PRIVACY POLICY

PURPOSE OF THIS PRIVACY POLICY  

This privacy policy aims to give you information on how Momentum collects and processes your personal information through your use of our website or any of our services.

Our website and services are not intended for children and we do not knowingly collect information relating to children.

It is important that you read this privacy policy together with any other privacy policy or fair processing policy we may provide on specific occasions when we are collecting or processing personal information about you so that you are fully aware of how and why we are using your information. This privacy policy supplements other notices and privacy policies and is not intended to override them.

CONTROLLER  

Momentum Consulting is the controller and responsible for your personal information (collectively referred to as “Momentum” “we”, “us” or “our” in this privacy policy).

We have appointed a Privacy Officer who is responsible for overseeing questions in relation to this privacy policy. If you have any questions about this privacy policy, including any requests to exercise Your Legal Rights (see the section below), please contact the Privacy Officer using the details set out below.

CONTACT DETAILS  

If you have any questions about this privacy policy or our privacy practices, please contact our Privacy Officer in the following ways:

Full name of legal entity: Momentum Consulting Group

Email address: jobswellington@momentum.co.nz

Postal address: Level 8, 40 Mercer Street, Wellington, 6011

If you are not happy with how we are processing your personal data, please let us know by contacting us. We will review and investigate your complaint, and try to get back to you within a reasonable time frame.

You have the right to make a complaint at any time to the Privacy Commissioner, the New Zealand supervisory authority for privacy protection issues (https://www.privacy.org.nz/).

CHANGES TO THE PRIVACY POLICY AND YOUR DUTY TO INFORM US OF CHANGES  

We keep our privacy policy under regular review. This version was last updated on 28th August 2018.

It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during your relationship with us.

THIRD-PARTY LINKS  

Our website may include links to third-party websites (such as Flexitime), plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share information about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy policy of every website you visit.

Personal information, means any information about an individual from which that person can be identified. It does not include information where the identity has been removed (anonymous information).

We may collect, use, store and transfer different kinds of personal information about you which we have grouped together as follows:

• Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
• Candidate Data includes educational qualifications, current employment details, job and life histories, residency and/or citizenship, whether you hold a driving licence, any convictions (charged or pending), medical conditions, leisure activities and other details not specifically or directly related to employment history but required for the purposes of providing recruitment services.
• Contact Data includes billing address, email address and telephone numbers.
• Financial Data includes IRD number, GST number, company details (if relevant) bank account and payment card details.
• Transaction Data includes details about payments to and from you and other details of services you have purchased from us.
• Technical Data includes internet protocol (IP) address, your login information, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access our website.
• Profile Data includes your username and password, orders for services made by you, your interests, preferences, feedback and survey responses.
• Usage Data includes information about how you use our website and services.
• Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

We also collect, use and share aggregated data such as statistical or demographic information for any purpose. Aggregated data could be derived from your personal information but is not considered personal information in law as this information will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect aggregated data with your personal information so that it can directly or indirectly identify you, we treat the combined information as personal information which will be used in accordance with this privacy policy.

SENSITIVE INFORMATION OPTIONS

We may collect special categories of personal information about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric information). We may also collect information about criminal convictions and offences.

If you provide us with special category information, we will take this to mean that you consent to us retaining your special category information and using it, as required, for the above purposes set out in section 4 below.

If you are a job candidate, you also consent to us disclosing certain types of special category information, such as your membership of professional or trade associations or health information, as relevant to a particular job opportunity, to the third parties outlined in section 5.

If you do not want us to disclose your special category information please contact us immediately to inform us.

IF YOU FAIL TO PROVIDE PERSONAL DATA  

Where we need to collect personal information by law, or under the terms of a contract we have with you, and you fail to provide that information when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with recruitment services). In this case, we may have to terminate services we are providing to you, but we will notify you if this is the case at the time.

We use different methods to collect information from and about you including through:

• Direct interactions: You may give us your personal information by filling in forms or by corresponding with us by post, phone, email or otherwise (including linking your Linkedin information to a submission). This includes personal information you provide when you:
• submit information as job candidate;
• submit an application through a job seeker website (such as Seek);
• create an account on our website;
• subscribe to or purchase our services;
• request marketing to be sent to you; or
• give us feedback or contact us.
• Automated technologies or interactions: As you interact with our website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal information by using cookies and other similar technologies. For further details on cookies see the notes in section 4.
• Third Parties: We will, wherever possible, collect information directly from you. If you are a potential job candidate, we may with your consent, obtain references and referrals from your current/former employees or other referees. Where you provide the names and contact details of referees in your resume or in response to our request for them, you consent to use contacting those persons and collecting any personal information from them that they provide. Where you provide us with names and contact details of former employers or referees you must have obtained the consent of those persons for their personal information to be provided to us for the purpose of obtaining references.

We will only use your personal information when the law allows us to. Most commonly, we will use your personal information in the following circumstances:

• Where you have consented to us using your personal information.
• Where we need to perform services (including recruitment services) under a contract we are about to enter into or have entered into with you.
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
• Where we need to comply with a legal obligation.

PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA  

We have set out below, in a table format, a description of all the ways we plan to use your personal information, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal information for more than one lawful ground depending on the specific purpose for which we are using your information. Please contact us if you need details about the specific legal ground we are relying on to process your personal information where more than one ground has been set out in the table below.

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In relation to the lawful basis for processing personal information:

• Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best services and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal information for our legitimate interests. We do not use your personal information for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
• Performance of Contract means processing your information where it is necessary for the performance of a contract (such as providing you with recruitment services) to which you are a party or to take steps at your request before entering into such a contract.
• Comply with a legal obligation means processing your personal information where it is necessary for compliance with a legal obligation that we are subject to.

PROMOTIONAL OFFERS FROM US  

We may use your Identity, Candidate, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you.

You will receive marketing communications from us if you have requested information from us or purchased services from us and you have not opted out of receiving that marketing.

THIRD-PARTY MARKETING  

We will get your express opt-in consent before we share your personal information with any third party for marketing purposes.

OPTING OUT  

You can opt out of receiving electronic marketing messages from us or a third party at any time by contacting the sender, or by using the unsubscribe facility contained in the relevant messages.

Where you opt out of receiving these marketing messages, this will not apply to personal information provided to us as a result of the use of our services.

COOKIES  

Cookies are small text files on your device.  They are made by your web-browser when you visit a website.  Every time you go back to that website, your browser will send the cookie file back to our website’s server. We may use cookies on our website to help us remember the information you enter, by passing a unique identification between your device and the website that identifies you.  This means that as you use the website we can relay any information you have entered earlier back to you at a later time.

Other cookies and authentication tokens may be used to help us tailor services or to deliver information to you that may be more relevant or interesting to you.  We may use automated devices and applications to evaluate usage of our website. We use these tools to help us improve our website’s performance and user experiences.

Where cookies hold any personal information, those cookies will be handled in accordance with this privacy policy.

If you choose to disable or block cookies, parts of our website may not function as intended, or at all.  Cookies can be disabled or blocked through your browser settings.

CHANGE OF PURPOSE  

We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

We may share your personal information with the parties set out below for the purposes set out in the section 4 above.

• Other companies in the Momentum Group acting as joint controllers or processors;
• Service providers acting as processors, based in New Zealand or overseas who provide IT and system administration services.
• Professional advisers acting as processors, including lawyers, bankers, auditors and insurers based in in New Zealand or overseas who provide consultancy, banking, legal, insurance and accounting services.
• Any government department, regulators and other authorities based in New Zealand or overseas who we are legally required to provide your personal information to, or who require reporting of processing activities in certain circumstances.
• Where you are a job candidate:
• our clients for a potential position for you, with the your consent;
• referees and former employers nominated by you for the purpose of obtaining references;
• any consultants, who perform recruitment services on our behalf; and
• Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal information in the same way as set out in this privacy policy.

We require all third parties to respect the security of your personal information and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal information for their own purposes and only permit them to process your personal information for specified purposes and in accordance with our instructions.

We may share your personal information with third parties, or use third party services, which involves transferring your information outside New Zealand.

Whenever we transfer your personal information out of the New Zealand, we ensure a similar degree of protection is afforded that personal data (such as adequate laws in the relevant overseas country, or by entering into contractual data protection terms).

We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal information breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

HOW LONG WILL YOU USE MY PERSONAL DATA FOR? 

We will only retain your personal information for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal information for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for personal information, we consider the amount, nature and sensitivity of the personal information, the potential risk of harm from unauthorised use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

Under certain circumstances, you have rights under information protection laws in relation to your personal information. These are outlined below.

Request access to your personal information. This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.

Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected, though we may need to verify the accuracy of the new information you provide to us.

Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal information to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal information for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal information. This enables you to ask us to suspend the processing of your personal information in the following scenarios:

• If you want us to establish the information’s accuracy.
• Where our use of the information is unlawful but you do not want us to erase it.
• Where you need us to hold the information even if we no longer require it as you need it to establish, exercise or defend legal claims.
• You have objected to our use of your information but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal information to you or to a third party. We will provide to you, or a third party you have chosen, your personal information in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal information. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise any of the rights set out above, please contact us.

NO FEE USUALLY REQUIRED  

You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

WHAT WE MAY NEED FROM YOU  

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal information (or to exercise any of your other rights). This is a security measure to ensure that personal information is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

TIME LIMIT TO RESPOND  

We try to respond to all legitimate requests within 20 working days. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

By signing this declaration, you are stating all information you have provided to Momentum Consulting Group encompassing Momentum, and any other subsidiaries, is true and accurate in every way and you have not omitted any information that would affect an employer’s decision to employ you.

You also consent to the disclosure and use of your personal information by Momentum Consulting Group or its nominated representatives and authorise them to make reasonable enquiries to ascertain the veracity of any information provided to Momentum Consulting Group, including performing background checks on the following:

• Details of previous traffic and criminal convictions
• Confirmation of identity
• Employment history
• Educational qualifications, training, memberships and affiliations
• Credit profile including an alias search
• Referees as to character and suitability for employment
• Work permit status (if applicable)

The information may be collected from any sources that hold information as above, that may be relevant to your application and potential employment, including, but not limited to credit agencies, current and previous employers and individuals and organisations with which you are or have been associated. You hereby release liability all persons or entities requesting or supplying such information. You furthermore consent to receiving communications from us via your contact details.

Privacy

Under the provisions of the Privacy Act 1993, you have the right to access and request the correction of information held by us concerning you. We will retain all information for future vacancies (permanent or contract). Should you wish Momentum Consulting Group to delete the information from our database we must require written notification to do so.