10. OVERSEAS DISCLOSURES AND CLOUD SERVICES
We may store and process personal information using third-party cloud providers or other service providers located in New Zealand and/or overseas (for example, Microsoft 365, Google services, or other SaaS tools whose servers may be in Australia, the US, Europe or other locations).

Where we disclose personal information to parties located outside New Zealand, we will comply with Information Privacy Principle 12, which regulates cross-border disclosures. In practice, this means that before making an overseas disclosure, we will take reasonable steps to ensure that:

• The receiving party is subject to privacy laws that, overall, provide comparable safeguards to the Privacy Act 2020; or
• We are satisfied the receiving party is contractually required to protect the information in a way that, overall, provides comparable safeguards; or
• An exception applies (for example, you have expressly authorised the disclosure after being informed that the information may not receive equivalent protection overseas).

12. YOUR RIGHTS: ACCESS AND CORRECTION
You have the right to:

• Request confirmation of whether we hold personal information about you
• Access that personal information (with some legal exceptions)
• Request correction of any personal information you believe is inaccurate, incomplete or misleading. 

To exercise your rights, please contact the Privacy Officer. We may need to verify your identity before responding. In some cases, we may be entitled to refuse your request in accordance with the Privacy Act (for example, where disclosure would breach another person’s privacy or legal privilege). If so, we will explain the reasons for refusal where we are legally permitted to do so.

13. NOTIFIABLE PRIVACY BREACHES
The Privacy Act 2020 requires us to notify the Office of the Privacy Commissioner (OPC) and affected individuals if we experience a privacy breach that has caused, or is likely to cause, serious harm (a “notifiable privacy breach”). We will:

• Take steps to contain and assess the breach
• Determine whether it is notifiable under the Act
• Notify the OPC and affected individuals where required
• Take steps to mitigate any harm and reduce the likelihood of recurrence.

1. PURPOSE
This Privacy Policy explains how Monsellier Law Limited (trading as Monsellier Law Employment & HR) (“we”, “us”, “our”) collects, uses, discloses and protects personal information in the course of our business in New Zealand. We are required to comply with the Privacy Act 2020 and its 13 Information Privacy Principles (IPPs), which regulate the collection, storage, use, disclosure, access and correction of personal information. 

This Privacy Policy is intended to meet our transparency obligations under Information Privacy Principle 3, including telling you what we collect, why, how we use it, who we share it with, and how you can access or correct it. 

By engaging with us or using our services, you acknowledge that you have read and understood this Privacy Policy.

2. PRIVACY OFFICER 
We have appointed a Privacy Officer in accordance with the Privacy Act 2020.

Our Privacy Officer, David Monsellier, is responsible for overseeing our privacy compliance and responding to privacy queries and complaints. 

To contact our Privacy Officer:
Email: [email protected]
Mobile: 0064 21 044 8704
Address: Unit 1D, 331 Rosedale Road, Rosedale, Auckland 0632 
Website: www.monsellierlaw.com

3. SCOPE
This Privacy Policy applies to personal information that we collect about:

• Clients and prospective clients
• Employees, contractors and job applicants
• Website visitors and people who interact with us online (including social media)
• Business contacts and referrers (e.g. HR consultants, accountants, lawyers, suppliers, event attendees)
• Any other individuals whose personal information we handle in connection with our legal and HR advisory services.

This Privacy Policy does not limit or exclude any rights you have under the Privacy Act 2020 or any other New Zealand law.

4. WHAT IS “PERSONAL INFORMATION”?
“Personal information” means any information about an identifiable individual. This includes information that can directly identify you (e.g. your name, email address) or that can be combined with other information to identify you. 

In our work (especially in employment and HR matters), this may include more sensitive information such as personal details, health information, disciplinary records, or information about complaints or disputes. We treat such information with a higher level of care.

5. PERSONAL INFORMATION WE COLLECT
The type of personal information we collect will depend on your relationship with us and the matter we are dealing with, but may include:

5.1  CONTACT AND IDENTIFICATION DETAILS

• Name, job title, organisation
• Postal and physical address
• Email address and phone numbers
• Date of birth and other identifiers where relevant to a legal matter
• Proof of identity (e.g. passport, driver licence) where required by law or professional standards (e.g. AML/CFT or client due diligence, if applicable).

5.2 CLIENT AND MATTER INFORMATION

• Instructions, correspondence, documents and file notes relating to legal or HR matters
• Employment information (e.g. employment agreements, performance and disciplinary records, payroll information relevant to a dispute, leave records)
• Settlement agreements, court or tribunal documents, mediation notes (where applicable)
• Information gathered from third parties (e.g. employers, employees, referees, doctors, witnesses, other advisers) with appropriate authority or as permitted by law.

5.3 WEBSITE AND ONLINE INTERACTION INFORMATION

• IP address, device identifiers and browser type
• Pages visited on our website, links clicked, and time spent
• Information collected via cookies and similar technologies (see section 8)
• Information you provide via online forms (e.g. enquiry forms, event registrations, newsletter sign-ups).

5.4 MARKETING, EVENTS AND RELATIONSHIPS

• Your marketing preferences and communication history
• Attendance at our seminars, webinars or events
• Feedback and survey responses.

5.5 EMPLOYMENT AND CONTRACTOR INFORMATION

• CV, cover letter and application details
• Interview notes and reference checks
• Contracts, payroll information, performance records and other HR data (for our own workforce).

We will only collect personal information that is necessary for lawful purposes connected with our functions or activities, consistent with Information Privacy Principle 1. 

6. HOW WE COLLECT PERSONAL INFORMATION
We collect personal information in various ways, including:

• Directly from you, for example when you:
• - Instruct us or engage our servicesMeet or communicate with us (in person, by phone, email, video call or another digital channel)
• - Fill in a form on our website or social media
• - Register for or attend an event, webinar or workshop
• - Apply for a job or a contractor role with us.

• From third parties, where permitted or required by law, for example:
• - Your employer or former employer, if we are acting in an employment matter
• - Other professional advisers or referrers
• - Publicly available sources (e.g. Companies Office, LinkedIn, court or tribunal decisions)
• - Government agencies, regulators, or dispute resolution bodies in the course of a matter
• - Referees, if you are an applicant for a role.

• Automatically, when you use our website or digital services, through:
• - Cookies, logs and analytics tools (e.g. Google Analytics or similar) which collect usage and technical data. 

Where we collect personal information from someone else, we will take reasonable steps to ensure you are aware of that collection and the other matters required by Information Privacy Principle 3, unless an exception applies (for example, if it would prejudice the purpose of collection or is not reasonably practicable). 

7. PURPOSES FOR WHICH WE COLLECT, USE AND DISCLOSE PERSONAL INFORMATION
We may collect, use and disclose your personal information for the following purposes:

• Providing our services
• - To assess whether we can act for you (including conflict checks)
• - To provide legal, HR and related advisory services
• - To communicate with you and manage our relationship with you
• - To manage files, court/tribunal processes, settlement discussions and negotiations

• Business operations and administration
• - To manage our internal operations (e.g. billing, accounting, file management, IT, training, quality assurance)
• - To enforce our terms of engagement and manage risk, claims and complaints
• - To comply with our professional, ethical and regulatory obligations.

• Compliance and risk management
• - To comply with New Zealand laws, court or tribunal orders, and requests from regulators
• - To prevent, detect and investigate fraud or other unlawful activity
• - To manage potential or actual conflicts of interest, professional liability and insurance.
• - Marketing and relationship management
• - To send you updates, newsletters, event invitations and other information we think may be relevant or helpful to you
• - To personalise and improve our communications and website

• Recruitment and HR
• - To assess job and contractor applications
• - To manage our workforce and comply with employment and health and safety obligations.

• Any other purpose notified to you at the time of collection, or otherwise permitted or required by law.

We will not use personal information for purposes that are materially different from those described above unless we are permitted or required to do so under the Privacy Act (for example, with your consent, or where an exception in the IPPs applies). 

8. COOKIES, ANALYTICS AND DIGITAL TOOLS
Our website may use cookies and similar technologies to:

• Recognise your device and tailor your experience
• Monitor and analyse website usage and performance
• Improve our content, layout and services
• Support digital marketing and remarketing (where used).

Cookies are small text files placed on your device. You can change your browser settings to disable cookies or to alert you when cookies are being sent. However, some parts of our website may not function properly if cookies are disabled. Guidance from New Zealand government digital standards supports using only the data necessary for stated purposes and clearly explaining cookie use in privacy statements. 

We may use third-party analytics providers (e.g. Google Analytics or similar) to help us understand how visitors use our website. These providers may use cookies and other technologies to collect information such as your IP address and device identifiers.

9. DISCLOSING YOUR PERSONAL INFORMATION
We may disclose your personal information to:

• Our clients or their representatives, where reasonably necessary to provide our services (and subject to our professional obligations, including privilege and confidentiality)
• Courts, tribunals, regulators and dispute resolution bodies, where necessary to represent you or comply with legal obligations
• Other professional advisers or experts involved in your matter (e.g. barristers, accountants, HR specialists, medical professionals, mediators)
• Service providers and suppliers who support our business (e.g. IT and cloud service providers, document management providers, marketing and communication providers, accountants, auditors and insurers)
• Third parties involved in business transactions, where we restructure, sell, or transfer part of our business or assets, subject to confidentiality protections
• Any person you have authorised to disclose your information to
• Any other person or organisation where disclosure is permitted or required by law (for example, to prevent or lessen a serious threat to someone’s health or safety, or to avoid prejudice to the maintenance of the law). 

We will not sell your personal information to third parties.