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Privacy Policy

Purpose 

  1. This Privacy Policy explains how we may collect, store, use, process, correct, manage, and disclose any Personal Information that you provide to us when you interact with us, either by using this Website or our Social Media Platforms, or when you engage our Services.  Your engagement of our Services and continued use of this Website and/or our Social Media Platforms provides your unconditional consent to us collecting, storing, using, and disclosing your Personal Information in the manner set out below. This Privacy Policy is subject to, and must be read in conjunction with, our Terms of Engagement.

  2. In this privacy policy ‘we’, ‘us’, and ‘our’ refers to C.A.P.A.C Limited trading as iCLAW (iCLAW).  iCLAW is committed to ensuring compliance with the Privacy Act 2020 (if you are located in New Zealand) and the and the European Union’s General Data Protection Regulation (“GPDR”) (if you are in a Member State of the European Union).  If you are in the European Union, then you have additional rights under the applicable privacy laws which are outlined in the ‘GDPR’ section of this Privacy Policy.

Informed Consent

  1. iCLAW will only use your Personal Information for the purposes that we collect it, including as outlined in our Terms of Engagement, and in accordance with this Privacy Policy.  If we no longer require your Personal Information for those purposes, then we will stop using it.  

  2. If you do not want us to collect your Personal Information or do not agree with our Privacy Policy or otherwise withdraw your consent, then we may no longer be able to continue to provide our Services to you. We will also require you to discontinue use of our Website, social media platforms, or any other interaction with us. 

  3. For the purpose of: 

  • The GDPR, the withdrawal of your consent does not affect the lawfulness of any processing activities based on such consent before its withdrawal. 

  • The Privacy Act, your Personal Information will only be used for the purpose for which it was collected in accordance with this Privacy Policy and the law. If that purpose no longer exists or your Personal Information is no longer needed for the purpose in which it was collected, then we will no longer use your Personal Information.

What information we collect 

  1. We will only collect your Personal Information (including, without limitation, your name, email address, phone number, and postal address) that is necessary, when you use this Website and/or our Social Media Platforms, or engage our Services.  Examples of categories of information and the legal basis for their collection are set out below.   In addition, we may also collect and process additional information with your informed consent.  

Category Type of Personal Information Legal Basis for Collection and Processing

Information you give us

You may choose to provide us with your Personal Information when you communicate with us and use our Services

Example

When you make Service requests or queries or when you opt-in to receive our marketing and promotional materials

  • Contact details (name, postal address, email, phone number); 

  • Your Service preferences; 

  • Your bank or account information;

  • Your payment information; or

  • Any other information you choose to give us.

We collect and process this information based on our legitimate interest to provide you Services, to provide you with a high level of client service, to market and promote our Services, billing you, and to fulfil our contractual and ethical obligations to you. 

Information that is necessary for you to use our Services 

We ask for and collect Personal Information when you use our Services.

Example

When you use or engage our Services.

  • The Service you have engaged us for. 

  • Your account history.

  • Any additional information we request and that you provide in connection with the operation of our business and performance of our Services to you.

  • Any information sought to comply with our AML/CFT obligations at law.

We collect and process this information based on our legitimate interest to respond to your requests or queries for legal advice, and to fulfil our ethical, legal and contractual obligations to and with you. Without the information, we may not be able to provide you with the requested Services.

Information we automatically collect from your use of our Website 

When you use our Website and/o Social Media Platforms, we automatically collect Personal Information about the Services you use and how you use them.

Example 

When you use certain features within our Website and/or our Social Media Platforms, when you visit or when you browse the Content on our Website and/or Social Media Platforms, and when you accept our ‘Cookies’.

  • Your geo-location through your IP address or mobile device’s GPS. 

  • Your user information (Content, webpages, other actions performed on our Website). 

  • Your payment and account history.

We collect and process this information based on our legitimate interest to monitor and ensure a positive user /client experience, and to provide and improve the functionalities of our Website, and/or Social Media Platforms, as part of our genuine engagement with you.

Information we collect from Third Parties 

We may collect information that others provide about you when they use our Website, Social Media Platforms, or obtain information from other sources (including our Third Party service providers) and combine that information we collect through our Website.

Example: 

When you link, connect or login to our Website from a Third Party service (e.g. Google, Facebook etc), and when other parties provide us with information, including data to help improve user experience and to detect fraud and Website security issues.

  • Your service preferences or enquiry engagement.

  • Your profile information from Third Party Websites. 

  • Your user information from Third Party Websites.

  • Other information from publicly available sources.

We collect and process this information based on legitimate interest in ensuring a positive user/client experience, ensuring the security of our Website and the safety of our clients and where necessary, to communicate with you.

Marketing Communications

  1. You can opt-out of receiving marketing communications from us by clicking on the ‘unsubscribe’ link in the email communication at any time. You can otherwise contact us at any time by clicking Contact Us on our Website.   


Use and Disclosure of Personal Information 

  1. We will not use or disclose your personal information except in accordance with the New Zealand Privacy Act 2020 or as required by law.  You authorise us to use your Personal Information (and where necessary) to disclose your Personal Information, including to Third Parties, for the following purposes:

  • To communicate with you, including sending promotional emails about new services, special offers, promotions or other information, and otherwise keep you up to date about iCLAW;

  • To analyse usage of our Website and/or Social Media Platforms;

  • To improve the content of our Website and to customise our Website to your preferences, including providing better user experience.

  • For the purposes of providing you with our client Services, including responding to your queries regarding our Website or our Services. 

  • To verify your identity; 

  • For internal record keeping purposes; .

  • To the extent necessary to perform the purposes specified in this Privacy Policy and to allow for the operation of our business activities and functions; 

  • As instructed by you; 

  • For the purposes of iCLAW selling all or most of its assets, and/or any other transition, transfer or alteration to our business. 

  • To comply with our Legal Obligations, including obligations under the Anti-Money Laundering and Countering Financing of Terrorism Act 20 09 (“AML/CFT”).


  1. You agree that iCLAW may share your Personal Information with Third Parties to fulfil business transactions for the purposes specified in this Privacy Policy (for example, providing client services, sending marketing communications, complying with its AML/CFT obligations, and providing maintenance services). 

  2. We will not sell, rent, or lease your Personal Information to Third Parties, other than as described in this Privacy Policy. Your Personal Information will be made available internally for the above purposes.  By providing us with your Personal Information, you consent to our using and disclosing of your Personal Information in the manner set out above.

  3. We will only use or disclose Personal Information that you have provided to us, or which we have obtained about you:


  • for the above-mentioned purposes;

  • if you have authorised us to do so;

  • if we have given you notification of the intended use or disclosure and you have not objected to that use or disclosure;

  • if we believe that the use or disclosure is reasonably necessary to assist a law enforcement agency or an agency responsible for national security in the performance of their functions;

  • if we believe that the use or disclosure is reasonably necessary to enforce any legal rights or obligations we may have, or is reasonably necessary to protect the rights, property and safety of us, or our clients and or Services; or

  • if we are authorised, required or permitted by law to disclose the information.

Storage and Security

  1. Personal Information collected during the course of our performing our Services either via this Website, email, or on Social Media Platforms is collected and held by iCLAW. We will take reasonable efforts to protect personal information that is held by us from loss, misuse, unauthorised access, disclosure, alteration, or destruction.   

  2. The “data controller” (for the purpose of the GDPR) and the “agency” (for the purpose of the Privacy Act) that will be collecting, using, disclosing, storing and processing your Personal Information is C.A.P.A.C Limited trading as iCLAW based in New Zealand.

How Long we will hold your Personal Information 

  1. We will hold your Personal Information for as long as your Personal Information is required for the purposes and for as long as is necessary to comply with our Legal Obligations and the law. 

Data Breach

  1. If we become aware of a personal data breach related to our processing of personal data, we will notify you as soon as possible.

Third Party Websites

  1. This Website may contain hyperlinks to third party websites. We are not responsible for the content of such websites, or the way those websites collect, hold, use, and distribute any Personal Information you provide.  When visiting a third-party website from hyperlinks displayed on this Website, we encourage you to review the privacy statements of those websites so that you can understand how the Personal Information you provide will be will collected, held, used and distributed.  

Right to Access and Correct

  1. You may request access to, or correction of, any Personal Information we hold about you by contacting us at privacyofficer@iclaw.com.

  2. If we cannot give you access to the Personal Information that you have requested, then we will let you know the legal reasons for not disclosing your Personal Information.

  3. To ensure that the Personal Information we hold about you is accurate and current, please notify us of any changes to your personal information as soon as possible.

  4. We will correct your Personal Information if it is necessary to ensure that your Personal Information is accurate, up to date, complete and not misleading. If we decide that it is unnecessary to correct your Personal Information, you have the right to request a statement of the correction sought but not made, be attached to the information. If you are not happy with the response to your request, then you have the right to complain to the New Zealand Privacy Commissioner: www.privacy.org.nz/your-rights/how-to-complain/.

Minors

  1. Where Personal Information is collected from a minor then the means of collection is going to be fair and will not intrude to an unreasonable extent of personal affairs of the individual concerned.

Transfer of Personal Information overseas

  1. In order to provide you with our Services, we may need to disclose and transfer your Personal Information to Third Parties located outside of New Zealand. This may include countries located outside the European Economic Area. In such a situation, we will only disclose your Personal Information if we believe on reasonable grounds that the receiving country is subject to similar safeguards to those offered by the New Zealand privacy laws. If the jurisdiction does not offer comparable safeguards as the New Zealand privacy laws, we will notify you and will only disclose your Personal Information if we get your express authority. 

GDPR

  1. If you are in a Member State of the European Union, you have the following rights with respect to your Personal Information: 

  • a) Lodging complaints: You have the right to lodge a complaint with a ‘supervisory authority’ established by a Member State under Article 51 of the GDPR. 

  • b) Right of rectification: You have the right to obtain from us without undue delay the rectification of inaccurate personal information. We may seek to verify the accuracy of the Personal Information before correcting it. 

  • c) Right to restrict processing: You have 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 of your Personal Information pending the verification by a supervisory authority of whether our legitimate grounds to process override your own. 

  • d) Right of access and portability: You have the right to request certain 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 law firm nominated by you (where technically feasible). 

  • e) Right to be forgotten: You have the right to request the erasure of your Personal Information without undue delay where one of the grounds set out in Article 17(1) of the GDPR apply. Please note that: 

  • i. we may retain some of your Personal Information as necessary for our legitimate business interests, such as fraud detection and prevention and enhancing safety; 

  • ii. we may retain and use your Personal Information to the extent necessary to comply with our Legal Obligations. For example, we may keep some of your information for tax, legal reporting, auditing and regulatory compliance obligations; and 

  • iii. because we maintain our Website to protect from accidental or malicious loss and destruction, residual copies of your Personal Information may not be able to be removed from our backup systems.

Privacy Complaints

  1. If you think that your privacy rights have been breached, you can make a written complaint to our privacy officer at privacyofficer@iclaw.com or otherwise contact the NZ Privacy Commissioner at https://www.privacy.org.nz/your-rights/making-a-complaint/complaintform/.

Cookies

  1. A cookie is a small file that can be placed on your computer, mobile, tablet or any other electronic device to store data that can be recalled by a web server in the domain that placed the cookie. Cookies allow the website to recognise your device. iCLAW may use cookies in order to make it easier to use the Website and to help iCLAW to analyse the profile of visitors and users in order to improve usability and features of the Website and Services provided to you. 

  2. There are two types of cookies used by iCLAW:

  • a) Session cookies: These are used to store information about your activities so you can move from one webpage to another. These cookies track your movement from webpage to webpage of a website so that you do not have to provide the same information provided on earlier webpages. Session cookies only remain in the cookie file of your browser until you close the browser.

  • b) Persistent cookies: These are used to store your preferences to improve your experience on future visits to the Website. For example, these cookies can remember log-in details or language preferences so that you don’t have to continually re-enter these each time you visit a website. Persistent cookies stay in the cookie file of your browser after you have closed your browser and activate again when you next visit that website. 

  1. To enable some of the features and functionality of our Website, you will need to permit iCLAW to place cookies on your device. If you choose not to, then those features and functionality will not be available to you. You can remove or block cookies by using the settings in your browser but it may affect your ability to use the Website.

Changes to this Privacy Policy

  1. We reserve the right, at our discretion, to update or revise this Privacy Policy at any time. Changes to this Privacy Policy will take effect immediately once published on this Website. Please check this Privacy Policy regularly for modifications and updates. If you continue to use this Website, Social Media Platforms or our Services or if you provide any Personal Information after we post changes to this Privacy Policy, this will indicate your acceptance of any such changes.  If you have any questions, you can contact our Privacy Officer at privacyofficer@iclaw.com. 

This Privacy Policy was last updated in January 2024.

Interpretation Definitions 

“Services” means any products, services, software, Content, features, functionalities and any other services provided to you in person, by phone, email, app, or via the iCLAW or Social Media Platforms. 

“Website” means iCLAW’s website (or websites) located at www.iclaw.com operated by iCLAW from time to time. 

“Social Media Platforms” means all social media platforms operated by iCLAW including but not limited to Facebook, LinkedIn, and Instagram.  

“Content” means all content delivered via the Website and Services including all text, software, scripts, graphics, photos, sounds, music, videos, audio-visual works or combinations of works, live streaming, interactive features and other materials. 

“Legal Obligations” means any legal or regulatory obligation that iCLAW has under the laws of any relevant any country in relation to the collection, use, disclosure, storage or processing of your Personal Information. “Personal Information” means any information that can be used to directly or indirectly identify an individual, and includes Sensitive Information, and references to “your Personal Information” also includes any personal information that you provide to iCLAW about someone else. “Sensitive Information” means information about your racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, health or sexual orientation. 

“Third Parties” or “Third Party” means any person, company, body corporate, entity, governmental or regulatory authority in any country.