Privacy Policy

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Privacy Policy of Jayden Capital Limited

Jayden Capital Limited will endeavor to use all reasonable efforts to protect the privacy of an individual’s personal information and to comply with any obligations imposed on them by the Privacy Act 2020 (“Act“) and the New Zealand Information Privacy Principles (“IPP“).

In compliance with the Act, IPP and other regulations, Jayden Capital Limited will take reasonable steps to:

Collect, hold, store, manage, use and disclose personal information in a lawful, fair and transparent manner.
Protect the confidentiality and privacy of personal information collected or held by the company through the implementation of appropriate storage and security measures.
Enable individuals to access and seek correction of their personal information.
Provide an internal mechanism for complaints about breaches of the Act, IPP or this Privacy Policy.
Notify the Privacy Commissioner any privacy breach that poses a risk of serious harm to an affected individual.

Jayden Capital Limited will make this Privacy Policy available to all clients, customers, individual’s representatives, Jayden Capital Limited’s related entities, authorities such as regulators, government agencies, courts or the police, fraud bureaus, credit reference and debt recovery agencies, external dispute resolution scheme, brokers and referrers and any other person to whom it may be relevant in connection with the business.

Collection of Personal Information

Jayden Capital Limited may collect information about you:

– when you use our websites and any other official link of Jayden Capital Limited such as Facebook, Instagram, Linkedin Page.

– when you apply for a loan.

– To assist Jayden Capital Limited to assess your loan application, Jayden Capital Limited may collect personal information from other sources with a third party for example, but not limited to, your banks,agents, brokers, dealers and employers.

– when you enter into any promotions or competitions organised through Jayden Finance Limited

– The types of information that Jayden Capital Limited collects will depend on the circumstances of the individual’s involvement or contact with Jayden Capital Limited.

Use and Disclosure of Personal Information

When you provide us with your personal information, you are consenting to our use of such information.

Jayden Capital Limited may use or disclose an individual’s personal information for the purpose related to the purpose for which it was originally collected.

Right to Request Access to Information

Where Jayden Capital Limited holds personal information regarding an individual, an individual is entitled to request access to that information.

Individuals will be required to provide proof of identity before information is released.

If Jayden Capital Limited is satisfied that the information is inaccurate, incomplete, irrelevant or misleading, it will take reasonable steps to correct the information.

Credit Reporting

The Credit Reporting Privacy Code 2020 permits credit providers like Jayden Capital Limited to share information with credit reporting agencies, on an ongoing basis. Therefore, when the individual is a borrower or a guarantor on another individual’s loan application, Jayden Capital Limited may assess that individual’s credit worthiness and ability to make repayments under the loan agreement. As part of the credit assessment, Jayden Capital Limited shall request a credit report about the individual from the Credit Reporting Body.

Right to Make a Complaint

Where an individual believes that Jayden Capital Limited has breached the Act, the IPP or this Privacy Policy in its collection, holding, management, storage, use or disclose of that individual’s personal information, the individual is able to make a complaint about the matter.

Applicable Law

This Privacy Policy is governed by New Zealand law. Your personal information will be collected, used, stored, shared and retained in accordance with this Privacy Policy and New Zealand law. The courts of New Zealand have nonexclusive jurisdiction.

3.4 Notification of Collection

Where Jayden Capital Limited intends to collect, or has collected personal information regarding an individual, Jayden Capital Limited will take all reasonable steps to notify or make the individual aware of:

Jayden Capital Limited’s identity and contact details.
The purpose for which the information is or was collected.
The main consequences (if any) for the individual if all or some of the information is not collected by Jayden Capital Limited.
The identity of other entities or persons to whom Jayden Capital Limited usually discloses information, of the kind collected, to.
This Privacy Policy (in particular the sections regarding how to access and seek correction of information held by Jayden Capital Limited and how to make a complaint about an alleged breach of the IPP).
Whether Jayden Capital Limited is likely to disclose the information to overseas recipients and if practicable to specify the countries in which such recipients are likely to be located, in the notification or by otherwise making the individual aware of those countries.
Where the information has been collected from someone other than the individual, or the individual may not be aware that Jayden Capital Limited has collected the information – the fact that Jayden Capital Limited has collected the information and the circumstances of that collection.
Where the collection of the information is required or authorised by Courts the fact that the collection is so required or authorised, and the name of the law or details of the order that requires or authorises the collection.
Whether Jayden Capital Limited is likely to disclose the information to its related entities and if practicable to specify the identity and contact details of Jayden Capital Limited’s related entities to whom the information will be disclosed, in the notification or by otherwise making the individual aware of those entities.

Jayden Capital Limited will take the above steps at, or before, the time of collection or otherwise as soon as reasonably practicable after the collection of the personal information.

4. Use and Disclosure of Personal Information

4.1 Primary Purposes

Jayden Capital Limited may use or disclose an individual’s personal information for the purpose related to the purpose for which it was originally collected (“primary purposes“).

Examples of primary purposes of use and disclosure include:

To assess whether to give the individual a particular product or service.
To determine the extent of Jayden Capital Limited’s market risk with an individual.
To provide customer support, including contacting the individual to help with online applications.
To enable Jayden Capital Limited to comply with any New Zealand or overseas laws, rules or regulations.
To conduct market research and analysis about Jayden Capital Limited’s brand, offers, products or services either itself or using service providers.

4.2 Secondary Purposes

Where Jayden Capital Limited holds personal information about an individual that was collected for a particular purpose, the company will not use or disclose that information for another purpose unless:

The individual has consented to the use of their personal information for the secondary purpose.
The individual would reasonably expect Jayden Capital Limited to use or disclose the information for the secondary purpose and the secondary purpose is related to the primary purpose (for example, Jayden Capital Limited may use or disclose personal information to protect the security or integrity of the business or for the purposes of a joint venture, collaboration, financing, sale, merger, reorganisation, change of legal form, dissolution or similar event).
The use or disclosure of the information is required or authorised by Courts or law.
Jayden Capital Limited reasonably believes that the use or disclosure is reasonably necessary for one or more enforcement related activities conducted by, or on behalf of, an enforcement body.
To protect the security or integrity of Jayden Capital Limited’s business.
For the purposes of a joint venture, collaboration, financing, sale, merger, reorganisation, change of legal form, dissolution or similar event.

4.3 Use by Related Entities

Jayden Capital Limited’s related entities may use the personal information that Jayden Capital Limited holds. Jayden Capital Limited shall make all reasonable steps to notify or make the individual aware that his, her or their personal information will be accessed to and used by Jayden Capital Limited’s related entities.

5. Cross Border Disclosure

5.1 Likelihood

Jayden Capital Limited may from time to time disclose personal information to overseas recipients, for example, Jayden Capital Limited’s foreign related entities offshore customers, IT providers and/or its foreign legal or other advisers.

5.2 Requirements

Subject to the exceptions set out below, before disclosing the information to an overseas recipient, Jayden Capital Limited must:

Inform the individual and obtain express authority from an individual.
Conduct due diligence on the overseas company that Jayden Capital Limited may share its customers’ personal information with.
Ensure that the information will be protected by safeguards comparable to the Act, the IPP or regulations.
Take all reasonable steps to ensure that the disclosure does not breach the Act, the IPP or regulations.

The above requirements will not apply where:

The personal information is transferred to an offshore data processor (e.g. a cloud storage provider); or
Jayden Capital Limited reasonably believes the disclosure is required or authorised by Courts. or laws.

6. Storage and Destruction

6.1 Quality Check

Jayden Capital Limited aims to ensure that the personal information it collects, holds, uses and discloses is accurate, complete and up-to-date.

Jayden Capital Limited or its customers should contact each other if one believes that the personal information that Jayden Capital Limited holds about them is not accurate, complete or up-to-date.

6.2 Security Measures

Jayden Capital Limited shall be committed to keeping personal information secure. To this end, Jayden Capital Limited will arrange a range of physical and electronic data security measures and take all reasonable steps to ensure that personal information held by them is protected from misuse, interference, loss, unauthorised access, modification or disclosure, including appropriate physical, technical and organisational security measures designed to safeguard and secure any information the individual
provided to Jayden Capital Limited.

Jayden Capital Limited’s security measures include, but are not limited to:

Training employees on their obligations with respect to personal information.
The use of encrypted files, firewalls, virus scanning tools and passwords to protect against unauthorised interference and access to electronically stored personal information.
Backup of electronic systems to protect against data loss.
The implementation of policies and procedures regarding the appropriate use of Jayden Capital Limited’s information and communication technology systems, databases and equipment (if any).
Security systems in relation to paper records.
Secure access to Jayden Capital Limited’s premises (if any).
Regular audits of security systems.
Requiring consultants, contractors and subcontractors to comply with the Act, IPP and this Privacy Policy.

6.3 Destruction

Jayden Capital Limited will retain information collected for the purpose of opening and operating a credit account (including information required for account management and payments of accounts) for the duration of its business relationship with a customer until the customer requests that the account is closed and for a period of time thereafter as required by applicable laws or where Jayden Capital Limited has a legitimate and lawful purpose.

Jayden Capital Limited will, where systems allow, endeavour to destroy or de-identify personal information that is no longer needed by them, as soon as practicable after Jayden Capital Limited ceases to need such information (provided that it is not required to retain it by law).

7. Access to Personal Information

7.1 Right to Request Access to Information

Where Jayden Capital Limited holds personal information regarding an individual, an individual is entitled to request access to that information.

7.2 Dealing with Requests

Where a request is made, Jayden Capital Limited shall endeavour to respond to the individual’s request and give access to the requested information within a reasonable time frame (generally within 15 business days). If the request takes longer than 15 business days, contact will be made with the individual to provide the anticipated time frame for responding to the request, and the explanation for the additional time required.

Individuals will be required to provide proof of identity before information is released.

7.3 Access Charges

Jayden Capital Limited may impose a charge on an individual for giving access to personal information. Such charges will not be excessive or unreasonable.

7.4 Refusing Requests

Jayden Capital Limited will not be required to grant an individual’s request to access personal information where:

The individual is not able to provide reasonable evidence of their identity.
Jayden Capital Limited reasonably believes that giving access to the information would pose a serious threat to the life, health or safety of any individual (or a public health or public safety).
Giving access would have an unreasonable impact on the privacy of other individuals.
The request for access is frivolous or vexatious.
The information relates to existing or anticipated legal proceedings between Jayden Capital Limited and the individual and would not be accessible by the process of discovery in those proceedings.
Giving access would reveal the intentions of the company in relation to negotiations with the individual in such a way as to prejudice those negotiations.
Giving access would be unlawful.
Jayden Capital Limited is required or permitted to deny access under laws.
Jayden Capital Limited has reason to suspect that unlawful activity, or misconduct of a serious nature, that relates to their functions or activities has been, is being or may be engaged in, and giving access would be likely to prejudice the taking of appropriate action in relation to that matter.
Giving access would reveal evaluative information generated within Jayden Capital Limited in connection with a commercially sensitive decision-making process.

Where a request is refused, Jayden Capital Limited will:

Provide the individual with a written notice setting out the reasons for the refusal; and
Consider ways in which the request could be granted that would still meet the needs of the individual and Jayden Capital Limited (for example, by disclosure to an agreed intermediary), unless it is unreasonable to do so in the circumstances.

8. Correction of Personal Information

8.1 Right to Correct Information

Where Jayden Capital Limited holds personal information regarding an individual, an individual is entitled to request access to that information.

8.2 Correcting Information

If Jayden Capital Limited is satisfied that the information is inaccurate, incomplete, out-of-date, irrelevant or misleading, it will take reasonable steps to correct the information.

Jayden Capital Limited may correct information even where there has been no request by the individual concerned.

8.3 Notification of Correction to Third Parties

If Jayden Capital Limited corrects personal information about an individual that Jayden Capital Limited has previously disclosed to another entity or person, and the individual requests Jayden Capital Limited to notify the other entity or person of the correction, Jayden Capital Limited will take all reasonable steps to comply with such a request (unless it is impracticable or unlawful to do so).

8.4 Refusing to Correct Information

If Jayden Capital Limited refuses to correct personal information following a request by an individual, Jayden Capital Limited will give the individual a written notice that sets out:

The reasons for the refusal.
The mechanisms available to complain about the refusal.
Any other matter prescribed by the regulations.

8.5 Request to Associate a Statement

If:

Jayden Capital Limited refuses to correct personal information as requested by the individual; and
The individual requests Jayden Capital Limited to associate with the information a statement of the correction sought but not made i.e. that the information is inaccurate, out-of-date, incomplete, irrelevant or misleading.

Jayden Capital Limited will take all reasonable steps to associate such a statement in a way that will make the statement apparent to users of the information.

9. Credit Reporting

– Type of credit account.

– Amount of credit extended (but not current balance).

– Status of account (e.g. open (including account open date).

– Details of credit provider i.e. the lender who provided the credit.

– Monthly reporting of repayment history (e.g. whether an account was paid on time.

– Changes in personal details such as address and contact details.

10. Complaints Handling

10.1 Right to Make a Complaint

10.2 Dealing with Complaints

In the event of a complaint made to Jayden Capital Limited, it will contact the complainant as soon as reasonably practicable to obtain further information in relation to the complaint and discuss the process that Jayden Capital Limited intends to adopt to investigate and resolve the complaint.

Jayden Capital Limited shall endeavour to investigate and resolve all complaints within a reasonable timeframe (generally within 14 days) and shall provide the complainant with a written response to their complaint following the completion of the investigation. If the response to a complaint takes longer than 14 days, contact shall be made with the individual to provide the anticipated time frame for responding and an explanation for the time frame required.

The response shall include the outcome of the investigation, any proposed action that Jayden Capital Limited intends to take because of the outcome and details of how to dispute the outcome of the investigation.

Jayden Capital Limited may use the information obtained through the complaint process to provide feedback to staff and improve the delivery of our services.

11. Mandatory Reporting of Serious Data Breaches

Under the Act, Jayden Capital Limited will be responsible for any privacy breach committed by anyone that Jayden Capital Limited has engaged for the collection, storage, use or disclosure of personal information undertaken by Jayden Capital Limited. Accordingly, it must notify the Privacy Commissioner and to the affected individual any privacy breach that poses a risk of serious harm to that individual as soon as practicable after Jayden Capital Limited becomes aware of the breach.

11.1 Privacy Officer

The managing director of Jayden Capital Limited shall appoint the Privacy Officer. The Privacy Officer does not have to be a stand-alone position.

The Privacy Officer is responsible for monitoring any privacy breach, assessing any likelihood of serious harm being caused by privacy breach and reporting such breach to the board of directors of Jayden Capital Limited immediately.

When the Privacy Officer is assessing whether a privacy breach is likely to cause serious harm to decide whether the breach is a notifiable privacy breach under the Act, the Privacy Officer must consider the following:

Any action taken by the Privacy Officer to reduce the risk of harm following the breach.
Whether the personal information is sensitive in nature.
The nature of the harm that may be caused to affected individuals.
The person or body that has obtained or may obtain personal information as a result of the breach (if known).
Whether the personal information is protected by a security measure.
Any other relevant matters.

11.2 Privacy Breach Handling Process

Subject to the exceptions set out below, if the Privacy Office in conjunction with the board of directors of Jayden Capital Limited determines that a privacy breach has occurred, Jayden Capital Limited must notify:

The Privacy Commissioner; and
The affected individual, as soon as practicable.

The notification to the affected individual will not apply if it would be likely to:

Prejudice the security or defence of New Zealand or the international relations of the Government of New Zealand.
Prejudice the maintenance of the law by any public sector agency, including the prevention, investigation, and detection of offences, and the right to a fair trial.
Endanger the safety of any person.
Reveal a trade secret.

11.3 Compliance With the Privacy Commissioner’s Directions

For serious or repeated breaches of the Act, the Privacy Commission can direct a business to comply with the Act, including directing a business to provide an individual with access to their personal information.

If Jayden Capital Limited is issued with a compliance notice by the Privacy Commissioner, it must take steps to comply with the notice, including remedying the breach by the date stated in the notice.

12. Applicable Law

13. Acceptance and Approval

This is to certify that this document, the Privacy Policy, is accepted and approved by Jayden Capital Limited.

The directors of Jayden Capital Limited are responsible for overall compliance with this policy and are committed to ensuring that this Privacy Policy is implemented and monitored in accordance with the Act and the IPP.