What is personal information?
Personal information is information about an identifiable individual. It includes information that could be used to identify you, such as your name and contact details. If the information we collect personally identifies you, or you are reasonably identifiable from it, the information will be considered personal information
We may collect personal information from you (including, without limitation, your name, email address, phone number, and postal address) when you use this website.
You may decide not to provide your personal information to us. However, if you do not provide it, we may not be able to provide you with access to certain information or services.
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 various ways including:
- through your access and use of our website
- by telephone, letter, fax or email
- during conversations between you and our representatives
- via social platforms such as Facebook, LinkedIn and Instagram
- by contracting with us or completing relevant forms
- by entering competitions, promotions or requesting information or material from us
- completing surveys, providing feedback or complaining to us.
In some circumstances information may also be collected from third parties where:
- you authorise the collection of information from a third party which may be your representatives such as lawyer, accountant or employer: and
- the information is already publicly available: and
- collection is necessary to enforce the law, or for court proceedings, or to protect public revenue
Statistical Information and Cookies
When you visit this website, we may use automated tools and methods (such as cookies and sessions) to collect certain information about your visit, including, without limitation:
- The internet protocol address and domain name used by your computer to connect to the Internet;
- The operating system and the browser your computer uses, and any search engine or inbound hyperlink used to reach this website;
- The date, time, and duration of your visit; and
- The pages viewed by you.
We may gather more extensive information if we are concerned, for example, about abnormal website usage patterns or website security breaches.
What purposes do we use your personal information?
The information collected will be used by Clark & Co for the purposes relating to:
- The administration, operation, management and marketing of Clark & Co, including but not limited to enabling decisions to be made about this form
- Accessing any database (including, without limitation, the new Zealand Transport Agency’s database of drivers licences and the department of internal affairs database of passports) to verify identity information if required
- Marketing goods and services provided by Clark & Co
- Communicating with you, including by way of email and other electronic or social media means, in connection with administering your requests and on going relationship
- Providing you with customer support
- Analyse usage of this website
Disclosure of personal information
Upon engaging with us (by signing a scope of engagement or declaration and authority) you authorise us to access any of your contact details that may be held by Clark & Co. Personal information is collected by Clark & Co. We take reasonable steps to protect personal information that is held by us from unauthorised access, use, disclosure, alteration, or destruction.
- For the above-mentioned purposes; or
- For other purposes authorised by you, including purposes outlined in any form you have completed; or
- If we believe that the use or disclosure is reasonably necessary to assist a law enforcement agency or an agency responsible for national security in the performance of their functions; or
- If we believe that the use or disclosure is reasonably necessary to enforce any legal rights we may have, or is reasonably necessary to protect the rights, property and safety of us, our customers, or others; or
- professional advisors such as lawyers, accountants, bankers and other consultants as it relates to the services provided to you: or
- External dispute resolution schemes: or
- Suppliers and services that may be required to administer our relationship with you such as IT systems administrators, mailing houses, couriers, payment processors, debt collectors: or
- If we are required or permitted by law to disclose such information.
Storage and security
We may hold your personal information in electronic formats or in hard copy, at our offices or at premises outside our offices, including data storage facilities or online storage located within or outside New Zealand, which may be operated by independent service contractors.
Where your personal information is transferred outside New Zealand we will ensure the intended recipient has provided appropriate safeguards and that requisite rights and remedies in relation to the personal information remain available, or we will obtain your explicit consent for the transfer.
Management of personal information
We take reasonable steps to securely store your personal information to ensure it is protected from unauthorised access, modification and disclosure, and from other types of misuse, interference and loss. This includes electronic and physical security measures and procedures, staff training and use of password protection software.
We will take reasonable steps to destroy or permanently de-identify your personal information when we no longer require it for any purpose for which it was collected. We may retain your personal information for as long as necessary to comply with any applicable law, for legal, insurance and corporate governance purposes, for the prevention of fraud and to resolve disputes. Your personal information may also be retained in our IT system back-up records.
The transfer of data over the Internet is inherently insecure. We cannot guarantee the security, during transmission, of any personal information provided to us via our websites. Please bear this in mind when transmitting information by this means to us.
Third Party Websites
This website may contain hyperlinks to websites operated by third parties. We are not responsible for the content of such websites, or the manner in which those websites collect, store, use, or distribute any personal information you provide. When you visit any third party website from a hyperlink displayed on this website, we encourage you to review the privacy statement of that website so that you can understand how the personal information you provide may be collected, stored, used, and disclosed.
Right to Access and Correct
We are bound by, and comply with, the Privacy Act 2020. Under the Privacy Act 2020, you have the right to access and to request correction of any personal information about you held by us.
You may request access to, or correction of, any personal information we hold about you by contacting us directly.
If you have a privacy complaint
If you’re not satisfied with our response to any privacy-related concern you may have, you can contact the Privacy Commissioner.
Contact details for the Office of the Privacy Commissioner are:
Anti-Money Laundering & Countering Financing of Terrorism Act 2009 (AML/CFT)
If you haven't bought or sold a property since 2019, chances are the process is going to feel a little different now that Real Estate Agents are now captured under the Anti-Money Laundering and Countering Financing of Terrorism (CFT) Act.
The AML Act requires us to take proactive measures in order to help the FIU tackle prospective money laundering and financing of terrorism. These measures are our contribution in order to stop crime and safeguard our reputation as one of the least corrupt nations in the world, and a good place to do business.
Under the AML Act, a customer is classified as our vendor /seller. So if you decide to sell your property from January 2019, we will be required to conduct customer due diligence (CDD) as well as customer identification and verification.
Similarly if you are are increasing your property portfolio through the purchase of a new property, then your lawyer will conduct the required CDD.
When engaging with you, our team must establish the following:
1. The full legal name(s) of the ‘beneficial owner(s)/real person(s)’ selling the property.
2. If the property is being sold by a Trust, then all of the Trustees are considered to be ‘beneficial owner(s)/real person(s).’
3. If the sale is by a Company, then the agent must identify who in the Company owns a 25% or greater share, they are the ‘beneficial owner(s)/real person(s).’
Once the agent has established who the ‘beneficial owner(s)/real person(s)’ are, they will need to obtain documentation from each of these person/s to prove their identity. While the above is not exhaustive, and intending to be a general guide to the process - don't stress, our team is on hand to help guide you through navigating your requirements.
If you have any questions in relation to any aspect of the AML/CFT Act 2009, our obligations, or how it may affect you - feel free to call our team or ask to speak to our Compliance Officer.