Privacy Policy

Last updated: 14 December 2021

1. General

a. Privacy @ myRent

i. myRent Ltd (“myRent”) takes your privacy seriously and is committed to protecting your personal information.

ii. myRent recognises the importance of regulatory compliance with respect to privacy.

b. Purpose of this Policy

The purpose of this Policy is to set out how myRent will collect, use, and disclose your personal information, as well as how you as a user of the myRent website may access and change your information.

c. Agreement and Consent to Policy

i. By using the Website and associated services, you agree to be bound by this policy.

ii. By using the Website and associated services, you consent to this policy.

d. Changes to Policy

i. myRent reserves the right to review and make amendments to this policy from time to time as it considers necessary or as required by law.

ii. myRent will endeavour to notify you of any changes to this policy.

iii. By using the website and associated services, you agree that you will be bound by this policy as it may be amended from time to time. Further, you agree that you will periodically review this policy to ensure that you are familiar with the most up-to-date version.

e. Relationship with Terms of Use

This policy should be read in conjunction with the Terms of Use.

f. Definition of Terms

i. The terms used in this policy have the same meaning as in the Terms of Use.

ii. In addition, the following terms have the specified meaning:

• “personal information” - has the same meaning as in the Privacy Act 2020 (NZ).
  
• “privacy principle” - refers to the Privacy Principles in Part 2 of the Privacy Act 2020 (NZ).
  
• “policy” - refers to this Privacy Policy, unless otherwise stipulated.
  
• “website” - has the same meaning as in the Terms of Use.
  
• “associated services” - has the same meaning as in the Terms of Use.
  

g. Regulatory Compliance

i. myRent endeavours to fully comply with any relevant New Zealand laws, including common law and equitable rules, regarding privacy and personal information, including:

• Privacy Act 2020
  
• Unsolicited Electronic Messages Act 2007

ii. If any New Zealand law or statute implies into this policy any further terms, conditions, rights, or duties for any party, then, as far as the law permits, any duty or obligation for myRent is limited strictly to taking the minimum steps required for compliance with the implied term, condition, right, or duty.

h. SSL Encryption

myRent employs SSL encryption on its website and associated services for the purpose of securing your personal information and data shared with myRent.

2. Collection of Information

a. Purposes for Collecting Information

General Purpose
i. myRent collects personal information for the general purpose of providing you, a property owner, tenant, prospective tenant, or other user of the website, with access to the Website and the use and benefit of the associated services.

Specific Purposes
ii. In addition to the general purpose above, myRent may also collect personal information for the following purposes:

• Advertising a property for lease through the myRent website and associated services.
  
• Advertising a property for lease on third party advertising platforms including Realestate.co.nz, Trademe.co.nz, OneRoof.co.nz, Facebook, Trovit and Homes.co.nz.
  
• Facilitating a tenancy application process by prospective tenants to property owners advertising their premises for lease. This includes the disclosure of personal information that allows credit checks, tenancy history checks, personal checks, employment checks, and identity checks about prospective tenants to be conducted by myRent on behalf of property owners by disclosing information to third party reporting agencies.
  
• Facilitating the management of a tenancy managed through the myRent website and associated services.
  
• For administrative, marketing, planning, product development, and research purposes of myRent.
  
• To keep myRent’s records up to date regarding any user.
  
• Any purpose necessary or reasonably incidental to the provision of access to the website and associated services to you, which may include marketing or promotional purposes.
  
• Enhancing, improving, or fixing the website or associated services.
  
• Communicating with you by any means, including email, telephone, text message, or post.
• Verification of the identity of any user.
  
• Investigation of any users use of of the website or associated services if myRent suspects that you are in breach of the Terms of Use or this policy, or have engaged in any unlawful activity.
  
• If required or permitted to do so by any law.
  

iii. By using the website and disclosing personal information to myRent, you understand and agree that provision by you to myRent of requested information is necessary for you to make use of the website and the associated services and that failure to provide all requested information may mean that you are not able to fully utilise the website and associated services, or utilise the website and associated services to any extent. Further, you agree that any personal information disclosed by you to myRent is given of your own volition.

b. Information Collected by myRent

i. myRent may collect the following information from you as a user:

• Contact Details

  • Email
    
  • Name
    
  • Phone number(s) (landline and mobile)
    
  • Personal address
    

• Payment and Financial Details

  • Bank account details
    
  • Credit card details
    
  • Debit card details
    

• Tenancy Details

  • Address of rented property
    
  • Phone number(s) (landline and mobile)
    
  • Rental amount
    
  • Bond amount
  • Tenancy dates
  • Date of birth
  • Identification document details (passport, drivers licence, Kiwi Access card)
  • Conditions of Residential Tenancy Agreements
  • Photos, documents, videos, and others descriptions as part of condition reports and property inspections
    
  • Bond registration details
    

• Property Advertising Details

  • Photos and descriptions for advertising property
    
  • Name, contact details (as above), photos, and premises descriptions
    

• Tenancy Application Details

  • Name and contact details (as above) of prospective tenants making an application to lease a premises
    
  • Information necessary for myRent to disclose to third parties to conduct credit checks on prospective tenants
    
  • Information necessary for myRent to disclose to third parties to conduct tenancy background check on prospective tenants including contact details for previous landlords or agent and whether the prospective tenant has had a tribunal decision made against them
    
  • Information necessary for myRent to disclose to third parties to conduct employer checks on prospective tenants, including contact details for employers or accountants (if self-employed)
    
  • Information necessary for myRent to disclose to third parties to conduct identity checks on prospective tenants

• Website User Information

  • Cookies
    
  • Monitoring of website user behaviour
    
  • IP address
    
  • Device information (type of device and software website accessed from)
    

ii. The information listed above is not an exhaustive list of information that myRent may collect from you as a user. You understand that as the website and associated services offered to users develops and changes over time, it may become necessary for myRent to request and collect further personal information. You agree that any such information is provided to myRent by you at your own volition.

c. Sources of Information

i. Subject to other provisions of this policy, myRent will only collect personal information about a particular individual directly from that individual, unless otherwise permitted or required to collect information from another source by law.

ii. myRent may collect personal information from a third party in the following circumstances:

• Where a property owner, tenant, or prospective tenant holds personal information about a tenant, landlord, or prospective tenant with whom they have a tenancy or proposed tenancy that is managed or will be managed through the myRent website and associated services.
  
• Where the relevant individual authorises myRent to collect personal information from a third party, including authorising myRent to conduct credit checks, tenancy history checks, or reference checks.
  
• Any other circumstance permitted by law.
  

d. Notice to User of Various Matters required in Privacy Principle 3

As required by Privacy Principle 3 in the Privacy Act 2020, myRent hereby gives notice of the following matters regarding the collection of personal information:

i. You understand that myRent will collect your personal information as per this policy.

ii. You understand that myRent will collection your personal information for the purposes listed in this policy.

iii. You understand that myRent (and its officers, agents, and employees) is the main recipient of your personal information, but that myRent may also disclose your personal information to third parties as per this policy.

iv. You understand that myRent will collect and hold your personal information and that the registered office address of myRent is: 4 Ash Street Christchurch Central Christchurch 8011 New Zealand

v. You understand that it is necessary for myRent to collect your personal information in order for you to make use of the website and associated services, and that failure to provide requested information may mean that you are not able to make full use of the website and associated services.

vi. You understand that, as per this policy, you have the right to access and request correction of personal information disclosed to and held by myRent, and to ask for it to be corrected if you think it is wrong. If you’d like to ask for a copy of your information, or to have it corrected, please contact us at hello@myrent.co.nz.

3. Storage of Personal Information

i. myRent has in place reasonable security safeguards, in the circumstances, to prevent the following happening to personal information disclosed to and held by myRent:

• loss of personal information
  
• unauthorised access, use, modification, or disclosure
  
• other misuse
  

ii. You understand and acknowledge that myRent cannot guarantee the absolute security of online transactions and communications. As a result, myRent does not accept responsibility or liability for loss of, misuse of, or unauthorised access to any personal information when the security of that information is not under the control of myRent.

4. Disclosure of Information

a. Disclosure to Other Users

i. You understand and acknowledge that in order for the website and the associated services to function fully and properly, it is necessary for some of your personal information to be disclosed to other users of the website. Any such disclosure shall be made according to this policy. You understand and consent to such disclosure by using the website and associated services. Such disclosure is taken to fall within the purposes of collection of information listed above.

ii. Your personal information may be disclosed to other users under the following circumstances:

• As a prospective tenant who applies to lease an advertised property, your personal information will be disclosed to the property owner for the purposes of assessing your tenancy application.
  
• As a prospective tenant who applies to lease an advertised property, your personal information will be disclosed to other co-tenants for the purposes of completing the tenancy application.
  
• As a property owner or tenant who are parties to a residential tenancy agreement managed through the myRent website and associated services, your personal information will be disclosed to the other party to that agreement for the purposes of managing that tenancy.
  

By using the website and associated services, you consent to such disclosure.

iii. The extent of personal information disclosed as between users is limited to that information that is reasonably necessary for the purpose of the disclosure.

iv. The following personal information will never be disclosed to another user, unless you disclose that information to another user or specifically authorise such disclosure:

• credit card details
  
• bank account details
  
• website user information
  

b. Disclosure to Third Parties

i. You understand that myRent may also disclose your personal information to myRent’s related bodies corporate and associated entities. Any such body corporate or associated entity is bound by this policy in its collection, use, management, storage, and disclosure of your personal information. By using the website and associated services, you consent to such disclosure.

ii. You understand that myRent may further disclose your personal information to the third parties listed below. By using the website and associated services, you consent to such disclosure.

• Any New Zealand government authority or entity tasked with management, regulation, supervision, or other function related to or involving residential tenancy agreements or other residential rental matters.
  
• Any third party that is engaged by myRent to perform functions or provide services on behalf of myRent. This includes agencies or entities that conduct functions or services including, but not limited to, credit checks, personal background checks, tenancy history checks, identity checks, employment checks and other tenant reference checks.
  
• Any third party that is an agent, business partner, or joint venture entity of myRent.
  
• Any law enforcement authority, relevant authority, internet service provider, or network administrator if myRent suspects that you have breached the Terms of Use or this policy or if myRent suspects that you have engaged in any unlawful activity.
  
• A buyer or prospective buyer of all or part of myRent’s business.
  
• Any entity for the purpose of preparing for a listing of myRent (or any part thereof) for sale.
  
• To any entity as is required or permitted by law.
  

iii. The extent of personal information disclosed to third parties is limited to that information that is reasonably necessary for the purpose of the disclosure.

c. Statement and Acceptance

myRent uses Centrix, illion Tenancy, Equifax and Cloudcheck to conduct various checks on prospective tenants applying to let a property advertised on the website and associated services. The following statement is to make prospective tenants aware of how the information they disclose as part of a tenancy application will be used.

Statement

• This application form collects personal information about you. You have a right to see the information held about you by any credit bureau or tenant database and to correct that information in accordance with the Privacy Act.
  
• Failure to supply all the information in this form (other than Drivers Licence and/or passport info) may be detrimental to your tenancy application. The voluntary supply of Drivers Licence and/or passport information may be checked with Cloudcheck and Centrix.
  
• This information is required for the purpose of assessing your eligibility as a tenant, record keeping within our office.

Acceptance

• You (tenant) consent to myRent making any type of reference, identification verification and/or credit check.
  
• You (tenant) consent to myRent providing the information in your application and details of any breach of my tenancy agreement or of the Residential Tenancies Act 1986 to any credit reporter. This information may then be made available to authorised people through credit reporters or identification verification service providers. This information is subject to the Credit Reporting Privacy Code 2004, the Privacy Act 2020, Identity Information Confirmation Act 2012 or other statutory powers granted to Governmental agencies.
  

d. Other Disclosure

myRent will not disclose to any other user the content or source of any complaint (or other feedback) made against another user by you when that complaint (or other feedback) is made to myRent. This does not include complaints or feedback communicated by you directly to another user, whether through the myRent website and associated services or by a different means.

5. Overseas Disclosure

a. General

i. You understand and acknowledge that it may be necessary for myRent to disclose your personal information to entities that are located outside of New Zealand in order to store your personal information.

ii. By using the website and associated services, you consent to myRent disclosing your personal information to entities located overseas for the purpose of storing that information.

iii. myRent will apply its best efforts to determine whether entities located outside New Zealand to whom personal information is disclosed meet the requirements of New Zealand privacy law. However, myRent does not guarantee whatsoever or in any way that any such entities located outside New Zealand comply with or meet the requirements of New Zealand privacy law.

iii. You further understand that when personal information is disclosed to entities located overseas that myRent may not be in a position to know whether those entities comply with New Zealand privacy laws or that the laws in which that entity operates are substantially similar to New Zealand privacy laws.

b. Payment Details

i. If you make any payments to myRent using credit card or debit card, it will be necessary for Stripe to collect your credit card details in order to process your payment. Stripe will then disclose to myRent some of your credit card details, including:

• commencement month and year of card
  
• expiry month and year of card
  
• last 4 digits of your credit card number
  
• card type (e.g. Visa, MasterCard etc.)
  

ii. You understand that Stripe, as an entity located outside New Zealand may or may not be obliged to comply with New Zealand privacy law. By making payments to myRent using credit card or debit card, you consent to and accept this fact with full knowledge that Stripe may not be obliged to comply with New Zealand privacy law.

iii. You accept and consent to the fact that myRent will not be accountable to you with regards to the use or disclosure by Stripe of your personal information and there will be no grounds of redress for you against myRent in respect of such use or disclosure. Further, you also expressly accept and consent to the fact that you may not be able to seek redress under the laws of the country in which Stripe is located or in the country or place in which that personal information is subsequently or otherwise disclosed or accessed.

iv. You have the right to withdraw your consent to disclosure of your details to Stripe at any time by providing not less than 7 days’ prior written notice to myRent using the contact details provided below. If you withdraw your consent, you understand and accept that you may not be able to access and use the website and associated services if access and use is contingent upon payment.

c. Bank feeds

i. If you choose to connect your bank account to myRent using Bank feeds, it will be necessary for SaltEdge and/or Akahu to collect your banking credentials details in order to request one-off or ongoing access to accounts.

ii. You understand that SaltEdge, as an entity located outside New Zealand may or may not be obliged to comply with New Zealand privacy law. By connecting your bank account to myRent using Bank feeds, you consent to and accept this fact with full knowledge that SaltEdge may not be obliged to comply with New Zealand privacy law.

iii. You accept and consent to the fact that myRent will not be accountable to you with regards to the use or disclosure by Akahu and/or SaltEdge of your personal information and there will be no grounds of redress for you against myRent in respect of such use or disclosure. Further, you also expressly accept and consent to the fact that you may not be able to seek redress under the laws of the country in which SaltEdge and Akahu are located or in the country or place in which that personal information is subsequently or otherwise disclosed or accessed.

iv. You have the right to withdraw your consent to disclosure of your details to Akahu and/or SaltEdge at any time by disconnecting your bank feed and/or providing not less than 7 days’ prior written notice to myRent using the contact details provided below. If you withdraw your consent, you understand and accept that you may not be able to access and use the website and associated services if access and use is contingent upon ongoing access to your bank account.

6. Access and Right to Correct Personal Information

i. As a user, you have the right to access the website and associated services and contact myRent for confirmation whether myRent holds any personal information relating to you that can be readily retrieved by myRent.

ii. As a user, you have the right to access the website and associated services and contact myRent in order to gain access to personal information relating to you that can be readily retrieved by myRent.

iii. As a user, you have the right to access the website and associated services to correct or update your personal information on a ‘self-service’ basis where the website or associated services permits you to do so.

iv. As a user, you have the right to contact myRent to request that any personal information held by myRent relating to you be corrected or updated.

v. As a user, you have the right to request that myRent attach a statement to relevant information where you have a made a request for alteration but the alteration is not made.

vi. The right to correct and request to correct your personal information is subject to and should be read in conjunction with your obligations under the Terms of Use to provide correct and up-to-date personal details.

vii. You understand that by updating or correcting personal information held by myRent, you may adversely affect the ability or capacity for you and other users to utilise the website and associated services. You undertake to notify all other relevant parties of any update or correction of information that may affect those other relevant parties.

7. Emails and Notifications

i. As part of your use of the website and associated services, myRent will send you notifications, including (but not limited to) emails and text messages. The purpose of these notifications is to assist in your use of the website and associated services and the timely management of your tenancy or prospective tenancy as a property owner or tenant.

ii. You may ‘opt-out’ of such notifications by changing the settings on your account or by contacting myRent. However, you understand that notifications are an important feature of the website and associated services and that by opting out of receiving them you may significantly impair your efficient and timely use of the website and associated services.

iii. You understand that by disclosing your email and other contact details, you may also receive emails and other communications from myRent regarding topics and subject-matters not directly associated with your use of the website or associated services. If you wish to no longer receive such emails or other communications, you may contact myRent or use the ‘unsubscribe’ link in any such email or other communication sent to you.

8. Website Tracking and Cookies

a. Website Tracking

i. myRent (including its related bodies corporate and associated entities) collects data with respect to your browsing activity on and use of the website and associated services. This data is aggregated and used for the purpose of improving the usability of the website and associated services for you and for other users.

ii. Though data collected from website tracking is aggregated, it may be associated with your personal information if you have an Account or if you register for an Account in the future. Any collection, use and disclosure, storage of, and access to, that data (if it is associated with your personal information) will be in accordance with this Privacy Policy. myRent will not provide that data to any third parties in a way which will enable them to personally identify you.

b. Cookies

i. myRent may use cookies on the website and associated services for two purposes:

• To provide you with a better user experience.
  
• To gather statistical information about user visits to the website.
  

By using the website and associated services, you consent to the use of cookies and the collection of information by myRent from any such cookies.

ii. Cookies are small data files that are downloaded onto your computer or internet browsing device when you visit a particular website. You can disable cookies by turning them off in your browser settings. You understand, however, that some areas of the website may not function properly or fully for you if you disable cookies.

9. Privacy of Other Users in Your Use of Website

i. As a user of the website, you understand and agree that some of your personal information may be disclosed to other users as is necessary for the functioning of the website and use of the associated services.

ii. As a user of the website, you understand and acknowledge that when your personal information is disclosed to other users of the website, those other users assume complete responsibility for use, storage, and any further disclosure of that information. As such, myRent does not accept any liability or responsibility for any loss or other damage you may incur as a result of improper disclosure or misuse of your personal information by another user who has received access to that information as part of the normal use of the website and associated services.

iii. As a user of the website, you understand that you may receive personal information regarding other users of the website and associated services as part of the functioning of the website and associated services.

iv. As a user who receives personal information regarding other users, you understand and acknowledge that you may owe legal duties and obligations regarding the storage, use, and disclosure of that information under New Zealand law, including (but not limited to) the Privacy Act 2020 or arising at common law or in equity.

v. As a recipient of personal information, you understand and acknowledge that it is your sole responsibility to determine the nature and extent of any legal duties or obligations you may owe regarding the personal information of other users. myRent does not accept any responsibility or liability that you may incur as a result of your failure to fulfil any such duties or obligations.

10. myRent Contact Details

If you have any inquiries, queries, or concerns regarding your privacy or personal information, please contact myRent using the details below.

myRent.co.nz Support Team hello@myrent.co.nz