Privacy Policy

1. Outline of this Privacy Policy

1.1 Orchestra Limited (NZCN 7677058) (Orchestra, We and Us) is committed to protecting the personal information of the subscribers (Subscribers) of our services (Services) and users of our products (Products), content (Content) and website, being www.orchestra.co.nz or www.orchestra.io (the Website).

1.2 When you visit the Website or use our Products and Services, We collect personal data and use this data to provide our Services to you. This privacy policy will help you to understand:

  • how and why We collect information;
  • how that information is stored;
  • how you can access that information; and
  • when We might disclose information to other people.

1.3 This privacy policy does not limit or exclude any rights that you have or may have under:

  • the Privacy Act 2020 (Privacy Act); and (where applicable)
  • the General Data Protection Regulation 2016/679 (GDPR).
  • how you can access that information; and
  • when We might disclose information to other people.

1.4 For further information, please see www.privacy.org.nz.

2. Application of this Privacy Policy

2.1 This privacy policy applies to all instances in which We collect personal information from you.

2.2 By accessing and/or using the Products, Content and/or Services, you consent to the collection, use, disclosure, storage and processing of personal information in accordance with this privacy policy.

2.3 Our Website may contain links to other third party websites and these third parties may have separate and independent privacy policies. We have no responsibility and We will have no liability for the content and activity of these linked sites.

3. Changes to this policy

3.1 We may change or update this privacy policy at any time by uploading a revised privacy policy to the Website.

3.2 By using the Services and Website you agree to be bound by the privacy policy that is in effect at that time.

4. Collection of Personal Information

4.1 We may collect the following personal information from you:

  • Your name, phone number, residential address and email address.
  • Your gender, date of birth, job title, place of employment or business.
  • Your IP address in order to determine that Subscriber’s geographic location.
  • Any communication with Us either directly, via phone or email.
  • The details of any shareholdings you or others may hold.
  • Information obtained by or submitted to Us by you through your use (or prospective use) of the Products or Services.

4.2 We collect and process data when you:

  • create a subscription and/or use the Products, Services or Website;
  • complete a customer survey or provide feedback to Us through our Website or by email;
  • upload anything onto our Website or when using our Products or Services; or
  • use or view our Website via your browser’s cookies.

4.3 We may supplement the information you provide to Us with information We receive from third parties.

4.4 If you choose not to provide information when We ask for it, you may not be able to use the Products or Services.

4.5 We do not collect any other personal information about you, including details about your race, ethnicity, religious beliefs, sexual orientation, political information or any other genetic or biometric data.

5. Use of Personal Information and Data

5.1 The information that We collect from you may be used:

  • to verify your identity;
  • in connection with the provision (or potential provision) of the Products or Services to you;
  • to improve, update and maintain the Website and Services;
  • to communicate with you in relation to the Products or Services;
  • to market our Products and Services to you, including contacting you electronically (for example, by text, email or an online messaging platform);
  • to undertake credit checks of you (if necessary);
  • to invoice you and to collect money that you owe to Us, including authorising and processing credit or debit card transactions;
  • to respond to communications from you, including any complaints;
  • to co-operate with any government, industry, legislative or regulatory authorities, where required by law;
  • to protect and/or enforce our legal rights and interests, including defending any claim; or
  • for any other purpose authorised by you, the Privacy Act and/or the GDPR

5.2 We reserve the right to use data (on an anonymous basis) in relation to your use of the Products for marketing and accounting purposes.

5.3 You may request that We stop sending marketing messages at any time, by unsubscribing or by contacting Us on [email protected].

6. Cookies

6.1 We use cookies (being an alphanumeric identifier that We transfer to your computer’s hard drive so that We can recognise your browser) in order to monitor your use of the Website. This information is used to enable Us to enhance and customise your experience across the provision of our Website, Products, and Services.

6.2 You may disable cookies by changing the settings on your browser, although this may mean that you cannot use all of the features of the Website, Products and Services.

7. Disclosure of Information

7.1 Unless expressly authorised by you or under this privacy policy, We will not disclose your personal information to any third party except where disclosure relates to the purposes for which the information was collected or where it may be required by law to do so.

Information may be transferred to, and processed in, countries other than the country you live in – such as Australia, where our data hosting provider’s servers are located. These countries may have laws different to what you’re used to. Rest assured, where we disclose personal data to a third party in another country, we put safeguards in place to ensure your personal data remains protected.

For individuals in the European Economic Area (EEA), this means that your data may be transferred outside of the EEA. Where your personal data is transferred outside the EEA, it will only be transferred to countries that have been identified as providing adequate protection for EEA data (like New Zealand), or to a third party where we have approved transfer mechanisms in place to protect your personal data.

8. Protection and Retention of Personal Information

8.1 We will take all reasonable steps to ensure the personal information collected, used or disclosed in accordance with this privacy policy is accurate, complete, up-to-date and stored in a secure environment protected from unauthorised access, modification or disclosure.

8.2 We will hold personal information collected in accordance with this privacy policy both before and after the provision of its Products and Services, but only for so long as We are legally entitled to do so.

9. Access to and Updates of Personal Information

9.1 You may request to see the personal information that We hold on your behalf.

9.2 If the personal information held by Us is not up to date or incomplete you may ask Us to correct the information by updating the information contained within your profile on the Website or contacting Us and advising Us of the correct information.

10. Legal Rights and Access to Personal Information

10.1 You have the following rights in relation to your personal information:

  • To request access to your personal information.
  • To request a correction to your personal information.
  • To request the deletion or removal of your personal information.
  • To object to the processing of your personal information.
  • To request a restriction on the processing of your personal information.
  • To request a transfer of your personal information to you or a third party.
  • To withdraw consent to the use of your personal information.

11. Severability

11.1 If any part of this privacy policy is found by a court to be invalid, void or unenforceable, whether under the Privacy Act, GDPR or any other applicable law, such provision will be deemed to be deleted from this privacy policy and the remaining provisions of will continue in full force and effect.

12. Disputes

12.1 Your concerns can be resolved quickly by contacting Us through the Website. Should you wish to report a complaint or if you feel that We have not addressed your concern in a satisfactory manner, you may contact the Office of the Privacy Commissioner by lodging a complaint form online or posting it to:

Office of the Privacy Commissioner
PO Box 10094
Wellington 6143

12.2 If you are an international Subscriber, please get in touch with your local data protection authority who will advise you on how to submit a complaint.