Fortland - Privacy Policy

1. Outline of this Privacy Policy

1.1 Fortland Capital Limited (the Company, we, us and our) is committed to protecting the personal information of all its Website users and customers (Users) in accordance with the Privacy Act 2020 (Privacy Act) and the Information Privacy Principles as set out in the Privacy Act.

1.2 This privacy policy will help Users understand how and why the Company collects information, how that information is stored, how they can access and correct that information and when we might disclose information to third parties.

1.3 This privacy policy does not limit or exclude any rights that a User has or may have under the Privacy Act and (where applicable) the General Data Protection Regulation 2016/679 (GDPR).

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 personal information is collected from a User by the Company.

2.2 Each User consents to the collection, use, disclosure, storage and processing of personal information in accordance with this privacy policy.

3. Changes to this Policy

3.1 The Company may change this policy at any time by uploading a revised privacy policy to its website, www.fortland.capital (the Website).

3.2 All Users agree to be bound by the privacy policy that is in effect at the time they access the Website.

4. Collection of Personal Information

4.1 The Company will collect the following personal information:

(a) Any communication with the Company either directly, via phone or email.

(b) Information obtained by or submitted to the Company from the User.

4.2 The Company may supplement the information provided to it with information it receives from third parties.

4.3 We do not collect any other personal information about Users, including details about any User’s race, ethnicity, religious beliefs, sexual orientation, political information or any other genetic or biometric data.

5. Personal Information that may be Collected

5.1 The Company may, in addition to other information, collect the following information about a User:

(a) The User’s name, phone number, residential address and email address.

(c) The User’s gender and date of birth.

(d) Information regarding the User’s investment background, and whether they qualify as a “wholesale investor” as that term is defined in the Financial Markets Conduct Act 2013 (Wholesale Investor).

5.2 If any User chooses not to provide information when we ask for it, they may not be able to engage with the Company further.

6. Use of Personal Information

6.1 The information that Users provide to the Company may be used (without limitation):

(a) to verify the identity of the User;

(e) to assess whether or not the User qualifies as a Wholesale Investor;

(f) to communicate with Users (including by electronic means);

(g) to undertake credit checks of any User (if necessary);

(h) to respond to communications from a User;

(i) to co-operate with any government, industry or regulatory authorities;

(j) to protect and/or enforce our legal rights and interests, including defending any claim; or

(k) for any other purpose authorised by a User, the Privacy Act and/or GDPR.

6.2 The Company reserves the right to use data (on a strictly anonymous basis) for marketing and accounting purposes.

6.3 Users may request the Company to stop sending marketing messages at any time, by contacting the Company on [email protected].

7. Privacy Officer

7.1 The Company shall at all times have a person appointed as the “Privacy Officer” of the Company (the Privacy Officer).

7.2 The Privacy Officer must be familiar with the provisions of this privacy policy and be available to assist on privacy matters for the Company.

7.3 The Privacy Officer may be contacted at [email protected].

8. Cookies

8.1 The Company uses 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. Users may disable cookies by changing the settings on their browser, although this may mean that you cannot use all of the features of the Website.

9. Disclosure of Personal Information

9.1 Unless expressly authorised to do so by the relevant User or under this privacy policy, the Company will not disclose any User’s personal information to any third party except where disclosure relates to the purposes for which the information was collected (as stated in clause 6.1 above).

10. Protection and Retention of Personal Information

10.1 The Company will take all reasonable steps to ensure the personal information collected, used or disclosed in accordance with this privacy policy is stored in a secure environment protected from unauthorised access, modification or disclosure.

10.2 The Company will hold personal information collected in accordance with this privacy policy in order to fulfil the purposes for which it was collected, but only for so long as we are legally entitled to do so.

11. Legal Rights and Access to Personal Information

11.1 Users have the following rights in relation to their personal information:

(a) To request access to their personal information.

(l) To request a correction to their personal information.

(m) To request the deletion or removal of their personal information.

(n) To object to the processing of their personal information.

(o) To request a restriction on the processing of their personal information.

(p) To request a transfer or their personal information to you or a third party.

(q) To withdraw consent to the use of their personal information.

11.2 If at any time a User wishes

12. Data Processing Agreement

12.1 This privacy policy may be supplemented or superseded between a User and the Company pursuant to the terms of any data processing agreement (or document having similar effect) entered into in writing between the User and the Company.

13. Severability

13.1 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.