Introduction
Southpac Group Limited and its affiliate companies (together, ‘Southpac’; ‘we’; ‘us’; ‘our’) respect your privacy when it comes to your Personal Information. Personal Information is information about an identifiable individual and includes your name, date of birth, address, telephone number and email address.
We respect the privacy of our online visitors, our customers and applicants for business and comply with applicable laws for the protection of your privacy, including, without limitation, the New Zealand Privacy Act 2020 (‘the Act’) and the European Union General Data Protection Regulation.
Assent to Terms of Policy
Please read this policy carefully. By using our websites, contacting us for information or requesting or using our products or services, you will be deemed to have assented to the terms of this policy.
Use of Websites
Our websites are:
www.southpactrust.co.nz
Where you are using any of our websites, you will be asked to provide clear and unequivocal affirmative consent to the collection, processing, and sharing of your user information via cookies and similar technology. You will retain the option to remove cookies at any time. Further information on internet usage and cookies is set out towards the end of this policy.
Effective Date of this Policy
This policy is effective as of 14 June 2021.
Changes to this Policy
We may change this policy by uploading a revised policy onto our websites. The change will apply from the date that we upload the revised policy. Where deemed necessary, notification of a change to this policy may be sent to customers by email.
Collecting Your Personal Information
We may collect Personal Information about you in the circumstances and for the reasons set out in the table below:
| Circumstances in which Personal Information is collected | Reason for necessity of collection of Personal Information |
| 1. When you contact us by telephone, email or via our websites with a request for information. | To enable us to communicate with you effectively and to send you information about us and about our products and services. |
| 2. When you are an applicant for business. | To enable us to gather information which is (1) required by law and (2) necessary to enable us to make a decision as to whether to enter into an ongoing business relationship with you. Also, to enable us to send you information about us and about our products and services. |
| 3. When you use our services and products. | To enable us to retain information required by relevant laws governing the provision of those services and products. |
| 4. From third parties acting on your behalf and with your consent, such as attorneys. | As described in 2 and 3 above. |
| 5. From third parties which you have expressly permitted to share your information with other companies or service providers. | To enable us to contact you and to send you information about us and about our products and services. |
| 6. From websites holding information on you. | To enable us to gather additional information about you where this is required in order for us to reach a decision as to whether to enter into or maintain an ongoing business relationship with you. |
| 7. From website user information provided to us via cookies and similar technology. | To enable us to develop content targeted to user interests and to improve user experiences on our websites. |
| 8. When you provide us with credit or debit card details in order to make a payment for our products and services. | To enable us to collect payment for those products and services. |
Who Holds your Personal Information
The agency which holds your Personal Information is Southpac Group Limited, Level 1, Goddard Centre, 16 Grey Street, Tauranga 3110, New Zealand.
How we use your Personal Information
We will use the Personal Information we collect from you for the following purposes in the following different situations:
Where you contact us with a request for information:
- To respond to communications from you;
- To send you Southpac publications and/or invitations to seminars, webinars or other events;
- To market our products and services to you by email or telephone.
Where you request, use or pay for our products or services:
- To respond to communications from you;
- To verify your identity;
- To carry out due diligence in accordance with AML/CFT, FATCA, CRS; or as required by law;
- To provide products and services to you;
- To comply with requests for information from banks and other financial service providers in connection with the products and services we provide to you and any payments you make to us for those products and services;
- To process credit or debit card payments for our products and services, on your behalf and with your consent;
- To act on your behalf in relation to all matters necessary or incidental to your engagement of us;
- To send to you Southpac publications and/or invitations to seminars;
- For any purpose specified in our terms of engagement and/or terms and conditions;
- To market our products and services to you by email or telephone;
- To send you Southpac publications and/or invitations to seminars, webinars or other events;
- To protect and/or enforce our legal rights and interest, including defending any claim;
- For any other purpose required by law;
- For any other purpose you may authorise.
Where you use our websites and allow cookies:
- To tailor content and ads, provide social media features (e.g. features that allow you to share content directly to your preferred social media platform), track your preferences, analyse traffic, and provide similar services and content.
Personal Information and Customer Due Diligence
We have certain legal and reporting obligations relating to anti-money laundering, counter financing of terrorism and cross-border account reporting which we are required to adhere to. These laws involve the collection, use and retention of Personal Information (sometimes referred to as customer, or client, due diligence) from applicants for business with Southpac or from persons using our products and services.
These legal and reporting obligations are imposed variously by:
- Cook Islands legislation including the Trustee Companies (Due Diligence) Regulations 1996, the Financial Institutions (Provision of Customer Information) Act 2013; the Financial Transactions Reporting Act 2017 and the Financial Transactions Reporting Regulations 2017;
- Nevis legislation including the Financial Services (Implementation of Industry Standards) Regulations 2011, the Anti-Money laundering Regulations 2011, the Anti-Terrorism (Prevention of terrorist Financing) Regulations 2011, the Foreign Account Tax Compliance (United States of America) (Implementation and Enforcement of Inter-Governmental Agreement) Act 2015, and the Common Reporting Standard (Automatic Exchange of Financial Account Information) Act 2016;
- New Zealand legislation including the Anti‐Money Laundering and Countering Financing of Terrorism Act 2009 and regulations made thereunder;
- The OECD Common Reporting Standard;
- The US Foreign Account Tax Compliance Act;
- Government regulatory bodies from time to time.
Where you request products or services from Southpac, we will collect Personal Information from you, or from third parties authorised by you, in order to meet our obligations. We may also need to collect Personal Information about other individuals you are associated with, either directly from the individual concerned or from third parties. We may not be able to continue to provide products or services or complete a transaction for you if any of the requested information is not provided or is incorrect.
Disclosing Your Personal Information
We may disclose your Personal Information to:
- Another company within our Group, or a subsidiary of any such company. Our Group companies are Southpac Trust Limited, registered in the Cook Islands; Southpac Trust Nevis Limited, registered in Nevis; and Secure NZ Trustee Limited, registered in New Zealand;
- Any business that supports our products and services, including any person that hosts or maintains any underlying IT system or data centre that we may use to host our websites, or provide products and services;
- Third parties providing services which relate to our obligations to carry out customer due diligence, and which include third party websites providing identity verification services and access to sanctions, financial crime and politically exposed person databases;
- Any other person, organisation or regulatory body (including a court of component jurisdiction) who can require us to supply your information;
- Any suitably qualified auditor for the purposes of performing an audit of our business and/or financial records;
- Any other person authorised by law;
- Any other person authorised by you.
Please be advised that where your Personal Information is disclosed to a person or entity outside of New Zealand, including to other companies within our Group, the receiving person or entity may not be required under the laws of their jurisdiction of domicile to protect your information in a way that provides comparable safeguards to those set out in the Act.
Southpac is committed to your privacy and will not share any Personal Information with any third party, except as outlined in this policy.
Dealing with Privacy Breaches
In the event that there is any unauthorised or accidental access to, or disclosure of, your Personal Information, or in the event that your Personal Information is altered, lost or destroyed (‘privacy breach’), and it is reasonable to believe that this may cause you serious harm, we will notify the New Zealand Privacy Commissioner and yourself of the privacy breach as soon as practicable after discovering that it has taken place. The duty to notify you is subject to s 115 of the Act.
Internet Use
While we take reasonable steps to maintain secure internet connections, if you provide us with Personal Information over the internet, the provision of that information is at your own risk.
If you follow a link on any of our websites to another site, the owner of that site will have its own privacy policy relating to your Personal Information. We suggest you review that site’s policy before you provide Personal Information to the site owner.
Use of Cookies and Other Information-Gathering Technologies
Cookies are small text files that are placed on your computer by websites that you visit. We use cookies to make our websites more efficient and to protect your information. They provide us with anonymous information to improve user experience and our content.
How can you change your cookie settings?
Visit www.aboutcookies.org or www.allaboutcookies.org to find out more about cookies, including how to see which cookies are being used. Some control of cookies is usually allowed through the browser settings on most web browsers. More information on this can be found on your browser developer’s website.
Alternatively, you can opt out of Google Analytics tracking across all websites by visiting this site.
Rights of Access and Correction
Subject to certain grounds for refusal set out in law, you have the right to access your Personal Information that we hold and to request corrections to it. Before you exercise this right, we will need evidence to confirm that you are the individual to whom the Personal Information relates.
In respect of a request for correction, if we think the correction is reasonable and we are reasonably able to change the Personal Information, we will make the correction. If we do not make the correction, we will take reasonable steps to note on the Personal Information that you requested the correction.
We may charge you reasonable costs for providing you copies of your Personal Information or correcting that information.
Contact
If you have any queries or comments about this policy, or if you wish to make a request concerning your Personal Information, please contact our Privacy Officer via [email protected] or on +64 7571 8548.