Privacy and Cookies Policy

Part 1: Personal information and privacy

1. Introduction

1.1 This policy applies to the fileinvite.com website, and all services we provide, including our automated document collection service provided via the FileInvite platform (collectively, our services). Part 1 describes how we will treat personal information collected or processed by us when you use our services. Part 2 of this policy describes how we use cookies, and Part 3 tells you how you can get in touch with us.

1.2 In this policy, 'we' (or 'us' / 'our') means FileInvite Limited, a company incorporated in New Zealand. Our address and contact details are set out in Part 3 of this policy.

This policy is governed by New Zealand law (refer to paragraph 13) and only people resident in the European Union are entitled as of right to the protections established by the European Union’s General Data Protection Regulation (GDPR). However, we have decided to make those protections available to all our users, globally, as set out in this privacy policy.

1.3 The FileInvite platform operates as a hosted document collection service on behalf of other organisations. If an organisation sends you an invitation to use the FileInvite platform, in this scenario FileInvite acts only as the data processor. In such cases, the organisation that has sent you the invite will be the data controller and you will need to contact that organisation if you have any questions about how they process your personal information.

2. “Personal information” and other defined terms

2.1 “Personal information” is the New Zealand term for “personal data” as defined in the GDPR. It means any information that can identify you either directly or indirectly (i.e. by reference to other information we have access to).

2.2 The term “processing” is used as defined in the GDPR. It includes collection, storage, and all of the ways we use personal information when we provide the FileInvite Platform to you.

2.3 “Data controller” means the entity which determines the purposes and means of the processing of personal information and “data processor” means the entity which processes personal information on behalf of the data controller. For the purpose of this policy, FileInvite is the data controller of your personal information collected through the FileInvite platform.

3. Collecting personal information 

3.1 We may collect, store and use the following kinds of personal information that you provide to us:

1. information that you provide when registering to use our services or completing your profile on our website (including your name, address, phone number, company name, company address, company email, company phone number and profile picture);
2. information that you provide to us when using our services, or that is generated in the course of the use of those services (including personal documents, files, informational content, and the meta data associated with the content);
3. information that you post to our website for publication on the internet (including your name, company name, your profile picture and your contact details);
4. information contained in or relating to any communications, documents or files that you (or your clients) send to us or send through our services (including the content of and meta data associated with those documents, files or communications – referred to in this policy as 'Content'); and
5. any other personal information that you choose to send to us.

3.2 We may collect store and use the following kinds of personal information automatically when you use the FileInvite platform:

1. information about your computer and about your visits to and use of our services (including your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths). We collect this personal information by using cookies and other similar technologies. Please refer to Part 2 for further details on our use of cookies.

3.3 We may collect store and use the following kinds of personal information we receive from other sources;

1. when customer wants to use the FileInvite platform to collect signatures on a document they may provide us with a third party’s email address.

3.4 Before you disclose to us the personal information of another person, you must obtain that person's consent to both the disclosure and the processing of that personal information in accordance with the terms of this policy. This includes where any Content contained in your clients' documents or files includes personal information. In respect of that Content, we will act as a processor of the personal information and process and use it only in accordance with your instructions. You will remain the controller of that information. Where the GDPR applies to that information, then the terms of our Data Processing Addendum (DPA) will apply (as between you and us) and sets out our responsibilities when it comes to our processing activities.

4. Using your personal information

4.1 We rely upon a number of lawful grounds to ensure that our use of your personal information is compliant with applicable law. We set out the type of personal information, purpose for process and the legal grounds below.

1. Provide you with services that you have signed up for, including customer support services. Legal Ground: Performance of a contract. This processing is necessary for the performance of the contract with our customer, where we process personal information about other individuals (such as individuals who are sent a document to sign by a customer through the FileInvite platform) in order to provide our services this processing is necessary for the purposes of the legitimate interests pursued by us in providing services to our customer.
2. Administer our website and business and personalize our services for you. Legal ground: Legitimate interests. This processing is necessary for the purposes of the legitimate interests pursued by us to administer, manage and develop the FileInvite platform and services.
3. Send you non-marketing commercial communications. Legal ground: Legitimate interests. This processing is necessary for the purposes of the legitimate interests pursued by us to keep you informed about changes to our services or terms and conditions.
4. Send you email notifications that you have specifically requested. Legal Ground: Consent. You have the right to withdraw your consent at any time.
5. Send you marketing communications relating to our business or the businesses of carefully selected third parties which we think may be of interest to you, by post or, where you have specifically agreed to this, by email or similar technology. Legal Ground: Consent. You can inform us at any time if you no longer require marketing communications.
6. Deal with enquiries and complaints made by or about you relating to our services. Legal ground: Legitimate interests. This processing is necessary for the purposes of the legitimate interests pursued by us to administer, manage and develop our business and services. 
7. Keep our website secure and prevent fraud. Legal Ground: Legitimate interest. This processing is necessary for the purposes of the legitimate interests pursued by us to ensure network and information security, manage risks to our business and check the quality of our service; 
8. Verify compliance with the terms and conditions governing the use of our website (including monitoring messages sent through our website messaging service). Legal ground: Legitimate interests. This processing is necessary for the purposes of the legitimate  interests pursued by us to administer and manage the FileInvite platform.

4.2 However, we will only use Content (ie, information contained within documents and files sent by you or your clients using the Services) as strictly necessary to provide our services to you. We will never view, access or use that Content for our own purposes.

4.3 If you submit personal information for publication on our website, we will publish and otherwise use that information in accordance with the licence you grant to us.

4.4 Your account settings can be used to limit the publication of your information on our website.

45 We will not, without your express consent, supply your personal information to any third party for the purpose of their or any other third party's direct marketing.

5. Disclosing personal information

5.1 We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this policy.

5.2 This includes several service providers and sub-processors we use to provide you with our services, or who provide functionality contained within our services. Those sub-processors include:

5.3 We may disclose your personal information:

1. to the extent that we are required to do so by law;
2. in connection with any ongoing or prospective legal proceedings;
3. in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk);
4. to the purchaser (or prospective purchaser) of any business or asset that we are (or are contemplating) selling;
5. to any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information; and
6. to other people, where we have your consent to do so.

6. International data transfers

6.1 Information that we collect may be stored transferred to, and stored or processed in, countries other than the country you live in. As a New Zealand-headquartered company, your information will be stored in (or accessible from) New Zealand, but it may also be stored in or accessible from countries where our service providers and sub-processors are located (including the United States). No matter which countries in the world your information is stored in, we take steps to ensure that it is kept secure and only used in accordance with this policy and with applicable privacy laws.

6.2 If you are located in the European Economic Area (EEA), this means that your information may be transferred outside the EEA. However, it will only be transferred to countries (like New Zealand) that have been recognised by the European Commission as providing an adequate level of protection of personal information, or to third parties who approved transfer mechanisms in place (such as the European Commission's Standard Contractual Clauses or by ensuring that the third party is Privacy Shield certified).

7. Retaining personal information

7.1 This Section 7 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal information.

7.2 Personal information that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.

7.3 Notwithstanding the other provisions of this Section 7, we will retain documents (including electronic documents) containing personal data:

1. to the extent that we are required to do so by law;
2. if we believe that the documents may be relevant to any ongoing or prospective legal proceedings; and
3. in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk).

8. Security of your personal information

8.1 We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.
8.2 We will store all the personal information you provide on our secure password and firewall-protected servers. Further information about our server security can be found at https://aws.amazon.com/security.

8.3 All data entered through our website or exchanged via our services will be protected by encryption technology. This includes the Content of any documents or files sent using the FileInvite platform.

8.4 You acknowledge that the transmission of information over the internet is inherently insecure, and we cannot
guarantee the security of data sent over the internet.

8.5 You are responsible for keeping the password you use for accessing our services confidential; We will not ask
you for your password (except when you log in to our services).

9. Amendments

9.1 We may update this policy from time to time by publishing a new version on our website.

9.2 You should check this page occasionally to ensure you are happy with any changes to this policy.

9.3 We may notify you of changes to this policy by email or through the login area on our website.

10. Your rights

10.1 We are committed to protecting and respecting your privacy; therefore, we have extended the following rights granted under the GDPR to all users of the FileInvite Platform, regardless of where you live you can:

1. ask to receive information regarding the nature, processing and disclosure of your personal information (right to information);
2. request a copy of your personal information we hold (right to access);
3. request that we update or correct your personal information held by us at any time (right to rectification);
4. request, on legitimate grounds, that we erase your personal information (right to erasure);
5. request, on legitimate grounds, that we restrict the processing of your personal information (right to restrict processing);
6. ask for a copy of your personal information in machine readable form that supports re-use and you can request that we transfer your personal information to another data controller (right to data portability);
7. where our processing of your personal information is based solely on your consent (refer to section 4 to understand the legal basis we process your personal information), you have the right to withdraw your consent at any time (right to withdraw consent). Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so; and
8. If you’re not happy with how we are processing your personal information, you have the right to complain to your local information protection authority. Your local data protection authority will be able to give you more information on how to submit a complaint (right to lodge a complaint). 

11. Third party websites

11.1 Our website includes hyperlinks to, code snippets from, and details of, third party websites.

11.2 We have no control over, and are not responsible for, the privacy policies and practices of third parties.

12. Updating information

12.1 Please let us know if the personal information that we hold about you needs to be corrected or updated.

13. NZ law

13.1 Subject to the rights you may have under the GDPR, this policy is governed by the laws of New Zealand and you submit to the jurisdiction of the New Zealand courts.

Part 2: Cookies

1. About cookies

1.1 A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.

1.2 Cookies may be either "persistent" cookies or "session" cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.

1.3 Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.

1.4 Cookies can be used by web servers to identity and track users as they navigate different pages on a website and identify users returning to a website.

2. Our cookies

2.1 We use both session and persistent cookies on our website.

2.2 The purposes for which they are used, are set out below:

1. recognize a computer when a user visits the website
2. track users as they navigate the website
3. improve the website's usability
4. analyses the use of the website
5. administer the website
6. prevent fraud and improve the security of the website
7. personalize the website for each user;

3. Analytics cookies

3.1 We use Google Analytics, to analyse the use of our website.

3.2 Our analytics service providers generate statistical and other information about website use by means of cookies.

3.3 The analytics cookies used by our website currently have the following names: _ga, _gat.

3.4 The information generated relating to our website is used to create reports about the use of our website.

3.5 Our analytics service provider's privacy policy is available at: http://www.google.com/policies/privacy.

4. Blocking cookies

4.1 Most browsers allow you to refuse to accept cookies; for example:

1. in Internet Explorer (version 10) you can block cookies using the cookie handling override settings available by clicking "Tools", "Internet Options", "Privacy" and then "Advanced";
2. in Firefox (version 24) you can block all cookies by clicking "Tools", "Options", "Privacy", selecting "Use custom settings for history" from the drop-down menu, and unticking "Accept cookies from sites"; and
3. in Chrome (version 29), you can block all cookies by accessing the "customize and control" menu, and clicking "Settings", "Show advanced settings" and "Content settings", and then selecting "Block sites from setting any data" under the "Cookies" heading.

4.2 Blocking all cookies will have a negative impact upon the usability of many websites.

4.3 If you block cookies, you will not be able to use all the features on our website.

5. Deleting cookies

5.1 You can delete cookies already stored on your computer; for example:

1. in Internet Explorer (version 10), you must manually delete cookie files (you can find instructions for doing so at http://support.microsoft.com/kb/278835;
2. in Firefox (version 24), you can delete cookies by clicking "Tools", "Options" and "Privacy", then selecting "Use custom settings for history", clicking "Show Cookies", and then clicking "Remove All Cookies"; and
3. in Chrome (version 29), you can delete all cookies by accessing the "Customize and control" menu, and clicking "Settings", "Show advanced settings" and "Clear browsing data", and then selecting "Delete cookies and other site and plug-in data" before clicking "Clear browsing data".

5.2 Deleting cookies will have a negative impact on the usability of many websites.

5.3 If you delete cookies, you will not be able to use all the features on our website.

Part 3: Our details

1. Our details

1.1 The services are provided by FileInvite Limited.

1.2 We are a company registered in New Zealand with company registration number 4429222.

If you are resident outside the European Union:

1.3 Our registered office and principal place of business is at 669 Great South Road, Penrose, Auckland, New
Zealand.

1.4 Our registered postal address is PO Box 12018, Penrose, Auckland 1642, New Zealand. You can contact us by writing to the postal addresses given above, by using our website contact form https://www.fileinvite.com/contact or by telephone on +6499723040.

If you are resident in the European Union:

Please contact our data protection representative, DPR Group, by following the instructions from DRP Group
found on our website https://www.fileinvite.com/gdpr

Date last updated: 7th January 2020.