functions (such as providing you with the Services) and to provide the best quality of customer service.

The personal information provided by you to us is collected, and may be used, for:

1. providing or improving the Service (including processing or responding to any request or complaint made by you);
2. monitoring Website usage and compliance with any contracts you have entered into with us;
3. carrying out internal research and development;
4. providing information to you about additional products or services that may be of interest to you (including direct marketing);
5. if you are either an Organisation or a Private user: providing billing details (names and email addresses) of users accessing the Service under that plan to Banqer’s sponsorship partner, for auditing purposes only; or
6. compliance with any law, rule, regulation, lawful and binding determination, decision or direction of a regulator, or in co-operation with any governmental authority of any country.
7. for any other purpose authorised by you or applicable law

In addition to any circumstances allowing us to use or disclose personal information under the Privacy Laws, we may use or disclose your personal information where reasonably necessary to investigate any complaint or to protect your, our or another person’s rights or safety.

You can stop receiving our marketing emails by following the unsubscribe instructions included in those emails or contacting us at hello@banqer.co

Disclosure of personal information::

We may disclose your information to:

1. our employees, related bodies corporate, contractors or service providers for the purposes of operating of our Website, our business or the Services, fulfilling requests by you, and to otherwise provide the Services to you including, without limitation, web hosting providers, IT system administrators, mailing houses, couriers, payment processors, data entry service providers, electronic network administrators and professional advisors (such as accountants, solicitors, business advisors and consultants);
2. suppliers and other third parties with whom we have commercial relationships (such as our sponsorship partners) for internal business audits. Aggregate and anonymised data may also be provided for marketing campaigns and related purposes; and
3. person who can require us to supply your personal information (e.g. a law enforcement agency or regulatory authority) or authorised by applicable law; and
4. any other person for any authorised purpose with your express consent.

If we enter into an agreement for a bona fide sale of our business (assets or shares, whether in whole or in part) to a third party, your personal information may be transferred to the third party purchaser. You acknowledge and agree that such transfers may occur, and that any acquirer of Banqer or its assets may continue to access and use the User Data and User Submissions as set out in the Terms of Use and this privacy policy.

Collection and use of aggregate personal information

You agree that we may retain and aggregate personal information, including your User Data and User Submissions, for marketing purposes and may provide aggregate personal information to third parties, provided that such use does not enable the identification of any individual, i.e. is anonymised. If you are acting on behalf of someone else as an agent for the purposes of the Privacy Laws, you agree to ensure that you collect, use, hold and process any personal Information in accordance with your obligations under the Privacy Laws.

International transfer of personal information:

A business that supports our website, products and services may be located outside of New Zealand (the country where we are incorporated) and also outside of the country where you are located. This means that the personal information we collect may be transferred to, and stored in, a country outside of New Zealand and the country where you are located.

If you are located in the UK, your personal information may be transferred outside of the UK. Under the data protection laws of the UK, the transfer of personal information to a country outside the UK (including the EEA) may take place to any countries which, the UK government had decided that the country ensures an adequate level of protection. In the absence of an adequacy decision, we may transfer personal information if other appropriate safeguards are in place.

If we transfer personal information outside the UK, it will only be transferred to countries that have been identified as providing adequate protection for UK data, or to a third party where approved transfer mechanisms are in place to protect your personal information (e.g. by entering into the European Commission’s Standard Contractual Clauses, valid as at the date of this privacy policy, or the equivalent UK clauses). For further information, please contact us at hello@banqer.co

Some of the personal information we collect is processed in New Zealand. New Zealand is recognised by the European Commission as a country that has an adequate level of data protection and we rely on this decision in transferring personal information to New Zealand.

Protecting your personal information:

As required by applicable law, we will take steps to keep your personal information safe from loss, unauthorised activity, or other misuse. We implement appropriate technical and organisational measures to ensure a level of security appropriate to the risks inherent in processing personal information.

You play an important role in keeping your personal information secure by maintaining the confidentiality of any password and accounts used in relation to our products and services. You should not disclose your password to third parties.

If you become aware or suspect that any unauthorised person has obtained, or attempted to obtain, access to personal information or has used or attempted to use personal information for purposes not authorised or permitted by our Terms of Use or this privacy policy:

1. you must immediately notify us; and
2. we may at our discretion take such steps as are reasonably available to us to identify that unauthorised person and to prevent that access. To avoid doubt, where the unauthorised access or use is by a Private User or a student, teacher or employee of an Institution, or is caused by a breach of the Terms of Use or any part of this privacy policy by a Private User or a student, teacher or employee of an Institution, the relevant unauthorised or breaching person must pay us reasonable costs related to taking such steps.

Cookies:

We may store personal information through the use of cookies. Cookies are alphanumeric identifiers that the Website transfers to your computer’s hard drive to enable our systems to recognise your browser.

For visitors to our Website that have not created an account with us, we may use cookies to track the user as they navigate the Website and to improve the Website’s usability. These cookies do not collect any personal information about the user.

If you set up an account with us, we may use cookies to manage the signup process, to remember who you are while you are using the Service, to track your use of the Service and to improve the Service’s usability. These cookies will usually be deleted when you log out of the Service, however in some cases they may remain after you have logged out to enhance the experience when you return to the Service at a later date.

From time to time we may test new features and make subtle changes to the way the Service is presented. When we are testing new features, cookies may be used to ensure that you receive a consistent experience while using the Service, whilst also ensuring we understand which changes our users appreciate the most.

We also use cookies provided by Google Analytics to track things such as how long you spend on the Service and the pages that you visit. For more information on Google Analytics cookies, see the official Google Analytics page.

You can prevent the use of cookies by adjusting the settings on your browser (see your browser help for how to do this). Be aware that disabling cookies will affect, or may disable, some or all of the functionality and features of the Service.

Personal information:

To the extent that we collect, hold or process any personal information contained in your personal information in the course of providing the Service to you, you acknowledge that we act as your agent for the purposes of the Privacy Laws. You must obtain all necessary consents to enable us to collect, use, hold and process that information in accordance with this privacy policy and our terms of use.

Accessing or updating your personal information:

You have the right to access and request correction of any personal information that we hold about you, subject to certain exceptions (for example, where disclosure would interfere with the privacy of others or breach confidentiality). If you believe any information we hold about you is incorrect, incomplete or inaccurate, then you may request that it be amended. Before you exercise this right, we will need evidence to confirm that you are the individual to whom the personal information relates.

Where we hold information that you are entitled to access, we will try to provide you with a suitable means of accessing it (for example, by emailing it to you).

We may charge a fee to cover our administrative and other reasonable costs in providing the information to you. We will not charge you for simply making a request.

Please contact hello@banqer.co if you would like to request access to or update your personal information. Your email should provide evidence of who you are and set out the details of your request (e.g. the personal information to be corrected and the correction that you are requesting).

Subject to applicable law, we may charge you our reasonable costs of providing to you copies of your personal information or correcting that information.

Other rights:

In addition to the rights to access and correct your personal information, if you are based in the UK, you have the additional rights set out in the UK Additional Terms section of this privacy policy below.

Internet use:

While we take reasonable steps to maintain secure internet connections, if you provide us with personal information over the internet, the provision of that information is at your own risk.

If you post a User Submission, you acknowledge and agree that the information you post is publicly available.

If you follow a link on our website to another website, the owner of that website will have its own privacy policy relating to your personal information. We suggest you review that website’s privacy policy before you provide personal information to that owner or website.

Data retention policy:

The personal information that we collect and use will not be kept longer than necessary for the purposes for which it is collected, or for the duration required for compliance with applicable law, whichever is longer.

Complaints:

If you believe that your privacy has been breached, please contact us on hello@banqer.co and provide details of the incident so that we can investigate it.

Please make this request in writing. We will attempt to confirm with you as appropriate and necessary your understanding of the conduct relevant to the complaint and what you expect as an outcome. We will inform you whether we will conduct an investigation and who will handle the investigation process.

After we have completed our investigation, we will contact you to advise the outcome and invite a response to our conclusions about the complaint. If we receive a response from you, we will assess it and advise if we have changed our view.

Contact us:

If you have any questions about this privacy policy, please use the contact link on our Website or contact us using the details set out below.

Please contact us at: hello@banqer.co

Changes to our privacy policy:

We may change this policy from time to time. Any updated versions of this privacy policy will be posted on our Website. Please review it regularly. THe change will apply from the date that we upload the revised privacy policy.

This privacy policy was last updated on Wednesday 3rd March 2021.

Law:

This privacy policy and its interpretation and operation are governed by the laws stated below, and you and we agree to be subject to the non-exclusive jurisdiction of the country set out below. You agree not to raise any jurisdictional issue if we need to enforce a judgment in that country.

If you are domiciled in:	the governing law is the law of:	and we and you submit to the non-exclusive jurisdiction of the courts of:
Australia	New South Wales, Australia	New South Wales and the Commonwealth of Australia
United Kingdom	England	England
New Zealand or any other country not listed above	New Zealand	New Zealand

UK Additional Terms

Lawful basis for processing personal information

Our lawful basis for processing personal information that we collect, use and disclose depends on the personal information collected and the context in which we collect it.

Generally, we collect personal information from you where we have your consent, where processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract, or where processing is necessary for the purposes of our legitimate interests (except where such interests are overridden by your interests or fundamental rights and freedoms).

Where we process personal information based on your consent, you may withdraw your consent at any time.

Despite the above, we may process your personal information where such processing is necessary for compliance with applicable laws.

If you have any question about the legal basis on which we process personal information or need further information, please contact us at hello@banqer.co.

Your rights under the data protection laws of the UK

If you are located in the UK, your rights in relation to your personal information include:

1. right of access - if you ask us, we will confirm whether we are processing your personal information and provide you with a copy of that personal information
2. right to rectification - if the personal information we hold about you is inaccurate or incomplete, you have the right to have it rectified or completed. We will take reasonable steps to ensure inaccurate personal information is rectified. If we have shared your personal information with any third party, we will tell them about the rectification where possible
3. right to erasure – when your personal information is no longer needed for the purposes for which you provided it, we will delete it. You may request that we delete your personal information and we will do so if deletion does not contravene any applicable law. If we have shared your personal data with any third party, we will take reasonable steps to inform those third parties that they must delete your personal information
4. right to withdraw consent - if the basis of our processing of your personal information is consent, you can withdraw that consent at any time
5. right to restrict processing - you may request that we restrict or block the processing of your personal information in certain circumstances. If we have shared your personal information with any third party, we will tell them about this request where possible
6. right to object to processing - you may request that we stop processing your personal information at any time and we will do so to the extent required by the UK GDPR
7. rights related to automated decision-making, including profiling - you have the right to not be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you, except where such automated decision-making is necessary for entering into, or the performance of, a contract with you, is authorised by applicable laws or is based on your explicit consent. We do not undertake automated individual decision-making
8. right to data portability - you may obtain your personal information from us that you have consented to give us or that is necessary to perform a contract with you. We will provide this personal information in a commonly used, machine-readable and interoperable format to enable data portability to another data controller. Where technically feasible, and at your request, we will transmit your personal information directly to another data controller
9. the right to complain to a supervisory authority - you can report any concern you have about our privacy practices to your local data protection authority.

Where personal information is processed for the purposes of direct marketing, you have the right to object to such processing, including profiling related to direct marketing.

If you would like to exercise any of your above rights, please contact us at hello@banqer.co. If you are not satisfied by the way we deal with your query, you may refer your query to your local data protection authority.