Privacy Policy, Disclosure Statement & Consent

Our Privacy Policy describes how we collect, use and manage your personal information.

Who we are

Soda Capital NZ Limited 933 32 70(“Soda Capital”, “we”, “ours” or “us”) is committed to providing quality services to you. We recognise the importance of your privacy and understand your concerns regarding the security of the personal information which you provide to us. This policy outlines Soda Capital’s ongoing obligations to you in respect of how Soda Capital manages your personal information. We also describe the measures we take to safeguard your personal information and tell you how to contact us regarding our privacy practices.

Our Privacy Policy describes how we collect, use, disclose and store your personal information under the Privacy Act 2020 (Privacy Act) and the Information Privacy Principles (IPPs).

This Privacy Policy applies:

1. when you sign up, access, or use our website (https://www.sodacapital.com/nz)
2. when you apply for finance or otherwise purchase our products or services; and
3. in relation to any personal information we collect from you during the course of our business or which we otherwise receive about you.

In this Privacy Policy, “You” and “Your” means the individual, entity or group that is interacting with Soda Capital.

What is personal information?

Personal information is any information about an identifiable individual.

What personal information does Soda Capital collect and hold?

Information collected directly from you

Soda Capital collect information about you and your interactions with Soda Capital, for example, when you purchase or apply for use of Soda Capital’s products or services, call Soda Capital or visit Soda Capital’s website. The information Soda Capital collects from you may include:

1. your identity and contact details (including but not limited to your name, date of birth, address and email address);
2. information about why you are applying for a particular product or service;
3. details of your superannuation policies;
4. details about your assets and liabilities;
5. your history of purchases;
6. your use of Soda Capital’s products and services; and
7. details of enquiries or complaints you make.

Credit Information

To the extent permitted by law, we may collect the following kinds of credit information from, and disclose this information to, credit reporters and other entities. Credit information may include the following:

1. 1. consumer credit liability information, including details of your credit provider and the terms of your credit;
   2. repayment history information;
   3. information about the type of finance that you are applying for;
   4. new arrangement information, which includes information about a variation to existing liabilities;
   5. serious credit infringements;
   6. payment information with respect to previously reported defaults;
   7. personal insolvency information, which is information that is entered into the National Personal Insolvency Index which relate to such things as debt agreements, bankruptcy personal insolvency agreements; and
   8. court proceedings information including court judgements and writ

Information collected automatically

Soda Capital may also automatically collect information about how you access, use and interact with Soda Capital’s website. This information may include:

the location from which you have come to the site and the pages you visited; and
technical data, which may include your IP address, the types of devices you are using to access the website, device attributes, browser type, language and operating system.

Cookies

To enrich your online experience, Soda Capital use cookies on the website.

A cookie is a small text file that the website may place on your device to store information. Soda Capital may use persistent cookies (which remain on your computer even after you close your browser) to store information that may speed up your use of our website for any of your future visits to the website. Soda Capital may also use session cookies (which no longer remain after you end your browsing session) to help manage the display and presentation of information on the website. You may refuse to use cookies by selecting the appropriate settings on your browser. However, please note that if you do this, you may not be able to use the full functionality of the website

Why do Soda Capital collect, hold and use your personal information?

We collect, hold, use and disclose personal information from you or about you where it is reasonably necessary for us to carry out our business functions and activities and as necessary to provide our services to you or to respond to and action any requests made by you. We also collect, hold, use and disclose your personal information for directly related purposes, such as our administrative and accounting functions.

Specifically, Soda Capital may collect, hold and use your personal information so that Soda Capital can:

• provide you with products and services, and manage Soda Capital ‘s relationship with you;
• arrange and assess your application for finance or other products and manage that finance or other product;
• assess your financial situation and discharge our duties and functions under relevant legislation, including the Insolvency Act 2006 and the Anti-Money Laundering and Counter Terrorism Financing Act 2009 ;
• respond and communicate with you about your requests, transactions, questions and comments and allow you to receive our newsletters and communications;
• provide other loan products and service(s) you have requested or qualify for;
• provide services in relation to business options;
• undertake debt recovery and associated enforcement activities;
• comply with our legal obligations and assist government and law enforcement agencies or regulators; and
• identify and tell you about other products or services that Soda Capital think may be of interest to you.

If you do not provide us with your personal information, or if we cannot verify your personal information, Soda Capital may not be able to provide you with Soda Capital’s products and services, communicate with you or respond to your enquiries.

In addition, we use information collected online through the use of cookies, and other automated means. This information is used to:

1. recognise your computer when you visit the website;
2. track you as you navigate the website;
3. display content on our website;
4. operate, evaluate and improve our business and website usability;
5. analyse your use of the website;
6. personalise the website, including targeted advertisements that may be of particular interest to you;
7. help diagnose technical and service problems; and
8. gather demographic information about our users.

We use such information to assist us in providing an effective service (for example, to adapt our website to the needs of your device or to allow you to log in to our website), and to collect broad demographic information for identified, aggregated use.

How do Soda Capital collect your personal information?

Where reasonable and practical, Soda Capital will collect your personal information directly from you. For example, we may collect personal information from you via telephone, email or from the information you submit to us directly via the website.

Soda Capital may also collect information from third parties such as:

• government bodies such as Inland Revenue, the Companies Office, the Financial Markets Authority, the police or the courts
• professional or government organisations
• credit reporters including Equifax (contactable at www.equifax.co.nz) and other credit reporters from time to time
• our related bodies corporate, business partners and associates
• any assignee or potential assignee of our rights under a contract relating to the services we provide
• our funders or potential funders
• service providers we use to operate our business such as:
• information technology and platform providers
• finance companies, distributors and equipment suppliers
• marketing and communications agencies
  mailing houses, freight and courier services
  printers & distributors of marketing material; and
• advisers such as accountants, business analysts, recruiters, auditors & lawyers.

We also collect information about your online activities automatically when you are using the website, usually from the use of cookies.

How do Soda Capital store and hold personal information?

We will disclose personal information to third parties if disclosure is one of the purposes contemplated by this Privacy Policy, or where otherwise permitted under the Privacy Act.

Your personal information may be made available to suppliers, contractors or other third parties in order for them to perform services on our behalf, or to resolve issues or disputes that arise in connection with your use of our services.

We may also disclose your personal information to:

1. Credit providers and credit reporters, in connection with the purposes contemplated by this Privacy Policy; and
2. Government agencies (where required or permitted to do so under the Privacy Act).

Soda Capital may also transfer or disclose your personal information to its related companies and affiliates.

Where we wish to use or disclose your personal information for other purposes which you may not reasonably expect, we will seek your prior authorisation to such disclosure.

Otherwise, we will only disclose your personal information to third parties without your prior authorisation if the disclosure is:

1. necessary to protect or enforce our legal rights or interests or to defend any claims;
2. necessary to prevent or lessen a serious threat to a person’s health or safety;
3. required or authorised by law; or
4. permitted by another exception in the applicable privacy laws.

If the ownership or control of all or part of Soda Capital’s business changes, Soda Capital may transfer your personal information to the new owner.

Transferring personal information overseas

Soda Capital may transfer your personal information to our service providers which are located outside New Zealand. Those service providers are likely to be located in the United States of America, United Kingdom, New Zealand and the Philippines.

We only disclose your information to services providers outside of New Zealand for our business functions or for the purposes of providing services to you.

Marketing

Unless you have opted out of marketing communications Soda Capital may use your personal information to offer you products and services Soda Capital believes may interest you.

Where required by applicable law, we will obtain your consent before sending you any marketing communications from Soda Capital. You may withdraw your consent to the use of your data for marketing purposes at anytime by following the instructions provided in the communication or contacting us on our contact details in section 12 of this Privacy Policy.

What rights you have over your personal information

Under the legislation applicable to you, you may be entitled to exercise some or all of the following rights:

Access to information

You may request (i) information as to whether your personal is held by us; and (ii) access to your personal information.

Correction

You may request the correction of your personal information that we hold about you.

If you wish to contact us in relation to any of the rights outlined in this section, you can do so by contacting us using our contact details in section 12 of this Privacy Policy.

Complaints

If you are dissatisfied with how we have dealt with your personal information, or you have a complaint about our compliance with this Privacy Policy or the Privacy Act, you may contact us as set out in section 13 of this Privacy Policy.

If you remain unsatisfied with the way in which Soda Capital have handled a privacy issue, you may contact the Office of the New Zealand Privacy Commissioner (www.privacy.org.nz) for guidance on alternative courses of action which may be available.

How to contact us

Our privacy officer can be contacted at:

Email: support@sodacapital.com

Telephone: 1800 434 084

Post: 11-19 Customs Street West, Auckland 1010

Last Updated: April 2024

Changes to this policy

We reserve the right to change this Privacy Policy from time to time. Any changes to Soda Capital’s Privacy Policy will be published on its website.

Any additional personal information we collect from you after we notify you of the change to our Privacy Policy will be collected on the basis of the updated Privacy Policy.