Privacy Policy

1.             Overview

1.1           McGrath Ventures Limited (McGrath Ventures, we, us, or our) takes its obligations in relation to the privacy of your Personal Information seriously.

1.2           This Privacy Policy (Policy) applies to the use of our Site, and any Personal Information provided in connection with your use of the Site, and it provides information in relation to the basis upon which we collect, hold, use and disclose your Personal Information.

2.             Definitions

2.1           Definitions: For the purposes of this Policy:

Act means the New Zealand Privacy Act 2020.

App means any app that may be created and owned by McGrath Ventures, and which will provide access to the same or similar features as those provided on the Website.

Entity means a roadside stall, pick your own, back-shed workshop, garage sale, mobile shop, farm shop, market, from-home service and/or anything similar, in New Zealand, selling Goods and/or Services.

Goods means goods offered by an Entity, including but not limited to animal feed, coffee, crafts and boutique goods, dairy products, flowers, seedlings and plants, fruit, vegetables and nuts, manure/compost, pinecones/firewood and/or prepared food.

Map means the map on the Site containing all the Places.

Personal Information has the same meaning as in the Act, and it is information relating to an individual which can be used to identify that individual or which is linked to an identified individual.

Place means added details of an Entity made by a Subscriber to advertise the Goods and/or Services of that particular Entity at a specific location on the Map.

Services means services offered by an Entity, including but not limited to animal care, automotive, business services, catering and entertainment, childcare, cleaning, repairs and maintenance, creative services, experiences, hair and beauty, trades, tutoring and/or wellbeing and fitness.

Site means the Website and/or the App.

Subscriber means a user who has submitted information about a Place through the Join Passmebuy form on the Site, with the intent of placing the Place on the Map, and becoming a subscriber of Passmebuy.

User means a user who visits the Site and interacts with the following Site’s features, but has not become a subscriber of Passmebuy:

(a)            searching the Site;

(b)            viewing a Place;

(c)            getting directions to a Place;

(d)            marking a Place as a favourite;

(e)            sharing a Place outside of the Site; and/or

(f)             any other functionality of the Site.

Website means the website www.passmebuy.co.nz.

2.2           Interpretation: For the purposes of this Policy:

2.2.1       headings are for ease of reference only and will not be deemed to form any part of the context or affect the interpretation of this Policy;

2.2.2       another grammatical form of a defined word or expression has a corresponding meaning;

2.2.3       the singular includes the plural and vice versa;

2.2.4       “you” or “your” means a User and/or Subscriber as the case may be;

2.2.5       a reference to a statute is to a New Zealand statute and includes all regulations, orders, bylaws, codes and notices made under or pursuant to such a statute and includes references to all amendments to that statute whether by subsequent statute or statute passed in substitution for the statute; and

2.2.6       the use of the words including, includes and include followed by a list of items or matters do not in any way limit the generality of the subject matter which goes before them or to which they refer.

3.             Applicable Policy Terms

3.1           Use and disclosure of Personal Information collected from you is subject to the Policy in effect at the time such Personal Information is collected, unless otherwise agreed.

3.2           We will review this Policy from time to time to make sure it takes into account new laws and technology, and any changes to how we operate. 

3.3           Should we decide to change our Policy, we will post all changes on the Site so that you are always kept up to date.

4.             What Types Of Personal Information We Collect

4.1           To be able to access the functionality of our Site, we may collect the following Personal Information from you:

4.1.1       name;

4.1.2       physical address;

4.1.3       email address;

4.1.4       phone number;

4.1.5       bank account details;

4.1.6       business details; and

4.1.7       social media accounts, where you use these accounts to interact with or use the Site and the Personal Information on those accounts is publicly available.  All third party social media services are governed by the privacy policies and/or practices of the relevant third party, for which we are not responsible. If you do not want to provide Personal Information to any of those third parties, or make information publicly available, you should contact that third party directly.

4.2           Additionally, the Site may automatically log certain information, including IP addresses, browser type, sites you visited prior to visiting our Site, clicks and device identifiers.

5.             How We Collect Your Personal Information

5.1           We collect your Personal Information:

5.1.1       directly from you when you provide that Personal Information to us via our Site, through our subscription process or through any other contact with us;

5.1.2       through Stripe. We currently use Stripe to facilitate your payments. Stripe will provide or make available to us any Personal Information collected by them as required to enable us to confirm payment and provide the services you have requested. Any credit card details stored for payments are done so on the Stripe system. No credit card information is stored by us. Please read Stripe’s privacy policy, available here, to understand the ways in which they collect, hold, use and disclose Personal Information; and/or

5.1.3       through any other third parties where you have authorised this, or the Personal Information is publicly available.

6.             Why We Collect Your Personal Information

6.1           We may collect your Personal Information for the following reasons:

6.1.1       to verify your identity;

6.1.2       to bill you and collect money that you owe us, including authorising and processing credit card transactions;

6.1.3       to enable us to provide you with our services and optimise your experience as a User and/or Subscriber of our Site;

6.1.4       for you to be able to access the functionality of the Site;

6.1.5       for marketing our services and Site;

6.1.6       for marketing the Places;

6.1.7       to improve the services we provide to you;

6.1.8       to support the operation of the Site;

6.1.9       to improve the Site;

6.1.10    to support potential investment in McGrath Ventures;

6.1.11    to respond to communications from you;

6.1.12    to protect and/or enforce our legal rights and interests, including defending any claim for any other purpose authorised by you or the Act; and/or

6.1.13    for any other reason made known to you when collecting your Personal Information.

6.2           We will only use your Personal Information for the purpose for which it was provided or requested, or as otherwise permitted by clause 6.1 above.

7.             Who Do We Share Your Personal Information With

7.1           We may disclose your Personal Information to:

7.1.1       McGrath Ventures’ employees, owners, affiliates and/or professional advisers;

7.1.2       a third party that supports our services, including any third party that hosts and maintains any underlying IT system or data centre that we use to provide the Site and our services;

7.1.3       a third party to whom we may have arrangements for the purpose of promoting our business, for example marketing agencies and companies who may use your Personal Information to tailor electronic advertising to you (e.g. on a website or social media platform) in relation to our services;

7.1.4       a third party who can require us to supply your Personal Information (e.g. regulatory authority);

7.1.5       any other third party authorised by the Act or another law;

7.1.6       a third party for one or more of the purposes outlined in clause 6.1; and/or

7.1.7       any other third party authorised by you.

8.             How We Keep Your Personal Information Safe

8.1           The Act requires us to take reasonable steps to protect the security of the Personal Information we hold.

8.2           We use security measures on our Site and systems to help prevent and mitigate the loss, misuse, alteration of and unauthorised access to, Personal Information under our control. As part of this, our Site is subject to monitoring and analysis. This may include the monitoring and analysis of Personal Information about your use of, and information processed on, our Site.

8.3           No Personal Information will be shared with any third party in its raw form (other than via the delivery of our services and use of our Site) unless required by law, or consented by you.

8.4           The security measures that we take may be sourced from third party suppliers. If so, those third party suppliers will have access to monitoring and analysing information about our Site, as well as information processed on our Site.

9.             Internet And Third Party Links

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

9.2           If you follow a link on our Site to another site, the owner of that site will have its own privacy policy relating to our Personal Information. We suggest you review that site’s privacy policy before you provide any Personal Information.

10.          Cookies And Similar Technologies

10.1         Our Site may use cookies or similar technologies. A cookie is a small data file stored on a device with a web browser. It can contain information about your device, your IP address, your session, and the only activity on the Site of anyone using your device.

10.2         We currently use Google Analytics for analytics purposes. While Google is primarily collecting data on our behalf, it may also use the data which is collected for its legitimate business interests, including to improve its own services, and to maintain the security of its systems. To understand the ways that Google Analytics may use your Personal Information, please read its privacy policy available here.

10.3         We also use Facebook Pixel on the Site. This is a third party cookie that provides information about the webpages you view on the Site to Facebook to enable it to tailor advertising to you. For instance, this cookie enables us to remarket the listings on the Site to you when you are on other websites. The information is collected and held by Facebook. We can access analytical data and insights reports from Facebook in connection with the Personal Information collected with this cookie, which we use in accordance with this Policy. To understand the way Facebook manages your Personal Information, please read its policy available here. Facebook also provides more information about the Facebook Pixel here.

10.4         If you do not agree with the use of cookies, or would like to block some or all of the cookies on our Site, you can manually disable or reject the use of cookies through your internet browser.

10.5         If you disable or reject the use of cookies, some functionally on the Site may not be available.

11.          Access, Correction And Retention Of Your Personal Information

11.1 You agree that any Personal Information you give to us will be accurate, correct and up to date, and that when providing Personal Information about others, you are authorised to give such information to us.

11.2 You must inform us if any of your Personal Information changes, to ensure that the details we hold about you are up to date and correct. 

11.3 We will retain your Personal Information for as long as it is required to achieve the purposes of this Policy. We may also retain your Personal Information for as long as needed to manage backups of your Personal Information in accordance with our security practices, to be able to address any claim that might be made after you cease to be a User or Place User of our Site, or to meet any legal obligations we have to retain such information, including managing our obligations to you in respect of the functionality offered on our Site. Where we no longer require your Personal Information for a permitted purpose under the Act, we will take reasonable steps to return, delete or destroy it.

11.4 Subject to certain grounds for refusal set out in the Act and/or this Policy, you have the right to access, request correction, or request deletion of your Personal Information. Before we action such a request, we will need evidence to confirm that you are the individual to whom the Personal Information relates to or, if you are acting on behalf of someone else, that you have written permission to do so. 

11.5 If you would like to access your Personal Information, or request a correction or deletion, please contact us via our Contact us page on our Site, or via hello@passmebuy.co.nz. 

11.6 Once we have received a request, we will review and aim to respond to your request within 5 business days of receipt, although this may vary depending on the complexity of the request. 

11.7 If you request access to your Personal Information, we will provide you with a copy of the Personal Information we hold about you, subject to any limitations under the Act and/or this Policy. 

11.8 If you request correction or deletion of your Personal Information, we will review your request and correct or delete your Personal Information and send you confirmation of the same, unless we have any legitimate reasons to refuse to do so under the Act or as set out in this Policy.

11.9 If we refuse your request to access, correct or delete your Personal Information, we will clearly communicate the reasons for our decision in writing. This will include an explanation of why we are unable to fulfil your request, and any legal or Policy grounds for the refusal.

11.10 Reasons for refusing a request for access, correction or deletion of Personal Information includes but is not limited to: 

11.10.1 we cannot easily retrieve the requested information;

11.10.2 releasing the information could negatively affect someone’s physical or mental health, or pose serious threat to someone’s safety;

11.10.3 the information does not exist or cannot be found;

11.10.4 the information requested breaches another person’s Personal Information;

11.10.5 the information was given in confidence; and/or

11.10.6 the information is trivial, vexatious or frivolous.

11.11 For any questions regarding the process, or to follow up on your request, please contact us via our Contact us page on our Site, or via hello@passmebuy.co.nz.

11.12 If a dispute arises, and we cannot resolve it with you, then you may wish to contact the Office of the Privacy Commissioner on investigations@privacy.org.nz.