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THE BORING STUFF

But you have the right to know it.

FIXINC PRIVACY POLICY

Last Updated: March 20th, 2020

1. INTRODUCTION

Thank you for choosing Fixinc! Your trust is important to us and we’re committed to protecting the privacy and security of your personal information. The information that’s shared with us helps us to provide a great experience with Fixinc. We have a dedicated privacy and legal team that’s committed to protecting all personal information we collect and help ensure that personal information is handled properly.

This Privacy Policy describes how we collect, use, process, and disclose your personal information, in conjunction with your access to and use of the Fixinc Platform and the Payment Services. 

1.1 Definitions
If you see an undefined term in this Privacy Policy (such as “Project” or “Fixinc Platform”), it has the same definition as in our Terms & Conditions (“Terms”). If there are any terms or references you are unsure of, we welcome an email noting what clause this is under and we will gladly clarify. You can email hello@fixinc.org at any time to discuss.

1.2 Data Controller
When this policy mentions “Fixinc,” “we,” “us,” “me”, or “our,” it refers to Fixinc (MYF Group Limited) that is responsible for your information under this Privacy Policy (the “Data Controller”).

1.3 Applicability to Payments
This Privacy Policy also applies to the Payment Services provided to you by Fixinc Payments pursuant to the Payment Terms (“Terms”). When using the Payment Services, you will be also providing your information, including personal information, to one or more Fixinc Payments entities or third party payment solutions, which will also be the Data Controller (the "Payments Data Controller") of your information related to the Payment Services, generally depending on your country of residence.

If your country of residence is outside of New Zealand, your payments controller will appear as MYF Group Limited.

2. INFORMATION WE COLLECT

There are three general categories of information we collect.

2.1 Information You Give to Us.

2.1.1 Information that is necessary for the use of the Fixinc Platform.

We ask for and collect the following personal information about you when you use the Fixinc Platform. This information is necessary for the adequate performance of the contract between you and us and to allow us to comply with our legal obligations. Without it, we may not be able to provide you with all the requested services.

  • Account Information. When you engage in a service, we require certain information such as your first name, last name, email address, and date of birth.
  • Identity Verification Information. To help create and maintain a trusted environment, we may collect identity verification information (such as images of your government issued ID, passport, national ID card, or driving license, as permitted by applicable laws) or other authentication information. 
  • Payment Information. To use certain features of the Fixinc Platform (such as a Package or Service), we may require you to provide certain financial information (like your bank account or credit card information) in order to facilitate the processing of payments (via Fixinc Payments system).
  • Communications with Fixinc and other contractors or customers. When you communicate with Fixinc or use the Fixinc Platform to communicate with other users, we collect information about your communication and any information you choose to provide. This is stored via the CMS, Hubspot and immediately archived. Although all measures are put in place to secure this information, Fixinc cannot be held responsible for the security of the Hubspot server.
2.1.2 Information you choose to give us.

You may choose to provide us with additional personal information in order to obtain a better user experience when using the Fixinc Platform and your Engagement of Services. This additional information will be processed based on our legitimate interest or when applicable, your consent.

  • Additional Profile Information. You may choose to provide additional information as part of your Fixinc profile (such as gender, preferred language(s), city, and a personal description).
  • Other Information. You may otherwise choose to provide us information when you fill in a form, update or add information to your Fixinc Account, respond to surveys, post to community forums, participate in promotions, communicate with our customer care team, share your experience with us (such as through surveys and forms), or use other features of the Fixinc Platform.
2.1.3 Information that is necessary for the use of the Payment Services.

The Payments Data Controller needs to collect the following information necessary for the adequate performance of the contract with you and to comply with applicable law (such as anti-money laundering regulations). Without it, you will not be able to use Payment Services:

  • Payment Information. When you use the Payment Services, the Payments Data Controller requires certain financial information (like your bank account or credit card information) in order to process payments and comply with applicable law.
  • Identity Verification and Other Information. If you are a contractor, the Payments Data Controller may require identity verification information (such as images of your government issued ID, passport, national ID card, or driving license) or other authentication information, your date of birth, your address, email address, phone number and other information in order to verify your identity, provide the Payment Services to you, and to comply with applicable law.
2.1.4 Information We Automatically Collect from Your Use of the Fixinc Platform and Payment Services.

When you use the Fixinc Platform and the Payment Services, we automatically collect personal information about the services you use and how you use them. This information is necessary for the adequate performance of the contract between you and us, to enable us to comply with legal obligations and given our legitimate interest in being able to provide and improve the functionalities of the Fixinc Platform and Payment Services.

  • Geo-location Information. When you use certain features of the Fixinc Platform, we may collect information about your precise or approximate location as determined through data such as your IP address or mobile device’s GPS to offer you an improved user experience. Most mobile devices allow you to control or disable the use of location services for applications in the device’s settings menu. Fixinc may also collect this information even when you are not using the platform should your device continue to show this information. Fixinc does not actively track users who have left the platform.
  • Usage Information. We collect information about your interactions with the Fixinc Platform such as the pages or content you view, your searches for Services or Packages, services you have booked, and other actions on the Fixinc Platform.
  • Log Data and Device Information. We automatically collect log data and device information when you access and use the Fixinc Platform. That information includes, among other things: details about how you’ve used the Fixinc Platform (including if you clicked on links to third party applications), IP address, access dates and times, hardware and software information, device information, device event information, unique identifiers, crash data, cookie data, and the sources you’ve  engaged with before using the Fixinc Platform.
  • Cookies and Similar Technologies. We use cookies and other similar technologies when you use our platform, or engage with our online ads or email communications. We may collect certain information by automated means using technologies such as cookies, web beacons, pixels, browser analysis tools, server logs, and mobile identifiers. In many cases the information we collect using cookies and other tools is only used in a non-identifiable without reference to personal information. For example, we may use information we collect to better understand website traffic patterns and to optimize our website experience. In some cases we associate the information we collect using cookies and other technology with your personal information if you have given this to us. Our business partners may also use these tracking technologies on the Fixinc Platform or engage others to track your behavior on our behalf.
  • Pixels and SDKs. Third parties, including Facebook, may use cookies, web beacons, and other storage technologies to collect or receive information from our websites and elsewhere on the internet and use that information to provide measurement services and target ads. For apps, that third parties, including Facebook, may collect or receive information from your app and other apps and use that information to provide measurement services and targeted ads. Users can opt-out of the collection and use of information for ad targeting by updating their Facebook account ad settings and by contacting hello@fixinc.org with a description of your request and validation information. Users can access a mechanism for exercising such choice by going to http://www.aboutads.info/choic... and http://www.youronlinechoices.eu/. For more information on our use of these technologies, see Hubspot’s cookie policy for more.
  • Payment Transaction Information. Fixinc Payments collects information related to your payment transactions through the Fixinc Platform, including the payment instrument used, date and time, payment amount, payment instrument expiration date and billing postcode, PayPal email address, IBAN information, your address and other related transaction details. This information is necessary for the adequate performance of the contract between you and Fixinc Payments and to allow the provision of the Payment Services.
2.1.5 Information We Collect from Third Parties.

Fixinc may collect information, including personal information, that others provide about you when they use the Fixinc Platform, or obtain information from other sources and combine that with information we collect through the Fixinc Platform. We do not control, supervise or respond for how the third parties providing your information process your Personal Information, and any information request regarding the disclosure of your personal information to us should be directed to such third parties.

  • Referrals. If you are invited to Fixinc, the person who invited you may submit personal information about you such as your email address or other contact information for the invitation to be submitted or for us to invite you.
  • Other Sources. To the extent permitted by applicable law, we may receive additional information about you, such as demographic data or information to help detect fraud and safety issues, from third party service providers and/or partners, and combine it with information we have about you. For example, we may receive background check results (with your consent where required) or fraud warnings from service providers like identity verification services for our fraud prevention and risk assessment efforts. We may receive information about you and your activities on and off the Fixinc Platform through partnerships, or about your experiences and interactions from our partner ad networks.

2.2 Children’s Data.

Our websites and applications are not directed to children under 18 and we do not knowingly collect any personal information directly from children under 18. If you believe that we are processing the personal information pertaining to a child inappropriately, we take this very seriously and urge you to contact us using the information provided under the “Contact Us” section below.

3. HOW WE USE INFORMATION WE COLLECT

We may use, store, and process personal information to (1) provide, understand, improve, and develop the Fixinc Platform and Services, (2) create and maintain a trusted and safer environment (such as to comply with our legal obligations and ensure compliance with Fixinc Policies) and (3) provide, personalize, measure, and improve our advertising and marketing.

3.1 Provide, Improve, and Develop the Fixinc Platform. We may use the personal information to provide, improve, and develop the Fixinc Platform such as to:

  • enable you to access and use the Fixinc Platform,
  • operate, protect, improve, and optimize the Fixinc Platform and experience, such as by performing analytics and conducting research,
  • provide customer service,
  • send you service or support messages, updates, security alerts, and account notifications,
  • if you provide us with your contacts’ information, we may process this information: (i) to facilitate your referral invitations, (ii) send your requests for references, (iii) for fraud detection and prevention, and (iv) for any purpose you authorize at the time of collection,
  • to operate, protect, improve, and optimize the Fixinc Platform and experience, and personalize and customize your experience (such as making product suggestions, ranking search results), and facilitate claims with our Fixinc, Contractors, or other similar guide protection programs, we conduct profiling based on your interactions with the Fixinc Platform, your search and booking history, your profile information and preferences, and other content you submit to the Fixinc Platform, and
  • enable your use of our enterprise products.

We process this personal information for these purposes given our legitimate interest in improving the Fixinc Platform and our visitors’ experience with it, and where it is necessary for the adequate performance of the contract with you.

3.2 Create and Maintain a Trusted and Safer Environment. We may use the personal information to create and maintain a trusted and safer environment such as to:
detect and prevent fraud, spam, abuse, security incidents, and other harmful activity,

  • conduct security investigations and risk assessments,
  • verify or authenticate information or identifications provided by you (such as to verify your Project or Experience address or location  or compare your identification photo to another photo you provide),
  • conduct checks against databases and other information sources, including background or police checks, to the extent permitted by applicable laws and with your consent where required,
  • comply with our legal obligations,
  • resolve any disputes with any of our Visitors and enforce our agreements with third parties,
  • enforce our Terms of Service and other policies, and
  • in connection with the activities above, we may conduct profiling based on your interactions with the Fixinc Platform, your profile information and other content you submit to the Fixinc Platform, and information obtained from third parties. In limited cases, automated processes may restrict or suspend access to the Fixinc Platform if such processes detect activity that we think poses a safety or other risk to the Fixinc Platform, our community, or third parties. If you challenge the decisioning based on the automated process, please contact us as provided in the Contact Us section below.

We process this personal information for these purposes given our legitimate interest in protecting the Fixinc Platform, to measure the adequate performance of our contract with you, and to comply with applicable laws.

3.3 Provide, Personalize, Measure, and Improve our Advertising and Marketing. We may use the personal information to provide, personalize, measure, and improve our advertising and marketing such as to:

  • send you promotional messages, marketing, advertising, and other information that may be of interest to you based on your preferences (including information about Fixinc or partner campaigns and services) and social media advertising through social media platforms such as Facebook or Google),
  • personalize, measure, and improve our advertising to ensure correct content and less spam,
  • Administer referral programs, rewards, surveys, sweepstakes, contests, or other promotional activities or events sponsored or managed by Fixinc or its third party partners,
  • conduct profiling on your characteristics and preferences (based on the information you provide to us, your interactions with the Fixinc Platform, information obtained from third parties, and your search and booking history) to send you promotional messages, marketing, advertising and other information that we think may be of interest to you,
  • enrolling in an email subscription will not affect the frequency of administrative emails that we may send in connection with any Fixinc Account. No fee is charged for sending promotional emails to you, but third-party data rates may apply. Note that you may not be able to take advantage of certain promotions if you do not have an Fixinc Account, and
  • invite you to events and relevant opportunities (for example, when you share your Contractor or Visitor story, we may use the information provided to reach out to you to invite you to relevant events).

We will process your personal information for the purposes listed in this section given our legitimate interest in undertaking marketing activities to offer you products or services that may be of your interest.

3.4 How the Payments Data Controller uses the Personal Information Collected. We may use the personal information as a part of Payment services such as to:

  • Enable you to access and use the Payment Services.
  • Detect and prevent fraud, abuse, security incidents, and other harmful activity.
  • Conduct security investigations and risk assessments.
  • Conduct checks against databases and other information sources.
  • Comply with legal obligations (such as anti-money laundering regulations).
  • Enforce the Payment Terms and other payment policies.
  • With your consent, send you promotional messages, marketing, advertising, and other information that may be of interest to you based on your preferences.

The Payments Data Controller processes this personal information given its legitimate interest in improving the Payment Services and its users’ experience with it, and where it is necessary for the adequate performance of the contract with you and to comply with applicable laws.

3.5 SMS Terms for New Zealand

For text messaging in the New Zealand, by requesting, joining, agreeing to, enrolling in, signing up for, acknowledging, or otherwise consenting to receive one or more text messages (“Opting In”) or using a Fixinc arrangement in which Fixinc sends (or indicates that it may send, or receives a request that it send) one or more text messages (“Text Message Service”), you accept these SMS Terms for New Zealand (“SMS Terms”), consent to the handling of your personal information as described in the Fixinc Privacy Policy, and agree to resolve disputes with Fixinc as described in our Terms of Service. Message and data rates may apply.

Fixinc will use reasonable commercial efforts to deliver the automated marketing text messages to the number you provide through compatible wireless carriers. Carriers and Fixinc are not liable for delayed or undelivered messages. The short code we use for some Text Message Services may not be supported on all New Zealand carriers.

3.6 Your Choices

You have choices on the promotional messages that you choose to receive.

  • You can limit the information you provide to Fixinc. Participation in promotions and marketing programs is voluntary.
  • You can limit the communications that Fixinc sends to you.
  • To opt-out of marketing emails, simply click the link labeled “unsubscribe” at the bottom of any marketing email we send you or access the notification settings in your Fixinc Account.

To revoke permissions that you may have given to send promotional text messages, text STOP in response to any message.

You can always update your notification settings by emailing hello@fixinc.org. Please note that even if you opt-out of marketing communications, we may still need to contact you with important transactional information about your account. For example, even if you opt-out of emails, we may still send you activity confirmations or fraud alerts or booking information from a recent or future booking you have made with Fixinc.

4. SHARING & DISCLOSURE

4.1 Advertising and Social Media; Sharing With Your Consent.

Where you have provided consent, we share your information, including personal information, as described at the time of consent, such as when you authorize a third party application or website to access your Fixinc Account or when you participate in promotional activities conducted by Fixinc partners or third parties.

Where permissible according to applicable law, we may use certain limited personal information about you, such as your email address, to hash it and to share it with social media platforms, such as Facebook or Google, to generate leads, drive traffic to our websites or otherwise promote our products and services or the Fixinc Platform. These processing activities are based on our legitimate interest in undertaking marketing activities to offer you products or services that may be of your interest.

The social media platforms with which we may share your personal information are not controlled or supervised by Fixinc. Therefore, any questions regarding how your social media platform service provider processes your personal information should be directed to such a provider.

Please note that you may, at any time ask Fixinc to cease processing your data for these direct marketing purposes by sending an e-mail to hello@fixinc.org

4.2 Sharing between Members.

To help facilitate services or other interactions between contractors, we may need to share certain information, including personal information, with other contractors, as it is necessary for the adequate performance of the contract between you and us.

4.4 Additional Services by Contractor.

Contractors may need to use third party services available through the Fixinc Platform to assist with managing their Projects or Experiences or providing additional services requested by you, such as transport services or the hiring of equipment. Contractors may use features on the Fixinc Platform to share information about the Visitor (like meet up times and drop off dates, Visitor name, Visitor phone number) with such third party service providers for the purposes of coordinating the Project, managing the Experience, or providing other services. Contractors are responsible for third party service providers they use and ensuring those service providers process Visitor information securely and in compliance with applicable law including data privacy and data protection laws.

4.5 Compliance with Law, Responding to Legal Requests, Preventing Harm and Protection of our Rights.

Fixinc and Fixinc Payments may disclose your information, including personal information, to courts, law enforcement, governmental authorities, tax authorities, or authorized third parties, if and to the extent we are required or permitted to do so by law or if such disclosure is reasonably necessary: (i) to comply with our legal obligations, (ii) to comply with legal process and to respond to claims asserted against Fixinc, (iii) to respond to valid requests relating to a criminal investigation or alleged or suspected illegal activity or any other activity that may expose us, you, or any other of our users to legal liability, (iv) to enforce and administer our Terms of Service, the Payment Terms or other agreements with Members, or (v) to protect the rights, property or personal safety of Fixinc, its employees, its Visitors, or members of the public. For example, Contractor tax information may be shared with tax authorities or other governmental agencies where applicable.

These disclosures may be necessary to comply with our legal obligations, for the protection of your or another person's vital interests or for the purposes of our or a third party’s legitimate interest in keeping the Fixinc Platform secure, preventing harm or crime, enforcing or defending legal rights, facilitating the collection of taxes and prevention of tax fraud or preventing damage.
Where appropriate, we may notify Visitors about legal requests unless: (i) providing notice is prohibited by the legal process itself, by court order we receive, or by applicable law, or (ii) we believe that providing notice would be futile, ineffective, create a risk of injury or bodily harm to an individual or group, or create or increase a risk of fraud upon Fixinc’s property, its Visitors or users and the Fixinc Platform. In instances where we comply with legal requests without notice for these reasons, we will attempt to notify that Visitor about the request after the fact where appropriate and where we determine in good faith that we are no longer prevented from doing so.

4.6 Service Providers.

Fixinc and Fixinc Payments uses a variety of third-party service providers to help us provide services related to the Fixinc Platform and the Payment Services. Service providers may be located inside or outside of the European Economic Area (“EEA”). In particular, our service providers are based in New Zealand, Australia, United States and Europe.

For example, service providers may help us: (i) verify your identity or authenticate your identification documents, (ii) check information against public databases, (iii) conduct background or police checks, fraud prevention, and risk assessment, (iv) perform product development, maintenance and debugging, (v) allow the provision of the Fixinc Services through third party platforms and software tools (e.g. through the integration with our APIs), (vi) provide customer service, advertising, or payments services, or (vii) process, handle or assess insurance claims or other similar claims (such as claims under the Fixinc Contractor Guarantee). These providers have limited access to your personal information to perform these tasks on our behalf, and are contractually bound to protect the personal information and only use the personal information in accordance with our instructions.
Fixinc and the Fixinc Payments will need to share your information, including personal information, in order to ensure the adequate performance of our contract with you.

4.7 Corporate Affiliates.

To enable or support us in providing the Fixinc Platform and the Payment Services, we may share your information, including personal information, within our corporate family of companies where applicable (both financial and non-financial entities) that are related by common ownership or control. By using the Fixinc Platform, all users, Visitors and Contractor may have their information shared with current or future Corporate Affiliates to the MYF Group Limited company.

Sharing with MYF Group Ltd. Even if your country of residence is not New Zealand, your information may be shared with MYF Group Limited which provides the technical infrastructure for the Fixinc Platform, product development and maintenance, customer support, trust and safety and other business operation services to other Fixinc entities. The data sharing is necessary for the performance of the contract between you and us and is based on our legitimate interests in providing the Fixinc Platform globally.

Sharing with Fixinc Payments. In order to facilitate payments on or through the Fixinc Platform, certain information as described above in “Information that is necessary for the use of the Payment Services” section above, may be shared with the relevant Fixinc Payments entity. The data sharing is necessary for the performance of the contract between you and us.

The data sharing is necessary for the performance of the contract between you and us to enable you to list or book Contractor Services on a global scale and interact with users internationally. Where required under law and you have expressly granted permission, Fixinc may disclose your information to relevant government agencies without further notice to you. We’ll notify you in advance in the above situations, and in specific situations where we apply any practices that differ from what is described in this Privacy Policy (including practices pertaining to disclosures to government agencies).

Additionally, we share your information, including personal information, with our corporate affiliates in order to support and integrate, promote, and to improve the Fixinc Platform and our affiliates’ services.

4.8 Collection and Remittance of Occupancy Taxes.

In jurisdictions where Fixinc facilitates the Collection and Remittance of Occupancy Taxes as described in the “Taxes” section of the Terms of Service, Contractor and Visitors, where legally permissible according to applicable law, expressly grant us permission, without further notice, to disclose Contractor’ and Visitors’ data and other information relating to them or to their transactions, bookings, Projects and Experiences and Occupancy Taxes to the relevant tax authority, including, but not limited to, the Contractor’s or Visitor’s name, Project addresses, transaction dates and amounts, tax identification number(s), the amount of taxes received (or due) by Contractor from Visitors, and contact information.

4.9 Government Registration.

In jurisdictions where Fixinc facilitates or requires a registration, notification, permit, or license application of a Contractor with a local governmental authority through the Fixinc Platform in accordance with local law, we may share information of participating Contractor with the relevant authority, both during the application process and, if applicable, periodically thereafter, such as the Contractor’s full name and contact details, Project or Experience location, address, tax identification number, Project details, and number of days or nights booked.

4.10 Information Provided to Enterprise Customers.

If you have linked your Fixinc Account to the Fixinc Account of a company or other organization (an “Enterprise”), added your work email address, or have a booking facilitated via another party (such as the future employer or other entity) or used a coupon in a similar capacity in connection with an Enterprise (such as using a coupon to pay for a Project for an enterprise related event like employment onboarding, orientation, meetings, etc.) through one of our Enterprise products, that Enterprise will have access to your name, contact details, permissions and roles, and other information as required to enable use by you and the Enterprise of such Enterprise products.

4.11 Contractor Information Provided to Fixinc for Work Customers.

If a service is designated as being for business purposes and made by a Visitor affiliated with an Enterprise, and the Enterprise is enrolled in our Fixinc for Business, such as a booking made for business purposes using a coupon provided by an Enterprise, we may disclose information related to the booking to the Enterprise, such as the name of the Contractor, the Project or Experience location or address, service dates, pricing, Project details, and other related information, to the extent necessary for the adequate performance of Fixinc’s contract with the Enterprise and to provide the services. At the request of the Enterprise or the Visitor, we may also share this information with third parties engaged by the Enterprise to provide travel management, travel planning, financial reporting, personnel management, crisis management, or other services.

4.12 Visitor Information Provided to Fixinc for Work Customers.

If you have linked your Fixinc Account with an Enterprise, and you are included on a booking designated as being for business purposes, we may disclose information related to the booking to the Enterprise to the extent necessary for the adequate performance of Fixinc’s contract with the Enterprise. Typically, this includes information related to the booking, such as your name, dates of the booking, number of Visitors, pricing, Project details, the Project or Experience location or address, and other related information. At the request of you or your Enterprise, we may also disclose this information to service providers engaged by it, such as companies that provide travel management, financial reporting, personnel management, crisis management, or other services. In the event of a dispute, emergency, or similar situation involving a booking identified as being for business purposes, Fixinc may also share additional relevant information it believes is necessary to safely and quickly address the situation.

4.13 Programs with Managers and Owners.

We may share personal information and booking information with property or land owners, government agencies, landlords, management companies in order to facilitate programs with these partners. For example, Visitor booking and personal information may be shared with land owners, or a planned community where a Contractor lives and/or the Project is to facilitate the Project services, security, billing, and other services that may be provided.

4.14 Business Transfers.

If Fixinc undertakes or is involved in any merger, acquisition, reorganization, sale of assets, bankruptcy, or insolvency event, then we may be entitled to sell, transfer or share some or all of our assets, including your information in connection with such transaction or in contemplation of such transaction (e.g., due diligence). In this event, we will notify you before your personal information is transferred, is likely subject to another party obtaining this information and/or becomes subject to a different privacy policy. This information will be either shared via our Fixinc Platform, social media or via email to your nominated email address.

4.15 Aggregated Data.

We may also share aggregated information (information about our users that we combine together so that it no longer identifies or references an individual user) and other anonymized information for regulatory compliance, industry and market analysis, research, demographic profiling, marketing and advertising, and other business purposes.

5. OTHER IMPORTANT INFORMATION

5.1 Analyzing your Communications.

We may review, scan, or analyze your communications on the Fixinc Platform for fraud prevention, risk assessment, regulatory compliance, investigation, product development, research, analytics, and customer support purposes. For example, as part of our fraud prevention efforts, we scan and analyze messages between Contractor and Visitors to mask contact information and references to other websites. In some cases, we may also scan, review, or analyze messages to debug, improve, and expand product offerings. We use automated methods where reasonably possible. However, occasionally we may need to manually review some communications, such as for fraud investigations and customer support, or to assess and improve the functionality of these automated tools. We will not review, scan, or analyze your messaging communications to send third party marketing messages to you, and we will not sell reviews or analyses of these communications.
These activities are carried out based on Fixinc's legitimate interest in ensuring compliance with applicable laws and our Terms, preventing fraud, promoting safety, and improving and ensuring the adequate performance of our services.


5.2 Third Party Partners & Integrations

The Fixinc Platform may contain links to third party websites or services, such as third party integrations, co-branded services, or third party-branded services (“Third Party Partners”). Fixinc doesn’t own or control these Third Party Partners and when you interact with them, you may be providing information directly to the Third Party Partner, Fixinc, or both. These Third Party Partners will have their own rules about the collection, use, and disclosure of information. We encourage you to review the privacy policies of the other websites you visit.

Parts of the Fixinc Platform may use third party services such as Google Maps/Earth services, including the Google Maps API(s), and Stripe Payment Gateway for Fixinc Payments. Use of these respective services is subject to their privacy policies such as Google Maps/Earth Additional Terms of Use, and the Google Privacy Policy, Citi Privacy Policy.

6. YOUR RIGHTS

You may exercise any of the rights described in this section before your applicable Fixinc Data Controller and Payments Data Controller by sending an email to hello@fixinc.org Please note that we may ask you to verify your identity and request before taking further action on your request.

6.1 Managing Your Information.

You may access and update some of your information through your Account or Dashboard settings. If you have chosen to connect your Fixinc Account to a third-party application, like Facebook or Google, you can change your settings and remove permission for the app by changing your Account settings. You are responsible for keeping your personal information up-to-date and by using our system, you are assuming this it up-to-date for the Fixinc Platform use and performance. If your information has been deemed as “expired” by Fixinc, it may be archived or deleted after a certain period. For example, an address or phone number that no longer exists.

6.2 Rectification of Inaccurate or Incomplete Information.

You have the right to ask us to correct inaccurate or incomplete personal information about you (and which you cannot update yourself within your Fixinc Account).

6.3 Data Access and Portability.

In some jurisdictions, applicable law may entitle you to request copies of your personal information held by us. You may also be entitled to request copies of personal information that you have provided to us in a structured, commonly used, and machine-readable format and/or request us to transmit this information to another service provider (where technically feasible).

6.4 Data Retention and Erasure.

We generally retain your personal information for as long as is necessary for the performance of the contract between you and us and to comply with our legal obligations. In certain jurisdictions, you can request to have all your personal information deleted entirely." Please note that if you request the erasure of your personal information:

  • We may retain some of your personal information as necessary for our legitimate business interests, such as fraud detection and prevention and enhancing safety. For example, if we suspend a Fixinc Account for fraud or safety reasons, we may retain certain information from that Fixinc Account to prevent that Member from opening a new Fixinc Account in the future.
  • We may retain and use your personal information to the extent necessary to comply with our legal obligations. For example, Fixinc and Fixinc Payments may keep some of your information for tax, legal reporting and auditing obligations.
  • Information you have shared with others (e.g., Reviews, forum postings) may continue to be publicly visible on the Fixinc Platform, even after your Fixinc Account is cancelled. However, attribution of such information to you will be removed. Additionally, some copies of your information (e.g., log records) may remain in our database, but are disassociated from personal identifiers.
  • Because we maintain the Fixinc Platform to protect from accidental or malicious loss and destruction, residual copies of your personal information may not be removed from our backup systems for a limited period of time.

6.5 Withdrawing Consent and Restriction of Processing.

If we are processing your personal information based on your consent you may withdraw your consent at any time by changing your Account settings or by sending a communication to Fixinc specifying which consent you are withdrawing. Please note that the withdrawal of your consent does not affect the lawfulness of any processing activities based on such consent before its withdrawal. Additionally, in some jurisdictions, applicable law may give you the right to limit the ways in which we use your personal information, in particular where (i) you contest the accuracy of your personal information; (ii) the processing is unlawful and you oppose the erasure of your personal information; (iii) we no longer need your personal information for the purposes of the processing, but you require the information for the establishment, exercise or defence of legal claims; or (iv) you have objected to the processing pursuant to Section 6.6 and pending the verification whether the legitimate grounds of Fixinc override your own.

6.6 Objection to Processing.

In some jurisdictions, applicable law may entitle you to require Fixinc and Fixinc Payments not to process your personal information for certain specific purposes (including profiling) where such processing is based on legitimate interest. If you object to such processing Fixinc and/or Fixinc Payments will no longer process your personal information for these purposes unless we can demonstrate compelling legitimate grounds for such processing or such processing is required for the establishment, exercise or defence of legal claims.

Where your personal information is processed for direct marketing purposes, you may, at any time ask Fixinc to cease processing your data for these direct marketing purposes by sending an e-mail to hello@fixinc.org

6.7 Lodging Complaints.

You have the right to lodge complaints about our data processing activities by filing a complaint with our Data Protection Officer who can be reached by the “Contact Us” section below or with a supervisory authority.

7. OPERATING GLOBALLY & INTERNATIONAL TRANSFERS

To facilitate our global operations Fixinc and Fixinc Payments may transfer, store, and process your information within our family of companies, partners, and service providers based in New Zealand, Australia, Europe and the United States. Laws in these countries may differ from the laws applicable to your country of residence. For example, information collected within the EEA may be transferred, stored, and processed outside of the EEA for the purposes described in this Privacy Policy. Where we transfer store, and process your personal information outside of the EEA we have ensured that appropriate safeguards are in place to ensure an adequate level of data protection.

7.1 EU-US & Swiss-US Privacy Shield.

Fixinc and Fixinc Payments comply with the EU-US Privacy Shield Framework and the Swiss-US Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States, respectively. Fixinc has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/.

7.2 Other Means to Ensure an Adequate Level of Data Protection.

If Fixinc New Zealand is the Data Controller and your information is shared with corporate affiliates or third party service providers outside the EEA, we have (prior to sharing your information with such corporate affiliate or third party service provider) established the necessary means to ensure an adequate level of data protection. This may be an adequacy decision of the European Commission confirming an adequate level of data protection in the respective non-EEA country or an agreement on the basis of the EU Model Clauses (a set of clauses issued by the European Commission). We will provide further information on the means to ensure an adequate level of data protection on request.

8. SECURITY

We are continuously implementing and updating administrative, technical, and physical security measures to help protect your information against unauthorized access, loss, destruction, or alteration. Some of the safeguards we use to protect your information are firewalls and data encryption, and information access controls. If you know or have reason to believe that your Fixinc Account credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Fixinc Account, please contact us following the instructions in the Contact Us section below.

9. CHANGES TO THIS PRIVACY POLICY

Fixinc reserves the right to modify this Privacy Policy at any time in accordance with this provision. If we make changes to this Privacy Policy, we will post the revised Privacy Policy on the Fixinc Platform and update the “Last Updated” date at the top of this Privacy Policy. We will also provide you with notice of the modification by email at least thirty (30) days before the date they become effective where applicable. If you disagree with the revised Privacy Policy, you may cancel your Account or contract with us. If you do not cancel your Account before the date the revised Privacy Policy becomes effective, your continued access to or use of the Fixinc Platform will be subject to the revised Privacy Policy.

10. CONTACT US

If you have any questions or complaints about this Privacy Policy or Fixinc’s information handling practices, you may email us at the email addresses provided in the relevant sections above or contact us via mail at:

+64 027 955 8000
hello@fixinc.org
PO BOX 720
Rangiora
7440
New Zealand

 

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