This GDPR Addendum was drafted with brevity and clarity in mind. It does not provide exhaustive detail of all aspects of our collection and use of personal data.
For the purposes of the GDPR
- we are the data controller (as defined in the GDPR) when processing Account and Marketing Data; and
- our customers are the data controller when processing Customer Data
We will not process Customer Data except as provided in our agreements with our customers and we require our customers to comply with applicable privacy and data protection laws. If we receive any data subject requests relating to Customer Data, such as requests to access personal data, we will forward this request to the relevant customer.
The remainder of this GDPR Addendum applies to Account and Marketing Data only and does not apply to Customer Data.
Processing personal data
The legal basis for our processing of Account and Marketing Data is your consent and, for certain Account and Marketing Data, processing is necessary for the performance of a contract to which you are a party or for our legitimate interests (except where such interests would be overridden by your fundamental rights and freedoms which require the protection of personal data).
Despite the above, we may process any of your personal data where such processing is necessary for compliance with applicable laws.
You do not have to provide us with your name or contact information to access and use certain parts of the website. You do have to provide us with information that is automatically collected by Google Analytics during your use of the website (location, browser and operating system details), however, this is not personal information. You must provide us with your name and contact information to access your account or if you wish to contact us. The consequence of not providing your name and contact information is that we will not be able to provide you with an account or contact you.
Your rights in relation to your personal data under the GDPR include:
- right of access – if you ask us, we will confirm whether we are processing your personal data and provide you with a copy of that personal data.
- right to rectification – if the personal data we hold about you is inaccurate or incomplete, you have the right to have it rectified or completed. We will take every reasonable step to ensure personal data which is inaccurate is rectified. If we have shared your personal data with any third parties, we will tell them about the rectification where possible.
- right to erasure – we delete your personal data when it is no longer needed for the purposes for which you provided it. You may request that we delete your personal data and we will do so if deletion does not contravene any applicable laws. If we have shared your personal data with any third parties, we will take reasonable steps to inform those third parties to delete such personal data.
- right to withdraw consent – if the basis of our processing of your personal data is consent, you can withdraw that consent at any time.
- right to restrict processing – you may request that we restrict or block the processing of your personal data in certain circumstances. If we have shared your personal data with third parties, we will tell them about this request where possible.
- right to object to processing – you may request that we stop processing your personal data at any time and we will do so to the extent required by the GDPR.
- rights related to autonomous decision making, including profiling – you have a right to not be subject to a decision based solely on automated processing including profiling, which produces legal effects concerning you or similarly significantly affects you, except where such automated decision making is necessary for entering into, or the performance of, a contract with you, is authorised by applicable laws or is based on your explicit consent.
- right to data portability – you may obtain your personal data from us that you have consented to give us or that is necessary to perform a contract with you. We will provide this personal data in a commonly used, machine-readable and interoperable format to enable data portability to another data controller. Where technically feasible, and at your request, we will transmit your personal data directly to another data controller.
- the right to complain to a supervisory authority – you can report any concerns you have about our privacy practices to the relevant data protection supervisory authority.
Where personal data is processed for the purposes of direct marketing, you have the right to object to such processing, including profiling related to direct marketing.
If you would like to exercise any of your above rights, please contact us at email@example.com. If you are not satisfied by the way your query is dealt with by our data protection officer, you may refer your query to your local data protection supervisory authority e.g. in the United Kingdom, this is the Information Commissioner’s Office.
We do not intend to collect personal data from children aged under 16. If you have reason to believe that a child under the age of 16 has provided personal data to us through our website and/or by using our services, please contact us at firstname.lastname@example.org.
International transfer of data
The Account and Marketing Data may be transferred to, and stored in, a country operating outside the European Economic Area (EEA). Under the GDPR, the transfer of personal data to a country outside the EEA may take place where the European Commission has decided that the country ensures an adequate level of protection. In the absence of an adequacy decision, we may transfer personal data provided appropriate safeguards are in place.
The Abode Group
We may transfer Account and Marketing Data from the EEA to Abode’s entities outside of the EEA.
The Abode group consists of the following companies:
- AbodeBooking Limited – New Zealand
- SFXIT Limited – New Zealand
New Zealand is recognised by the European Commission as a country that ensures an adequate level of data protection and we rely on this decision when transferring personal data from the EEA to New Zealand.
Third party processors
The Account and Marketing Data we collect may also be processed by the third parties set out below.
Some of the Account and Marketing Data we collect is processed in New Zealand (where our operations are located). New Zealand is recognised by the European Commission as a country that ensures an adequate level of data protection and we rely on this decision in transferring personal data to New Zealand.
Some of the Account and Marketing Data we collect is processed by us and/or third party data processors in other countries, including the United States. Where Account and Marketing Data is transferred outside the EEA, it will only be transferred to countries or specified sectors within a country that have been identified as providing adequate protection for EEA data (e.g. organisations in the United States under the EU-U.S. Privacy Shield framework), or to a third party where we have approved transfer mechanisms in place to protect your personal data.
List of third party processors as at 30 September 2018:
|Third-party processor||Purpose||Location of processor||Policy pages|
|Webdrive||Website hosting||New Zealand||https://webdrive.co.nz|
|MailChimp||Email service provider||USA||https://www.mailchimp.com/legal/privacy|
|Xero||Cloud accounting||New Zealand||https://www.xero.com/nz/about/terms/privacy/|
|Google, Inc.||Analytics Advertising||USA||https://policies.google.com/privacy|
Data Retention policy
Account and Marketing Data that we collect and process will not be kept longer than necessary for the purposes for which it is collected, or for the duration required for compliance with applicable law, whichever is longer. The criteria we use to determine the period of time for which we keep Account and Marketing Data includes:
- the nature and type of Account and Marketing Data that you provide to us
- the purpose for which you provide Account and Marketing Data
- the necessary business and operational requirements to continue to supply you with the services or functionality that you have requested
The name and contact details of our European GDPR representative is Gavin Stevens (email@example.com).