Privacy & Cookie Policy

We respect the privacy of everyone who uses the Thematic site and service. This Privacy & Cookie Policy (this Policy) sets out the data that we collect about you and how you use our site (the Site) and the Thematic service (the Service) and how we use that data. We are Thematic Limited, a company registered in New Zealand and the Unites States with registered office at 18 Birkley Rd, Bayswater, 0622, Auckland, New Zealand. We are the data controller of your personal data.

If you have provided your information to a Thematic client, and that Thematic client has shared your information with us, you should contact the Thematic client to review their privacy policy, and note that the provisions of paragraphs 2, 5, 6, 7.1, 8, 9 and 10 shall apply to the use of your personal data. In such circumstances, we are the processor of your personal data and the Thematic client is the data controller.

This Policy affects your legal rights and obligations so please read it carefully. If you have any questions, you can contact us.

1. Information That We Collect From You

1.1 If you register with us, you must provide the following information: your name and email address. If your employer has registered with us, you may still register to access the Site and/or Services and again you must provide us with your name and email address. You will then be provided with a password to access your account. You agree to keep confidential and not to disclose to any other individual or individuals the user name and password related to your Thematic account.

1.2 When you contact us by email or post or through our contact form, we may keep a record of the correspondence and we may also record any telephone call we have with you.

1.3 All personal data that you provide to us must be true, complete and accurate. You must not register under someone else’s name. If you provide us with inaccurate or false data, and we suspect or identify fraud, we will record this. In addition, we may search at fraud prevention agencies for information on you as part of our due diligence to ensure we comply with anti-money laundering legislation.

1.4 By submitting your personal information, you consent to the collection, use and transfer of your information in accordance with the terms of this Policy.

1.5 If you are 16 years old or younger you may not register on the Site. If we become aware that you are 16 years old or younger, we will remove your personal information from our records. By entering your details on the Site you are stating that you are 17 years old or older.

1.6 We do not store any of your financial information including billing and credit card information. Your financial information is processed by secure, third party services.

2. Data we automatically collect

2.1 When you use our Site, we, or third parties on our behalf, automatically collect and store information about your device and your activities. This information could include (a) your computer or other device’s unique ID number; (b) technical information about your device such as type of device, web browser or operating system; (c) your preferences and settings such as time zone and language; and (d) statistical data about your browsing actions and patterns. We collect this information using cookies in accordance with paragraph 5 below and we use the information we collect on an anonymous basis to improve our Site and the Services, and for analytical and research purposes including to produce reports, statistics and analysis of the types of people who access our Site.

2.2 We also allow advertisers and advertising networks to collect information about your computer or mobile device, activities, and geographic location to enable them to display targeted ads to you and provide us with anonymous information about our users’ behaviour. Again, this takes place through the use of cookies in accordance with paragraph 5 below.

3. Use of your personal data

3.1 You agree that we may lawfully process your personal data to perform our contractual obligations to you, including where you have a subscription the Services, to provide you access to the Service.

3.2 We may also use your personal data for our legitimate interests, including maintaining contact with you for your views on the Site, contact you with updates relating to the Services and other products and services we provide, account management including account verification, dealing with any customer services you require, for regulatory and legal purposes (for example anti-money laundering), for audit purposes and to contact you about changes to this Policy and/or our service agreement.

4. Disclosure of your personal data

4.1 We may share your personal data with any service providers, sub-contractors and agents that we may appoint to perform functions on our behalf and in accordance with our instructions, including payment providers, IT service providers, accountants, auditors and lawyers.

4.2 Under certain circumstances we may have to disclose your personal data under applicable laws and/or regulations, for example, as part of anti-money laundering processes or protect a third party’s rights, property, or safety or to enforce our service agreement.

4.3 We may also share your personal data in connection with, or during negotiations of, any merger, sale of assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or into another company.

4.4 Some or all of your personal data may be stored or transferred outside of the European Union (the EU) for any reason, including for example, if our email server is located in a country outside the EU or if any of our service providers are based outside of the EU. We shall only transfer your personal data to organisations that have provided adequate safeguards in respect of your personal data. These measures include Binding Corporate Rules, the European Commission approved transfer mechanisms for transfers to third parties in countries which have not been deemed to provide an adequate level of data protection as well as any additional local legal requirements.

5. Cookies

5.1 We use the term “cookies” to refer to cookies and other similar technologies covered by the EU Directive on privacy in electronic communications.

5.2 Cookies are small data files that your browser places on your computer or device. Cookies help your browser navigate a website and the cookies themselves cannot collect any information stored on your computer or your files. When a server uses a web browser to read cookies they can help a website deliver a more user-friendly service. To protect your privacy, your browser only gives a website access to the cookies it has already sent to you.

5.3 We use cookies to learn more about the way you interact with our content and help us to improve your experience when visiting our Site. Cookies remember the type of browser you use and which additional browser software you have installed. They also remember your preferences, such as language and region, which remain as your default settings when you revisit the website. Cookies also allow you to rate pages and fill in comment forms.

5.4 Some of the cookies we use are session cookies and only last until you close your browser, others are persistent cookies which are stored on your computer for longer.

5.5 We will not use cookies to collect personally identifiable information about you. However, should you wish to do so, you can choose to reject or block the cookies we set by changing your browser settings – see the Help function within your browser for further details. Please note that most browsers automatically accept cookies so if you do not wish cookies to be used you may need to actively delete or block the cookies.

5.6 You can also visit www.allaboutcookies.org for details on how to delete or reject cookies and for further information on cookies generally. For information on the use of cookies in mobile phone browsers and for details on how to reject or delete such cookies, please refer to your handset manual.

5.7 Note, however, that if you reject the use of cookies you will still be able to visit our Site but some of the functions may not work correctly. In addition, the Service will not work if you choose to reject cookies.

6. Security

6.1 We shall process your personal data in a manner that ensures appropriate security of the personal data, including protection against unauthorized or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures. All information you provide to us is stored on our secure servers.

6.2 Where we have given, or you have chosen a password, you are responsible for keeping this password confidential.

6.3 However, you acknowledge that no system can be completely secure. Therefore, although we take these steps to secure your personal data, we do not promise that your personal data will always remain completely secure.

7. Accessing and Updating – Your rights

7.1 You have the right to obtain from us a copy of the personal data that we hold for you, and to require us to correct errors in the personal data if it is inaccurate or incomplete. You also have the right at any time to require that we delete your personal data. To exercise these rights, or any other rights you may have under applicable laws, you can contact us.

7.2 We reserve the right to charge an administrative fee if your request is manifestly unfounded or excessive.

7.3 If you have any complaints in relation to this Policy or otherwise in relation to our processing of your personal data, please contact us.

7.4 Our Site may contain links to other sites of interest. Once you have used these links to leave our Site, you should note that we do not have any control over that other site. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this Policy. You should exercise caution and look at the privacy policy applicable to the site in question.

8. Retention

8.1 Except where we are required to retain your personal data for accounting or taxation purposes, we will retain your personal data for as long as you remain a user of the Service and for 3 months after you cease to be a user for audit purposes and to respond to any queries you have about your account.

8.2 We shall retain your email address until you opt out of receiving such communications by contacting us or clicking unsubscribe from a marketing email.

8.3 If you otherwise contacted us with a question or comment, we shall retain your personal data for 3 months following such contact to respond to any further queries you might have.

8.4 If we have received your personal data from a Thematic client, we shall retain that personal data in accordance with the instructions we receive from the Thematic client.

9. General

9.1 If any provision of this Policy is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force and effect.

9.2 This Policy shall be governed by and construed in accordance with the law of New Zealand and you agree to submit to the exclusive jurisdiction of the New Zealand Courts.

10. Changes to this Policy

Any changes to this Policy in the future will be posted to the site and, where appropriate, through e-mail notification. Please ensure that you are kept up-to-date with any such changes. By using the Service or accessing the Site You agreed to be bound by the most up-to-date version of this Policy.