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Privacy Policy

DILIGENCE AT WORK

Privacy Policy

 

Diligence at Work seeks to reflect and work in harmony with the Privacy Act 2020 (“the Act”) and the ‘Information Privacy Principles’ contained in Part 3 of the Act.

Information Privacy Principle 1 in Practice at Diligence at Work

 Diligence at Work maintains and adheres to Information Privacy Principle 1 in that we collect personal             information for the lawful purpose connected with a function or an activity of our service.

 Our lawful purpose to collect personal information is as a legal services company.

 Our function and activities associated to our lawful purpose is to advocate, represent, and consult   

 individuals in jurisdictions of law in New Zealand that are not restricted to the practice of a lawyer.

 The areas of law Diligence at Work provides its services include but are not limited to, employment, whanau, ACC, Tenancy, and all other administrative law jurisdictions that are not restricted to a practicing lawyer.

Diligence at Work also collects personal information as a legal training services’

company providing training and education to an individual seeking to self-represent in a New Zealand Court.

Diligence at Work requires the personal information collected from individuals to perform our lawful purpose with the diligence, skill, care and inquiries necessary to meet our function and activity. Diligence at Work will not collect personal information superfluous to our lawful purpose.

 

Information Privacy Principle 2 in Practice at Diligence at Work

Diligence at Work will collect personal information for our lawful purpose from the individual party to a services agreement with our company (“our client”), as the first source of the personal information we seek to collect, in the first instance.

In circumstances where we are unable to collect personal information required for our lawful purpose from our client, we will take our client’s instructions to seek the personal information required from a third party and then take steps to collect the personal information from the third party on our client’s instructions only.

Circumstances where we may be unable to collect personal information from our clients in the first instance are –

That non-compliance would not prejudice the interests of the individual concerned; or

That compliance would prejudice the purposes of the collections; or

That the individual concerned authorised collection of the information from someone else; or

That the information is publicly available information; or

That non-compliance is necessary –

  • to avoid prejudice to the maintenance of the law by an public sector agency, including prejudice to the prevention, detection, investigation, prosecution, and punishment of offences; or

  • for the enforcement of law that imposes a pecuniary penalty; or

  • for the protection of public revenue; or

  • for the conduct of proceedings before any court or tribunal (being proceedings that have been commenced or are reasonably in contemplation); or

  • to prevent or lessen a serious threat to the life or health of the individual concerned or any other individual

  • That compliance is not reasonably practicable in the circumstances of the case; or

That the information will not –

  • be used in a form in which the individual concerned is identified; or

  • be used for statistical or research purposes and will not be published in a form that could reasonably be expected to identify the individual concerned.

 

Information Privacy Principle 3 in Practice at Diligence at Work

 

Diligence at Work acts in an open and transparent manner with all its clients.

Our collection about the personal information we collect from our clients, individuals and third parties, must be notified to our clients and, instructions from our clients obtained  prior to any action taken by Diligence at Work to collect personal information.

Diligence at Work understands transparent and honest communication requires providing our clients with the reasons why we are collecting personal information for our lawful purpose, in relation to their specific matter with us agreed to in our services agreement.

We ensure our clients know what personal information we want to collect, and why we want to collect that personal information, as well as take our clients instructions to collect the personal information, prior to acting on behalf of our clients.

Diligence at Work will communicate an intention to collect personal information from our client or a third party to provide that personal information to another agency, as well as the contact details of the agency, and if the agency requires the personal information as a matter of law, or to process and legal proceeding.

Diligence at Work will inform our clients of any consequences for their failure to provide personal information to us, for the purposes of providing that information to an agency, perform our lawful purpose with the skill and care necessary.

Diligence at Work will seek to correct any personal information held by us, or with another agency, that is incorrect.

Circumstances where we may be able to act to collect personal information without first notifying our client are –

That non-compliance would not prejudice the interests of the individual concerned; or

That compliance would prejudice the purposes of the collections; or

That the individual concerned authorised collection of the information from someone else; or

That the information is publicly available information.

 

Circumstances in which we may deem that non-compliance with collection of personal information is necessary are –

  • to avoid prejudice to the maintenance of the law by an public sector agency, including prejudice to the prevention, detection, investigation, prosecution, and punishment of offences; or

  • for the enforcement of law that imposes a pecuniary penalty; or

  • for the protection of public revenue; or

  • for the conduct of proceedings before any court or tribunal (being proceedings that have been commenced or are reasonably in contemplation); or

  • to prevent or lessen a serious threat to the life or health of the individual concerned or any other individual; or

  • That compliance is not reasonably practicable in the circumstances of the case; or

That the information will not –

  • will not be used in a form in which the individual concerned is identified; or

  • Will be used for statistical or research purposes and will not be published in a form that could reasonably be expected to identify the individual concerned.

 

Information Privacy Principle 4 in Practice at Diligence at Work

  

Information Privacy Principle 5 in Practice at Diligence at Work

 

The collection of personal information will be held by Diligence at Work in the strictest confidence.

Personal information stored by Diligence at Work will be protected with the use of security safeguards to reduce and prevent any loss and access, use, modification or disclosure that is not authorised by Diligence at Work, to another agency or individual.

Diligence at Work will act to ensure that where personal information we have collected is transmitted or provided to another agency or individual, that personal information will not be used or disclosed in an unauthorised manner.

 

Information Privacy Principle 6 in Practice at Diligence at Work

 

Diligence at Work promotes and encourages our clients’ access to their personal information held by us. We will promptly reply to any response from our clients, past or present, seeking confirmation as to whether or not we hold any personal information about them and, provide them with access to that information.

Diligence at Work promotes data and information accuracy. We actively invite our clients, past and present, to request us to correct their personal information we hold because it is our clients’ legal right.

We will promptly reply to any request from our clients, past or present, for the

correction of any personal information we possess about them.

 

Information Privacy Principle 7 in Practice at Diligence at Work

Diligence at Work is obligated to correct personal information we hold when it is wrong.   

Diligence at Work is obliged to ensure the personal information collected and held is used for its lawful purpose and that the information is accurate, up to date, complete and not misleading.

Diligence at Work encourages its clients, past and present, upon their request for the correction of personal information we hold about them, to submit a statement of correction.

Diligence at Work believes in data accuracy, and not misleading our clients or other agencies. Diligence at Work will attach any statement of correction to the personal information held by us, should we not make the corrections sought under the request.

Diligence at Work will ensure that the statement of correction is attached to the personal information, and we will ensure that it will always be read with the personal information we hold.

Diligence at Work will act transparently with the statement of correction attached to personal information and inform every other person to whom we have disclosed the personal information.

           

Information Privacy Principle 8 in Practice at Diligence at Work

 

Diligence at Work exemplifies accuracy. As such, any personal information that is to be disclosed must be accurate, up to date, complete, relevant and not misleading.

Prior to any personal information being disclosed, the personal information needs to be checked by us that it is accurate, up to date, complete, relevant, and not misleading.

 

Information Privacy Principle 9 in Practice at Diligence at Work

 

Diligence at Work will hold personal information for as long as required to complete our lawful purpose of collecting the personal information, as well as for transactional records required to be kept for a certain amount of time pursuant to other New Zealand statutes.

 

Information Privacy Principle 10 in Practice at Diligence at Work

 

Diligence at Work understands and adheres to the laws limiting the use of personal information we have collected for our lawful purpose.

10.2     Diligence at Work will not use the personal information we collect for any purpose other than our lawful purpose, except in the following situations –

The purpose for which the information is to be used is directly related to the purpose in connection with which the information was obtained; or

That the information is to be used in a form in which the individual concerned is not identified; or 

That the information is to be used for statistical or research purposes and will not be published in a form that could reasonably be expected to identify the individual concerned; or

That the information and use of it is authorised by the individual; or

That the information or source of the information is publicly available or;

The use of the information is necessary to avoid prejudice

 

Information Privacy Principle 10 in Practice at Diligence at Work

 

Diligence at Work will only disclose personal information to another agency

when there are reasonable grounds to disclose personal information to another agency, such as –

The disclosure of personal information is one of the purposes in connection with which the information was obtained; or

The disclosure is to the individual concerned; or

The individual concerned authorised the disclosure; or

The source of the information is publicly available and, in the circumstances of the case, it would not be unfair or unreasonable to disclose the information; or

The disclosure is necessary to avoid prejudice to the maintenance of the law, for the enforcement of the law, for the conduct of proceedings before any court or tribunal (being proceedings that have been commenced or are reasonably in contemplation); or

Disclosure is necessary to prevent a threat to public health or public safety; or the life or health of the individual concerned or another individual; or

The information will be used in a form where the individual concerned is not identified; or

The disclosure of the information is to be used for statistical or research purposes and will not be published in a form that could reasonably be expected to identify the individual concerned; or

The disclosure of the information is necessary to facilitate the sale or other disposition of a business as a going concern.

 

Information Privacy Principle 12 in Practice at Diligence at Work

 

Diligence at Work may disclose personal information to a foreign person or entity provided it follows the laws of New Zealand in relation to personal information and this privacy policy, and when the individual concern instructs us to do so.

Upon instructions from our clients to disclose their persona information to a foreign person or entity, Diligence at Work will consult and inform their clients of the risks to protect their personal information once that personal information has been disclosed to a legal jurisdiction outside of New Zealand.

Diligence at Work will also, upon instructions from their clients to disclose their personal information to a foreign person or entity, inform their clients the foreign person or entities legal obligations and safeguards of personal information may not be the same as those provided in the Privacy Act 2020, except when that foreign person or entity is carrying on business in New Zealand.

Diligence at Work will only disclose personal information to a foreign person or entity when we believe on treasonable grounds that the foreign person or entity will provide comparable safeguards to the safeguards provided in the Privacy Act 2020.

 

Information Privacy Principle 13 in Practice at Diligence at Work

 

Diligence at Work only uses unique identifies to identify a client for the use of its operations and will not assign to a client the same unique identifier that has been assigned to that client by another agency.

A unique identified may be assigned to a client for legal proceedings that Diligence at Work will use in reference within the client’s file.

Diligence at Work will not require their clients to disclose a unique identifier from another agency unless the purpose of the collection of the unique identifier is related to our lawful purpose for the collection of personal information.

 

This Privacy Policy has been drafted and finalised on: 6 May 2021