Privacy Policy
Last updated: May 31, 2019
1.
Introduction
1.1
This Privacy Policy applies to how we collect and use your Personal Data
when you interact with us, visit our Website or use any of the Services.
1.2
We will use your Personal Data only for the purposes and in the manner
set forth below and we take steps to ensure the processing of your Personal
Data is in compliance with the Privacy Act. We will also comply with any
obligations that we have under other applicable law, to the extent that is
applicable, including the GDPR.
1.3
By visiting our Website or using our Services you agree to our use of
your Personal Data in accordance with this Privacy Policy (as amended from time
to time).
1.4
If you do not agree with or are not comfortable with any aspect of this
Privacy Policy, you should not use our Website or the Services.
1.5
This Privacy Policy is updated from time to time; therefore, you should
review it occasionally. Your continued use of our Website or the Services
following the changes shall be deemed acceptance of the changes.
2.
Definitions and Interpretation
2.1
The following terms have the following meanings:
2.1.1 "us"
or "we" refers to Temp-SMS.org, the owner(s) of our Website;
2.1.2 "you"
refers to the user or viewer of our Website;
2.1.3 “GDPR”
refers to the General Data Protection Regulation;
2.1.4 “Personal
Data” is any information that can or may be used to identify you and may
include the information set out in clauses 4.1 and 4.2.
2.1.5 “Privacy
Act” means the Privacy Act 1993;
2.1.6 “Services”
refers to the services we provide via or through our Website; and
2.1.7 “Website”
refers to our website, which you use in conjunction with the Services.
2.2
References to the Privacy Act or other legislation includes any
subordinate legislation, by-law, regulation, order, statutory instrument or
determination made under it, any re-enactment of, or amendment to it and all
legislation passed in substitution for that legislation.
3.
When does this Privacy Policy apply
3.1
This Privacy Policy applies to Personal Data that we collect, use and
otherwise process about you. We collect Personal Data from you in the
following circumstances:
3.1.1 When
you visit our Website;
3.1.2 When
you request or use any of the Services
3.1.3 When
you register, create or update an account with us;
3.1.4 When
you purchase or order products or services from us;
3.1.5 When
you communicate with us including when you make any inquiry or complaint;
3.1.6 When
you comment or submit information in any online form; and
3.1.7 Where
we are permitted to do so under law (including the laws of any foreign
jurisdiction).
3.2
We gather some information automatically through our or third party
systems we use including by the use of cookies (see below).
4.
Collection
4.1
We may collect the following information:
4.1.1 Contact
details, including your name, email address, physical and/or postal address,
telephone number and other contact details;
4.1.2 Payment
information;
4.1.3 Information
that you provide when you communicate with us;
4.1.4 Information
that you submit including in any forms you fill out on our Website;
4.1.5 Information
about the location of your device; and
4.1.6 Information
on the Services that you use.
4.2
We may also collect a series of general data and information when you visit
our Website. This general data and information are stored in the server log
files. The following information may be collected:
4.2.1 The
browser types and versions used,
4.2.2 The
operating system used by the accessing system;
4.2.3 The
website from which an accessing system reaches our Website (so-called referrers);
4.2.4 The
date and time of access to our Website;
4.2.5 An
Internet protocol address (IP Address);
4.2.6 The
Internet service provider of the accessing system, and
4.2.7 Any
other similar data and information that may be used in the event of attacks on
our information technology systems.
4.3
We do not draw any conclusions about the data subject and cannot
identify a data subject as an individual.
5.
Collection of other information
5.1
Some of the Services collect further information about other individuals
including the following information:
5.1.1 The
browser types and versions used;
5.1.2 The
operating system used by the accessing system;
5.1.3 The
website from which an accessing system reaches our Website (so-called referrers);
5.1.4 Information
sent by your browser or application;
5.1.5 The
date and time of the click on the short URL or view of the user’s website or
social media channel with published IP-informer or IP-counter on it;
5.1.6 An
IP Address of the user that clicked on the short URL or view of the user website
or social media channel with published IP-informer or IP-counter on it;
5.1.7 The
Internet service provider (ISP) of the user that clicked on the short
URL or view of the user website or social media channel with published
IP-informer or IP-counter on it;
5.1.8 Information
about the geographical location of the ISP available from the publically
available databases, and
5.1.9 Time
zone and language.
5.2
You acknowledge and agree that you are responsible for receiving an
acknowledgment, agreement and clear consent from any person to whom you send
links using the Services or from whom you receive information.
6.
What Do We Use Your Personal Data For?
6.1
The main purposes for which we use your Personal Data are:
6.1.1 To
process your account;
6.1.2 To
provide the Services;
6.1.3 To
develop and improve the Services (including service communication, insight,
research, customer surveys and feedback);
6.1.4 To
analyse and evaluate the use of our Services;
6.1.5 To
support other administrative purposes;
6.1.6 To
comply with all legal and regulatory requirements;
6.1.7 Where
you have given us permission, to contact you from time to time to keep you up
to date with limited offers, new services, company news and other promotions
which we consider may be of interest to you;
6.1.8 Deliver
the content of our Website correctly;
6.1.9 Optimize
the content of our Website as well as its advertisement;
6.1.10 Ensure
the long-term viability of our information technology systems and website
technology;
6.1.11 To
communicate with you and assist with your queries, requests or complaints;
6.1.12 To
send you communications that we are required by law or which we need to provide;
6.1.13 To
verify your identity and enable you to access our services in case you forget
your password or account details;
6.1.14 Where
necessary, to enforce any legal rights we may have, or to protect the rights,
property and safety of you, us and others, including to provide law enforcement
authorities with the information necessary for criminal prosecution in case of
a cyber-attack;
6.1.15 To
provide adverts on our Website (see “Other Third Party Providers” below); and
6.1.16 Any
other uses to which you consent.
7.
Entitlement
7.1
The legal basis for this use and other processing will include (as
relevant):
7.1.1 You
have provided us with your consent to the processing of your Personal Data;
7.1.2 To
enable us to perform our obligations under any contract with you and other
users;
7.1.3 To
enable us to comply with any other contractual or legal obligation; and
7.1.4 For
our legitimate interests provided these are not overridden by your interests
and fundamental rights and freedoms
8.
Sharing Personal Data
8.1
We may disclose your Personal Data in the following circumstances:
8.1.1 To
third parties who provide services for us, including auditors and professional
advisors;
8.1.2 Where
this is necessary to enforce our rights against you;
8.1.3 Governmental
and regulatory authorities upon a valid request or as required by law including
to comply with a court order or a request from a regulator or similar legal
process or where otherwise necessary to comply with a legal obligation or for
the administration of justice;
8.1.4 In
the event of a merger, acquisition, or any form of sale of some or all of our
assets to a third party, we may disclose your Personal Data to the third
parties concerned or their professional advisors; and
8.1.5 Other
third parties, where it is permitted by law, or where we have your consent.
9.
International transfers
9.1
Due to the global nature of our Website, our users may be located
worldwide and your Personal Data may be transferred to third parties located in
other countries. These other countries may either have different data
protection laws than your country of residence or they may not have data
protection laws. You consent to your Personal Data being transferred outside
your country of residence.
9.2
We take reasonable steps to ensure that your Personal Data is adequately
protected in accordance with the Privacy Act and the GDPR and not shared with third
parties without your consent.
10.
Period for which the Personal Data will be stored
10.1
Your Personal Data will not be kept for longer than is necessary to
fulfil the specific purposes outlined in this Privacy Policy and to allow us to
comply with our legal requirements.
10.2
The criteria we use to determine data retention periods includes the
following:
10.2.1 Retention
in case of queries.
We may retain your Personal Data for a reasonable
period after you have enquired about Services, in case of follow up queries
from you.
10.2.2 Retention
in case of claims
We may retain your Personal Data for the period in
which you might legally bring claims against us if and to the extent this is
relevant.
10.2.3 Retention
in accordance with legal and regulatory requirements
We may retain your Personal Data after the period
of retention in the case of queries or claims (above) because of a legal or
regulatory requirement. Some or all of these criteria may be relevant to
retention of your Personal Data collected from you in connection with our Services.
10.2.4 Retention
permitted under applicable law
10.2.5 We may
retain your Personal Data where this is necessary to provide the Services where
the retention is necessary for the purposes of pursuing our legitimate
interests or where it is necessary for public interest purposes.
10.3
Although reasonable efforts will be taken, it may not always be possible
to completely remove or delete all of your Personal Data from our databases
because of back-ups and other technical reasons. Where this is the case, we
will take steps to ensure that your Personal Data is suppressed in order to
render it unusable
10.4
Information such as IP Address, browser, operating system, HTTP Referrer
and user agent, collected for your shorten URLs, counters and informers,
designed for you to be able to collect statistics about visitors for your
website, blogs or other resources on the internet, will be removed from the
database after 1 year from the date of collection.
11.
Cookie Usage
11.1
There are instances where we may use cookies when you visit our Website
or use the Services.
11.2
Cookies are files that are downloaded to your computer automatically.
11.3
Cookies provide information about how visitors use our Website and
Services and are used to help us improve our Website and the Services.
11.4
Any information collected not contain any Personal Data which directly
identifies you as an individual.
11.5
Your browser has the ability to decline cookies. This is done by setting
your browser options to decline all cookies. If you do decline cookies, you may
not be able to access some aspects of our Website or the Services.
11.6
Our advertisers may download cookies to which we have no control. If
used, these cookies are downloaded by clicking on an advertisement found on our
Website.
11.7
Please click here to learn more about the cookies that we use and
how they are used them.
11.8
Please also see clause 12 and 13.
12.
Google
12.1
We use Google Analytics that may collect Personal Data. Please read
carefully Google services privacy policy by the link: https://policies.google.com/technologies/partner-sites .
13.
Other Third Party Providers
13.1
We use the following third party providers who will or may use your Personal
Data to provide their services:
13.1.1 Buysellads.com;
13.1.2 Google
for the purposes described in clause 12; and
13.1.3 Other
third party providers that provide services to us from time to time.
14.
Your Rights
14.1
You may have various rights under data privacy laws in your country.
These may include (as relevant):
14.1.1 The
right to request access to or a copy of the Personal Data we hold about you;
14.1.2 The
right to rectification including the right to require us to correct inaccurate Personal
Data;
14.1.3 The
right to request that we erase your Personal Data in specific circumstances:
(a)
Where the Personal Data are no longer necessary in relation to the
purpose for which it was originally collected/processed;
(b)
Where, in circumstances where we process Personal Data by virtue of your
consent, you withdraw consent and there is no other ground for the processing;
or
(c)
Where, in circumstances where processing Personal Data is necessary for our
legitimate interests, you object to us processing your information and there are
no legitimate grounds for processing; or
(d)
Where Personal Data are processed for direct marketing;
14.1.4 The
right to request restriction of processing concerning you or to object to
processing of your Personal Data in certain circumstances;
14.1.5 The right
to data portability including to obtain Personal Data in a commonly used
machine readable format where our processing of it is based on your consent and
the processing is carried out by automated means;
14.1.6 The right,
where we process your Personal Data for our legitimate interests, to object to
the processing unless there are compelling legitimate grounds for the
processing;
14.1.7 The
right to withdraw your consent to the processing of your Personal Data;
14.1.8 The
right to object to the processing of Personal Data for marketing;
14.1.9 The
right not to be subject to automated decision making including profiling (if
any) that has a legal or significant effect on you as an individual; and
14.1.10
The right to any details of any persons to whom we disclose your Personal
Data (unless we are prohibited from providing such information pursuant to
applicable law).
14.2
To make any request under this clause you should:
14.2.1 Contact
us via the details provided in the Contact section of this Privacy Policy; or
14.2.2 Complete
the online form on our Website.
14.3
You can require that we cease the use of your Personal Information for
marketing purposes by:
14.3.1 Using
the unsubscribe feature in any message that we send to you; or
14.3.2 Logging
in to your account and updating the appropriate preferences (if available) for
that account;
15.
Security
15.1
We endeavour to use appropriate technical and physical security measures
to protect your Personal Data from accidental or unlawful destruction, loss,
alteration, unauthorised disclosure of, or access. These measures include:
storing Personal Data in a private database which is accessed via an internal
control panel protected with the username, password and IP Address of our authorised
users; storing hashed information as opposed to passwords and using secure
cloud storage on Azure for database backups. Our service providers are also
selected carefully and required to use appropriate protective measures.
15.2
As effective as modern security practices are, no physical or electronic
security system is entirely secure. The transmission of information via the
internet is not completely secure. Although we will do our best to protect your
Personal Data and any other information that you provide, we cannot guarantee its
security and any transmission is at your own risk.
15.3
Once we receive your Personal Data, we will use appropriate security
measures to seek to prevent unauthorised access.
15.4
In the event that there is an interception or unauthorised access to
your Personal Data, we will not be liable or responsible for any resulting
misuse of your Personal Data.
16.
Third Party Links
16.1
Our Website may contain links to third party websites. These websites
may or may not have privacy policies similar to our own. You should check any
relevant privacy policies or statements before providing your Personal Data to any
third party. We have no responsibility for Personal Data provided to third
parties or for the policies or practices of third parties. You access any
third party websites at your own risk.
17.
Your Right to Lodge a Complaint with a Supervisory Authority
17.1
Without prejudice to any other administrative or judicial remedy you
might have if you have any concerns or complaints about the manner in which
your Personal Data has been collected, managed or processed by us, please
contact us.
17.2
We will endeavour to resolve any complaint to your satisfaction.
However, if you are unhappy with our response, you may contact the Privacy
Commissioner who may investigate your complaint further. Further information
about the application of the Privacy Act can be found at the website of the
Privacy Commissioner at www.privacy.org.nz.
18.
Contacting Us
18.1
If you want to contact us with queries, requests, or comments you may
have about our Privacy Policy or wish to exercise any of your rights under this
Privacy Policy please get in touch via the following methods:
18.1.1 Contact
form available on our Website;