1. Introduction

1.1 In this Privacy Policy, Cactus Insurance, we, us and our means:

• (a) Cactus Insurance Limited (NZCN 6002429); and
• (b) any of its related companies (within the meaning given in section 2(3) of the Companies Act 1993) from time to time.

1.2 Cactus Insurance is committed to protecting the personal information of all its website users, clients and customers (Users, you, and your) in accordance with the Privacy Act 2020 (Privacy Act) and the Information Privacy Principles as set out in the Privacy Act.

1.3 Cactus Insurance operates the website at hicactus.com (the Website), which provides information regarding our services (Services).

1.4 This privacy policy (Privacy Policy) operates to inform Users of our policies for the collection, use and disclosure of personal information (which includes, but is not limited to, your name, phone number and postal address) (Personal Information) if anyone accesses our Website and/or decides to use our Services.

1.5 If you access our Website and/or decide to use our Services, then you agree to the collection, use, disclosure, storage and processing of your Personal Information in accordance with this Privacy Policy.

1.6 The Personal Information that we collect is primarily used to identify you and to provide and improve our Services.

1.7 We will not use or share your information with anyone except in accordance with this Privacy Policy.

1.8 This Privacy Policy does not limit or exclude any rights that a User has or may have under the Privacy Act and (where applicable) the General Data Protection Regulation 2016/679 (GDPR).

1.9 For further information, please see www.privacy.org.nz.

2. Information Collection and Use

2.1 We may collect and use your Personal Information to:

• (a) process and respond to your enquiries and requests (whether via the Website or otherwise);
• (b) verify your identity;
• (c) provide our Services to you and any products in connection with those Services;
• (d) undertake credit checks (if necessary, as determined by us);
• (e) comply with any laws, rules and regulations, whether in New Zealand or in any other jurisdiction;
• (f) understand your preferences and interests;
• (g) communicate with you directly, via phone or email;
• (h) undertake internal research, development and optimisation of our platforms and the Services we provide;
• (i) target our advertising, marketing and promotions, including via social media and website ads, and to let you know about new or other features and services we offer (this includes keeping you informed about other opportunities, products and services that we or our business partners offer), subject always to the Unsolicited Electronic Messages Act 2007;
• (j) invoice any User and to collect money that a User owes to us, including authorising and processing credit or debit card transactions;
• (k) co-operate with any government, industry or regulatory authorities;
• (l) protect and/or enforce our legal rights and interests, including defending any claim;
• (m) evaluate and improve our client delivery and provision of our Services; and
• (n) manage our relationship with you, and exercise and enforce our rights under the terms of use for our Services or platforms (or other contracts entered into with you, by whatever name called).

2.2 In addition, we may use your Personal Information for any purpose authorised by you, the Privacy Act, GDPR and/or any other applicable law.

2.3 We may also supplement any information provided to us with information we receive from third parties.

2.4 In addition to other information, we collect the following Personal Information about a User:

• (a) The User’s name, phone number (including mobile number), residential address and email address.
• (b) The User’s gender and date of birth.
• (c) Corporate information and details as may be available on public registries or as provided by or on behalf of the User.

2.5 Users may request us to stop sending marketing messages at any time, by emailing spike@hicactus.com.

3. Log Data

3.1 We want to inform you that, whenever you visit our Website, we may collect information that your browser sends to us that is called Log Data.

3.2 This Log Data may include information such as your computer’s Internet Protocol (IP) address, browser version, pages of our Website that you visit, the time and date of your visit, the time spent on those pages, and other statistics.

4. Cookies

4.1 Cookies are an alphanumeric identifier stored by your browser in order to monitor your use of the Website.

4.2 Our Website uses these “cookies” to collect information and to improve our Services.

4.3 You have the option to either accept or refuse these cookies, and know when a cookie is being sent to your computer. If you choose to refuse our cookies, you may not be able to use some of our Services.

5. Disclosure of Personal Information

5.1 Your Personal Information may be disclosed to, and held and used by, the following persons:

• (a) Cactus Insurance and any of its employees, contractors, advisers, and agents.
• (b) Any other entity within Cactus Insurance’s group, including (for the avoidance of doubt) all related companies (within the meaning given in section 2(3) of the Companies Act 1993) from time to time.
• (c) Any third party, whether in New Zealand or elsewhere, that provides services or support to Cactus Insurance (in which case Cactus Insurance will take reasonable steps to ensure the third party has an appropriate privacy policy).
• (d) Other bodies, such as government agencies (including the Financial Markets Authority), regulators, and legal and professional advisers (whether or not we are legally obliged to disclose the Personal Information).
• (e) Any other person or entity where it is relevant to do so for the purposes set out above.

5.2 Your Personal Information may also be used by, and you consent to the use of your Personal Information by, Cactus Insurance (including any third party that provides services to Cactus Insurance) to keep you informed about other financial opportunities, products and services, including by phone call, email, text message, Cactus Insurance’s online portal or any other electronic means. Any electronic marketing communication offering other financial opportunities, products or services will include an unsubscribe facility.

6. Security

6.1 We value your trust in providing us your Personal Information, thus we are striving to use commercially acceptable means of protecting it. However, no method of transmission over the internet, or method of electronic storage, is 100% secure and reliable, and we cannot guarantee its absolute security.

6.2 We will take reasonable steps to ensure the Personal Information collected, used or disclosed in accordance with this Privacy Policy is stored in a secure environment protected from unauthorised access, modification or disclosure.

6.3 We will hold Personal Information collected in accordance with this Privacy Policy before and after the provision of the Services in order to fulfil the purposes for which it was collected, but only for so long as we are legally entitled to do so.

6.4 We will advise any User as soon as practicable after becoming aware that a notifiable privacy breach (as that term is defined under the Privacy Act) has occurred in respect of that User, and take all steps necessary to comply with the Privacy Act requirements.

7. Link to Other Sites

7.1 Our Website may contain links to other sites. If you click on a third-party link, you will be directed to that site. Note that these external sites are not operated by us. Therefore, we strongly advise you to review the privacy policy of these websites. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.

8. Children’s Privacy

8.1 Our Website and Services do not address anyone under the age of 13.

8.2 We do not knowingly collect Personal Information from children under the age of 13.

8.3 In the case we discover that a child aged under 13 has provided us with Personal Information, we immediately delete this from our servers.

8.4 If you are a parent or guardian and you are aware that your child has provided us with Personal Information, please contact us so that we will be able to undertake the necessary actions.

9. Changes to this Privacy Policy

9.1 We may update our Privacy Policy from time to time. Thus, we advise you to review this page periodically for any changes.

9.2 We will notify you of any changes by posting the new Privacy Policy on this page. These changes are effective immediately, after they are posted on this page.

10. Legal Rights and Access to Personal Information

10.1 Subject to certain grounds for refusal set out in the Privacy Act, Users have the following rights in relation to their Personal Information:

• (a) To require confirmation of whether Cactus Insurance holds any Personal Information about the User.
• (b) To request access to their Personal Information.
• (c) To request a correction to their Personal Information.
• (d) To request the deletion or removal of their Personal Information.
• (e) To object to the processing of their Personal Information.
• (f) To request a restriction on the processing of their Personal Information.
• (g) To request a transfer of your Personal Information to you or a third party.
• (h) To withdraw consent to the use of your Personal Information.

10.2 If a User wishes to exercise any of the above rights, please contact Cactus Insurance at spike@hicactus.com. Please note that we may need evidence to confirm that you are the individual to whom the Personal Information relates. Your email should provide evidence of who you are and set out the details of your request. Cactus Insurance will process this request as soon as reasonably practicable, provided that we are not otherwise prevented from doing so for legal or other reasons such as, but not limited to:

• (a) providing such information would have an unreasonable impact on the privacy or affairs of other individuals;
• (b) providing such information is not reasonably practicable in the manner the User has requested; or
• (c) we have agreed with the User to arrange access to the Personal Information.

11. Privacy Officer

11.1 Cactus Insurance at all times has a person appointed as its privacy officer (the Privacy Officer).

11.2 The Privacy Officer will be familiar with the provisions of this Privacy Policy and be available to assist on privacy matters for Cactus Insurance.

11.3 The Privacy Officer may be contacted at spike@hicactus.com.

12. Severability

12.1 If any part of this Privacy Policy is found by a court to be invalid, void or unenforceable, whether under the Privacy Act, GDPR or any other applicable law, such provision will be deemed to be deleted from this Privacy Policy and the remaining provisions will continue in full force and effect.

13. Contact Us

13.1 If you have any questions or suggestions about our Privacy Policy, do not hesitate to contact us.

Terms and Conditions

About this website

The information provided and services described in this website are of a general nature and are not intended to be personalised financial advice to a retail client. The information provided in this website is not intended to be a substitute for professional advice. You may seek appropriate personalised financial advice from a qualified professional to suit your individual circumstances.

No warranties

While every effort is made to ensure the information on this website is up-to-date and correct, Cactus makes no representations or warranties of any kind, express or implied, about the accuracy, reliability, completeness, suitability or availability of the website or the information about the products and services provided on the website. The information on this website is subject to change at any time. Cactus is under no obligation to update any information on this website or correct any errors in the information after it is published on the website. Any reference on this website to historical information and performance of a product or service may not necessarily be a good guide to future performance. You are solely responsible for any actions you take or do not take by relying on such information.

Liability

To the full extent legally allowable, the directors, contractors, associates and staff of Cactus expressly disclaim all and any liability and responsibility to any person in respect of anything, and of the consequences of anything, done or omitted to be done by any such person in reliance, whether wholly or partially, upon the whole or any part of the contents of this website. The disclaimers and limitations of liability do not prejudice your rights under the Consumer Guarantees Act 1993, nor are they intended to exclude liability arising under statute.

Virus protection

Although Cactus regularly updates its virus protection software, it does not warrant that the server that makes the information and contents of this website available is free of viruses or bugs. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the correct display and/or presentation of any material contained on this website.

Website availability

Every effort is made to keep the website up and running smoothly. However, Cactus takes no responsibility for, and will not be liable for, any loss you may suffer due to the website being temporarily unavailable either during its planned maintenance or due to technical or other issues beyond our control.

Intellectual property

All materials on this website are protected by copyright and intellectual property laws and are the property of Cactus unless otherwise explicitly stated. The website may also contain a number of trademarks, logos and symbols which are either owned by Cactus or used with the approval of Cactus Group Limited. Nothing on the website should be construed as granting any licence to use any trade mark without the permission of the trade mark owner. Any material on this website that is identified as being subject to copyright of a third party, authorisation to use or reproduce such material must be obtained from that third party. Unless stated otherwise, you may access and download the materials located on this website only for personal, non-commercial use.