PRIVACY POLICY

INTRODUCTION

For the purpose of this Privacy Policy "you" or "your" means any end user accessing our Website (www.measuringbroadbandnewzealand.com), "we" or "us", "our" means SamKnows Ltd with registered office at 2 New Street Square, London, EC4A 3BZ and registration number 06510477.

This Privacy Policy explains what information we collect, how information is collected, stored, used and handled, when information may be disclosed to third parties with your consent, your rights for requesting access to or amending your personal information, as well as how you can provide us with feedback or make a complaint.

For the purpose of this Privacy Policy, the applicable law is the Privacy Act 1993. By using or accessing our Website at www.measuringbroadbandnewzealand.com (the "Website") or any other related apps or websites or submitting information to us (through or in connection with the Website) you signify your consent to our collection, use, storage and disclosure of your personal information in accordance with the terms of this Privacy Policy. If you do not agree with this Privacy Policy, you must not use or access the Website or submit information to us through or in connection with the Website or otherwise.

1. Information we may collect from you

1.1 Information you give us (“Submitted Information”):

(a) Information that you provide to us by filling in forms and submitting information by email, through the Website, subscribing to any one of our services, through surveys, or by requesting further services (e.g. when you apply for a Whitebox or when you register with us to have access to our broadband measurement services).

(b) The information you give us may include personal information such as your:

name and address,
e-mail address,
username, password,
financial information
your IP address, and
your phone number.

2. Records of communications between you and us relating to services provided by us to you. If you contact us, whether through the Website or otherwise we may keep a record of that correspondence. For example, if you submit a query, a complaint, report a problem with our service, Website, or otherwise liaise with our customer service, technical support or any other department in our company.

3. We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.

4. Information we collect about you and your device. Each time you visit our Website we may automatically collect the following information:

4.1 Technical information including:

(a) The type of PC you use and your IP address;

(b) Device information:

(i) the type of mobile device you use, a unique device identifier (for example, your Device's IMEI and IMSI number, the MAC address of the Device's wireless network interface, or the mobile phone number used by the Device), mobile network information, your mobile operating system, the type of mobile browser you use and time zone setting. For instance, when the measurement application starts, we may record the manufacturer and model of mobile device you are using, and the version of the operating system installed on your mobile device.

(ii) your mobile device’s IMEI and IMSI, collected to identify individual devices for the purposes of collating information about testing, but this data is not used to identify individual users.

(iii) information about your mobile device performance, such as your service provider, the strength of the radio signal, and what type of connection (e.g. 3G, 4G, Wi-Fi, etc.) service you have.

5. Details of your visits to our Website including, but not limited to traffic data, weblogs and other communication data ("Log Information").

6. Location information. We also use GPS technology or similar technologies, to determine your current or past location (e.g. to enable us to provide you with the broadband measurement services and to gather more accurate broadband performance information - in aggregated form – e.g. when we measure your mobile broadband performance, we identify the location and unique ID of the cell tower that is providing the service, and the GPS location of your device when the measurements were made) (the "Location Information"). Some of our location-enabled Services require your personal data for the feature to work. If you wish to use the particular feature, you will be asked to consent to your data being used for this purpose. You can withdraw your consent at any time by changing the settings in your phone.

7. Time of data collection. We record the times when we perform measurements of your fixed or mobile broadband performance. Some measurements function by recording a start and end time.

8. Information we receive from other sources ("Third Party Information"). We are working closely with third parties including the Commerce Commission in relation to our broadband measurement services. When required by the Privacy Act 1993, we will notify you when we receive information about you from them and the purposes for which we intend to use that information.

8.1 We may check some of the information that you provide against third party databases to confirm that it is accurate.

9. How We May Use The Information Collected From You

9.1 We may process information collected from you including your personal information for the purpose of:

(a) Providing and personalising our products or services;

(b) Carrying out our obligations arising from any contracts entered into between you and us;

(d) Notifying you about changes to our services;

(e) Improving and developing our services, or the Website;

(f) Ensuring that content from our Website is presented in the most effective manner for you and for your computer or mobile device;

(g) Dealing with your inquiries and requests, including contacting you where necessary;

(h) Administering registration records (including reminders, e.g. to update your payment details);

(i) Contacting you for your views on our services and notifying you occasionally about important changes or developments to our services or the Website;

(j) Carrying out market research campaigns; and

(k) Debt recovery or debt tracing, crime, fraud and money laundering compliance.

9.2 We may use your personal information to provide you with information about other products and services offered by us that may be of benefit to you provided that we obtain your consent before sending you any such information by electronic message.

9.3 We may also gather this information and statistics for the purposes of monitoring the usage of the Website and our services and may provide such aggregate information to third parties. For instance, we will collect aggregated data (i.e. aggregated statistics that describe broadband performance) about the performance of your broadband connection and share it with third parties. These statistics will not include information that can be used to identify you.

9.4 You may ask us to provide you with information about our services or services offered jointly with or on behalf of other organisations by sending us an e-mail to [email protected] or writing to us at the following address: The Pavillion, 1 Newham’s Row 3rd floor, London SE1 3UZ, United Kingdom.

9.5 If you choose to post messages on any online forum or other message platforms that we may make available for this purpose on the Website, we may collect that information you provide to us. We may retain this information as necessary to resolve disputes, provide customer support and troubleshoot problems as permitted by law.

9.6 If you stop using our services, our Website or your permission to use the Website or our services is terminated, we may continue to use and disclose your personal information in accordance with this Privacy Policy and as permitted by the Privacy Act 1993. However, if you wish us to stop e-mailing you with marketing information in connection with the Website or our services, please send your request to [email protected].

9.7 We may contract out part of our services plus other ancillary services such as hosting, credit checking, billing, and verification of sales. We may disclose your personal information to these organisations but only so that they can provide you with the services that we have contracted out.

10. Information Security

10.1 The Internet is not a secure medium. However, we have put in place various security procedures with regards to the App and the Website and your electronic communications with us, as set out in this Privacy Policy.

10.2 Where relevant, with respect to online payments, all your payment details will be passed from your browser for processing using encryption. All information you provide to us is stored on our secured servers. Any payment transactions carried out by us or our chosen third-party provider of payment processing services will be encrypted using Secured Sockets Layer technology or other suitable encryption technology.

10.3 Where you have been allocated a user admin area (an "Account"), this area is protected by your user name and password, which you should never divulge to anyone else. You are responsible for keeping this password confidential. We ask you not to share a password with anyone.

10.4 Please be aware that communications over the Internet, such as emails/webmails are not secure unless they have been encrypted. Your communications may route through a number of countries before being delivered – this is the nature of the World Wide Web/Internet.

10.5 We cannot accept responsibility for any unauthorised access or loss of personal information that is beyond our control.

10.6 We believe that we have appropriate policies, rules and technical measures to protect the personal information that we have under our control (having regard to the type and amount of that information) from unauthorised access, improper use or disclosure, unauthorised modification, unlawful destruction or accidental loss.

10.7 All of our employees and data processors that have access to, and are associated with, the processing of your personal information are obliged to respect the confidentiality of our users’ information.

10.8 We ensure that your information will not be disclosed to government institutions or authorities except if required by law or when requested to by regulatory bodies or law enforcement organisations.

10.9 Certain services may include social networking, chat room or forum features. When using these features please ensure that you do not submit any personal data that you do not want to be seen, collected or used by other users.

11. To Whom Will Your Information Be Disclosed?

11.1 Your personal information may, for the purposes set out in this Privacy Policy, be disclosed for processing to:

(a) Our employees;

(b) Any member of our group companies and their employees, which means our subsidiaries, our ultimate holding company and its subsidiaries.

(d) A prospective seller or buyer in the event that we sell or buy any business or assets, in which case we will disclose your personal data to such business or assets;

(e) A buyer, if SamKnows or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets;

(f) Third party consultants, contractors or other service providers who may access your personal information when providing services (including but not limited to IT support suppliers) to us;

(g) Government bodies and law enforcement agencies and in response to other legal and regulatory requests, if we are under a duty to disclose or share your personal data in order to comply with any legal or regulatory obligation or request;

(h) Auditors or contractors or other advisers auditing, assisting with or advising on any of our business purposes;

(i) Any third party where such disclosure is required in order to enforce or apply our end user terms, Website Terms and/or other agreements;

(j) Protect the rights, property or safety of SamKnows, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction;

(k) Your broadband provider to: (i) enable us to confirm the type of services you are receiving; (ii) help your broadband providers to assess the performance of their services; and (iii) help your broadband providers to improve the quality and performance of such services;

(l) Depending on the program you join and the services you request, relevant public bodies (e.g. the Commerce Commission) to help them assess and measure the speed and quality of the telecommunications services you (and other users) receive.

12. Your Rights Of Access To, and Correction Of, Your Personal Information

12.1 We will take reasonable steps to ensure that your personal information is accurate, complete, up-to-date and not misleading at the time of using it. If you believe any information we hold about you is inaccurate, incomplete, out-of-date or misleading, you should contact us to let us know. We will respond to your request within a reasonable period and will take reasonable steps to amend your records if appropriate. If we decline to or are unable to provide you with the requested correction, we will notify you of our reasons for declining to do so and at your request take reasonable steps to attach a statement to your personal information setting out that you have requested that the information be corrected.

12.2 You can write to us at any time to obtain a copy of your personal information and to have any inaccuracies corrected. Please write to: [email protected] quoting your name and email address.

12.3 We will require proof of your identity before providing you with details of any personal information we may hold about you.

12.4 We may charge a reasonable fee from you when a request is manifestly unfounded or excessive or repetitive or we receive a request to provide further copies of the same information.

13. Cookies

13.1 We use cookies to distinguish you from other users of the App, or our Website. This helps us to provide you with a good experience when you use the App or browse our Website and also allows us to improve the App and our Website. For detailed information on the cookies, the way we use them and the purposes for which we use them, see our cookie policy https://www.samknows.com/legal/cookie-policy.

14. Where We Store And Process Your Information

14.1 The data that we collect from you may be transferred to, and stored at, a destination outside New Zealand. It may also be processed by staff operating outside New Zealand who work for us or for one of our suppliers or affiliates. Such staff may be engaged in, among other things, the provision of the services, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy.

15. Your Consent And Changes To This Privacy Policy

15.1 By submitting any personal information (including, without limitation, your payment details) to us you consent to the use of information as set out in this Privacy Policy. We reserve the right to amend or modify this Privacy Policy. If we do so we will contact you as soon as practicable to notify you of the changes. Subsequent use will signify that you agree to such changes.

15.2 In the event the purposes for processing personal information change, then we will contact you as soon as practicable and seek your consent where such notification relates to a new additional purpose for processing which is not compatible or similar to the originally specified purposes.

16. Use Of Your Personal Information Submitted To Other Websites

16.1 We are not responsible for the privacy policies and practices of other websites.

16.2 We recommend that you check the policy of each website you visit and contact the owner or operator of such app if you have concerns or questions.

17. Data Retention

17.1 We will keep your data for as long as: (i) you have consented to it; or (ii) it is necessary for us to provide you with our services or to comply with our obligations under applicable law (such us tax and accounting rules), this Privacy Policy, or our Terms; (iii) it is required in respect of the purposes for which such information was provided to us, including where you have given us permission to use it to contact you in the future for marketing purposes, (which may include sending you emails or SMSs about the broadband measurement services we promote).

18. Further Information

18.1 If you would like to let us know about something we have done, or failed to do, whether positive or negative, please let us know. Your comments enable us as an organisation to learn and continuously improve our services.

18.2 If you think there is a problem with the way we are handling your personal information, you have the right to complain to the Officer of the Privacy Commissioner:

https://www.privacy.org.nz/your-rights/making-a-complaint/

19. Updates to your data

19.1 If your personal details change, please help us to keep your information up to date by notifying us at [email protected] you for visiting our site.