Clemenger Group New Zealand Privacy Policy

This Privacy Policy applies to Clemenger Group Limited (NZBN: 9429032243390) and its related group of companies in New Zealand (Clemenger Group, us, we, our).

The Clemenger Group is a provider of marketing communications including but not limited to advertising, brand strategy and design services. We are committed to maintaining a policy of strict confidence concerning your (you, your) personal information (Privacy Policy).

This Privacy Policy has been developed in accordance with the Privacy Act 2020 (Privacy Act). This Privacy Policy applies to the collection, storage, use and disclosure of your personal information. By accessing the website https://cle.ms/ or any website of the Clemenger Group (Site) or otherwise transacting with us you accept the terms of this Privacy Policy. This Privacy Policy applies to information provided to us whether via the Site or any other means.

Collecting personal information
Whose personal information do we collect?

We collect or hold personal information about individuals who are:

• prospective, current and former clients and associates of such clients including the employees or agents that act on behalf of our clients in liaising with us;
• prospective, current and former customers of our clients, where our client has engaged us to collect certain personal information on their behalf or has provided us with personal information in order for us to perform services on their behalf;
• engaged by us or our clients to provide services as an independent contractor, service provider, agent or affiliate and their staff;
• engaged by us as current or former contractors or suppliers; 
• prospective employees or prospective contractors; and
• otherwise interacting with us.

We may in rare circumstances collect information from individuals who are under the age of 18. If we do this, we may also collect information about a parent or guardian of that person. If you are under 18 years of age you must ask your parent or legal guardian to approve your provision of personal information before you submit your personal details to us.
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Failure to provide necessary personal information when requested may result in certain services not being available to you.
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What personal information do we usually collect?
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We collect a wide range of personal information relevant to our advised purposes, but the type and amount of information depends on the particular business context.
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We will collect the following:

• contact information (including for our clients, agents, affiliates, contractors, service providers and their staff) including, name, email address, date of birth, telephone number and business address;
• depending on the campaign, additional personal information for the purposes of performing services for our clients;
• including on behalf of our clients, information about your purchasing patterns, consumer preferences and attitudes for marketing purposes;
• in order to make employment decisions and manage our personnel, we also collect information about our contractors, prospective contractors and prospective employees;
• other information relevant to events, competitions, promotions, products, surveys or offers; and
• any personal information that you submit to us, including via our Site.

We also collect the following information which is not “personal information”:

• Anonymised and aggregated information automatically (your device’s IP address, referring website, what pages your device visited, and the time that your device visited our Website) such as generated by our systems or third-party systems we use, which track traffic to and from our sites but does not relate to you personally. For further information, please read the section below headed “Cookies and other Tracking Technologies”; and
• Other information that does not personally identify you.

How do we collect personal information?

We collect personal information by various means and media, depending on the services we are providing, our needs and our client needs.

We collect your personal information directly from you or where our suppliers provide us with your information. In addition to as otherwise noted in this Privacy Policy, the main ways we collect personal information about you are when you:

• request to receive the goods and services offered and provided by us;
• register to be on our mailing list;
• complete an online entry form on our Site;
• participate in one of our surveys, focus groups or other research, or are otherwise involved in market research;
• enter our competitions or promotions;
• apply for a position with us as an employee, contractor or supplier;
• participate on our social media platforms; and
• otherwise submit personal information about yourself, or someone else, to us, or our Site.

Before providing personal information to us about other individuals, you must first:

• obtain consent from the relevant individual to do so; and
• notify those individuals about the provision of their personal information and the contents of this Privacy Policy.

Use of personal information
‍We will only use and disclose your personal information for the purposes for which it was given to us, or purposes that are related to that purpose where you would reasonably expect it (or that are directly related to that purpose in the case of sensitive information).

In addition to as otherwise noted in this policy, your personal information may be used by us in a number of ways, including to:

• conduct our day-to-day business activities, for example to manage our suppliers and contractors and to make personnel and hiring decisions;
• provide the products and services offered on the Site and in any other forum to you or our clients;
• manage communications and promotional activities on behalf of our clients;
• obtain consents, including copyright consents in relation to our campaigns, and including on behalf of our clients, from participants;
• enhance and improve your use of the Site and our products and services;
• respond to any questions, comments or queries submitted on the Site or by any other means;
• disperse marketing materials and keep you informed about new products, initiatives and opportunities;
• run competitions and promotional campaigns;
• assist us with our internal business purposes, for example, to research and develop the Site and our other products and services;
• assist you conveniently and easily accessing the services that we offer and provide;
• improve our products and services;
• periodically send communications about offers, events, competitions, promotions, products, surveys or other information which we consider that you may find interesting;
• assist us with market research purposes; and
• customise our Site according to your interests; or
• as required or authorised by law, including under the New Zealand Privacy Principles.

Disclosure of personal information  
In certain circumstances, it may be necessary for us to disclose your personal information to third parties in order to assist us in providing our services, or where disclosure is required by us to meet our legal and regulatory obligations.

• Depending on the type of product or service, we may disclose your personal information to a third party who provides or assists to provide the product or service. Further, if we are collecting personal information on behalf of a client, we may need to provide that information to the client so that they can provide you their product or service or information regarding their product or service. Third parties may include:

• digital marketing and other service providers and advisors, such as legal advisors;
  
• technology support service providers where applicable to the service provided to you;
  
• data storage providers;
  
• freight or shipping service providers for the purposes of sending any hardware or hardcopies;
  
• government and law enforcement agencies and regulators; and
  
• entities established to help identify illegal activities and prevent fraud where authorised by law.
  

• Personal information about our current and former agents, affiliates, service providers, contractors and prospective staff may be disclosed to the Omnicom group of companies and third party providers for the purpose of managing:

• the relationship and payroll;
  
• onboarding; and
  
• personnel and resources.
  

We may also disclose your personal information to anyone authorised by you, or to whom you have provided your consent (either expressly or impliedly) or where permitted under the Privacy Act.

We may share your personal information inside the Clemenger Group of companies, to our related bodies corporate including the Omnicom Group, and to potential investors in the Clemenger Group, but only to the extent necessary. If we go through a business transition, such as a merger, acquisition by another company, or a sale of all or a part of our business assets, your personal information may be among the assets transferred.

We will not disclose information that personally identifies you to any third party other than as set out in this Privacy Policy.

Cookies
When you visit the Site, the server may attach a “cookie” to your computer’s memory. A cookie assists us to store information on how visitors to the Site use it and the pages that may be of most interest.

We may collect non-personal information about the computer, mobile telephone, smartphone or other device that you use to access our products or services using cookies.

Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the Site. You can choose to refuse cookies by turning them off in your browser and/or deleting them from your hard drive. You do not need to have cookies turned on to use our Site, but you may need them for customisable areas of sites we may develop in the future. If your cookies are turned off, we will not have any control over the frequency of display of certain ad formats. This could affect your reading experience.

Direct marketing
When you visit the Site, the server may attach a “cookie” to your computer’s memory. A cookie assists us to store information on how visitors to the Site use it and the pages that may be of most interest.

We may collect non-personal information about the computer, mobile telephone, smartphone or other device that you use to access our products or services using cookies.

Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the Site. You can choose to refuse cookies by turning them off in your browser and/or deleting them from your hard drive. You do not need to have cookies turned on to use our Site, but you may need them for customisable areas of sites we may develop in the future. If your cookies are turned off, we will not have any control over the frequency of display of certain ad formats. This could affect your reading experience.

Storage and Security
We will use all reasonable endeavours to keep your personal information in a secure environment, however this security cannot be guaranteed. We use all reasonable endeavours to keep your information in a secure environment and to protect your personal information from misuse, interference, loss, unauthorised access, modification or disclosure. To prevent unauthorised access, maintain data accuracy, and ensure the appropriate use of information, we use appropriate technical, organisational and administrative security measures to protect any information we hold in our records.

If you reasonably believe that there has been unauthorised use or disclosure of your personal information, please contact our Privacy Officer (see below).

We keep records of the personal information we gather from you and we store these on an encrypted server in locked facilities with controlled access. You warrant that you will not act in a manner that results in us collecting, using or storing information that is in breach of our obligations at law.

We will retain your personal information for as long as necessary with regard to the purpose for which we collected it, and to comply with our legal obligations. If we no longer need your personal information, unless we are required under New Zealand law or a court or tribunal order to retain it, we will take reasonable

Transfer of information overseas
Where we transfer personal information outside New Zealand, we will ensure that we comply with the Privacy Act 2020.

We use third party service providers who may disclose your personal information to parties in foreign countries. By providing personal information to us you consent to this disclosure.

For example, if you apply for an employee or contractor position with us or are engaged by us as current or former contractor or supplier, we may disclose your personal information to the related Omnicom group of companies located in USA (and to SAP SE and its related bodies corporate (SAP) via cloud storage in Europe, including Germany) using SAP’s Global Human Resources Information System to assist in managing personnel and resources;

To the extent that the laws and rights of these countries are not equivalent to the laws of New Zealand, you agree to be bound by the laws and rights of the relevant extraterritorial jurisdiction. These countries have data protection laws that are not equivalent to the laws of New Zealand, and you may not have equivalent rights of enforcement.

Your consent
By your use of the Site and our services, you consent to the collection, storage, use and disclosure of your personal information in accordance with this Privacy Policy and as otherwise permitted under the Privacy Act.

Changes to Policy
We may vary the terms of this Privacy Policy at any time. You should check this Privacy Policy regularly so that you are aware of any variations made to this Privacy Policy.

Accuracy of your information
We take reasonable steps to ensure that the personal information held by us is accurate, complete and up to date. If you believe that any of your personal information is inaccurate, please contact us using the below details and we will take reasonable steps to correct it.

Access to your information and making a complaint
You may request access to the personal information we hold about you. If you do so we will respond to your request within a reasonable period of time and, where reasonable and practicable, give access to the information in the manner you request. This will be subject to any exemptions provided under the Privacy Act. You may request this information by writing to our Privacy Officer.

If you wish to make a complaint about a breach of the Privacy Act by us, you may do so by providing your complaint in writing to the contact details listed below. You may also make a complaint verbally. We will seek to respond to any complaint within a reasonable period of time. We may seek further information from you in order to provide a comprehensive and complete response.

You may also make a complaint to the Office of the Privacy Commissioner (OPC). You may contact the OPC via telephone on 0800 803 909, by submitting a complaint or inquiry online at Office of the Privacy Commissioner | Contact us or by writing to the OPC at PO Box 10 094, Wellington 6143.

Contact us
If you would like further information on our Privacy Policy or if you wish to contact us for any of the reasons described above, including to correct or access the information we hold about you or to make a complaint, please contact our Privacy Officer:
The Privacy Officer
Clemenger Group Limited
100 College Hill, Freemans Bay, Auckland, New Zealand 1011
or send an email to us at privacy@clemenger.co.nz