Legal

The Northern Group BOP Limited (NZBN: 9429051604592) [The Northern Group”, we, our, us”] and its associated companies respect your right to privacy, and we are committed to protecting the privacy of individuals who deal with us.

Your use of our website and its services (including social media) is conditional upon your agreement to these terms of use. If you use our website or services, we will assume you have accepted these terms. We may revise these terms of use from time to time. The updated terms will appear on this website.

The information available on or through this website is intended to provide general information to the public. We may change, delete, add to, or otherwise amend information contained on this website at any time without notice.

Although we have taken all reasonable measures to ensure the quality and accuracy of the information on our website, we make no warranty, express or implied, nor assume any legal liability or responsibility for the accuracy, correctness, completeness, or use of any such information, nor represent that its use would not infringe on privately owned rights.

You may access third party content via links to other websites from this website or through use of our social media (including retweets, @mention, our following of individuals or organisations on social media or our reposting of information by other social media users). We neither endorse the information, content, presentation, or accuracy of such third party content nor make any warranty, express or implied, regarding such information. We do not accept liability for the accuracy of content or information of any third party website or content you may access via URL path or hyperlink from our website or our social media.

Nothing contained on this website is, or shall be relied on as, a promise or representation as to the past or future by us.

The content of this website should not be construed as legal, business or tax advice, and we recommend users of this website should take advice from a qualified professional before undertaking any action following information received from this website.

Any reference to any specific commercial product, process or service by trade name, trademark, manufacture or otherwise does not constitute an endorsement, recommendation or favouring by us.

Each page on this website must be read in conjunction with this disclaimer and any other disclaimer that forms part of it.

To the extent permitted by law, we exclude all warranties, conditions, and representations whether express, implied, statutory, or otherwise, relating in any way to this website, your use of this website, and the information, products, and services supplied, offered to be supplied or advertised or accessed through this website. We also exclude, to the extent permitted by law, liability (including for negligence) to you or anyone else in respect of any loss or damage (including special, indirect, or consequential loss or damage), costs and expenses suffered by you or claims made against you arising from or in connection with any use of the information, products or services supplied, offered to be supplied or advertised or accessed through this website for any reason whatsoever (including negligence).
In the event that terms, conditions, or warranties are implied by law and cannot be excluded, then those terms conditions or warranties are included however our liability is limited at our option to one or more of the following. In the case of the supply of goods:

a) the replacement of the goods or the supply of equivalent goods;
b) the payment of the cost of replacement of the goods or the supply of equivalent goods; or
c) the repair of the goods or payment of the cost of repair of goods; and
d) in the case of the services, supplying the services again or paying the cost of supplying the services again.

Indemnity
You agree to indemnify us and our partners, agents, officers, employees, and other authorised representatives against all claims, suits, demands, damages, liabilities, costs or expenses arising in any way out of or in any way connected to your use of this website.

Termination
If in our reasonable opinion, you fail to comply with any of these terms and conditions of use of this website, we may terminate or limit your access to this website if possible.

Governing Law
Any legal issues arising out of the use of this website will be governed by the laws of New Zealand and by using this website you submit to the exclusive jurisdiction of the courts.

All contents of this website, including the software, design, text, and graphics are owned by us or licensed to The Northern Group BOP. LIMITED (its associated companies) and are protected by copyright under the laws of New Zealand and other countries. Apart from fair dealing for personal use, private study, research, criticism, or review as permitted under copyright legislation, you may not reproduce, transmit, adapt, distribute, sell, modify or publish, or otherwise use any of the material on this website without our prior written consent.

Unless otherwise stated, the information available on or through this website is protected by copyright. Where any material from this site is used in any context, it must be sourced to our website, and the date of publication must be stated.

Requests and inquiries concerning the reproduction of information on this website for any purpose other than personal or in-house use should be directed to us.

For convenience and informational purposes only, this website provides links to other websites. These other sites may contain information that is the copyright of third parties and subject to restrictions on reuse. Permission to use copyrighted materials from other websites must be obtained from the copyright owner and cannot be obtained from us.

The purpose of this Privacy Policy is to inform our clients and any users of our digital platforms about how we comply with the requirements of the New Zealand Privacy Act 2020 (“the Privacy Act”) in managing Personal Information.

Personal Information is defined in the Privacy Act as information about an identifiable individual (a natural person as opposed to a company or other legal entity).

This Privacy Policy tells you how we manage your Personal Information that we collect and hold for you. In this policy we seek to allay any concerns you may have about how we handle your Personal Information by clearly setting out:

• Types of Personal Information we collect from you
• How we collect and hold it
• How we use and disclose it
• How we keep it secure
• How you may access and correct it
• How we will deal with a privacy complaint you make
• How you can contact us

This Privacy Policy applies to The Northern Group BOP LIMITED but not to other organisations or websites to which we are linked. It covers Personal Information collected, held, used and disclosed by The Northern Group BOP LIMITED in relation to:

• prospective or actual vendors and purchasers
• prospective or actual landlords and tenants
• visitors to our website
• our suppliers/independent contractors
• recruitment [but not existing employees]

Access to this Website
Welcome to our website. In accessing and using this website, you acknowledge that you have read, understood, and agree to be bound by its terms and conditions.

About this Website
On this website, we provide an interactive environment in which users who are interested in learning about our property services or registering interest in our property services may find such information and, if they choose to do so, register their interest.

Your obligations
If you are not over the age of 18 years, you must obtain the consent of your parent or guardian before using this website.

You must not:
a) use any other person’s name when accessing or using this website, unless it is with consent;
b) post or transmit any material which in any way defames, harasses, or offends any person, is obscene, or which in any way may interfere with any other users of this website;
c) provide any information to us which is confidential information or proprietary information of any other person;
d) use this website in any way which may be in breach of any laws, rules, or regulations or may infringe any third party rights; or
e) knowingly transmit any virus or take any action which may interfere with the operation of this website.

Third Party Content, Products, and Services
Products and services offered for sale or advertised, and other information found on this website may be the products, services, and information of third parties. Third party products and services are not provided by us. If you purchase third party products and services, your legal relationship will be with the third party supplier and not us. You must check with any third party supplier as to the terms of the provision of such products and services and the costs and charges involved. We may receive fees or commissions from third parties for such products and services. We make no representations about the accuracy or suitability of the information provided on this website. The information is provided ‘as is’ without express or implied warranty. You use the information at your own risk.

Links
This website may contain links to other websites which are not under our control, or which are not maintained by us. The links to any such third party websites are provided for your convenience and information only. If you access these websites, you do so at your own risk.

We are not responsible for the content of those websites and will not be liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use or your reliance on any such content. The fact that a website is linked to this website does not imply any endorsement or sponsorship by us of that website or that we are affiliated in any way with the third party operating that third party website.

Change of Information, Products, and Services
Information, products, and services published on this website are subject to change without notice.

Information provided to us
You may at your discretion provide information to us to receive information about us, the products or services displayed on this website, to receive information relating to our property services and listings, or to be involved in promotions or other activities undertaken by us. If you do so, you agree that any such information becomes our property and may be used by us or others, reproduced, published, transmitted, displayed modified, or distributed at our discretion, subject to our obligations under our Privacy Statement.

This privacy statement explains how we collect, store, use and share your Personal Information collected through our website. We observe the Privacy Act 2020. We are committed to the protection of personal privacy and have adopted a policy to protect information about individuals. This privacy statement describes the information we collect on this website, how we use that information, how that information may be disclosed, the security of that information, how you can access and correct any such information and other relevant details concerning your privacy.

1. Collection of Personal Information
We will generally collect Personal Information from you in person, over the phone, from an enquiry you make from our website, or a third party website, or from an email you send to us.

We don’t collect your Personal Information unless we need it for any of our stated purposes or otherwise where we first obtain your consent.
In some circumstances, you may choose not to give us your Personal Information or to deal with us anonymously or using a pseudonym. However, this may mean that we are unable to carry out the services requested by you.

If it is not obvious that we are collecting Personal Information from you, we will do our best to make it clear to you so that you are always aware when information is being collected.

Generally, the types of Personal Information we collect and hold include your:

• Name
• Contact details (such as your email address, postal address, phone number)
• Details relating to any service offered by us
• Details of your enquiry
• Details of any preferences you tell us about (such as your price range to purchase property).
• We may also collect Personal Information about you from:
  • Publicly available sources e.g., via the internet
  • Your professional advisers e.g., your Solicitor or your Accountant

We collect your Personal Information from the above parties (other than publicly available sources) where we have received your express consent to do so. We are not responsible for the privacy or security practices of the above parties and the parties described above are not covered by this Privacy Policy.

The type of Personal Information we collect from you may depend on the purpose for which you interact with us, for example:

For prospective and actual purchasers – we will capture your Personal Information when you first approach us expressing your interest to buy a property. Personal Information may be collected from you at an Open for Inspection of a property. If you attend an auction and are the successful bidder, or if you purchase a property through the private sale process, your Personal Information will be recorded in the contract of sale provided to the vendor with copies retained by us.

For prospective and actual vendors – we will capture your Personal Information when we undertake an appraisal of your property, when you sign an Authority to Sell document, in sale documentation and during the course of the sale process.

For recruitment – If you apply to us for employment, in addition to your full name and contact details you will need to provide information to us about your education, employment history, and other information to support your application. You will be asked to provide references from past employers or relevant referees. Your application will constitute your express consent to our use of this information to assess your application and to allow us to carry out any monitoring activities, which may be required of us under applicable law as an employer.

For website users – see the section below on website privacy.

All Personal Information and documentation for the above categories of people are stored in physical files [stored securely]; hard drive [secured server]; email [secured server]; our client relationship database [secured server] and client management system/database [secured server].

We operate our website found at www.thenortherngroup.co.nz (our website).

Our website may record information collected when you visit our website. The information recorded may include the date and time of your visit, the pages accessed, any information downloaded, and any information and details that you enter for the purpose of contacting us for any reason. We may use information collected via our website for statistical, reporting and website administration and maintenance purposes.

Our website may use ‘cookies’ to help personalise your online experience. You have the ability to accept or decline cookies. If you choose to decline cookies, you may not be able to fully experience the features of our website.

You may provide Personal Information to us to receive information about products or services offered through this website, to purchase such products and services, to receive newsletters or become involved in promotions or other initiatives commenced by us. This Personal Information may include details such as your name, age, gender, contact information, products and services you are interested in or require more information about. If you purchase or request products and services from us we may also request your preferences for receiving further marketing or promotional material.

We require some of this information to provide services to you, as indicated by mandatory fields on some forms. For non-mandatory fields, the choice of how much information you provide to us is yours. We seek this information to process your request for information and provide that information to you, to improve the quality of our products and services and to assist you to determine which products and services best meet your needs.

We may also collect and store information about your visit to this website, including:

• the name of the domain from which you accessed the internet;
• the date and time you accessed the website;
• the internet address of the website from which you linked directly to the website; and
• the pages you accessed while visiting the website

This information does not in itself identify individuals and is used to measure the number of visitors to the website and how it was navigated. This information assists us to make the website more useful to you.

We also collect information from subscribers (persons registering their details with us through the website) or website visitors for the purpose of improving our quality and effectiveness and to provide you with information. We welcome feedback from you about all aspects of this website. We store feedback that users send to us. This feedback is used to administer and refine our service. We may also use the information to improve or promote this site. We will not publish your name in connection with any information you provide without your permission.

We use Flodesk, an email marketing service, to manage our mailing list. When you subscribe to our mailing list, you consent to Flodesk collecting your email address on our behalf. Flodesk also receives information from cookies about your use of the website (including your IP address). We recommend that you read Flodesk's privacy policy, which is available at https://flodesk.com/legal/privacy-policy. Flodesk is based in the United States, so your information will be transmitted to and stored on servers located outside New Zealand.

We participate in social media such as Instagram, Facebook and our website blog. If we think it is relevant to the quality of service that we provide, we may record the essence of any topic discussed by a particular individual and their name and may contact them.

Social media services also handle your Personal Information for their own purposes. These sites have their own privacy policies.

2. How do we use your Personal Information?
The Personal Information obtained from this website is used, where you have so requested:

• to provide products and services to you; and
• to provide you with information, newsletters or other communications; and
• to involve you in promotions and other initiatives undertaken by us.

Some of the uses of the information described above may be provided by third parties, who are authorised to use this Personal Information for these purposes. This may include us or third parties who may be better placed to assist with your particular inquiries.

We may use your Personal Information for direct marketing or promotional activities. Whenever we undertake such activities, you will be provided with an opportunity to decline to receive any further communications from us.

Information collected from this website may also be used to determine demographic and usage patterns. Personal identification information is not used for this purpose. This anonymous information is then used to better develop and tailor this website and our products and services for our customers and potential customers. This non-Personal Information may be passed on to third parties.

Other than for the purposes described above, we will not use your Personal Information without your prior consent. The only exception to this is where we are required or authorised by law or where we have a public duty to do so, or are permitted to disclose the information under the Privacy Act 2020.

3. Security of your information
Keeping secure our client and other stakeholders’ Personal Information is fundamental tenet of our business. We take and will continue to take active measures to ensure your Personal Information that we hold is kept secure and to actively consider whether we are able to retain or should securely dispose of Personal Information.

We will take reasonable steps to protect Personal Information from misuse, interference and loss, as well as unauthorised access, modification or disclosure. . For example, your Personal Information is maintained in a secure environment which can be accessed only by authorised personnel.

We will securely destroy of de-identify the Personal Information we hold once the information is no longer needed for any purpose for which the information may be used or disclosed under privacy laws. An exception is where information must be retained by law or a court/tribunal order.

All completed real estate related files are archived is secure storage for a period of at least 7 years, after which time it will be securely destroyed. Physical files are held in secured off-site storage and electronic files are securely archived for a period of at least 7 years after which time they will be permanently from our system.

We will retain your contact details in our client relationship management database, until you ask us to remove them or we are required by law to do so.

We have taken appropriate security safeguards and measures to protect Personal Information, which has included taking steps and implementing strategies to manage: governance; ICT security; data breaches; physical security; personnel security and training, relevant workplace policies; careful handling of Personal Information throughout its life cycle, regular monitoring and review of security systems.

We use third party service providers to store and process most of the information we collect. We use cloud servers located in New Zealand. We ensure that our cloud-based service providers are subject to appropriate security and information handling arrangements and that the information stored or processed by them remains subject to confidentiality obligations.

However, no data transmission over the internet or information stored on servers accessible through the internet can be guaranteed to be fully secure. These activities are undertaken at your own risk.

While we make every effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third party “hackers” from illegally obtaining this information. You can help us to keep your information secure. Please remember that any user name or password in relation to our website is personal to you and should not be made available to any other person. You should stop using your username and password and notify us immediately if you suspect that someone else may be using them. This will help prevent the unauthorised disclosure of your Personal Information.

4. Disclosure of Personal Information

Personal information collected through this website is not disclosed or passed on to third parties unless it is in accordance with this privacy statement. Information may be provided to third parties where any functions or services are being outsourced or you would reasonably expect us to disclose it to a third party for a particular purpose.

Your Personal Information may be used by us for the purpose of providing advice and services to you and may also be used by agencies such as, but not limited to:

• Any out-sourced service provider who assists in the services we are required to carry out such as auditors and external compliance reviewers;
• Our external dispute resolution service;
• The Regulator;
• Credit reporting and debt collecting organisations;

We may otherwise disclose your Personal Information where:

• It is necessary to enable us to achieve the purpose that we collected the information for;
• We are required or authorised by law or where we have a public duty to do so;
• You have expressly consented to the disclosure or your consent can be reasonably inferred from the circumstances; or
• We are permitted to disclose the information under the Privacy Act 2020.

We will not disclose your Personal Information in circumstances other than those described above without your prior consent. If we don’t need to share your information with a third party in order to provide advice and services to you, we will not pass on your information to them without your consent. Under no circumstances will we sell or receive payment for disclosing your Personal Information.

Mailchimp is based in the United States, so when you subscribe to our mailing list/newsletter, your information will be transmitted to and stored on servers located outside Australia.

There is a possibility that we may need to transfer your Personal Information to someone who is in a foreign country. However, we will only do so if we consider it necessary to provide our services to you; we have taken such steps as are reasonable in the circumstances to ensure that the information which is to be transferred will not be held, used or disclosed by the recipient of the information inconsistently with New Zealand Privacy laws; and we reasonably believe that the recipient of the information is subject to a law/binding scheme, which effectively overall upholds principles for protection of the information that are substantially similar to New Zealand Privacy laws, and there are mechanisms that an individual can access to take action to enforce that law or binding scheme. Where a foreign recipient is not subject to laws similar to the New Zealand Privacy laws, we will seek your express consent to transfer your Personal Information to that entity/person for a stated purpose. In the case of a lease or sale of real estate where the other party is located outside New Zealand, you consent to your Personal Information being disclosed to the foreign-located party where this is required for your relevant property lease/sale purpose.

5. Opt Out Procedure
In each direct marketing or promotional communication with you, we will advise you on how to notify us if you do not wish to receive any further communications from us. If our correspondence is in the form of an e-mail, we will attach simple instructions on how you can unsubscribe from our mailing list. In any event, you can opt out from receiving marketing or promotional material from us by e-mailing us or by contacting us by mail or telephone via the contact details set out on this website and asking to be removed from the mailing list.

You should note that by opting out of our mailing list, you will not automatically be removed from the mailing lists of:
a) The Northern Group BOP LIMITED (which is the entity that operates the website);
b) other The Northern Group BOP LIMITED members; or
c) business partners to whom we have forwarded your Personal Information because we do not have control over those mailing lists.
If you no longer wish to receive material from the national websites operated by The Northern Group BOP LIMITED, another The Northern Group BOP LIMITED member, or a business partner to whom we have forwarded your Personal Information, please follow their own opt out procedure as described on their website or in their marketing material.

6. Access and correction of Personal Information
You may request access to your Personal Information collected through this website at any time. Please send an email to the contact address shown on this website. If any information is incorrect, please advise us and we will update it where permitted.

If you ask us, we will usually give you access to the Personal Information we hold about you. We will need to confirm your identity before giving you access to your Personal Information.

There are some circumstances where we may not give you access to your Personal Information. For example, the information may involve an unwarranted breach of someone else’s privacy, or releasing it may pose a serious threat to someone’s safety.

There is generally no cost for accessing or correcting your Personal Information, unless the request is complex or resource intensive. If there is a charge, it will be reasonable and we will let you know what it is going to be so that you can agree to it before we go ahead.

Requests for access or correction should be forwarded to our Privacy Officer using the contact details on this website. We will ensure that all requests for access or correction are considered and determined within a reasonable period. This will ideally be within 30 days of receipt.

If you are not satisfied with our response to any privacy related concern you may lodge a complaint on the Privacy Office website (www.privacy.org.nz) or send a complaint form to the Privacy Commissioner at:

Office of the Privacy Commissioner
P O Box 10-094 Wellington 6143, New Zealand
Fax: 04- 474 7595 Email: enquiries@privacy.org.nz
Telephone: 0800 803 909
Website: www.privacy.org.nz

7. Links to other Websites
We are not responsible for the privacy practices or content of any other website that is linked to this website, including the websites operated by The Northern Group BOP LIMITED (and its associated companies) and the websites operated by other individual The Northern Group BOP LIMITED members.

We are not responsible for the privacy or security practices of those third party websites and the sites are not covered by this Privacy Policy. Third party websites should have their own privacy and security policies and we encourage you to read them. It is your responsibility to investigate the privacy policies of those other sites. We do not sponsor, recommend, or endorse anything contained on these linked websites. We do not accept any liability of any description for any loss suffered by you by relying on anything contained or not contained on these linked websites.

8. Changes to this Privacy Statement
This privacy policy may change from time to time, particularly as new rules, regulations, and industry codes are introduced.

9. How to contact us
If you have any concerns or questions, please contact us using the contact details on this website.

Thank you for taking the time to read our Privacy Statement.