Privacy Policy

Owner and Data Controller:

HW Richardson Group Ltd

25 Esk Street 1104

Invercargill 9840

New Zealand

[email protected]

mytransport is a subsidiary company of HW Richardson Group Ltd.

[email protected]


USER PRIVACY

Introduction

  • This Policy sets out how mytransport and H W Richardson Group Limited (HWR, us, we, our) deals with your personal information or data and how we protect your privacy.

  • We will only deal with personal information and data in accordance with the Privacy Act 2020 (Privacy Act). The Privacy Act provides a framework for protecting the right to privacy of personal information, including the right to access your personal information, while recognising that other rights and interests may also need to be taken into account.

Collection of Personal Information/Data

We will, from time to time, collect personal information or data from you or others that directly relates to our business.

We will collect personal information from you if you interact with us.

We collect personal information from job candidates, employees, contractors, customers, visitors, potential customers and people who use our website.

Where you interact with us, we will collect some or all of the following personal information/data:

  • Your full name;

  • Your contact details including your email address, phone number and/or postal address;

  • Your written communications with us;

  • Your credit card number, name on your card, expiry date, and CVC code;

  • Your bank account details;

  • Your IRD number;

  • Your engagement with our website, our social media sites and/or services.

If you are a job candidate or an employee, we may collect your personal information to assess suitability for employment and promotion, through screening, interviewing, medical checking, pre-employment vetting and reference checking, and for the efficient administration of our various business processes, such as payroll functions. If you are successful in your application for employment, we will retain the information collected in relation to that application on your personal file

Use, storage and security of personal information

  • We will only collect, use and disclose personal information in accordance with the Privacy Act.

  • We will not sell your personal information or use it for an unlawful purpose.

  • We will only share your personal information if required by law or if we need to with trusted third parties (third parties) who provide services to our business, for example, IT support services, our legal representatives, financial advisors, our accountant etc.

  • We will use cookies and web beacons to understand how an individual engages with our website and services so we can improve our services, increase engagement, and provide you with more targeted information.

  • We keep your Personal Information for as long as it is required to provide you with the products or services you requested from us and to comply with legal requirements. If we no longer require your Personal Information for any purpose, including legal purposes, we will take reasonable steps to securely destroy or de-identify your Personal Information.

  • We will take reasonable steps to ensure that your Personal Information is stored securely and is protected from misuse and loss and from unauthorized access, modification or disclosure. We have a range of systems and communication security measures. Access to your Personal Information is restricted to those properly authorized to have access.

Access to and correction of Personal Information

  • We will make every effort to ensure that any personal information held by us is accurate, up to date, complete, and relevant to the purpose for which it was collected.

  • We may contact you from time to time to clarify whether your personal information is accurate and to respond to any enquiries you have made.

  • You have the right to ask for and access any personal information we hold about you, as required by the Privacy Act. If you consider any personal information, we hold about you is incorrect, you can ask us to change it. Any queries about your personal information can be raised with us.

  • Where we decline to correct the information held on you, we will ask you to provide us a statement of correction which we will attach to the personal information held.

  • To view or change your personal information, please contact our Privacy Officer, Elliott Mitchell, GM Corporate Services on [email protected] or +64 3 217 1706.

Privacy Officer

  • Our Privacy Officer is responsible for, amongst other things, encouraging and ensuring compliance with information privacy principles and dealing with Privacy Act requests. The Privacy Officer should be your first point of contact with any queries or concerns relating to your personal information or any matter relating to the Privacy Act.

  • The Privacy Officer is also responsible for dealing with all complaints, providing training and liaising with the Privacy Commission where required.

  • Complaints Process

  • If you are concerned that your privacy has been compromised or your rights under the Privacy Act have been breached, please immediately contact our Privacy Officer.

  • For more information about your rights and the Privacy Act, you can contact the Privacy Commissioner’s office on 0800 803 909 or [email protected] or visit the Privacy Commissioner’s website https://www.privacy.org.nz/

Notifiable Privacy Breach

If there is a breach of this Policy or any other breach of Privacy which has caused (or is likely to cause) serious harm, we will notify the Office of the Privacy Commissioner and any affected individual as soon as practicable.

In considering whether a privacy breach is likely to cause serious harm, we will take into account the following:

  • Any action taken by us to reduce the risk of harm following the breach;

  • Whether the personal information is sensitive in nature;

  • The nature of the harm that may be caused to affected individuals;

  • The person or body that has obtained or may obtain personal information as a result of the breach (if known);

  • Whether the personal information is protected by a security measure; and

  • Any other relevant matters.

Failure to report a breach of privacy to the Privacy Officer may have serious consequences for HWR, its employees or clients and may result in disciplinary action up to and including dismissal.

Consent to Privacy Policy

By engaging with our website, social media sites and/or our services, and/or by applying for or accepting employment with us you confirm your acceptance of this Policy, and you agree to our collection, use and disclosure of your personal information in accordance with this Policy and the Privacy Act.


WEBSITE AND APPLICATION TERMS AND CONDITIONS

The apps covered by this policy are:

mytransport - Co-Pilot available on Google Play Store and Apple App Store

Application

We operate websites and apps (App) (together, the Platform) that enables:

  • users to receive information in relation to the services offered by HWR; and

  • us to provide services to customers.

These terms and conditions (Terms) apply to any use of our Platform, whether as a guest or as a registered user.  Use of our Platform includes accessing, browsing, or registering to use our Platform.

By using our Platform, you confirm that you accept these Terms and agree to comply with them.

If you do not accept these Terms, you are not authorised to access and use our Platform, and you must immediately stop doing so.

Your Account and Password

If you are a registered user of our Platform, you are responsible for keeping your password secret and secure.

You must not disclose your password or allow any other person to use your login information to access our Platform.

Payment

We may provide a payment platform on our Platform, allowing you to make payment to us for our provision of services to you.

Our payment platform will enable to you to make payment to us by Credit Card or Debit Card using our third-party payment provider.  Payment by Credit Card or Debit Card will incur a transaction fee, being 2% of the amount paid by you (or such other amount designated by us or our third-party payment provider from time to time).

If you pay by Credit Card or Debit Card, you confirm that:

  • you accept any applicable terms and conditions of our third-party payment provider; and

  • we, or our third-party payment provider, may contact you to confirm your Credit Card or Debit Card details.

All payments to us must be made in New Zealand Dollars.

Once a payment has been made on our payment platform it cannot be cancelled.

We accept no responsibility for refusal or reversal of payments, which shall be a matter between you and your Credit Card or Debit Card issuer.

Emails

You agree that we may send you emails relating to your registration on our Platform, transactions you undertake through our Platform and for promoting our services.

Third Party Websites and Hyperlinking

Our Platform may contain links to other websites.  These links are provided for your information only and we have no control over the content or privacy practices of those websites.  Any links to other websites should not be construed as an endorsement, approval or recommendation of the businesses or organisations associated with those websites or anything referred to or contained in those websites, unless (and to the extent that) we have specified to the contrary.

By using our Platform, you expressly relieve us from any and all liability arising from your use of any third-party website.

Intellectual Property

We own all intellectual property rights in our Platform (except content uploaded directly by users of our Platform).  You must not use or distribute our intellectual property without our prior written consent.

Prohibited Uses

You must not use our Platform:

  • in any way that breaches any relevant law or regulation;

  • in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;

  • to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or

  • to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of our Platform, or any computer software or hardware.

You also agree not to:

  • reproduce, duplicate, copy or re-sell any part of our Platform; or

  • access (without authority), interfere with, damage or disrupt:

  • any part of our Platform;

  • any equipment or network on which our Platform is stored;

  • any software used in the provision of our Platform; or

  • any equipment or network or software owned or used by any third party.

Updates to the App

From time to time we may automatically update our App to improve performance, enhance functionality, reflect changes to the operating system or address security issues.  Alternatively, we may ask you to update the App for these reasons.

If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and our services.

Technical Data

By using our Platform, you agree to us collecting and using technical information about the devices you use the Platform on and related software, hardware and peripherals to improve and provide any services to you.

Location Data

Certain services that you access using our Platform may make use of location data sent from your devices.  You can turn off this functionality at any time by turning off the location services settings for the App on the device.

If you use our services, you consent to our transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based services.

Apps may collect location data to enable navigation, traffic alerts, and optimisation of routes even when the app is closed or not in use. This data will not be used to generate ads. You can choose to turn off location services at any time in your device settings, but some features of the app may not work properly without them. We respect your privacy and only share your location data with third parties that comply with our privacy policy.

Information

The public content on our Platform is provided for general information only.  It is not intended to amount to advice on which you should rely.  You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Platform.

Disclaimer

To the extent permitted by law, we do not warrant that:

  • any information provided on our Platform is free from errors or reliable; 

  • our Platform, or any content on it, will always be available or be uninterrupted. Access to our Platform is permitted on a temporary basis.  We may suspend, withdraw, discontinue or change all or any part of our Platform without notice;

  • our Platform will be secure or free from bugs or viruses.

Liability

We will not be liable:

  • if our Platform is unavailable at any time;

  • for any corruption of data or information held by us;

  • to the fullest extent permitted by law for any loss (including, without limitation, consequential loss, loss of profits or loss of data), damage, cost or expense of any kind suffered or incurred in connection with your use of our Platform.

Acceptance and termination of registration

You may only create an account as a registered user of our Platform if we have agreed to provide our services to you.

We can terminate your registration as a user of our Platform if, for any reason, we no longer provide our services to you.

Without limiting any other rights that we have, we may terminate your registration if we receive any complaints about you, you breach our terms and conditions or you create an account using false information.

General Provisions

You acknowledge that we may collect, use and disclose personal information about you in accordance with our privacy policy, which forms part of these Terms.

We may vary these Terms from time to time.  We will provide notice of the change by uploading the updated Terms on our Platform and we will also attempt to email you a copy of the updated Terms (if you have provided us with your email address).  You should periodically review the most up to date Terms on our Platform.  After uploading the update Terms on our Platform you will be deemed to have accepted those updated Terms if you continue to use our Platform or the services provided by us.

If any provision in these Terms is held to be invalid, illegal or unenforceable, this will not affect the validity of any other provision in these Terms.

The law of New Zealand applies to these Terms and the transactions contemplated by them.  The New Zealand courts have jurisdiction in respect of these Terms and the transactions contemplated by them.