1. Introduction

    1. The following Privacy Policy is applicable to all clients, users of our website, and any persons from whom deVere New Zealand Limited and deVere Group Limited (we, us, our) has collected or collects personal information, including, for the avoidance of doubt, those persons who are prospective clients.
    2. This Privacy Policy explains how we use, collect, disclose, and store personal information. By accessing and using our services, you consent to the use, collection, disclosure, and storage of your personal information in accordance with this Privacy Policy. If you choose not to provide information when we ask for it, we may not be able to provide our services to you.
    3. All deVere New Zealand employee’s and its Remote Financial Advisers must comply with deVere New Zealand’s Privacy Policy.
    4. We comply with the Information Privacy Principles (IPPs) set out in the Privacy Act 2020, which govern the collection, use, disclosure, storage, and access of personal information. We maintain appropriate governance frameworks, policies, and controls to ensure personal information is handled in a lawful, transparent, and secure manner, and consistent with our regulatory obligations.

  2. What personal information do we collect?

    1. We may, in addition to other information, collect the following personal information about you:
      1. your name, email address, residential address, contact telephone numbers, and date of birth.
      2. financial information, such as your bank account number, your tax status and associated tax identifying numbers, your financial goals and objectives, your current and past personal financial circumstances, including information relating to your assets, liabilities and investments, and any other information that we may request or require to obtain a full understanding of your personal financial circumstances and objectives.
      3. specific documents to verify your identity and other personal details about you.
      4. Information relating to, your pension fund, KiwiSaver, investments, and insurance needs and arrangements where necessary.
      5. details of transactions you carry out through our services.
      6. information obtained from third parties in accordance with this Privacy Policy.
    2. We have certain statutory responsibilities to collect and disclose information about you. For example, under the Anti-Money Laundering and Countering Financing Terrorism Act 2009 (AML/CFT Act) we are required to, among other things, verify the identity of the people who use our services. We may use third parties to assist us in this regard. If your identity cannot be verified to a level satisfactory to us, we may request that you send us further information to enable us to verify your identity. During the period that we provide services to you, we may also need to run additional identity checks on you. By using our services, you agree that we may run identity checks on you from time to time, and you acknowledge that you will not be able to use our services unless we are able to complete those checks to our satisfaction.
    3. In some circumstances, we may collect personal information about you from third parties where authorized by you, permitted by law, or reasonably necessary to provide our services. Where we do so, and where required under the Privacy Act 2020, we will take reasonable steps to ensure that you are aware of:
      1. The fact that we have collected your information.
      2. The purpose for which the information is being collected.
      3. The intended recipients of the information.
      4. Your rights of access to and correct your personal information.
    4. This notification may be provided through this Privacy Policy, our client agreement, or other communications at or around the time the information is collected. Where appropriate, we may provide additional notification where personal information is collected indirectly, and the individual would not otherwise reasonably expect such collection.

  3. Cookies

    1. We may collect technical information whenever you use our website. This may include information about the way you arrive, browse, and interact with our website. We may collect this type of information using cookies and other means. Cookies are small text files stored on your device, to help operate the website and collect information about online activity.

  4. How do we use personal information?

    1. We may use personal information for any of the following purposes:
      1. verifying any information that you give to us, or information that we collect from third parties and any third-party databases.
      2. carrying out identity checks and other checks as required to enable us to provide our services to you.
      3. assessing your suitability to use our services.
      4. providing our services to you.
      5. satisfying any obligation arising from any agreement between you and us.
      6. complying with our legal and regulatory obligations or in connection with legal proceedings, crime or fraud prevention, detection, or prosecution.
      7. storing, accessing, and making information available through our website.
      8. contacting you with information about us, our services and new investment opportunities that we think may be of interest to you.
      9. monitoring, operating, maintaining, and improving the website.
      10. any other purpose permitted under the Privacy Act 2020 or that we notify you of at the time personal information is collected.

  5. When do we disclose personal information?

    1. We may disclose personal information to third parties and service providers working with us to help us provide, improve, and promote our services. We only engage with such service providers once reasonable steps have been taken to ensure they comply with New Zealand privacy obligations and legislation.
    2. We may also disclose any of the personal information we hold in the following instances:
      1. to third parties to enable us to assess the suitability of providing our services to you and / or to provide our services to you.
      2. to your financial adviser or other financial services provider providing services to you.
      3. to any member of the deVere Group Limited or any of its affiliates worldwide.
      4. to any person or entity with your express consent.
      5. for any purpose which is permitted under the Privacy Act 2020.
      6. in relation to any proposed purchase or acquisition of our business or assets.
      7. where required by applicable law or any court, or in response to a request by a law enforcement agency.
      8. information can be shared with the FMA/Regulators if required.
    3. We may share non-personal and aggregated information for research or promotional purposes. Except as set out in this Privacy Policy, we do not sell or trade personal information to third parties or allow such third parties to use that personal information.
    4. We undertake due diligence and ongoing monitoring of third-party service providers to ensure they maintain appropriate privacy, security, and confidentiality standards, and comply with applicable legal and regulatory requirements.

  6. Transferring your information outside New Zealand

    1. Given the global nature of our business, your information may be disclosed to third party service providers carrying out functions on behalf of us worldwide.
    2. By providing us with your personal information, you acknowledge that our services may be provided by entities located outside of New Zealand, including in Malta and other countries in which we have an office or in which we do business.
    3. If we disclose your personal information outside New Zealand, we will comply with cross-border disclosure requirements set out in the Privacy Act 2020, for example, by taking reasonable steps to:
      1. ensure that the recipient does not breach the New Zealand Privacy Principles.
      2. protect the information being held, used, or disclosed by the recipient.
      3. ensure that the recipient is subject to substantially similar privacy laws as New Zealand (or where that recipient is not – that you have consented to such disclosure).

  7. Storage of your personal information

    1. We store your personal information in our electronic database and in print form. The information that we collect may be transferred to, and stored in, New Zealand and overseas. If any information is stored overseas, it may also be processed by staff operating outside New Zealand who work for us or for one of our suppliers.
    2. We will keep your personal information for as long as necessary to achieve the purposes for which we collected it, and in all cases for such periods as we are required to comply with any relevant legislation and regulations.
    3. We take reasonable steps to protect personal information from loss, unauthorized access, use, modification, or disclosure.

  8. Your rights

    1. You have the right to request correction of any of the personal information we hold about you. You have the right to request confirmation of what personal information we hold about you and to access any personal information that we hold about you which is readily retrievable. If you would like to exercise these rights, please email us at [email protected]

  9. Privacy officer

    1. We have an appointed Compliance Officer who is responsible for ensuring compliance with the Privacy Act 2020, managing privacy training, handling requests and complaints, overseeing breach responses, and continuously improving privacy practices.

  10. Amendments

    1. We may amend this Privacy Policy from time to time. You hereby accept any changes to this Privacy Policy by virtue of using our services and/or our website. We will ensure that the current version of our Privacy Policy is always available on our website, www.devere-newzealand.nz