Additional Rights and Obligations
Important Notice: New Zealand Residents
Our Web Services are intended for New Zealand residents only. If you are located in another country, you may be subject to other laws, including data protection laws. For that reason, if you are not located in New Zealand, you are not permitted to use, and must immediately cease using, our Web Services.
- Act means the Privacy Act 2020 (as amended or replaced from time to time).
- Group Company means any related company (as defined in section 2(3) of the Companies Act 1993) of Sime Darby Motor Group (NZ) Limited from time to time.
- Manufacturer means the manufacturer of the relevant motor vehicle or equipment brand.
- Sime Darby, we, us or our means Sime Darby Motor Group (NZ) Limited and our Group Companies from time to time, and our successors and permitted assignees.
- Personal information means information about an identifiable individual.
- Web Services means any of our websites (including https://www.simedarby.co.nz/), customer portals, mobile applications, and electronic media from time to time.
COLLECTION OF PERSONAL INFORMATION
What Types of Personal Information Do We Collect?
The personal information we collect will vary depending on the services that you use and your interactions with us. For example, we may collect the following types of personal information:
- Basic identification and contact information including name, gender, age, date of birth, address, email address, and telephone number(s).
- Driver’s license details where relevant, including where you undertake a test drive, require insurance, and to verify your identity.
- Other information that may personally identify you such as profession, hobbies, interests, and other preferences for marketing purposes and particularly if you enter into a competition or promotion.
- Information relating to previous insurance claims, details of previous accidents, and driving history if we assist you in applying for finance, leasing, or insurance.
- Other financial and credit information including information relating to your credit history if we assist you in applying for finance or credit.
- Information that you allow to be shared with us and that is part of your public profile on any social media network including information you share with us by posting on our social networks.
- Information that you provide to us or is otherwise publicly available, including, without limitation, your enquiries to us and our responses to them, contact with our customer representatives, promotions, customer surveys, feedback, and other communications, details of the products and services you have enquired about or purchased from or through us and any additional information necessary to deliver those products and services. This may include information that identifies a vehicle, including but not limited to, registration number, chassis number, vehicle identification number, and odometer reading.
- Any additional information relating to you that you provide to us through the use of our Web Services.
- Any membership information provided to us relating to any third-party membership program or loyalty schemes such as, without limitation, Beyond Loyalty programme, Fly Buys and Air Points.
- Information relating to your use, servicing, and repair of any vehicle purchased through us or that may be intended to be serviced or repaired by us, diagnostic and telematics information, and driving history.
- Information provided by Manufacturers, warranty providers, lessors, roadside assistance providers, insurers, servicing providers, financiers, and other service providers relevant to our business that you have in turn provided to them.
- Recordings of you from our CCTV system, if you enter a premises of ours that uses CCTV.
How Do We Collect Personal Information?
Generally, we collect personal information directly from you. We may also collect your personal information from a third party if you have authorized them to provide, or authorized us to collect, that information. For example, we may collect personal information from:
- Your access and use of our Web Services, including information entered by you and other analytic and diagnostic information from the same, including cookies, search histories, and other tools.
- Your enquiries to us and our responses to them, contact with our customer representatives, promotions, market research, customer surveys, feedback, and other communications.
- Any order or enquiry relating to a product or service or ours.
- Applications to third parties, including to any insurer, lessor, financier, roadside assistance provider, warranty provider, service provider, or similar.
- Our Group Companies and their agents, contractors, licensees, partners, suppliers, and service providers, including, without limitation, advertisers and market research providers.
- Manufacturers, warranty providers, lessors, roadside assistance providers, insurers, servicing providers, financiers, and other service providers relevant to our business based on information that you have in turn provided to them and may be relevant to the improvement of our products and services to you.
- Credit reporting agencies, debt collection agencies, law enforcement agencies, government departments, and other publicly available sources.
We also collect information through our Web Services, which use a technology called cookies. A “cookie” is a small data element that is transferred to your device. The use of “cookies” is an industry standard and helps us record your preferences and analyze web traffic. You can choose to accept or decline cookies or modify the length of time that a cookie is stored. Most web browsers automatically accept cookies, but usually, you can modify your browser setting to decline cookies or limit the time that a cookie is stored. However, this may prevent you from taking full advantage of our Web Services. If you decline cookies, then not all features of our Web Services may be available to you.
Information about Other People
What Happens if We Are Not Able to Collect Personal Information?
You are not required to provide us with any personal information that we request. However, if you do not do so, or restrict our ability to collect, use, hold, and disclose your personal information, then:
- We may not be able to provide you with the products, services, or assistance you want or to the standard that we otherwise could have.
- We may not be able to respond to your enquiries as effectively as we otherwise would have.
USE OF PERSONAL INFORMATION
We may use your personal information for purposes you provided it to us for. For example:
- To provide you with any products and services that you have requested from us or any of our Group Companies (including additional services relating to that purpose such as administering and dealing with warranties, leases, roadside assistance, insurance, service plans, finance, or any other service we may provide to you or assist you with).
- To assess and facilitate any application for insurance, leasing, finance, or credit, including establishing your, and any applicable guarantor’s, credit history, creditworthiness, insurance history, and risk and anything else required by the insurer, lessor, financier, or credit provider for that application.
- For our general administrative, quality control, marketing, promotional, planning, research, and product and services development purposes.
- To send you messages via email, telephone, post or SMS to market or promote goods and services. You may unsubscribe to marketing communications at any time by following the directions contained within the communication or by emailing email@example.com
- To assist you with the servicing, repair, and maintenance of any product purchased by you, including the sending of warrant of fitness reminders, certificate of fitness reminders, Manufacturer bulletins, or similar.
- To assist in the servicing, repair, and maintenance of any vehicle when required, including dealing with any warranty schemes and service, repair, and maintenance programs.
- To confirm and verify your identity, contact and communicate with you, and deal with your enquiries, comments, or complaints.
- To provide you with appropriate access to our Web Services and improve and personalize your and other customers’ experiences.
- To administer and promote competitions or promotions.
- Complying with laws, rules, or regulations, including any laws, rules, or regulations that we reasonably expect to be put in place.
- Exercising our rights and fulfilling our obligations under any agreements with you or at law, including product recalls, undertaking debt collection activities, and investigating and taking enforcement action (including legal proceedings).
- In respect of CCTV recordings for the general security and safety of any of our sites.
- Any other purpose authorized by you or permitted by law.
By using our Web Services or providing us with your personal information, you consent to receiving promotional or marketing communications by electronic messages, phone call, SMS, or other communication methods from us and/or third parties on our behalf about products and services offered by us or selected third parties.
You may opt-out of receiving those electronic messages or other communications by contacting us (see the ‘Contact us’ section below) or by utilizing any unsubscribe facility that accompanies an electronic message or other communication. If you withdraw your consent to receiving these electronic messages or communications or otherwise unsubscribe, you will no longer receive these types of electronic messages or communications from us within a reasonable period of us receiving your unsubscribe request.
DISCLOSURE OF PERSONAL INFORMATION
We may share personal information with the following organizations or people (for the purposes outlined above):
- Any Group Company and our and their respective employees, officers, licensees, contractors, agents, and partners.
- Manufacturers, warranty providers, lessors, insurers, roadside assistance providers, servicing providers, financiers, and other service providers and suppliers who provide us or our group companies with goods and/or services.
- Our marketing agencies, advertisers, and market research providers.
- Our accountants, insurers, lawyers, auditors, and other professional advisors.
- IT service providers such as software providers, web hosting providers, IT systems administrators, data entry service providers, and all other IT related administrators or providers we engage with.
- Credit assessment, credit reporting, and debt collection agencies.
- Our existing or potential business partners or joint venture entities or partners.
- Sponsors or promoters of any competition that we conduct or promote.
- Anyone to whom we consider assigning or transferring any of our rights or obligations.
- Any other party authorized by you or to whom we are required or authorized to disclose personal information in accordance with applicable law.
We may use the services of credit reporting and debt collection agencies on an ongoing basis. We may exchange information about you with those agencies (including information about your default and repayment history). Those agencies may retain that information and provide that information to other customers who use their services.
We require any third parties to adhere to our confidentiality requirements and to the requirements of the Act.
Do We Send Your Personal Information Outside of New Zealand?
We may disclose your personal information to parties located outside of New Zealand. This may include any Group Company located outside of New Zealand. It may also include third parties including, without limitation, Manufacturers and other service providers and suppliers that may be located outside of New Zealand or have overseas operations.
If we do send personal information overseas either directly or via a third party, we will ensure that any such transfer of personal information will only be undertaken in compliance with applicable laws, including the Act.
STORAGE OF PERSONAL INFORMATION
The security of your personal information is very important to us. We will take reasonable technical and organizational precautions to protect personal information that we hold. However, due to the inherent nature of the internet, we are not able to guarantee the security of any personal information that we hold or that you transmit to us.
We rely on you to update us if your contact details change.
How Long Do We Retain Your Personal Information For?
We keep your personal information for as long as it is required, having regard to the purpose for which the personal information was collected and as otherwise permitted or required to comply with the law. This may include, without limitation, personal information required to be collected and held under the Motor Vehicle Sales Act 2003, Income Tax Act 2007, Goods and Services Tax Act 1985, and any other applicable law.
When the personal information is no longer required for the purpose it was collected or is not required or permitted to be retained by law, then we will destroy or anonymize it.
ACCESS AND CORRECTION OF YOUR PERSONAL INFORMATION
Under the Act, you have the right to access and request correction of any personal information that we hold about you. You are welcome to contact us at any time. In some cases, there may be a charge for retrieving and providing a copy of the personal information to you, correcting information based on your request, or attaching to any personal information a statement of any correction sought but not made. On occasion, we may also insist on the payment of the charge in advance before responding to a request for which we can charge.
Notwithstanding the above, we may not grant you access where we cannot reliably verify your identity first, it would breach somebody else’s right to privacy, or would endanger someone else’s safety. If we refuse you access to your personal information, we will provide you with an explanation for that refusal. The Act sets out reasons we may withhold information from you.
If you believe the personal information is incorrect, incomplete, or inaccurate, then you may request that we amend it. If we do not agree that the information is incorrect, then we will make a note of what your views are as to the correct personal information and attach this as appropriate.
The Privacy Officer, Sime Darby Group,
PO Box 74366, Greenlane, Auckland 1546.