By accessing mysuper.co.nz you agree to be bound by the Terms and Conditions set out below.

If there is any conflict between the Terms and Conditions of the mysuper Website and those of the mysuper Product Disclosure Statement, the terms and conditions in the mysuper Product Disclosure Statement shall prevail. Shamrock Superannuation Limited (Shamrock), Trustee of the mysuper Superannuation Scheme (mysuper), reserves the right to vary the information on mysuper.co.nz, including these Terms and Conditions, at any time without notice. Your continued use of the mysuper.co.nz following any changes to the Terms and Conditions indicates your acceptance of those changes.

Purpose
The content on mysuper.co.nz, including tools and calculators, is for information purposes only. The information is of a general nature only and does not constitute personalised financial advice or other professional advice. Before taking any action, you should always consider seeking personalised financial advice relevant to your personal circumstances from a financial adviser.

Jurisdiction
These Terms and Conditions and use of mysuper.co.nz are governed by New Zealand law and they are subject to the exclusive jurisdiction of the New Zealand courts. The information on mysuper.co.nz has been prepared in accordance with New Zealand law for the supply of products and services in New Zealand only. Any products and services referred to on mysuper.co.nz are only offered to current or former ACC or FairWay Resolution Limited employees.

Disclaimer
To the maximum extent permitted by law, Shamrock disclaims all liability or responsibility for any direct or indirect loss or damage that may result from any errors or omissions on mysuper.co.nz, including reliance on information contained on mysuper.co.nz, reliance on the tools and calculators provided on mysuper.co.nz, or access to, or use of, or inability to use, mysuper.co.nz.

While care has been taken to supply information on mysuper.co.nz that is up-to-date and accurate, Shamrock does not give any guarantee of the accuracy, correctness, adequacy or completeness of such information (including tools and calculators) or its suitability for your intended use. Shamrock may change the content of mysuper.co.nz (including product and investment information) and these Terms and Conditions at any time without notice.

None of Shamrock, any of its employees or agents, or any other party, guarantees the performance of any of the investment products contained on mysuper.co.nz, gives any warranty of reliability or accuracy, or accepts any responsibility arising in any way from any error or omission. Any projections or predictions or calculations provided by the tools and calculators included on mysuper.co.nz are not guaranteed. For further information about any of the investment products contained on mysuper.co.nz (including fees), you should refer to the mysuper Product Disclosure Statement.

Where interim interest rates or declared interest rates (Interest Rates) are shown, while care has been taken in producing and updating Interest Rate information, members should check the current Interest Rate with Shamrock before relying on Interest Rate information.

While care has been taken to prevent the introduction of viruses to mysuper.co.nz, Shamrock does not guarantee that this website is free from viruses.

Shamrock does not guarantee the continued availability of mysuper.co.nz or the continuation of any services provided on it.

Customer Acknowledgement and Indemnity
You agree to follow any instructions supplied to you in relation to the use of mysuper.co.nz and you agree not to use, or permit mysuper.co.nz or any part, to be used for any illegal or improper purpose. You agree to indemnify Shamrock and hold us harmless for any loss incurred or damage suffered by us, our customers or a third party, or for any claim or action which may be brought against us by a member or third party, which is in any way the result of your use of mysuper.co.nz, or your failure to take all reasonable steps to prevent unauthorised use of mysuper.co.nz.

Links
Shamrock takes no responsibility for any information contained in any website accessed via a hypertext link from mysuper.co.nz or any other website that is linked to mysuper.co.nz. The content, accuracy and opinions expressed in such websites are not necessarily checked, monitored or endorsed by Shamrock.

Copyright
Shamrock or its agents or supplies own copyright of the information, images, text, screens and web pages appearing on mysuper.co.nz. This includes, but is not limited to, all mysuper.co.nz's content, code, look and feel, text, graphics, logos, button icons, images, audio and video clips and software. It is protected by New Zealand and international copyright law.

The information and materials appearing on mysuper.co.nz may not be copied, modified, published, reposted, reused or used to create a derivative work without the express written permission of Shamrock.

Disclosing your personal information
Other than as set out in the "Using your personal information" section above, Shamrock does not rent, sell or trade your personal information to others outside of Shamrock, its Agents and your employer).

Shamrock may provide aggregate statistics about our customers, traffic patterns and related website information to reputable third parties. These statistics will not include any personally identifiable information.

What other information does mysuper collect and how do we use it?
We automatically collect the name of your Internet Service Provider when you visit mysuper.co.nz, if this information is available to us. This information is not linked to anything that identifies who you are. In other words, your session will be logged, but you remain anonymous to us. This information is used to audit the use of the mysuper.co.nz and carry out ongoing improvements to website design and content.

What about cookies?
A cookie is a small file stored on your computer by our website to give your computer a unique ID. It does not contain any personal information about you and it cannot be used to personally identify you. Cookies are commonly used to enhance and personalise your experience on many leading websites.

Cookies do not read your hard drive, nor can they be used to reveal new information about you; they can however make it easier for you to use mysuper.co.nz

If you do not wish to receive cookies, you can set your browser to alert you of a cookie being offered, or to reject all cookies. Just go to the help function of your browser for complete instructions.

How does mysuper protect member information?
Shamrock maintains industry Information Technology security standards and regularly updates its technology to provide protection for your personal and financial information.

This is shown in your web browser via the use of https (known as Secure Socket Layer) and the padlock symbol on the bottom right of the Internet Explorer web browser.

What you can do to ensure your privacy
mysuper members can use mysuper.co.nz to securely login to the Mercer SuperFact’s website provided by Mercer (N.Z.) Limited (Mercer). Mercer is an Agent of Shamrock and is the Scheme Administration Manager for mysuper. Mercer has their own terms and conditions and privacy policies which you are subject to, when you login to the SuperFacts website.

It is extremely important that you keep your user name and passwords secure and personal to you only. Your adviser, employer, or other persons should not be given access to your user name and password. Should you forget this information we will use appropriate procedures to authenticate you and then reset your password.

Unsolicited Electronic Messages Act 2007
The Unsolicited Electronic Messages Act 2007 aims to stop people sending you unsolicited electronic emails marketing or promoting goods and services. If Shamrock sends you emails about mysuper, services or promotions it is because we believe you have provided either express or inferred consent for us to send these emails. Of course, Shamrock would like to continue to keep in contact with you, however, should you not want to receive these emails, you should click here to email us and include the words "no promotions" in the subject line.

By accessing mysuper.co.nz you agree to the Terms and Conditions, and privacy statement set out below.

If there is any conflict between the Terms and Conditions of the mysuper Website and those of the mysuper Product Disclosure Statement, the terms and conditions in the mysuper Product Disclosure Statement shall prevail. Shamrock Superannuation Limited (Shamrock), Trustee of the mysuper Superannuation Scheme (mysuper), reserves the right to vary the information on mysuper.co.nz, including this privacy statement, at any time without notice. Your continued use of the mysuper.co.nz following any changes to the privacy statement indicates your acceptance of those changes.

Shamrock respects and protects the privacy of its Members including online visitors. We understand the need to safeguard your personal and financial information and we respect your rights under the Privacy Act 2020.

BACKGROUND

1. Shamrock Superannuation Limited (Shamrock) is the trustee and manager of the mysuper Superannuation Scheme (Scheme). 
2. The Scheme is registered as an employer-related restricted workplace savings scheme under the Financial Markets Conduct Act 2013 (FMC Act). 
3. This document sets out Shamrock's privacy statement of the Scheme.

WHAT DOES THIS PRIVACY STATEMENT COVER?

4. This Privacy Statement explains how personal information is collected, used and disclosed by or on behalf of by Shamrock, as the trustee and manager of the Scheme, including by the administration manager of the Scheme, currently Mercer (N.Z.) Limited (Mercer).
5. References in this Privacy Statement to ‘we’, ‘our’, or ‘us’ should be read as references to Shamrock and/or Mercer as administration manager of the Scheme, as the context requires.
6. This Privacy Statement explains how we collect, use, and disclose personal information about you, including how long we hold your personal information for. It also sets out how to request access to, and correction of, your personal information, and who to contact for further information.
7. This Privacy Statement is subject at all times to applicable law.

PRIVACY STATEMENT

How Do We Collect Personal Information?

8. We may collect personal information from you in the following circumstances:
   1. when you provide us with personal information through written and/or verbal communications from time to time;
   2. when you update us about any change to the details of your personal information; 
   3. when we make requests for your personal information that we require from time to time; and
   4. when you contact us for any reason.

9. We may also obtain personal information about you from a third party you have authorised to provide the information to us (such as your employer, or, where you are a nominated beneficiary of a Scheme member, that member) or as otherwise permitted by law. 

10. If you provide us with personal information about a third party (such as your nominated beneficiary or any person you appoint to act on your behalf), you must ensure you are authorised to provide that information to us, and by providing that information to us, you confirm you have that authorisation.

What Personal Information Do We Collect?

11. We collect personal information that is necessary to manage the Scheme and Shamrock's relationship with members of the Scheme (Members) and (as appropriate) their nominated beneficiaries (Beneficiaries).  

12. The categories of personal information that we collect directly from you includes:
    1. your name, date of birth, bank account details, and your contact details (for example, your address, phone number and email address);
    2. similar details, as appropriate, about your Beneficiaries (e.g. your spouse or relevant dependent children);
    3. medical information and/or financial information we require to determine if a Member has suffered permanent incapacity or ill health (as defined under the Scheme trust deed) while in service, or if a Member is entitled to a serious illness withdrawal or significant financial hardship withdrawal under the Scheme trust deed;
    4. information that we require to calculate and/or arrange for payment of benefits due to you (for example, your employment history and salary) and to calculate the employer contributions you are entitled to receive under the Scheme trust deed; and
    5. any other information that you may provide to us (or authorise to be provided to, or collected by, us) from time to time, or which we require in order to administer the Scheme in accordance with the Scheme trust deed and/or applicable law.

For What Purposes Does Shamrock Use Your Personal Information?

13. We may use your personal information only for lawful purposes, including:
    1. administering the Scheme;
    2. maintaining and updating Member records;
    3. complying with relevant laws and regulations which includes making sure that your benefits under the Scheme are calculated and paid correctly;
    4. identifying and communicating with Members and Beneficiaries (including responding to queries and requests);
    5. where use of the information is necessary in relation to a legal claim or a regulatory enquiry;
    6. any other purpose that we notify you of at the time your personal information is collected, or after which we have your explicit consent; and
    7. any other purpose permitted by law.

Who We May Share Your Personal Information With

14. We may share your personal information:
    1. with the Scheme's administrators, Shamrock’s advisers (such as the Scheme’s actuary, investment adviser, solicitors, and auditors) and other service providers who we may engage from time to time, in order to facilitate the administration of the Scheme and the calculation and payment of your benefits;
    2. with Inland Revenue and other Government agencies where required by law;
    3. with other third parties (which may include your current or former employer), to the extent reasonably required to carry out any of the lawful purposes for which we may use your personal information (as outlined above);
    4. with your Beneficiary or Beneficiaries if necessary for the administration of their benefit(s);
    5. if we are requested to do so in the course of legal proceedings or other investigations; or
    6. if authorised by you or where we are otherwise required or permitted to do so by applicable law.

Except as provided above, we will not share your personal information with any other third parties and will not sell, license, or rent your personal information to third parties.

The Consequences If You Do Not Provide Us With Your Personal Information

15. If you do not provide us, or authorise us to collect, the personal information we have requested or may require from time to time, we may be unable to provide certain Scheme services to you.  For example, we may be unable to calculate and/or arrange for the payment of benefits due to you under the Scheme, or respond to your queries and requests.

How Long Do We Hold Your Personal Information For?

16. We may retain your personal information for as long as required to carry out any of the lawful purposes for which we may use your personal information (as outlined above) and/or as required by law.

The Basis On Which We Provide Links To Third Party Websites

17. Scheme documents and/or communications that we have with you may contain links or references to third party websites.  Unless expressly stated otherwise, those websites have not been developed by, and are not controlled by, us.  They are provided for your convenience only, and their provision does not imply that we check, endorse, approve or agree with the privacy practices of those third party websites.  We encourage you to read the privacy statements of each third party website you visit.

How Can I Request Access to, and Correction of, My Personal Information?

18. You have the right to request access to, and correction of, the personal information we hold about you.  You can also update information (such as contact details) about you and your Beneficiary, if any, through your member login on the Scheme website.

19. If you request access to, or a copy of, your personal information, we will provide you such access or copy unless there is good reason (in accordance with the Privacy Act 2020) for not doing so, which may include, for example, where the disclosure would breach someone else’s rights to privacy, confidentiality obligations and/or the law.

20. If you request a correction to your personal information, you may also provide us with a statement of the correction sought (Statement of Correction).  If we do not agree to your request for a correction, you may request that the Statement of Correction sought be attached to your personal information.

21. If you wish to request access to and/or correction of your personal information, please contact the Scheme’s Privacy Officer at:
    
    Privacy Officer
    mysuper Superannuation Scheme
    PO Box 1849
    Wellington 6140
    
    Email: [email protected]

Who Can I Contact For More Information?

22. If you have questions or concerns about this Privacy Statement or on personal information we hold about you, please contact the Scheme’s Privacy Officer as indicated above.

23. If you believe that we have not resolved your concerns, you can complain to the Office of the Privacy Commissioner's Office at privacy.org.nz

Changes to This Privacy Statement

24. This Privacy Statement may be updated at any time.  If this Privacy Statement is updated, we will notify you at the address we have on file for you.