1. Definitions and Interpretation

In this Policy the following terms shall have the following meanings: 

“Account” means an account required to access and/or use certain areas and features of our site;

“Cookie” means a small text file placed on your computer or device by our website when you visit certain parts of our site and/or when you use certain features of our site. Details of the Cookies used by our site are set out in Part 14, below; and

“Cookie Law” means the relevant parts of the NZ Privacy Act 2020;

2. Information About Us

Our site is owned and operated by Flame Cambodia, a charity registered in New Zealand under charity registration number CC53748. For more information please see https://www.register.charities.govt.nz/CharitiesRegister/Search

Registered address: PO Box 11513, Ellerslie, Auckland 1542, New Zealand

Address:

Cambodia address: PO Box 3412, Phnom Penh

Data Protection Officer: Email dpo@flamecambodia.org

We are regulated by Charities Services in New Zealand whose email address is info@charities.govt.nz

We are a member of Chab Dai.

Flame Cambodia has chosen to adopt data protection regulations of New Zealand; for more information please email the DPO above. Where possible we attempt to upload the standards of the European Union General Data Protection Regulation (GDPR).

 3. What Does This Policy Cover?

This Privacy Notice applies only to your use of our site and when you engage with us in other ways. Our site may contain links to other websites. Please note that we have no control over how your data is collected, stored, or used by other websites and we advise you to check the privacy policies of any such websites before providing any data to them.

4. What Is Personal Data?

Personal data is ‘is any information which tells us something about a specific individual.’

Personal data is, in simpler terms, any information about you that enables you to be identified. Personal data covers obvious information such as your name and contact details, but it also covers less obvious information such as identification numbers, electronic location data, and other online identifiers.

5. What Are My Rights?

Under the Data Protection Legislation, you have the following rights, which we will always work to uphold:

a) The right to be informed about our collection and use of your personal data. This Privacy Notice should tell you everything you need to know, but you can always contact us to find out more or to ask any questions using the details in Part 15.

b) The right to access the personal data we hold about you. Part 13 will tell you how to do this.

c) The right to have your personal data rectified if any of your personal data held by us is inaccurate or incomplete. Please contact us using the details in Part 15 to find out more.

d)The right to be forgotten, i.e. the right to ask us to delete or otherwise dispose of any of your personal data that we hold. Please contact us using the details in Part 15 to find out more.

e) The right to restrict (i.e. prevent) the processing of your personal data.

f) The right to object to us using your personal data for a particular purpose or purposes.

g) The right to withdraw consent. This means that, if we are relying on your consent as the legal basis for using your personal data, you are free to withdraw that consent at any time.

h) The right to data portability. This means that, if you have provided personal data to us directly, we are using it with your consent or for the performance of a contract, and that data is processed using automated means, you can ask us for a copy of that personal data to re-use with another service or business in many cases.

i) Rights relating to automated decision-making and profiling.

For more information about our use of your personal data or exercising your rights as outlined above, please contact us using the details provided in Part 15.

It is important that your personal data is kept accurate and up to date. If any of the personal data we hold about you changes, please keep us informed as long as we have that data.

Further information about your rights can also be obtained from:

New Zealand - Office of the Privacy Commissioner https://www.privacy.org.nz/

If you have any cause for complaint about our use of your personal data, you have the right to lodge a complaint with your local Supervisory Authority.

We would welcome the opportunity to resolve your concerns ourselves so please contact us first using the details in Part 15.

6. What Data Do You Collect and How?

Depending upon your use of our site, and other ways you choose to engage with us, we may collect and hold some or all of the personal data set out in the table below, using the methods also set out in the table. Please also see Part 14 for more information about our use of Cookies and similar technologies.

 7. How Do You Use My Personal Data?

Under the Data Protection Legislation, we must always have a lawful basis for using personal data. The following table describes how we may use your personal data, and our lawful bases for doing so:

With your permission and/or where permitted by law, we may also use your personal data for marketing purposes, which may include contacting you by email, telephone, text message, and post with information, news, and invitations to support the work by  donations and in other ways. You will not be sent any unlawful marketing or spam. we will always work to fully protect your rights and comply with our obligations under the NZ Privacy Act 2020, and you will always have the opportunity to opt-out. We will not share your personal data with third parties for marketing purposes.

We do not use automated systems for carrying out decision-making or profiling.

We will only use your personal data for the purpose(s) for which it was originally collected unless we reasonably believe that another purpose is compatible with that or those original purpose(s) and need to use your personal data for that purpose. If we do use your personal data in this way and you wish us to explain how the new purpose is compatible with the original, please contact us using the details in Part 15.

If we need to use your personal data for a purpose that is unrelated to, or incompatible with, the purpose(s) for which it was originally collected, we will inform you and explain the legal basis which allows us to do so.

In some circumstances, where permitted or required by law, we may process your personal data without your knowledge or consent. This will only be done within the bounds of the Data Protection Legislation and your legal rights

 8. How Long Will You Keep My Personal Data?

We will not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected. Your personal data will therefore be kept for the following periods (or, where there is no fixed period, the following factors will be used to determine how long it is kept):

 9. How and Where Do You Store or Transfer My Personal Data?

We may store or transfer some of your personal data within NZ. This means that it will be fully protected under the Privacy Act.

We may store or transfer some of your personal data within the European Economic Area (the “EEA”). The EEA consists of all EU member states, plus Norway, Iceland, and Liechtenstein. This means that your personal data will be fully protected under the Data Protection Legislation, GDPR, and/or to equivalent standards by law.

We may store or transfer some or all of your personal data in countries that are not part of the EEA. These are known as “third countries” and may not have data protection laws that are as strong as those in NZ and/or the EEA. This means that we will take additional steps in order to ensure that your personal data is treated just as safely and securely as it would be within the NZ and under the Privacy Act 2020 as follows:

We share your data with external third parties, as detailed below in Part 10, that are based outside of the EEA. The following safeguards are applied to such transfers:

We will only transfer your personal data to third countries whose levels of data protection are deemed privacy laws that provide comparable safeguards to the NZ Privacy Act.

We use specific contracts with external third parties that are approved for the transfer of personal data to third countries. These contracts require the same levels of personal data protection that would apply under existing or developing international guidelines relevant to transborder data flows, including the OECD Guidelines and the General Data Protection Regulation. More information is available from the European Commission.

Where we transfer your data to a third party based in the US, the data may be protected as if it is in New Zealand. This requires that the third party provide data protection to standards similar to those in New Zealand.

Please contact us using the details below in Part 15 for further information about the particular data protection mechanisms used by us when transferring your personal data to a third country.

The privacy of your personal data is important to us and to protect your data, we take a number of important measures including the following:

·  limiting access to your personal data to those employees, agents, contractors, and other third parties with a legitimate need to know and ensuring that they are subject to duties of confidentiality;

·  procedures for dealing with data breaches (the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, your personal data) including notifying you and/or the Supervising Authority where we are legally required to do so;

·  appropriate technical measures including encryption.

 10. Do You Share My Personal Data?

 We may sometimes contract with the following third parties to supply certain products  and/or services.

If any of your personal data is shared with a third party, as described above, we will take steps to ensure that your personal data is handled safely, securely, and in accordance with your rights, our obligations, and the third party’s obligations under the law, as described above in Part 9.

If any personal data is transferred outside of NZ, we will take suitable steps in order to ensure that your personal data is treated just as safely and securely as it would be within the NZ and under the Privacy Act, as explained above in Part 9.

If we sell, transfer, or merge parts of our business or assets, your personal data may be transferred to a third party. Any new owner of our business may continue to use your personal data in the same way(s) that we have used it, as specified in this Privacy Notice.

In some limited circumstances, we may be legally required to share certain personal data, which might include yours, if we are involved in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority.

 11. How Can I Control My Personal Data?

In addition to your rights under the Privacy Act, set out in Part 5, when you submit personal data via our Site, you may be given options to restrict our use of your personal data. In particular, we aim to give you strong controls on our use of your data for direct marketing purposes (including the ability to opt-out of receiving emails from us which you may do by unsubscribing using the links provided in our emails or at the point of providing your detail)

 12. Can I Withhold Information?

You may access certain areas of our Site without providing any personal data at all. However, to use all features and functions available on our Site you may be required to submit or allow for the collection of certain data.

You may be able to restrict our use of Cookies. For more information, see Part 14.

 13. How Can I Access My Personal Data?

If you want to know what personal data we have about you, you can ask us for details of that personal data and for a copy of it (where any such personal data is held). This is known as a “subject access request”.

All subject access requests should be made in writing and sent to the email or postal addresses shown in Part 15. To make this as easy as possible for you, a Subject Access Request Form is available for you to use. You do not have to use this form, but it is the easiest way to tell us everything we need to know to respond to your request as quickly as possible.

There is not normally any charge for a subject access request. If your request is ‘manifestly unfounded or excessive’ (for example, if you make repetitive requests) a fee may be charged to cover our administrative costs in responding.

We will respond to your subject access request within one month of receiving it. Normally, we aim to provide a complete response, including a copy of your personal data within that time. In some cases, however, particularly if your request is more complex, more time may be required up to a maximum of three months from the date we receive your request. You will be kept fully informed of our progress.

14. How Do You Use Cookies?

Our site may place and access certain first-party Cookies on your computer or device. First-party Cookies are those placed directly by us and are used only by us. We use Cookies to facilitate and improve your experience of our site and to provide and improve our products and/or services. In addition, our site uses analytics services provided by Google, which also use Cookies. Website analytics refers to a set of tools used to collect and analyse usage statistics, enabling us to better understand how people use our site. For further information please read our Cookie Policy.

 15. How Do I Contact You?

To contact us about anything to do with your personal data and data protection, including to make a subject access request, please use the following details:

Email address: dpo@flamecambodia.org

 16.Changes to this Privacy Notice

We may change this Privacy Notice from time to time. This may be necessary, for example, if the law changes, or if we change our business in a way that affects personal data protection.

Any changes will be immediately posted on our site and you will be deemed to have accepted the terms of the Privacy Notice on your first use of our site following the alterations. we recommend that you check this page regularly to keep up to date. This Privacy Notice was last updated on 17 January 2021.