Introduction
Jasper provides investors with the opportunity to invest in financial products (as defined in the Financial Markets Conduct Act 2013) which would enable them to gain an economic exposure to commercial or industrial grade real estate through a fully digitised on-boarding and subscription process (the Platform). At Jasper, we respect the privacy rights of our users and recognise the importance of protecting the personal information we collect about you. This Policy is designed to outline the way in which we manage the personal information we hold about our investors, prospective investors, prospective employees, visitors to our websites and Platform, and how we comply with the Privacy Act 2020. This Policy applies to our Platform and our websites. We, us, our and Jasper are defined at the end of this Policy.
In this Policy, 'Personal Information' means information relating to an individual which can be used to identify that individual. 'Jasper', 'we', 'us' and 'our' means Jasper Property Limited (New Zealand company number 6575172), its subsidiaries (if any) and its related parties.
Why does Jasper collect personal information?
We collect personal information in order to create, manage and administer your user account, conduct our business, provide and market our services, and meet our legal obligations, including (but not limited to) in relation to our obligations under the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (AML/CFT Act), the Financial Markets Conduct Act 2013, as well as obligations under the Double Tax Agreements (United States of America—FATCA) Order 2014 (FACTA) and general tax regulation.
What kinds of personal information does Jasper collect?
In general, and depending upon the nature of your connection with Jasper, the type of personal information we collect and hold includes (but is not limited to):
your name, addresses, contact details, date of birth, place of birth, tax identification number, tax residency status and citizenship;
information about your bank account details and financial and personal circumstances, including your source of funds (in some cases evidence of this), and transactional and financial information relating to your user account;
in the case of prospective employees, occupation, employment history and/or details, education and qualifications, testimonials and feedback;
non-identifiable information relating to your use of the Platform and our websites, such as device-related information (browser type, internet protocol address) and server log information (date and time of day of your visit to the Platform and/or our websites and pages within the Platform and/or our websites that you accessed);
documents that verify your identity and other personal details; and
other information which assists us in conducting our business, providing and marketing our services and meeting our legal obligations.
In some cases, if personal information we request is not provided, it might adversely impact our ability to perform our obligations to you and your ability to use the Platform and/or our websites.
Jasper may collect information that is not personal information (i.e. it is not attributable to you individually). The purpose of this is to ensure Jasper can further develop existing services and investigate new services that enable Jasper to better assist with your requirements. If we do combine non-personal information with personal information the combined information will be treated as personal information.
Jasper may obtain and aggregate technical and other data about your use of our services, Platform and/or our websites that is non-personally identifiable with respect to you (Aggregated Anonymous Data). Jasper may use the Aggregated Anonymous Data to analyse, improve, support and operate the services, Platform and/or our websites and otherwise for any business purpose, including without limitation to generate industry benchmark or best practice guidance, recommendations or similar reports for distribution to and consumption by our users. For clarity, this does not give Jasper the right to identify you as the source of any Aggregated Anonymous Data.
Internet protocol addresses from where visitors appear to originate may be recorded for security and system diagnostic purposes. This information may also be used in aggregate form to conduct website trend and performance analysis.
How does Jasper collect personal information?
Except as otherwise permitted by law, we will collect personal information:
from you directly when you provide your details to us (including information that is provided to us in connection with your application to become an investor and details of transactions that are carried out through the Platform and/or our websites);
from you indirectly (through emails, forms, subscription applications, face-to-face meetings, interviews, business cards, telephone conversations and through the use of the services and facilities available through our websites and social media channels);
from third parties in some instances, for example:
we may use third parties to analyse traffic at our Platform, websites and social media channels, which may involve the use of cookies;
where a third party provides security-related services;
in some circumstances we might collect personal information about an individual from a third party (for example, an employment reference from another person and, including without limitation, for the purposes of our compliance with our anti-money laundering and sanctions compliance obligations);
from publicly available websites; and
in some instances, Jasper (or our service provider) may use cookies, web beacons and other technologies to automatically collect certain types of information when you visit us online or interact with us through emails that we may exchange.
In general, you are not required to submit any personal information to us. However, it will be necessary for you to provide certain personal information in order for us to create, manage and administer your user account, conduct our business with you, provide and market our services, meet our legal obligations, or if you wish to apply for a position with Jasper.
If you opt-in for particular services or communications, such as emails, you will be able to unsubscribe at any time by following the instructions included in each communication.
Links to other sites
Our Platform and websites may contain links or references to third party websites or material. Our Policy does not apply to those websites. As such, any information collected by such third parties is governed by that third party’s privacy practices or policies. We recommend that you check any relevant privacy policies before providing your personal information to any third party, and we accept no responsibility or liability for the content of privacy practices of any third party websites.
Cookies
A cookie is a data file that is sent to your browser from a web server and stored on your computer or device, then sent back to the server by your browser each time you access certain sections of the Platform and our websites.
Like many other websites on the internet, we use cookies to store and track information about you when you are on the Platform and our websites for the purposes of:
providing more customised content and material to you on the Platform that better matches your interests and needs;
security, (including helping us to identify you when you log in to your user account); and
business and marketing analysis.
This information may be retained in an anonymous or aggregated form after we have erased personal information that identifies you from our systems. You can choose to disable cookies via your device’s website browser settings. However, if you choose to reject cookies, you may not be able to use or access some features of the services that we offer.
Google Analytics
Jasper uses Google Analytics. You can find out more information about Google Analytics at: https://marketingplatform.google.com/about/analytics/terms/us/.
Management of personal information
We store your personal information in hard copy and electronically. To store your information electronically, we use service providers that are headquartered in the United States of America and your personal information may be collected, used, and stored in the United States of America and around the world. By providing us with your personal information, you are consenting to the transfer and/or storage of your personal information in this way.
We take reasonable steps to protect the security of personal information. Jasper’s personnel are required to respect the confidentiality of personal information and the privacy of individuals. We take reasonable steps to protect personal information held by us from misuse, interference and loss and from unauthorised access, modification or disclosure, for example by use of physical security and restricted access to electronic records. Despite our best efforts, security cannot be guaranteed. To the best of our ability, access to your personal information is limited to those who need to know. Individuals who have access to such data are required to maintain its confidentiality. Jasper has an established process to manage and respond to privacy breaches.
Where we no longer require your personal information, we will comply with our legal obligations in respect of that information. In some cases, we may be required by law to hold your personal information beyond the duration of our relationship with you. The period for which the information is retained will depend on the relevant law and specific nature and circumstances under which the information was collected.
How might Jasper collect, hold, use and disclose your personal information?
In general, we collect, hold, use and disclose your personal information for the following purposes:
to create, manage and administer your user account as agreed with you;
to review your eligibility to create or continue to use a user account with us;
to process your application to become an investor and other matters in connection with the operation of the Platform, our websites and your account including, without limitation, transfers, deposits, payments, generating reports and record keeping of investment portfolios;
to conduct our business and communicate with you;
to provide, market and help us manage and enhance our services to you;
to provide joint marketing initiatives with other service providers;
to engage third parties on your behalf;
to keep you informed of investments we consider may be of interest to you, unless you ask us not to provide you with this information;
to perform data analysis and market research;
to check your identity against governmental, and other, databases, including the National Register of driver licences;
to check your identity against databases maintained by the New Zealand Department of Internal Affairs (including birth or death information recorded under the Births, Deaths, Marriages, and Relationships Registration Act 1995, citizenship information recorded under the Citizenship Act 1977, and/or travel document information recorded under the Passports Act 1992);
to check your identity against the records of the Document Verification Service (and related databases) maintained and provided by the Commonwealth of Australia; to check your identity against other governmental databases;
to identify, prevent or investigate any actual or suspected fraud, unlawful activity or threats to our systems; and
to comply with our legal obligations, including (but not limited to) in relation to our AML/CFT Act obligations, including in relation to FACTA and general tax regulation.
In the case of some communications and interactions with our platform, we collect information that allows us to monitor recipient actions such as email open rates and user activity. We collect this information to gauge user interest and to enhance user experiences.
To whom might Jasper disclose your personal information?
We may disclose your personal information to:
your professional advisers, your authorised signatories and your agents;
other members of the Jasper group, including its subsidiaries (if any) and related parties;
other companies or individuals who assist us in providing services or who perform functions on our behalf (such as mailing houses, hosting and data storage providers and financial advisers), and other companies or individuals who perform checks that are necessary or desirable under law on our behalf;
other companies, agencies or individuals that maintain databases against which your identity may be verified, which may include (but is not limited to) the New Zealand Department of Internal Affairs, New Zealand Transport Agency, and the Commonwealth of Australia Document Verification Service;
our professional advisers (such as our lawyers who assist us to ensure we are complying with our legal obligations), and banks and other financial institutions as part of our obligations when paying or receiving funds on your behalf;
social media sites on which we have a presence, to the extent that you interact with us via a social media site. We limit interactions on social media sites that may disclose personal information to the private messaging functions of those sites, unless you otherwise request or give permission;
courts, tribunals and regulatory authorities for the purposes of making or responding to legal claims or proceedings and enforcing contractual arrangements;
anyone who assists us to identify, prevent or investigate fraud, unlawful activity, misconduct or threats to our systems;
third-parties, in the event Jasper is sold, transferred or assigned disclosure might be necessary for that sale, transfer or assignment, or as a result of the sale, transfer or assignment;
anyone else to whom you authorise us to disclose it; and
where we are required to do so by law.
Some of these organisations may be located in the United States of America and use storage technology that is located around the world. If you are in Australia, your personal information may be disclosed to our related parties in New Zealand.
At no time will Jasper sell your personal information to any third parties or transfer your personal information to any third parties, for a use not related to the provision or marketing of our products and services.
General Data Protection Regulation
The General Data Protection Regulation (GDPR) came into effect on 25 May 2018. The GDPR applies to residents of the European Union. Under the GDPR, the term ‘Personal Data’ is used in the place of ‘Personal Information’. Where you are a resident of the European Union or United Kingdom, you could have additional rights under the GDPR in respect of your personal information. Please contact us if you have questions around this.
Access to and correction of your personal information
You can access some of your personal information that we collect through the Platform by logging into your user account. You may request access to other personal information that we hold about you by contacting us on [email protected].
You may request that we correct factual errors in your personal information by sending us an email request that shows the error(s) to [email protected]. To protect your privacy and security, we may also take reasonable steps to verify your identity before granting access or making corrections. We may refuse access to or correction of your information for any reason of refusal permitted by law. You may also request that we delete your data in certain circumstances.
Complaints
If you have any questions about privacy-related issues or wish to complain about the handling of your personal information by us, please contact our Privacy Officer at [email protected]. We may ask you to lodge your complaint in writing. Any complaint will be investigated by the Privacy Officer and you will be notified of the decision in relation to your complaint as soon as practicable after it is made, usually within 20 working days.
If we are unable to satisfactorily resolve your concerns about our handling of your personal information, you can contact:
if you are in New Zealand, the Office of the Privacy Commissioner at: PO Box 10-094, The Terrace, Wellington 6143, phone 0800 803 909, http://privacy.org.nz/; or
if you are in Australia, the Office of the Australian Information Commissioner (OAIC) via the OAIC website, www.oaic.gov.au.
Address details of Jasper
The address of Jasper, as the person collecting and holding your personal information, is:
Level 5
10 Viaduct Harbour,
Auckland
New Zealand
1011
Updates to this Policy
This Policy will be reviewed from time to time to take account of new laws and technology, changes to our operations and practices and the changing business environment.
The most current version of this Policy is located at www.jasper.io and a free copy can be requested by contacting our Privacy Officer at [email protected].
Last updated: 28 April, 2022