Privacy Policy

This Privacy Policy explains how My Markets NZ Limited trading as MyMotoMarket collects, uses, discloses, stores and protects personal information in connection with the MyMotoMarket website, platform, checkout, identity verification, listings, messaging and related services.

It is intended to be read together with the MyMotoMarket Terms and Conditions. Capitalised terms used in this Privacy Policy have the meanings given below or in the Terms and Conditions, unless the context requires otherwise.

Our identity and contact details

We are My Markets NZ Limited, a company registered in New Zealand, company number 9442460, trading as MyMotoMarket.

GST number: Not currently applicable.

Our Website is www.mymotomarket.co.nz and any related website, page, application, checkout, messaging system or online service owned or operated by us.

Our contact email for privacy matters is support@mymotomarket.co.nz.

You should not use Our Website or any Service if you do not agree with this Privacy Policy or the way in which we collect, use, disclose, store and protect personal information as described in it.

1. Definitions

“Account” means the account created by a User to access marketplace features, create Listings, contact Sellers, use Purchase This Listing or otherwise use Our Website.

“Business Seller” means a User who lists, offers or sells any item through Our Website in trade or as part of a business.

“Buyer” means a User who browses, saves, enquires about, clicks Purchase This Listing for, negotiates for, buys or attempts to buy any Listed Item.

“ID Verification” means the identity verification process made available through Stripe Identity or any other third party verification provider we use from time to time.

“Listed Item” means any motorcycle, trailer, part, accessory, riding gear, helmet, apparel, equipment or other item listed or offered by a Seller through Our Website.

“Listing” means a listing, advertisement, draft listing or renewed listing created by a Seller on Our Website.

“Personal information” means information about an identifiable individual.

“Purchase This Listing” means the Website function by which a Buyer indicates an intention to purchase or progress a Listing and by which the Buyer’s contact details may be shared with the Seller.

“Seller” means a User who creates a Listing, offers a Listed Item, responds to a Buyer enquiry, or sells or attempts to sell a Listed Item.

“Stripe” means Stripe or any Stripe group company or service provider used for payment processing or ID Verification.

“User” means any Visitor, member, Buyer, Seller, Business Seller or other person who uses Our Website.

“Visitor” means anyone who visits Our Website without registering or logging in.

2. Scope of this Privacy Policy
   1. This Privacy Policy applies to personal information we collect or hold through Our Website, Checkout, user registration, ID Verification, Listings, messaging, Purchase This Listing, support, reports, complaints, payment administration and related platform operations. Our Website is intended for New Zealand listings only, where the Listed Item is located in New Zealand and the transaction is intended to be completed in New Zealand.
   2. It applies to Visitors, Users, Buyers, Sellers, Business Sellers and any person who contacts us or provides personal information to us in connection with Our Website or Services.
   3. This Privacy Policy does not apply to the privacy practices of Stripe, banks, courier providers, external websites, social media platforms, other Users, or other third parties except to the extent that they process personal information for us or on our behalf.
   4. Where another party such as Stripe or a payment provider collects your information directly, that party may also be responsible for explaining its own privacy practices to you through its own privacy policy, notices and terms.
3. Privacy Act and privacy principles
   1. We will handle personal information in accordance with the Privacy Act 2020 and any other New Zealand privacy law that applies to us.
   2. The Privacy Act 2020 includes principles about the collection, use, disclosure, storage, access, correction and overseas disclosure of personal information. This Privacy Policy is intended to explain those matters in the context of the MyMotoMarket platform.
   3. If we collect personal information about you from a source other than you, we will take reasonable steps to make sure you are informed where required by the Privacy Act 2020.
   4. Where biometric processing rules apply to ID Verification, we will handle our role in that process consistently with applicable New Zealand privacy requirements. We rely on Stripe or the relevant verification provider to provide its own notices and controls for the biometric processing it carries out through the verification flow.
4. Personal information we collect
   1. Account and registration information: name, display name, email address, phone number, login details, password or authentication credentials, user ID, Account status, verification status, communication preferences and related Account information.
   2. Identity verification information: information required to complete, attempt or support ID Verification, which may include your name, date of birth, identity document details, government identity number, images of identity documents, facial images, selfie images, biometric identifiers, verification outcome, verification date, verification reference, information about failed or incomplete verification attempts, information about the number of verification attempts, information about non-consent to a particular verification method, and information collected or checked through any alternative verification method.
   3. Payment and Checkout information: payment amount, Fee type, Membership Fee, Listing Fee, Fee Correction, any future Premium Business Service fee, order history, Checkout status, payment status, payment provider reference, receipt details, GST or tax information, refund information and payment metadata. We do not store complete card numbers on Our Website unless expressly stated otherwise.
   4. Listing information: Listing title, description, asking price, category, item location, confirmation or indication that the Listed Item is located in New Zealand, photographs, Listed Item details, condition, ownership information, Warrant of Fitness or registration details, known faults, modifications, finance or security interest information, service history, accident history, provenance and any other information you include in a Listing.
   5. Buyer and enquiry information: saved favourites, enquiries, replies, messages, Purchase This Listing activity, purchase interest, contact details shared with a Seller, Listing interaction history and any related communications.
   6. Business Seller information: business name, trading name, business contact details, business status, business profile information, business Listing details, authorisation details for the person using Our Website on behalf of the business, and information displayed on the business profile or Listings.
   7. Support, reports and complaints: information you send to us when asking for help, reporting a Listing or User, raising a safety concern, making a complaint, responding to a report, providing feedback or otherwise contacting us.
   8. Technical and usage information: IP address, device information, browser type, operating system, log data, cookie identifiers, session information, page views, click activity, error reports, security logs, fraud-prevention signals, approximate location inferred from technical data and other information about your use of Our Website.
   9. Marketing and communication information: subscription preferences, email interaction information, feedback, survey responses, promotional preferences and any consent or opt-out information.
   10. We ask Users not to Post unnecessary personal information about themselves or any other person. If you include personal information in a Listing, message, photograph, report, support request or other Content, that information may be collected, used and disclosed in accordance with this Privacy Policy and the Terms and Conditions.
5. How we collect personal information
   1. We collect personal information directly from you when you visit Our Website, create an Account, complete Checkout, pay a Fee, complete or attempt ID Verification, create a Listing, send a message, click Purchase This Listing, contact support, report a concern or otherwise use Our Website.
   2. We collect personal information automatically when you use Our Website, including through cookies, logs, analytics tools, security tools and platform functionality.
   3. We may receive personal information from Stripe, payment providers, identity verification providers, hosting providers, email providers, analytics providers, security providers, support providers, other Users, law enforcement, regulators, professional advisers, insurers and other relevant third parties.
   4. We may collect or verify business-related information from public registers, business websites, public online sources, communication records and information provided by the person using Our Website on behalf of a business.
   5. If another User reports a Listing, message, transaction, safety issue or complaint involving you, we may collect and use the information contained in that report for safety, support, fraud-prevention, compliance and enforcement purposes.
6. Why we use personal information
   1. We use personal information to provide, operate, administer, maintain, secure, improve and support Our Website and Services.
   2. We use personal information to create and manage Accounts, verify email addresses, administer login access, maintain user records and communicate with Users.
   3. We use personal information to support ID Verification, rely on verification outcomes, reduce fake accounts, improve accountability, manage failed or incomplete verification attempts, manage non-consent to a particular verification method, consider or carry out alternative verification methods, detect suspected fraud or synthetic identity risk, and protect Users and Our Website from fraud and misuse.
   4. We use personal information to process Membership Fees, Listing Fees, Fee Corrections, refunds, receipts, launch offers, any future Premium Business Service fees and other payments to us.
   5. We use personal information to publish, manage, review, hide, renew, suspend, remove and administer Listings.
   6. We use personal information to enable Buyers and Sellers to communicate, including through messaging, enquiries, notifications and the Purchase This Listing function.
   7. We use personal information to share Buyer contact details with Sellers when Purchase This Listing is used, so that the Buyer and Seller can arrange payment, collection, delivery or other transaction details off Our Website.
   8. We use personal information to provide support, respond to questions, investigate reports, manage complaints, address safety concerns, take platform action and enforce the Terms and Conditions.
   9. We use personal information for fraud prevention, scam reduction, trust and safety, security monitoring, misuse detection, legal compliance, record keeping, insurance, tax, accounting, dispute management and protection of our legal rights.
   10. We may use personal information to send service messages, account notices, safety notices, payment notices, Listing reminders, renewal reminders, policy updates and other operational communications.
   11. We may use personal information to send marketing communications, community updates, launch updates, business service updates or promotional material where permitted by law. You may opt out of marketing communications, but you may still receive service and account-related communications.
   12. We may use aggregated, anonymised or de-identified information to understand platform use, improve Our Website, identify trends and develop future services. We will not treat information as anonymised if it can reasonably identify an individual.
7. ID Verification, Stripe Identity and biometric information
   1. Every member must complete ID Verification before accessing marketplace features, unless we expressly waive or modify that requirement.
   2. ID Verification is carried out through Stripe Identity or another third party verification provider selected by us. The verification provider may collect and process identity document images, facial images, selfie images, biometric identifiers, name, date of birth, government identity number and other verification information.
   3. Stripe or the relevant verification provider may ask for your consent and provide its own privacy notices before collecting or using biometric information. You should read those notices carefully before starting ID Verification. We may also provide or link to additional notices on Our Website explaining why ID Verification is required, what information may be involved, and whether an alternative verification option is available.
   4. Unless expressly stated otherwise, we do not store copies of your identity documents or verification photographs on Our Website. We record the verification outcome, including whether verification succeeded and when, and may record verification reference information needed for account access, safety, support and compliance purposes.
   5. ID Verification is intended to reduce fake accounts and improve accountability. It is not a police check, background check, credit check, security clearance, endorsement, warranty or guarantee of any User, Listed Item, transaction or conduct.
   6. We do not use biometric information for marketing, unrelated profiling, public display, sale to third parties or any purpose unrelated to identity verification, fraud prevention, platform safety, account administration, compliance or lawful support activity.
   7. We may limit the number of ID Verification attempts. If ID Verification fails, is not completed, or you do not consent to a particular verification method, we may allow you to try again, require further information, or offer an alternative verification method. We are not obliged to provide access to marketplace features unless verification is completed to our satisfaction.
   8. An alternative verification method may include manual checks, direct communication, a video call, or other steps we consider appropriate. If we use a video call or other manual process, we may ask to sight you and your identification document for verification purposes. Unless we tell you otherwise, we will record the outcome of the alternative verification process, but we will not retain copies of identity documents, screenshots or verification photographs from that process on Our Website.
   9. Where enabled for Our Website, Stripe or the relevant verification provider may use automated tools to assess whether verification information appears genuine, consistent or linked to suspected fraud. This may include checks for duplicate, inconsistent or suspicious biometric information and personal information, including where matching facial images or selfie images appear with different personal information.
   10. Where required by applicable law, or where we consider it appropriate, we may carry out or request manual review before relying on a failed, incomplete, suspicious or fraud-related verification outcome to refuse, suspend or restrict access to marketplace features.
8. Payment processing
   1. Payments to us for Membership Fees, Listing Fees, Fee Corrections, any future Premium Business Service fees and other Fees are processed by Stripe or another payment service provider selected by us.
   2. We collect and hold payment administration information such as the Fee paid, payment status, order record, receipt record, payment provider reference and refund status.
   3. Card and payment details are processed by the payment provider. We do not control all parts of the payment provider’s processing and you should read the payment provider’s privacy policy and terms.
   4. Payment for Listed Items takes place directly between Buyer and Seller, off Our Website. We do not receive, hold, transfer, protect, insure, guarantee or release funds for Listed Items.
   5. We may retain payment and order records where reasonably required for tax, accounting, audit, dispute, refund, fraud-prevention, legal or business record purposes.
9. Listings, messages and contact details
   1. Listings may be visible to Visitors, Users, search engines and other persons who can access Our Website. Information included in a Listing may therefore become publicly accessible or widely available. Listings should relate to items located in New Zealand, and the item location shown in a Listing may be used to support the operation, safety, search, moderation and administration of Our Website.
   2. Other Users normally see only the display name and information made visible through the Account, Listing or business details, unless additional information is shared through platform functionality, message content or by the User directly.
   3. Messages are intended only for genuine buying, selling, support, Listing and transaction-related purposes. We may monitor, access, store or review messages and related metadata where reasonably necessary for support, safety, fraud prevention, legal compliance, Website operation or enforcement of the Terms and Conditions.
   4. When a Buyer clicks Purchase This Listing, the Buyer’s name, email address and phone number may be shared with the Seller so that the Buyer and Seller can arrange the transaction off Our Website.
   5. When a person lists as a Business Seller, additional business details may be visible on Our Website.
   6. Users must not misuse contact details obtained through Our Website. Contact details may be used only for the genuine transaction, enquiry or Listing purpose for which they were provided.
10. Cookies, analytics and similar technologies
    1. We may use cookies, pixels, tags, local storage, analytics tools and similar technologies to operate Our Website, keep Users logged in, remember preferences, support Checkout, support ID Verification, improve performance, analyse use, prevent fraud and maintain security.
    2. Some cookies or similar technologies may be necessary for Our Website to function. If you disable them, some features may not work properly, including Account access, Checkout, ID Verification, Listings and messaging.
    3. We may use analytics and measurement tools to understand how Users find and use Our Website, which pages are visited, which features are used, and how Our Website can be improved.
    4. Third party providers such as Stripe, hosting providers, analytics providers, email providers and security providers may also use cookies or similar technologies in connection with the services they provide.
    5. Before publication, the final cookie wording should be checked against the actual cookies, analytics tags and third party tools used on the live Website.
11. Disclosure of personal information
    1. We may disclose personal information where reasonably necessary for the purposes described in this Privacy Policy, the operation of Our Website, the provision of Services, compliance with law, protection of Users, or protection of our business and legal position.
    2. We may disclose personal information to other Users where the Website functionality requires it, including displaying Listings, displaying Business Seller information, displaying relevant Account or display-name information, enabling messages, and sharing Buyer contact details with a Seller when Purchase This Listing is used.
    3. We may disclose personal information to Stripe, payment providers, identity verification providers, hosting providers, website developers, email providers, SMS providers, analytics providers, security providers, support providers, database providers and other technology or operational service providers.
    4. We may disclose personal information to professional advisers, insurers, auditors, accountants, debt collection providers, business advisers and persons involved in the sale, transfer, restructuring or continuation of Our Website or business.
    5. We may disclose personal information to law enforcement, regulators, courts, tribunals, government agencies, payment providers, verification providers, insurers or other relevant persons where we reasonably consider disclosure to be lawful and appropriate.
    6. We may disclose personal information to investigate or respond to fraud, scams, stolen goods, counterfeit goods, unsafe items, security issues, legal complaints, regulatory requests, user disputes, payment issues, verification issues or breaches of the Terms and Conditions.
    7. We do not sell personal information. We may use or disclose aggregated, anonymised or de-identified information for business, analytics, reporting, development, research, safety or promotional purposes where individuals are not reasonably identifiable.
12. Disclosure outside New Zealand
    1. Some of our service providers, including Stripe, payment providers, identity verification providers, hosting providers, analytics providers, email providers and support providers, may be located outside New Zealand or may store, process or access personal information from outside New Zealand.
    2. Where we disclose personal information outside New Zealand, we will take reasonable steps required by the Privacy Act 2020 where those requirements apply to us.
    3. Foreign service providers and overseas recipients may be subject to foreign laws. This may affect how personal information is handled, accessed or disclosed in those jurisdictions.
    4. Where Stripe or another provider collects information directly from you, that provider may make its own overseas disclosures under its own privacy policy and contractual arrangements.
13. Security of personal information
    1. We will take reasonable steps to protect personal information we hold against loss, unauthorised access, unauthorised use, unauthorised disclosure, alteration and other misuse.
    2. Security measures may include account controls, access restrictions, password controls, hosting safeguards, provider security controls, monitoring, backup procedures, staff or contractor access limits and administrative safeguards appropriate to the nature of the information.
    3. No website, platform, transmission, storage system, identity verification process or payment process can be guaranteed to be completely secure. You use Our Website with that understanding.
    4. You are responsible for keeping your login details secure and for notifying us promptly if you suspect unauthorised access to your Account or misuse of your information.
    5. We rely on Stripe and other third party providers to apply their own security controls to information they collect or process through their own systems.
14. Retention of personal information
    1. We will keep personal information for as long as reasonably required for the purposes for which it was collected, for the operation of Our Website, for provision of Services, for safety and fraud prevention, for legal compliance, for tax and accounting records, for dispute management, for insurance purposes, or for protection of our legal rights.
    2. Account information may be retained while your Account is active and for a reasonable period after closure where required for records, support, fraud prevention, safety, legal, tax, accounting, insurance or dispute purposes.
    3. Listings, messages, reports, complaints, support records and transaction-related records may be retained where reasonably required to operate Our Website, respond to disputes, investigate misuse, enforce the Terms and Conditions, comply with law or protect Users and our business.
    4. Verification outcome information may be retained while your Account remains active and for a reasonable period afterwards. This may include whether verification succeeded or failed, the date of verification, verification reference information, information about the number of verification attempts, and the outcome of any alternative verification method. Identity documents, facial images, selfie images and biometric identifiers handled by Stripe or another verification provider are retained by that provider in accordance with its own privacy policy, retention rules and legal obligations.
    5. Payment and order records may be retained for tax, accounting, audit, payment, refund, dispute, fraud-prevention and business record purposes.
    6. We may retain backup copies or archived records for a limited period as part of ordinary backup, security and business continuity processes.
    7. Where personal information is no longer reasonably required, we may delete it, anonymise it, de-identify it or retain it only where lawful and appropriate.
15. Access and correction
    1. You may ask us whether we hold personal information about you and may request access to that information.
    2. You may ask us to correct personal information we hold about you if you consider it is inaccurate, out of date, incomplete, irrelevant or misleading.
    3. We may need to verify your identity before responding to an access or correction request.
    4. We will respond to access and correction requests in accordance with the Privacy Act 2020.
    5. If the information you want is held by Stripe, a payment provider, an identity verification provider, another User or another third party, you may need to make your request directly to that party.
    6. Access and correction requests should be sent to support@mymotomarket.co.nz.
16. Privacy breaches
    1. If we become aware of a privacy breach involving personal information we hold, we will assess the breach and take reasonable steps to contain, investigate and respond to it.
    2. Where a breach is notifiable under the Privacy Act 2020, we will notify the Privacy Commissioner and affected individuals as required by law.
    3. You should notify us promptly if you become aware of any unauthorised access, disclosure, loss, misuse or suspected compromise of your Account or personal information connected with Our Website.
17. Children and under-18 users
    1. Our Website is intended for Users who are at least 18 years old and legally able to enter into a binding contract.
    2. We do not knowingly provide marketplace features to persons under 18. If we become aware that a person under 18 has created an Account or provided personal information without proper authority, we may suspend or close the Account and delete or restrict the relevant information where appropriate.
18. Third party websites, providers and other Users
    1. Our Website may contain links to third party websites, payment pages, identity verification pages, social media pages, courier services, external resources or other services not operated by us.
    2. We are not responsible for the privacy practices, content, security or conduct of third party websites or services. You should review the privacy policy and terms of any third party service you use.
    3. Other Users are responsible for how they use contact details or other personal information disclosed to them through Our Website. Misuse of contact details is prohibited by the Terms and Conditions, but we cannot guarantee the conduct of other Users.
19. Direct marketing and service messages
    1. We may send you service, operational and account-related messages, including email verification, payment notices, receipts, Listing reminders, renewal reminders, safety notices, support messages and changes to our Terms and Conditions or Privacy Policy.
    2. We may send marketing or promotional communications about MyMotoMarket, launch offers, community updates, Website features or future services, including any Premium Business Services if introduced, where permitted by law.
    3. You may unsubscribe from marketing communications by using the unsubscribe mechanism provided or by contacting us. You may still receive service, safety, account, legal and transaction-related communications.
20. Changes to this Privacy Policy
    1. We may update this Privacy Policy from time to time to reflect changes in Our Website, Services, technology, providers, legal requirements or business operations.
    2. Changes take effect when posted on Our Website or when otherwise notified to you, unless the notice states a later date.
    3. If you continue using Our Website or any Service after the change takes effect, you will be treated as having accepted the updated Privacy Policy.
21. Contact and complaints
    1. If you have any question, request or complaint about privacy or this Privacy Policy, please contact us at support@mymotomarket.co.nz. 
    2. Please include enough detail for us to understand and respond to your request. We may ask for further information or identity verification before dealing with some requests.
    3. We will try to resolve privacy complaints directly with you. If you are not satisfied with our response, you may contact the Office of the Privacy Commissioner in New Zealand.