This Policy affects your legal rights and obligations so please read it carefully. If you have any questions, you can contact us.
1.1 If you register with us, you must provide the following information: your name and email address. If your employer has registered with us, you may still register to access the Site and/or Services and again you must provide us with your name and email address. You will then be provided with a password to access your account. You agree to keep confidential and not to disclose to any other individual or individuals the user name and password related to your Thematic account.
1.2 When you contact us by email or post or through our contact form, we may keep a record of the correspondence and we may also record any telephone call we have with you.
1.3 All personal data that you provide to us must be true, complete and accurate. You must not register under someone else’s name. If you provide us with inaccurate or false data, and we suspect or identify fraud, we will record this. In addition, we may search at fraud prevention agencies for information on you as part of our due diligence to ensure we comply with anti-money laundering legislation.
1.4 By submitting your personal information, you consent to the collection, use and transfer of your information in accordance with the terms of this Policy.
1.5 If you are 16 years old or younger you may not register on the Site. If we become aware that you are 16 years old or younger, we will remove your personal information from our records. By entering your details on the Site you are stating that you are 17 years old or older.
1.6 We do not store any of your financial information including billing and credit card information. Your financial information is processed by secure, third party services.
2.1 When you use our Site, we, or third parties on our behalf, automatically collect and store information about your device and your activities. This information could include (a) your computer or other device’s unique ID number; (b) technical information about your device such as type of device, web browser or operating system; (c) your preferences and settings such as time zone and language; and (d) statistical data about your browsing actions and patterns. We collect this information using cookies in accordance with paragraph 5 below and we use the information we collect on an anonymous basis to improve our Site and the Services, and for analytical and research purposes including to produce reports, statistics and analysis of the types of people who access our Site.
3.1 You agree that we may lawfully process your personal data to perform our contractual obligations to you, including where you have a subscription the Services, to provide you access to the Service.
3.2 We may also use your personal data for our legitimate interests, including maintaining contact with you for your views on the Site, contact you with updates relating to the Services and other products and services we provide, account management including account verification, dealing with any customer services you require, for regulatory and legal purposes (for example anti-money laundering), for audit purposes and to contact you about changes to this Policy and/or our service agreement.
4.1 We may share your personal data with any service providers, sub-contractors and agents that we may appoint to perform functions on our behalf and in accordance with our instructions, including payment providers, IT service providers, accountants, auditors and lawyers.
4.2 Under certain circumstances we may have to disclose your personal data under applicable laws and/or regulations, for example, as part of anti-money laundering processes or protect a third party’s rights, property, or safety or to enforce our service agreement.
4.3 We may also share your personal data in connection with, or during negotiations of, any merger, sale of assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or into another company.
4.4 Some or all of your personal data may be stored or transferred outside of the European Union (the EU) for any reason, including for example, if our email server is located in a country outside the EU or if any of our service providers are based outside of the EU. We shall only transfer your personal data to organisations that have provided adequate safeguards in respect of your personal data. These measures include Binding Corporate Rules, the European Commission approved transfer mechanisms for transfers to third parties in countries which have not been deemed to provide an adequate level of data protection as well as any additional local legal requirements.
5.1 We use the term “cookies” to refer to cookies and other similar technologies covered by the EU Directive on privacy in electronic communications.
5.2 Cookies are small data files that your browser places on your computer or device. Cookies help your browser navigate a website and the cookies themselves cannot collect any information stored on your computer or your files. When a server uses a web browser to read cookies they can help a website deliver a more user-friendly service. To protect your privacy, your browser only gives a website access to the cookies it has already sent to you.
5.4 Some of the cookies we use are session cookies and only last until you close your browser, others are persistent cookies which are stored on your computer for longer.
6.1 We shall process your personal data in a manner that ensures appropriate security of the personal data, including protection against unauthorized or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures. All information you provide to us is stored on our secure servers.
6.2 Where we have given, or you have chosen a password, you are responsible for keeping this password confidential.
6.3 However, you acknowledge that no system can be completely secure. Therefore, although we take these steps to secure your personal data, we do not promise that your personal data will always remain completely secure.
7.1 You have the right to obtain from us a copy of the personal data that we hold for you, and to require us to correct errors in the personal data if it is inaccurate or incomplete. You also have the right at any time to require that we delete your personal data. To exercise these rights, or any other rights you may have under applicable laws, you can contact us.
7.2 We reserve the right to charge an administrative fee if your request is manifestly unfounded or excessive.
7.3 If you have any complaints in relation to this Policy or otherwise in relation to our processing of your personal data, please contact us.
8.1 Except where we are required to retain your personal data for accounting or taxation purposes, we will retain your personal data for as long as you remain a user of the Service and for 3 months after you cease to be a user for audit purposes and to respond to any queries you have about your account.
8.2 We shall retain your email address until you opt out of receiving such communications by contacting us or clicking unsubscribe from a marketing email.
8.3 If you otherwise contacted us with a question or comment, we shall retain your personal data for 3 months following such contact to respond to any further queries you might have.
8.4 If we have received your personal data from a Thematic client, we shall retain that personal data in accordance with the instructions we receive from the Thematic client.
9.1 If any provision of this Policy is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force and effect.
9.2 This Policy shall be governed by and construed in accordance with the law of New Zealand and you agree to submit to the exclusive jurisdiction of the New Zealand Courts.
Any changes to this Policy in the future will be posted to the site and, where appropriate, through e-mail notification. Please ensure that you are kept up-to-date with any such changes. By using the Service or accessing the Site You agreed to be bound by the most up-to-date version of this Policy.