INTRODUCTION
ClearPoint Limited, including its related companies, e.g. ClearPoint Pty Limited (together, ClearPoint) complies with the New Zealand Privacy Act 2020 (the NZPA), the Australian Privacy Act 1988 (the AuPA) in the case of Australian clients and individuals, and other applicable privacy and data protection laws, (together, applicable privacy laws) when dealing with 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 laws.
This policy sets out how ClearPoint will collect, use, disclose and protect your personal information. ClearPoint does not collect or process all types of personal information. ClearPoint does not process, and you must not provide to ClearPoint, or use ClearPoint’s website or any of ClearPoint’s services and products to process, personal information that is regulated by:
- the Payment Card Industry Data Security Standards (PCI DSS)
- the Health Insurance Portability and Accountability Act of 1996 (HIPAA).
This policy does not limit or exclude any of your rights under applicable privacy laws.
For further information on:
- the NZPA, see privacy.org.nz
- the AuPA, see https://www.oaic.gov.au/privacy
This policy was drafted with brevity in mind. It does not provide exhaustive details of all aspects of ClearPoint’s collection and use of personal information. ClearPoint is happy to provide any additional information or explanation. Any request for further information should be sent through ClearPoint's contact form.
CHANGES TO THIS POLICY
ClearPoint may change this policy by uploading a revised policy onto ClearPoint’s website. The change will apply from the date that ClearPoint uploads that revised policy.
This policy was last updated on 5 December 2023.
WHEN DOES THIS PRIVACY POLICY APPLY
This privacy policy applies to personal information that ClearPoint collects from visitors to ClearPoint’s website, ClearPoint’s clients, and other persons with whom ClearPoint deals directly.
As a general rule, ClearPoint does not collect, on behalf of its clients, personal information and upload, store or process that information on or through ClearPoint’s systems (User Data).
If ClearPoint does collect, upload, store or process User Data on behalf of a ClearPoint client, it is the client (and not ClearPoint itself) who determines what and how User Data is collected, used, disclosed and transferred. This means that the ClearPoint client’s collection and use of User Data are governed by their privacy policy and practices, not ClearPoint’s. ClearPoint only processes User Data as authorised by a ClearPoint client in a separate agreement with that client. Unless required otherwise under applicable privacy laws, if ClearPoint receives any request or enquiry relating to User Data, ClearPoint will forward this request to the relevant client.
The remainder of this privacy policy does not apply to User Data.
CHILDREN
ClearPoint does not intend to collect personal information from or about children aged under 16. If you have reason to believe that ClearPoint has collected personal information from or about a child under the age of 16, please contact ClearPoint here.
WHAT PERSONAL INFORMATION DOES CLEARPOINT COLLECT
Directly from you
ClearPoint collects the following information directly from you.
When you contact ClearPoint, ClearPoint collects your name, email address, phone number, role, organisation name, location, and any other information that ClearPoint requires or asks for to fully respond to you (e.g. if you are applying for an employment opportunity, ClearPoint may request a CV and information about your employment history, relevant experience, and qualifications). ClearPoint may collect some of this information using third-party authentication services. Some examples of when ClearPoint will collect personal information from you include when you request information from ClearPoint or when you apply to an employment opportunity with ClearPoint.
When you purchase services and products from ClearPoint, ClearPoint collects your name, email address, and professional details (your work email, job title/position, work name, industry, and work country, city, and region), and any other information you submit to ClearPoint for service fulfilment purposes.
When ClearPoint bills you, ClearPoint collects your invoicing/billing address, email address, service/product description, purchase order number (if applicable), and any other information you submit to ClearPoint for billing purposes.
Some of the personal information that ClearPoint collects directly from you may be mandatory and some may be optional. ClearPoint will let you know which of these applies at the time ClearPoint collects the relevant personal information. While you do not have to provide ClearPoint with any of the information that ClearPoint may request, this may mean that ClearPoint cannot provide all or part of its services and products to you, or they may not perform as well as they should. If you require further information about the consequences of not providing ClearPoint with any information, please contact ClearPoint here.
Automatically
When you access and use ClearPoint’s website or related services and products, ClearPoint may automatically collect information about your device and usage of ClearPoint’s website and services and products, including your IP address and/or other device identifying data, time spent on certain pages of the website, pages visited, and links clicked.
Some of this data is collected through third party tools and/or the use of cookies, web beacons and similar storage technologies. Please refer to the cookie policy set out in Appendix A for further information, including information on how you can disable these technologies.
From third parties
ClearPoint may collect personal information about you from third parties where you have consented to, or authorised, this, e.g. if you work for a ClearPoint client, the client may supply your contact details if you are a contact person for that client.
Also, ClearPoint may collect information about you that is publicly available.
If possible, ClearPoint will collect personal information directly from you.
HOW CLEARPOINT USES YOUR PERSONAL INFORMATION
ClearPoint may use your personal information to:
- provide ClearPoint’s website, and services and products, to you or to a business that you work in
- market ClearPoint’s services and products to you, including contacting you electronically (e.g. by text or email for this purpose) and inviting you to ClearPoint events (whether online or in person)
- improve ClearPoint’s website, and services and products
- bill you and collect money that you owe ClearPoint, including authorising and processing credit card transactions
- respond to communications from you, including enquiries, complaints, and technical questions
- conduct research and statistical analysis (on an anonymised basis)
- where you have applied for, or have enquired about, a job opportunity, assess your suitability for that opportunity and to make an employment decision in respect of you
- protect and/or enforce ClearPoint’s legal rights and interests, including defending any claim
- respond to lawful requests by public authorities, including to comply with law enforcement requirements,
or for any other purpose authorised by you or applicable law (including applicable privacy laws).
DISCLOSING YOUR PERSONAL INFORMATION
ClearPoint may disclose your personal information to:
- another company within the ClearPoint group
- any business that supports ClearPoint’s website, and services and products, including any person that hosts or maintains any underlying IT system or data centre that ClearPoint uses to provide its website, or services and products, or that ClearPoint uses to process payments
- third parties (for anonymised statistical information)
- professional advisers e.g. accountants, lawyers or auditors
- a person who can require ClearPoint to supply your personal information (e.g. a law enforcement agency or regulatory authority)
- a person who conducts employment related checks for ClearPoint (where you have applied for, or enquired about, a job opportunity), e.g. a recruiter or referee. This may involve checks to confirm your experience and suitability for a role, and criminal history checks, provided that this will be done with your consent or authorisation
- any other person with your consent
- any other company in the case of a sale, merger, consolidation, liquidation, reorganisation or acquisition
- any other person authorised by applicable law.
INTERNATIONAL TRANSFERS OF PERSONAL INFORMATION
A business that supports ClearPoint’s website, and services and products, or a business in the ClearPoint group (e.g. ClearPoint Pty Limited), may be located outside of New Zealand (the country where ClearPoint is incorporated) and also outside of the country where you are located. This means that the personal information ClearPoint collects may be transferred to, and stored in, a country outside of New Zealand and the country where you are located.
ClearPoint complies with all applicable privacy laws relating to the international transfer of personal information.
PROTECTING YOUR PERSONAL INFORMATION
As required by applicable privacy laws, ClearPoint will take steps to keep your personal information safe from loss, unauthorised activity, or other misuse. ClearPoint implements appropriate technical and organisational measures to ensure a level of security appropriate to the risks inherent in processing personal information.
If you would like further information on those measures, please contact ClearPoint here.
ACCESSING AND CORRECTING YOUR PERSONAL INFORMATION
Subject to certain grounds for refusal under applicable privacy laws, you have the right to access your personal information that ClearPoint holds and to request a correction to your personal information. Before you exercise this right, ClearPoint will need evidence to confirm that you are the individual to whom the personal information relates.
Where you request a correction, if ClearPoint thinks the correction is reasonable and ClearPoint is reasonably able to change your personal information, ClearPoint will make the correction. In all other cases, ClearPoint will take reasonable steps to make a note of the personal information that was the subject of your correction request.
If you want to exercise either of the above rights, contact ClearPoint here. Your message 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, ClearPoint may charge you its reasonable costs of providing you copies of your personal information or correcting that information.
INTERNET USE
While ClearPoint takes reasonable steps to maintain secure internet connections, if you provide ClearPoint with personal information over the internet, the provision of that information is at your own risk.
If you follow a link on ClearPoint’s website to another website, the owner of that website will have its own privacy policy relating to your personal information. ClearPoint suggests you review that website’s privacy policy before you provide personal information to that owner or website.
DATA RETENTION POLICY
The personal information that ClearPoint collects and uses 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.
CONTACTING CLEARPOINT
If you have any questions about this privacy policy or ClearPoint’s privacy practices, or if you would like to request access to, or correction of, your personal information, you can contact ClearPoint here.
Cookie policy
INTRODUCTION
ClearPoint uses cookies on ClearPoint’s website and as part of its related services and products, and receives information collected through cookies. This cookie policy explains how ClearPoint uses cookies and how you can opt out of cookies.
By continuing to use ClearPoint’s website and related services and products, you indicate your agreement for ClearPoint to use the cookies described below.
ClearPoint uses the term cookies in this cookie policy to mean cookies or similar technologies such as web beacons, clear GIFs, and pixel tags.
WHAT ARE COOKIES
Cookies are text files containing small amounts of information which are downloaded to your browsing device, e.g. a computer or smartphone, when you visit a website. Cookies can be recognised by the website that downloaded them, or by other websites that use the same cookies. This helps a website know if the browsing device has visited that or other websites before.
Cookies can be used to collect information relating to your use of a website or your device, let you navigate between pages effectively, help to remember your preferences and generally improve your browsing experience.
Cookies can be session or persistent cookies. Session cookies are temporary and only stay on your browser until you stop browsing. Persistent cookies stay on your device until they expire or are deleted.
The cookies used on ClearPoint’s website may be first party cookies (i.e. set by ClearPoint) or third party cookies (i.e. cookies set on ClearPoint’s website by a person other than ClearPoint). The third party companies that place cookies on ClearPoint’s website will have their own privacy policies.
WHAT TYPES OF COOKIES DOES CLEARPOINT USE
The types of cookies used by ClearPoint, and most websites, can generally be categorised as follows.
STRICTLY NECESSARY COOKIES
These cookies are essential for the full functionality of ClearPoint’s website and related services and products. They enable you to navigate around ClearPoint’s website and services and products, and use their features, e.g. accessing secure areas and enabling services and products that you have asked to receive. If you opt out of these cookies, you may not be able to access all the functions of ClearPoint’s website, and some services and products, that you have asked to receive.
These cookies do not track where else you have been on the internet and do not remember your preferences beyond your current visit. These cookies are generally first party session cookies which will expire when you close your browsing session. These cookies do not collect information that could be used for marketing purposes.
Functionality cookies
These cookies allow a website to remember choices you make and provide enhanced, more personal features. E.g. these cookies allow ClearPoint to remember the settings you have applied to the website (such as font size, preferences or colours), identify whether you are a returning website visitor and present you with a personalised version of the website, or eliminate the need for you to re-enter your login details. The information these cookies collect is generally anonymous and they do not track your browsing activity on other websites. These cookies may be first or third party, session or persistent cookies.
Performance cookies
These cookies collect information about how you use a website, e.g. which pages are the most visited and if you receive any error message from any page. This information helps ClearPoint improve the way ClearPoint’s website and related services and products work, and helps ClearPoint manage the performance and design of the website and services and products. These cookies do not gather information that identifies you. All of the information these cookies collect is aggregated and anonymous. These cookies may be first or third party, session or persistent cookies.
GOOGLE COOKIES
ClearPoint use Google Analytics to collect information about visitors to its website. Google Analytics collects information related to your device, browser, IP address, network location, and website activities to measure and report statistics about your interactions on ClearPoint’s website. We use this information to help us manage the performance and design of ClearPoint’s website and to improve the website.
ClearPoint uses Google Analytics Advertising Features, including Remarketing with Analytics, Demographic and Interests reporting in Analytics, Campaign Manager integration (formerly known as DoubleClick), Display & Video 360 integration, Google Display Network (GDN) Impression Reporting and Segments. ClearPoint may also use Google Ads from time to time.
For further information on how Google uses your personal information when you use ClearPoint’s website and how to opt out of Google’s use of cookies, see here. In addition to the process described in this link, you can opt out using the process described below.
HOW TO CONTROL OR OPT OUT OF COOKIES
You can control and/or delete cookies as you wish. You can delete all cookies that are already on your computer and you can set most browsers to prevent them from being placed. However, if you do this, you may have to manually adjust some preferences every time you visit ClearPoint’s website and attempt to use ClearPoint’s services and products, you may not be able to access certain parts of ClearPoint’s website or services and products, and some functionalities may not work.
You can find out more information about how to change your browser cookie settings at www.aboutcookies.org.uk.
To learn more about how to control cookie settings through your browser:
- click here to learn more about the Private Browsing setting and managing cookie settings in Firefox
- click here to learn more about Incognito and managing cookie settings in Chrome
- click here to learn more about InPrivate and managing cookie settings in Internet Explorer
- click here to learn more about Private Browsing and managing cookie settings in Safari.
THIRD PARTY WEBSITE COOKIES
If you follow a link on ClearPoint’s website to another website, the owner of that website will have its own cookies. ClearPoint suggests you review that website’s cookie policy before you visit that website.