This purpose of this policy is to:
This Policy applies to all staff, directors, representatives, and contractors of Mortgage and Insurance New Zealand Limited.
This policy has been prepared in consideration of the following laws and regulations:
Personal Information – is information about an identifiable individual as defined in the Privacy Act 2020 (the ‘Act”). This includes information about an individual whose identity is apparent, or can reasonably be ascertained, from the information.
This includes all personal information not publicly available; or information relating to a death that is maintained by the Registrar-General pursuant to the Births Deaths and Marriages Registration Act 1955 or any former Act that a reasonable person would agree should be accessed only on a ‘need to know’ basis.
This includes, but is not limited to:
Mortgage and Insurance New Zealand Limited Commitment
Mortgage and Insurance New Zealand Limited is committed to the safe guardianship and protection of personal information for staff and clients, and is bound by relevant laws in the collection, usage, storage, and disclosure of personal information. We do not sell personal information to any other organisation.
Our business is founded on trust and integrity. This includes being entrusted with sensitive information for staff and clients.
This policy outlines the ways in which Mortgage and Insurance New Zealand Limited endeavours to comply with these laws in the protection and safe keeping of personal information, from the types of personal information held to the purposes which personal information is collected, used, stored, disclosed, and disposed of.
What Information is Collected?
Personal information is collected in the course of Mortgage and Insurance New Zealand Limited conducting its business. Personal information is collected for those that are employed or work on behalf of Mortgage and Insurance New Zealand Limited along with Information collected from clients for the dominant purposes of the establishment, administration and maintenance of requested products and services.
What Type of General Personal Information is Collected?
Personal identifiable information MUST only be collected where it is ESSENTIAL, NECESSARY and RELEVANT to the services and products Mortgage and Insurance New Zealand Limited offers. If the information is not essential, necessary, or relevant then it should not be collected. The goal is to collect and use the least amount of identifying personal information possible.
This is information such as a person’s name, date of birth, contact details, address, income, asset and liabilities, employment details (including salary), criminal history, credit rating, financial statements, health details and statistical information (where relevant).
How is this Information Collected?
The collection of this information can be received either directly from the individual by way of completing forms, telephone correspondence and electronic or mail correspondence, or where permitted by the individual indirectly from a third party such as a client’s employer, or agent (lawyer, accountant, financial adviser).
Collecting Information from Children or Young People
When collecting identifiable personal information from children or young people we should consider whether the way we collect the information is fair in the circumstances. It may not be fair to collect information from children in the same manner as we would from an adult.
Unique identifiers should only be collected where the collecting of that unique identifier is essential. For example, an IRD number for the purpose of calculating tax.
Mortgage and Insurance New Zealand Limited must minimise the risk of any unique identifier being misused, by not using that identifier in any communications or reporting to members unless it is necessary. For example, annual tax statements must include the member’s IRD number. Minimising the use of unique identifiers should also be considered for any internal reporting, including reporting provided to auditors. Where unique identifiers are used, if possible (taking in considering any relevant legislation or otherwise) that identifier should be shown as truncated.
What type of sensitive personal information is collected?
This is information such as health records, insurance details, information about memberships with professional/trade associations, criminal records etc. The ways in which tax file numbers are used and stored are also restricted by law.
Like general personal information, sensitive personal information can be collected directly from the individual or indirectly from a third party. The individual will be informed if a third-party request is required and made aware if sensitive personal information is received and collected from a third-party source.
Sensitive information is treated with greater restrictions and with a higher degree of confidentiality. Sensitive information is required for the processing of death/sickness and disability insurance and to manage claims on these products. Sensitive information is used and disclosed for the purpose provided unless the customer agrees otherwise.
Personal information may be used to (amongst other things):
Disclosure of Personal Information:
Mortgage and Insurance New Zealand Limited has a duty to protect the confidentiality of the affairs of client and staff alike, which includes personal information. This duty applies except where disclosure of this personal information is by consent or compelled by law.
Property (Relationships) Act 1976
By the above law we are required to release information about a member’s interest in a superannuation fund in relation to the grounds of splitting superannuation due to the breakdown of marriage. For disclosure of this information all requests must be in writing and supplied with the correct form/documentation.
Identification of Callers
From time to time the rules that Mortgage and Insurance New Zealand Limited uses to determine the identity of a caller will change. It is essential that all Employees are made aware of the related procedures to ensure proper identification is made before:
Outsourcing and Cross-Border Disclosures
Personal information will be disclosed when certain functions are outsourced such as bulk mailing, statement production, and information technology support. Mortgage and Insurance New Zealand Limited has existing confidentiality agreements in place with all outsourcing parties.
Where information is sent to an organisation overseas, consistent with privacy principal 12 identifiable personal information can only be disclosed to that overseas organisation where the country of that organisation has similar legislative protections to the NZ Act. Whilst organisations can still choose to deal with overseas organisations that do not have similar legislative protections to the NZ Act, Mortgage and Insurance New Zealand Limited ’s policy is that it will only deal with overseas organisations that have similar legislative protections to the NZ Act.
Integrity of Personal Information
Mortgage and Insurance New Zealand Limited has a duty to protect the integrity of personal information and must take reasonable steps to ensure the personal information that Mortgage and Insurance New Zealand Limited collects, uses or discloses is, having regards to the use of the information and purpose of original disclosure, accurate, up to date, complete and relevant.
Correction of personal information
If Mortgage and Insurance New Zealand Limited holds personal information about an individual and:
Mortgage and Insurance New Zealand Limited must take such steps (if any) as are reasonable in the circumstances to correct that information to ensure that, having regard to the purpose for which it is held, the information is accurate, up to date, complete, relevant, and not misleading.
Notification of correction to third parties
If Mortgage and Insurance New Zealand Limited corrects personal information about an individual that Mortgage and Insurance New Zealand Limited previously disclosed to another organisation and the individual requests Mortgage and Insurance New Zealand Limited to notify the other organisation of the correction, Mortgage and Insurance New Zealand Limited must take such steps (if any) as are reasonable in the circumstances to give that notification unless it is impracticable or unlawful to do so.
Refusal to correct information.
If Mortgage and Insurance New Zealand Limited refuses to correct the personal information as requested by the individual, Mortgage and Insurance New Zealand Limited must give the individual a written notice that sets out:
Refusal to associate a statement.
If Mortgage and Insurance New Zealand Limited refuses to correct the personal information as requested by the individual and the individual requests Mortgage and Insurance New Zealand Limited to associate with the information a statement that the information is inaccurate, out of date, incomplete, irrelevant or misleading, Andre Paul Stokes must take steps as are reasonable in the circumstances to associate the statement in such a way that will make the statement apparent to users of the information.
Dealing with these requests
If a request is made Mortgage and Insurance New Zealand Limited must respond to the request within a reasonable period after the request is made and must not charge the individual for making this request, for correcting the personal information or for associating the statement with the personal information (as the case may be).
Personal information received may be stored in the form of:
Mortgage and Insurance New Zealand Limited is committed to the protection of any personal information held and must take such steps as are reasonable in the circumstances from misuse, interference, loss, unauthorised access, modification, or disclosure, illegally altered or destroyed.
If Mortgage and Insurance New Zealand Limited:
Mortgage and Insurance New Zealand Limited must take such steps as are reasonable in the circumstances to destroy the information or ensure that the information is de-identified.
To ensure the safe storage of Personal Information, Mortgage and Insurance New Zealand Limited may apply the following principles:
Mortgage and Insurance New Zealand Limited may be required to hold personal information for a specific period of time in accordance with applicable legislation and regulations. However, where it is considered that this information is no longer needed; all information will be removed and securely destroyed.
Irrespective of the access controls over Personal Information, no such information should be shared with or provided to unauthorised persons unless specific authority to access the information is provided.
Access requests for personal information
Individuals have the right to access their information to verify its accuracy, completeness and if it is up to date.
In addition to access, an individual has the right to have their personal details correct and/or updated.
Things that might affect an individual’s right to access their information may include:
Refusal to give access
If access to personal information is denied Mortgage and Insurance New Zealand Limited must give the individual written notice that sets out:
All attempts will be made to respond to an access request as soon as possible. Mortgage and Insurance New Zealand Limited aims to comply with a request within 30 days of receiving the request. Where exceptional circumstances arise, a request will be dealt with within a reasonable period after the request is made and allow access to the information in a manner requested by the individual, if it is reasonable and practicable to do so.
Wherever lawful and practicable, an individual has the option of dealing with Mortgage and Insurance New Zealand Limited anonymously (i.e., general inquiries about the products and services Mortgage and Insurance New Zealand Limited can provide).
Under the Act it is a criminal offence, resulting in a fine up to $10,000, to:
To assist in a prompt resolution of a dispute, it is recommended to supply all supporting documents concerning the matter of dispute, any questions that need to be addressed, as well as the favourable outcome desired.
If not satisfied with Mortgage and Insurance New Zealand Limited reply to a complaint, an individual can contact:
Privacy Commissioner on 0800 803 909 or email to email@example.com or www.privacy.org.nz
Failure by any employee, authorised representative, or contractor to comply with this policy will be treated as misconduct. Misconduct can result in a verbal warning through to instant dismissal/ revocation of nomination depending upon the seriousness of the situation.