1. Collecting personal information
1.1 We will generally collect personal information directly from you, unless it is unreasonable or impracticable to do so. We may also collect personal information from third parties such as your representatives or external data suppliers. When we have collected personal information about you, we will notify you at the point of collection, or as soon as practicable, to ensure that you are aware of such collection and its purpose.
1.2 If someone other than you provides us with personal information about you that we did not ask for and we determine that we could have collected this information from you had we asked for it, we will notify you as soon as practicable. However, this notice will not be provided if doing so would be a breach of an obligation of confidence. If we could not have collected this personal information, we will lawfully de-identify or destroy the personal information.
1.3 We will only collect sensitive information revealing your race, ethnic origin, political opinions, religious or philosophical beliefs, trade union memberships or details of health or disability if:
- you have given express consent to us to do so and the information is reasonably necessary for us to carry out our functions or activities; or
- the use of information is:
- required or authorised under Australian or New Zealand law or a court or tribunal order;
- necessary for the establishment, exercise or defence of a legal claim;
- necessary for lessening or preventing a serious threat to health or safety;
- necessary to take appropriate action in relation to suspected unlawful activity or serious misconduct;
- used in relation to confidential alternative dispute resolution process.
2.1 We may collect non-personal information about the computer, mobile telephone, smartphone or other device that you use to access our products or services. Where you allow our mobile services and products to deliver content based on your location (by enabling this feature on your mobile device) we may collect location data. This information is used only for the automated delivery of relevant content to you and for no other purpose.
2.2 We may use a cookie file containing information that can identify the computer you are working from. The cookie file is anonymous as it only gives us details of your IP address, PC platform (Windows, Linux or OS X), Browser (e.g. Internet Explorer, Google Chrome, or other, plus the version of Browser) We may use the information generated by "cookies" to:
- track traffic patterns to and from our sites such as the pages you visit, the time you spend on each page, the date and time of your visit, where your mouse hovers, and referring pages (pages you came from or go to);
- ensure advertising is being shown to the most appropriate person and limit the frequency of display for certain ad formats; and
- enable you to use certain services as a member without having to log on each time and to visit member-restricted areas of the site.
2.3. We may allow third-party companies to serve ads and/or collect certain information when you and other Internet users visit our websites. These companies may use non-personally identifiable information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) and precise geo location and user device identification (if you have provided your consent to us) during your visits to this site and other websites in order to provide advertisements about goods and services likely to be of greater interest to you.
We also contract with online measurement companies and other service providers to manage and optimise our Internet business and communications. These companies collect information about visits to our site to assist us in analysing the site's performance and advertising effectiveness and optimising the site for readers and marketers.
Third party companies may also use your non-personal information collected in this way in aggregated form or for statistical purposes.
3. Use and disclosure of information
3.1 Your personal information may be used by us in a number of ways, including to:
- provide the products and services offered on the Site and in any other forum to you;
- enhance and improve your use of the Site and our products and services;
- respond to any questions, comments or queries submitted on the Site or by any other means;
- disperse marketing materials and keep you informed about new products, initiatives and opportunities;
- for internal business purposes, for example, to research and develop the Site and our other products and services; and
- as required or authorised by law,
4. Direct marketing
4.1 We may use personal information about you for the primary purpose of providing you with our services. We may also use it for other purposes for which you might reasonably expect us to use that information. This includes sending you information about new developments, products, services and special offers by post, telephone or any form of electronic communication. We may also contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases your personal information is not transferred to the third party. You authorise us to use any email address or other contact information you provide to use at any time for such above purposes.
4.2 You agree and acknowledge that even if you opt out of receiving marketing material, we will still send you essential information that we are required to send you relating to the services we provide.
5. Accuracy of your information
We are based in New Zealand, any personal information that you provide to us will be collected, held and processed by us in New Zealand. Under the Privacy Act of New Zealand, you have rights of access to and correction of personal information that we hold. We offer the ability to correct or change the information collected at any time and as often as necessary. Contact us by email at Richard.firstname.lastname@example.org if you would want to make any changes.
6. Your consent
For direct marketing activities:
- based on consent - "Where we have your consent, we may send you marketing communications."
- based on legitimate interest- "We believe that we have a legitimate interest in sending you marketing communications”
You have rights to withdraw consent at any time. For GDPR ( EU Data subjects) refer to Exercise Your Rights sections for details on how to.
7. Storage and Security
7.1 We will use all reasonable endeavours to keep your personal information in a secure environment, however this security cannot be guaranteed. Our procedures are designed to prevent your personal information being accessed by unauthorised personnel, lost or misused. If you reasonably believe that there has been unauthorised use or disclosure of your personal information please contact us (see section 10.2 below).
NB: No data transmission over the Internet can be guaranteed to be 100% secure. We cannot guarantee or warrant the security of any information you transmit on or through our Sites and you do so at your own risk.
7.2 If we no longer need your personal information, unless we are required under law or a court or tribunal order to retain it, we will take reasonable steps to destroy or securely delete your personal information in accordance with our document retention policy.
8. Variation and consent to variation
9. Privacy breach, Correcting, and Updating information we hold about you
We are based in New Zealand, any personal information that you provide to us will be collected, held and processed by us in New Zealand. Under the Privacy Act of New Zealand, you have rights of access to and correction of personal information that we hold. We offer the ability to correct or change the information collected at any time and as often as necessary
9.2 If you request access to the personal information we hold about you, we will respond to your request within a reasonable period of time and, where reasonable and practicable, give access to the information in the manner you request. This will be subject to any exemptions allowed under the Privacy Act. You may request this information by writing to our Privacy Officers:
New Zealand: Richard Schloeffel, Colenso BBDO, 100 College Hill, Freemans Bay, Auckland 1011
We may charge a reasonable fee for providing that information
9.3 When contacting us, you have the option to either not identify yourself or to use a pseudonym. However, this will not apply if it is impracticable for us to communicate with you that way or if we are required or authorised under Australian law (or a court or tribunal order) to only deal with individuals who have identified themselves.
9.4 If you believe your privacy has been breached please contact our Privacy Officer.
10. GDPR - Exercise your Rights (EU Data subjects)
Data Protection Officer
Colenso is headquartered in Auckland, New Zealand. Colenso has appointed an internal data protection officer for you to contact if you have any questions or concerns about Colenso's personal data policies or practices. Colenso BBDO's data protection officer’s contact information are as follows:
Richard Schloeffel, Colenso BBDO, 100 College Hill, Freemans Bay, Auckland 1011
You have the following rights in relation to the personal information we hold about you:
10.1 Your right of access
If you ask us, we’ll confirm whether we’re processing your personal information and, if so, provide you with a copy of that personal information (along with certain other details). If you require additional copies, we may need to charge a reasonable fee.
10.2 Your right to rectification
If the personal information we hold about you is inaccurate or incomplete, you’re entitled to have it rectified. If we’ve shared your personal information with others, we’ll let them know about the rectification where possible. If you ask us, where possible and lawful to do so, we’ll also tell you who we’ve shared your personal information with so that you can contact them directly.
10.3 Your right to erasure
You can ask us to delete or remove your personal information in some circumstances such as where we no longer need it or if you withdraw your consent (where applicable). If we’ve shared your personal information with others, we’ll let them know about the erasure where possible. If you ask us, where it is possible and lawful for us to do so, we’ll also tell you who we’ve shared your personal information with so that you can contact them directly.
10.4 Your right to restrict processing.
You can ask us to ‘block’ or suppress the processing of your personal information in certain circumstances such as where you contest the accuracy of that personal information or you object to us processing it. It won’t stop us from storing your personal information though. We’ll tell you before we lift any restriction. If we’ve shared your personal information with others, we’ll let them know about the restriction where it is possible for us to do so. If you ask us, where it is possible and lawful for us to do so, we’ll also tell you who we’ve shared your personal information with so that you can contact them directly.
10.5 Your right to data portability.
With effect from 25 May 2018, you have the right, in certain circumstances, to obtain personal information you’ve provided us with (in a structured, commonly used and machine-readable format) and to reuse it elsewhere or to ask us to transfer this to a third party of your choice
10.6 Your right to object.
You can ask us to stop processing your personal information, and we will do so, if we are:
- relying on our own or someone else’s legitimate interests to process your personal information, except if we can demonstrate compelling legal grounds for the processing; or
- processing your personal information for direct marketing.
- Your rights in relation to automated decision-making and profiling.
You have the right not to be subject to a decision when it’s based on automatic processing, including profiling, if it produces a legal effect or similarly significantly affects you, unless such profiling is necessary for entering into, or the performance of, a contract between you and us.
10.7 Your right to withdraw
If we rely on your consent (or explicit consent) as our legal basis for processing your personal information, you have the right to withdraw that consent at any time.
10.8 Your right to lodge a complaint with the supervisory authority.
If you have unresolved concerns, you have the right to complain to data protection authorities. The relevant data protection authority will be the data protection authority of the country: (i) of your habitual residence; (ii) of your place of work; or (iii) in which you consider the alleged infringement has occurred.
Please note that we may still use any aggregated and de-identified Personal Information that does not identify any individual and may also retain and use your information as necessary to comply with our legal and/or contractual obligations, resolve disputes, and enforce our agreements
11. Children’s privacy
Protecting the privacy of the young, i.e. children under the age of 13, is especially important. For that reason, we never collect or maintain information for our services from those we know are under 13, and no part of our services are structured to attract anyone under 13. If a child has provided us with personal information, we ask that a parent or guardian of the child contact us at Richard.email@example.com if they would like the information submitted by the child deleted from our database. We will use all reasonable efforts to delete such information from our database.
12. Changes to Policy
13. More Information
For information about New Zealand's Privacy Acts and how they protect the personal information of individuals, please refer to the following links: