This policy was last updated on 9 June 2022.
Ecobuild Limited (“us”, “we”, or “our”) operates the www.5merchants.co.nz website (“our website”).
We comply with the New Zealand Privacy Act 2020 (the “Act”) when dealing with personal information. Our Privacy Officer also acts as data controller for the purposes of applicable data protection laws and regulations, including the General Data Protection Regulation (“GDPR”) of 27 April 2016Personal information is information about an identifiable individual (a natural person). This policy sets out what and how we will collect, use, disclose and protect your personal information.
This policy does not limit or exclude any of your rights under the Act. If you wish to seek further information on the Act, see www.privacy.org.nz.
We use industry-standard processes to protect our websites and your personal information. When you purchase our products, use our services, enter into a contract with us, or otherwise interact with us, you may share some personal data with us. We may also receive your personal information if you are a supplier or contractor to us or if we are a supplier or contractor to you. We may also receive personal data about you from third parties with whom you interact in relation to our products and services or your contractual arrangements with us.
2. CHANGES TO THIS POLICY
3. WHO DO WE COLLECT FROM
We collect personal information about you from:
- you, when you provide that personal information to us, including via our website and any related service, through any registration or subscription process, through any contact with us, or when you buy or use our services and products;
- third parties where you have authorised this or the information is publicly available.
If possible, we will collect personal information from you directly.
4. HOW WE COLLECT AND HOLD INFORMATION
Collection of personal data may arise in person, via our digital channels, by phone, email or other method. Examples of direct collection of personal information are:
- Filling out our contact forms;
- Completing a Product Enquiry form;
- Registering for an account on our website;
- Making a purchase from our website;
- Submitting an after-purchase enquiry;
- Entering competitions and promotions;
- Emailing, calling or contacting our customer service team or using our website contact message system; and
- Filling in a credit application form as part of a supply contract or other commercial transaction.
We may also collect personal information from third parties. Where you have purchased one of our products we may receive personal information from the retailer in relation to your product purchase including for processing the order, delivery or warranty purposes, or, if you participate in a third party review platform relating to our products.
If you are a commercial supplier or customer of ours, we may hold personal information for purposes of credit check, verification of identity, receipt of a reference, contract management, invoices and debt recovery.
We may also collect or obtain your personal information that you manifestly choose to make public, including via online channels.
5. WHAT PERSONAL INFORMATION DO WE COLLECT?
The kind of personal information we collect and hold includes names, contact details, products purchased, product preferences, website usage, customer complaints, marketing information, general inquiries and other feedback.
We may also potentially receive personal information about your product preferences. We may also receive personal information from, and share personal information with, retailers and distributors of our products. This is to facilitate your order of a product or to provide delivery services, or if a warranty claim arises, or to provide marketing information to you.
6 STORAGE AND SECURITY
We hold your personal information at SiteHost data centres (Auckland, New Zealand), at the 5Merchants offices (Whanganui, New Zealand) and on cloud data storage services provided by third party software developers. The information is usually stored electronically on servers owned by us or third party data storage providers engaged by us. No data transmissions over the internet can be guaranteed as completely secure therefore we cannot warrant or guarantee the security of information transmitted from or to you, however once we receive your personal information we will use reasonable efforts to protect the security of your personal information.
We protect our customers from unauthorised access to or unauthorised alteration, disclosure or destruction of information we hold.
We review our information collection, storage and processing practices, including physical security measures, to guard against unauthorised access to systems.
7. HOW WE USE YOUR PERSONAL INFORMATION
We will use your personal information:
- to verify your identity;
- to provide services and products to you;
- to market our services and products to you, including contacting you electronically e.g. by text or email for this purpose;
- to improve the services and products that we provide to you;
- to undertake credit checks of you (if necessary);
- to bill you and to collect money that you owe us, including authorising and processing credit card transactions;
- to respond to communications from you, including a complaint;
- to conduct research and statistical analysis (on an anonymised basis);
- to protect and/or enforce our legal rights and interests, including defending any claim;
- for any other purpose authorised by you or the Act.
Our website may also contain links from or to other sites where information practices may be different. If you “click” on a banner advertisement or another company’s logo on our websites, the “click” may take you off our site. This includes links to and from other companies such as advertisers, sponsors, retailers and partners that we may have joined with to offer or provide you with any products, services, competitions or promotions.
We and the other company may share your personal information and may use it to identify future promotional opportunities or to fulfil promotional or contractual obligations. When you arrive at our websites as a link from one of our partnering company’s website, we may share your personal information provided to us as a result of using that link with that other company.
You should consult the other party’s website privacy notice as we are not responsible for and do not control the information once you are on a third party website.
8. DISCLOSING YOUR PERSONAL INFORMATION
We may disclose your personal information to:
- our employees, contractors and agents who need to know information in order to process it for us, and who are subject to strict contractual confidentiality obligations and may be disciplined or employment terminated if they fail to meet those obligations;
- another company within our group;
- any business that supports our services and products, including any person that hosts or maintains any underlying IT system or data centre that we use to provide our website or other services and products;
- a credit reference agency for the purpose of credit checking you;
- other third parties (for anonymised statistical information);
- Insurance companies and professional service firms providing services to us, such as legal, insurance or accountancy services;
- As required by law, such as to regulatory agencies.
- any other person authorised by you.
We may also share information about visitors in aggregate with third parties including advertisers, business partners and sponsors to understand visitor trends and patterns and to manage and improve our service. Such information will be anonymous so that the visitor’s privacy is protected.
Cookies are small text files that are placed in your browser by our websites you visit. They are widely used to help users navigate websites efficiently, to perform certain functions on the sites and/or to provide site owners with information about how their sites are used.
We also use tracking cookies for web analytics tools and to analyse non-identifiable web traffic data to improve our services. It allows us to collect, hold and use statistical information about visits to help us improve our site and marketing.
Statistical information may include:
- Your IP address;
- The search terms you used;
- The pages accessed on our site and the links you clicked on;
- The date and time you visited the site;
- The referring site (if any) through which you clicked through to this site;
- Your operating system (eg Windows 10, Mac OS);
- The type of web browser you use (eg Google Chrome, Mozilla Firefox); and
- The communication channel you may have chosen to use to connect with us (such as Facebook or Twitter) and the personal data you supply to us.
This type of data collected is aggregated and is not personally identifiable. Our web analytics may not apply “do not track” settings and you may wish to adjust your browser settings manually (see your specific browser instructions for further information). We may also use third party providers to provide us with these web analytics services.
10. LINKS TO SOCIAL NETWORKING SERVICES
We use third party sites such as media and social networking services such as Twitter, Facebook and YouTube to help communicate our messages and give you the best experience. We may track your use of our pages and promotions on their sites.
When you communicate with us using a third party site, that site may also collect your personal information for its own purposes. The third party sites have their own privacy policies which are independent of ours. The third party site may also track your use of our page or our link on their site and also any link they may display on our site. If you are logged in to those services (including any Google, YouTube or Facebook service) while using our site, their tracking will be associated with your profile with them.
11. EMAIL AND OTHER ELECTRONIC COMMUNICATIONS
We are committed to full compliance with the Unsolicited Electronic Messages Act 2007. By subscribing to our email and/or text communications, or otherwise providing us with your email address and/or mobile number, you consent to receiving emails and/or texts which promote and market our products and services, or the products and services of others, from time to time.
You can opt out of those communications at any stage by utilising the corresponding “unsubscribe” facility. Once you have unsubscribed from our email or text communications, we will remove you from the corresponding marketing list as soon as is reasonably practicable.
12. PERSONAL INFORMATION ABOUT OTHER PEOPLE
13. TRANSPARENCY AND CHOICE
People have different privacy concerns. Our goal is to be clear about what information we collect, so you can make meaningful choices about how it is used.
14. ACCESS TO AND CORRECTION OF YOUR PERSONAL INFORMATION
You have the right to request access to your personal information and to request its correction. If so, please contact our Privacy Officer at 0800 434 287. Alternatively email us at email@example.com or write to us by post to 400 Victoria Avenue, Whanganui 4500.