Privacy Policy

The types of personal information we may collect about you include:

1. Identity Data including your name, age, profession, photographic identification.
2. Contact Data including your telephone number, address and email.
3. Financial Data including bank account and payment card details (through our third party payment processor, who stores such information and we do not have access to that information).
4. Transaction Data including details about payments to you from us and from you to us and other details of products and services you have purchased from us or we have purchased from you.
5. Technical and Usage Data when you access any of our websites or platforms, details about your internet protocol (IP) address, login data, browser session and geo-location data, statistics on page views and sessions, device and network information, acquisition sources, search queries and/or browsing behaviour, access and use of our website (including through the use of Internet cookies or analytics), and communications with our website.
6. Profile Data including your username and password for Wyda, profile picture, purchases or orders you have made with us, content you post, send, receive and share through our platform, information you have shared with our social media platforms, and support requests you have made.
7. Interaction Data including information you provide to us when you participate in any interactive features, including surveys, contests, promotions, activities or events.
8. Marketing and Communications Data including your preferences in receiving marketing from us and our third parties and your communication preferences.
9. Professional data including where you are a worker of ours or applying for a role with us, your professional history such as your previous positions and professional experience, or whether you hold required authorisations or licences.
10. Sensitive information is a sub-set of personal information that is given a higher level of protection. Sensitive information means information relating to your racial or ethnic origin, political opinions, religion, trade union or other professional associations or memberships, philosophical beliefs, sexual orientation or practices, criminal records, health information or biometric information. We do not actively request sensitive information about you. If at any time we need to collect sensitive information about you, unless otherwise permitted by law, we will first obtain your consent and we will only use it as required or authorised by law.

We collect personal information in a variety of ways, including:

1. when you provide it directly to us, including face-to-face, over the phone, over email, or online;
2. if you are an applicant for a position with us;
3. when you complete a form, such as registering for any events or newsletters, or responding to surveys;
4. when you use any website we operate (including from any analytics and cookie providers or marketing providers. See the “Cookies” section below for more detail on the use of cookies);
5. from third parties, such as the customer;
6. from publicly available sources.

We only collect, use and disclose personal information where that information is reasonably necessary for purposes which are directly related to one or more of our functions or activities. These include:

1. provision of our services, including Wyda;
2. analytics of user participation;
3. to work with you as a customer or supplier of our business;
4. for analytics, market research and business development, including to operate and improve our business, associated applications and associated social media platforms;
5. for internal record keeping, administrative, invoicing and billing purposes;
6. if you have applied for employment with us, to consider your employment application; and
7. to comply with our legal obligations or if otherwise required or authorised by law.

If you are a customer, we also use your personal information:

1. to contact and communicate with you about our business, including in response to any support requests you make;
2. for advertising and marketing, including to send you promotional information about our events and experiences and information that we consider may be of interest to you;
3. to run promotions, competitions and/or offer additional benefits to you;
4. when you lodge support requests with us or other enquiries you make with us;
5. for payment purposes;
6. to provide the scores of users to whom you have provided licences;
7. to provide any additional information to you that you have purchased.

If you are a user, we also use your personal information to:

1. communicate with you;
2. enable your access to and participation in Wyda; and
3. provide copies to you of your scores and (where purchased by your employer) your performance.

Personal information: We will only disclose personal information (excluding sensitive information) to third parties where it is necessary as part of our business, where we have your consent, or where permitted by law. This means that we may disclose personal information (excluding sensitive information) to:

1. our employees, contractors and/or related entities;
2. IT service providers, data storage, web-hosting and server providers (such as Microsft Azure, Google Cloud);
3. marketing or advertising providers;
4. professional advisors, bankers, auditors, our insurers and insurance brokers;
5. payment systems operators or processors;
6. our existing or potential agents or business partners;
7. sponsors or promoters of any promotions or competition we run;
8. if we merge with, or are acquired by, another company, or sell all or a portion of our assets, your personal information may be disclosed to our advisers and any prospective purchaser’s advisers and may be among the assets transferred;
9. courts, tribunals and regulatory authorities, in the event you fail to pay for goods or services we have provided to you;
10. courts, tribunals, regulatory authorities and law enforcement officers, as required or authorised by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights;
11. third parties to collect and process data, such as analytics providers and cookies; and
12. any other third parties as required or permitted by law, such as where we receive a subpoena.

Sensitive information: We will only disclose sensitive information with your consent or where permitted by law. This means that we may disclose sensitive information to:

1. our employees, contractors and/or related entities;
2. IT service providers, data storage, web-hosting and server providers (such as Microsoft Azure, Google Cloud);
3. professional advisors;
4. payment systems operators or processors;
5. if we merge with, or are acquired by, another company, or sell all or a portion of our assets, your personal information may be disclosed to our advisers and any prospective purchaser’s advisers and may be among the assets transferred;
6. courts, tribunals, regulatory authorities and law enforcement officers, as required or authorised by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights;
7. third parties to collect and process data, such as analytics providers and cookies; and
8. any other third parties as required or permitted by law, such as where we receive a subpoena.

If you are a user, we will disclose the following information to your employer:

1. your Wyda scores;
2. where purchased by your employer, your profile (created through automated means) based on your performance while playing Wyda, including accuracy, behavioural indicators, ethical choices, communication style, problem solving approach and ability, and ability to interpret different types of data (such as visual and non-visual);
3. any other information you provide to us while participating in Wyda, for example through free-text responses or providing comments, insights or feedback;
4. other records and statistics about the manner in which you play Wyda; and
5. any changes that you request to your personal information, including where you have exercised any rights you may have under applicable law (but only to the extent permitted by applicable law).

Where we disclose your personal information to third parties, those third parties may store, transfer or access personal information outside of New Zealand, which may not have an equivalent level of data protection laws as those in New Zealand. Before disclosing any personal information to an overseas recipient, we will comply with Information Privacy Principle 12 and only disclose the information if:

1. you have authorised the disclosure after we expressly informed you that the overseas recipient may not be required to protect the personal information in a way that, overall, provides comparable safeguards to those in the Privacy Act 2020;
2. we believe the overseas recipient is subject to the Privacy Act 2020;
3. we believe that the overseas recipient is subject to privacy laws that, overall, provide comparable safeguards to those in the Privacy Act 2020;
4. we believe that the overseas recipient is a participant in a prescribed binding scheme;
5. we believe that the overseas recipient is subject to privacy laws in a prescribed country; or
6. we otherwise believe that the overseas recipient is required to protect your personal information in a way that, overall, provides comparable safeguards to those in the Privacy Act 2020 (for example pursuant to a data transfer agreement entered into between us and the overseas recipient).

How we use AI Technologies: We may use AI Technologies for the following purposes:

1. to provide tailored forecast and recommendations based on the information you provide to us;
2. to generate and modify content and coding;
3. to improve and optimise our services and operations;
4. to automate certain processes and communications, such as routine tasks;
5. to personalise your experience with our services;
6. for quality assurance purposes; and
7. to assist with customer support and queries.

Your Rights and our Commitments: We will treat information generated or inferred by the AI Technologies about individuals as personal information and you maintain all rights over your personal information as outlined in this privacy policy, regardless of whether AI Technologies are used in processing. When using AI Technologies with your personal information:

1. Transparency and control: we will inform you when AI Technologies are being used to make decisions that may significantly affect you. We will implement processes to verify the accuracy of AI-generated outputs and we will take reasonable steps to maintain human oversight and review of significant AI-generated decisions. Our staff are trained to understand the limitations of AI systems and verify outputs before they are relied upon; and
2. Security: we implement appropriate technical and organisational measures to ensure that our use of AI Technologies maintains the security and integrity of your personal information. This includes regular testing and monitoring of AI outputs for accuracy and reliability; and
3. Risk mitigation: We regularly assess and document the risks associated with our use of AI Technologies in processing personal information and implement appropriate mitigation measures. This includes ongoing monitoring of AI Technologies and regular reviews of their performance and impact.

Please do the following:

1. E-mail your findings to hello@wydagame.com immediately. Encrypt your findings to prevent this critical information from falling into the wrong hands.
2. Do not take advantage of the vulnerability or problem you have discovered, for example by downloading more data than necessary to demonstrate the vulnerability or deleting or modifying other people's data.
3. Do not reveal the problem to others until it has been resolved.
4. Do not use attacks on physical security, social engineering, distributed denial of service, spam or applications of third parties.
5. Do provide sufficient information to reproduce the problem, so we will be able to resolve it as quickly as possible. Usually, the IP address or the URL of the affected system and a description of the vulnerability will be sufficient, but complex vulnerabilities may require further explanation.

What we promise:

1. We will respond to your report within 3 business days with our evaluation of the report and an expected resolution date.
2. If you have followed the instructions above, we will not take any legal action against you in regard to the report.
3. We will handle your report with strict confidentiality, and not pass on your personal details to third parties without your permission.
4. We will keep you informed of the progress towards resolving the problem.
5. In the public information concerning the problem reported, we will give your name as the discoverer of the problem (unless you desire otherwise).
6. We strive to resolve all problems as quickly as possible, and we would like to play an active role in the ultimate publication of the problem after it is resolved.

Type of Data:

1. Identity Data
2. Contact Data

Legal Basis for processing:

1. Performance of a contract with you

Type of Data:

1. Identity Data
2. Contact Data

Legal Basis for processing:

1. Performance of a contract with you

Type of Data:

1. Identity Data
2. Contact Data
3. Profile Data

Legal Basis for processing:

1. Performance of a contract with you

Type of Data:

1. Identity Data
2. Contact Data

Legal Basis for processing:

1. Legitimate interests: to ensure we provide the best client experience we can offer by answering all of your questions

Type of Data:

1. Identity Data
2. Contact Data
3. Financial Data
4. Transaction Data

Legal Basis for processing:

1. Performance of a contract with you
2. To comply with a legal obligation
3. Legitimate interests: to recover debts due to us and ensure we can notify you about changes to our terms of business and any other administrative points

Type of Data:

1. Profile Data
2. Technical and Usage Data

Legal Basis for processing:

1. Legitimate interests: to keep our website updated and relevant, to develop our business, improve our business and to inform our marketing strategy

Type of Data:

1. Identity Data
2. Contact Data
3. Profile Data
4. Technical and Usage Data
5. Marketing and Communications Data

Legal Basis for processing:

1. Legitimate interests: to develop and grow our business

Type of Data:

1. Identity Data
2. Contact Data
3. Profile Data
4. Technical and Usage Data
5. Marketing and Communications Data

Legal Basis for processing:

1. Legitimate interests: to facilitate engagement with our business and grow our business

Type of Data:

1. Identity Data
2. Contact Data
3. Professional Data

Legal Basis for processing:

1. Legitimate interests: to consider your employment application

Type of Data:

1. Identity Data
2. Contact Data
3. Profile Data
4. Financial Data
5. Transaction Data
6. Technical and Usage Data
7. Professional Data

Legal Basis for processing:

1. To comply with a legal obligation

The privacy protections available in the countries to which we send data for the purposes listed above may be less comprehensive than what is offered in the country in which you initially provided the information. Where we transfer your personal information outside of the country where you are based, we will perform those transfers using appropriate safeguards in accordance with the requirements of applicable data protection laws and we will protect the transferred personal information in accordance with this Privacy Policy and Appendix 1. This includes:

1. only transferring your personal information to countries that have been deemed by applicable data protection laws to provide an adequate level of protection for personal information; or
2. including standard contractual clauses in our agreements with third parties that are overseas.