The use of this Website is subject to these Terms and Conditions (inclusive of Our standard Terms and Conditions for the supply of Goods and Services, Privacy Policy, Refund Policy any other documents referred to herein) which constitutes the full agreement between You and Us.
Please read these Terms and Conditions carefully before You use the Website.
By using the Website, You indicate that You have, effective upon the date on which You have used the Website, read, accepted and agreed to be bound by these Terms and Conditions.
If You do not agree with these Terms and Conditions, You should cease using the Website immediately.
Definitions“Agreement” means the terms and conditions contained herein, together with any quotation, order, invoice or other document or amendments expressed to be supplemental to this Agreement.
“We”, “Us”, “Our” or “Ourselves” means Universal Specialities Limited, its successors and assigns or any person acting on behalf of and with the authority of Universal Specialities Limited.
“You”, “Your” or “Yourself” means any person/s (end user) being of the legal age of eighteen (18) years.
“Incidental item(s)” means goods and/or services that may be purchased or sold through this Website to be supplied and/or provided by the Seller to You, as specified on Our Website.
“Website” means a location which is accessible on the Internet through the World Wide Web and which provides multimedia content via a graphical User Interface.
“Prohibited Content” means any content on any advertising media that:
"Personal Information" means any information that identifies or can be used to identify You, directly or indirectly. Examples of Personal Information include, but are not limited to, first and last name, date of birth, email address, gender, occupation, or other demographic information.
"Confidential Information” means information of a confidential nature whether oral, written or in electronic form including, but not limited to, this Agreement, a party’s Intellectual Property, operational information, know-how, trade secrets, financial and commercial affairs, contracts, Seller information and pricing details.
Acceptance
We reserve the right to change any of the Terms and Conditions displayed on this Website (including our Privacy Policy) at any time by notifying You through this Website that We have done so. By continuing to use this Website it shall be deemed that You agree to be bound by the amended terms and conditions as notified and posted on the Website.
If You intend to transact through this Website (i.e purchase goods and/or services) then You warrant that You are at least 18 years of age, that You have the power to enter into this Agreement and You acknowledge that this Agreement creates binding and valid legal obligations upon You.
Compliance with Laws
You represent and warrant that Your use of this Website will comply with all applicable laws and regulations (including but not limited to, EU Data Privacy Laws (including the General Data Protection Regulation “GDPR”) (collectively, “EU Data Privacy Laws”) and the New Zealand Privacy Policy Act 2020 (including Part II of the OECD Guidelines and as set out in Schedule 8 of the Act) or any other applicable laws.
Privacy Policy
We are committed to protecting Your Privacy in accordance with New Zealand Privacy Principles. We also recognise that when You choose to provide Us information about Yourself that You trust Us to act responsibly and in Your best interests therefore, We have the following policies in place to protect Your personal information.
Storing Your Information
We will take all reasonable steps to ensure that Your information held by Us is accurate up-to date, complete, applicable, is not misleading and will only be used for the purposes stated in this document and/or Our Privacy Policy. We will maintain security safeguards to protect Your information and will take all reasonable steps to ensure that Your information is not disclosed to any unauthorised person or entity.
Securing Your Information
When making a transaction through this Website Your information will pass through a secure server using SSL (secure sockets layer) encryption technology. The encryption process ensures that Your information can not be read by or altered by outside influences.
Information We Collect
When You request Goods or Services, We may collect Personal Information supplied by You when You complete an online form in order to facilitate the purchase of Goods and/or Services. Such information will enable Us to process Your transactions efficiently, analyse our Website services and enable Us to provide a higher level of customer service (which may include informative or promotional activities).
We may also collect the following information/tracking data for statistical purposes and to help Us understand how to make Our Website more available and user friendly for You and to measure the success of any advertising activities We may under take:
Information We Release
We will only release information about You as authorised by Yourself, required by law or where required in order for Us to provide Goods or Services to Yourself e.g to third party suppliers, or delivery companies. Where supplied to such third parties the information provided will only be sufficient for the third party to perform their services and may not be used by them for any other purpose.
We will not release Your information for any purpose which You could reasonably expect us not to release the information.
Except as detailed above We do not share, give, sell, rent, or lease information to third parties and Your Personal Information will only be disclosed to those employees within Our organisation who have a need to know in order to ensure You are provided with information about Our products and Services or to request Goods and Services through this Website.
Under the Privacy Act legislation You can ask to see any information We may hold about You and You also have the right to have any inaccuracies in the same corrected by Us. We will comply with any such requests to the extent required by the Privacy Act legislation within fourteen (14) days of the receipt of Your request. We may ask you to verify your identity in order to help us respond efficiently to your request.
Other Data Protection Rights
You may have the following data protection rights:
Questions & Concerns
If You have any questions or comments, or if You have a concern about the way in which We have handled any privacy matter, please use Our contact form via this Website to send Us a message. You may also contact Us by postal mail or email at:
For EEA Residents:
For the purposes of EU data protection legislation, Shane Bowden is the Data Protection Officer (DPO) of Your Personal Information. Our Data Protection Officer can be contacted at customerservices@uslmedical.co.nz.
For Non-EEA Residents:
Attention: Privacy Officer
Postal Address: PO Box 15-645, new Lynn, AUCKLAND 0640
Cookies
We and Our partners may use various technologies to collect and store information when You use this Website, and this may include using cookies and similar tracking technologies, such as pixels and web beacons. These web beacons track certain behavior such as whether the email sent through the Website was delivered and opened and whether links within the email were clicked. They also allow Us to collect information such as the recipient’s:
These cookies do not read Your hard drive but may be stored on Your hard drive to enable Our Website to recognise You when You return to the same.
Mailing Lists
If at any time You are on a mailing list of Ours then You may request to be removed from the same and We will comply with Your request if there is no unsubscribe button provided then please contact Us with Your request using the “Contact Us” section of this Website.
Returns, Damaged or Defective Goods
Our policy in relation to Returns, Damaged or Defective Goods shall be as specified in Our standard Terms and Conditions for the supply of Goods and Services. We shall not accept returns for change of mind or if You make a wrong decision unless due to our negligence or incorrect information supplied by Ourselves.
Copyright and Trademarks
The contents of this Website are at all times the copyright or trademark property of either Ourselves, Our suppliers or linked third parties and You may not distribute, reproduce, display, publish any trademark or other content of this Website for any purpose whatsoever without the prior written approval of Us, Our suppliers or linked third parties (each as applicable). Furthermore You agree to indemnify Us against any claims, costs, damages or losses incurred by Us should You fail to comply with this clause.
Advertisers and Linked Sites
The display on Our Website of any advertiser or the provision of a link to third party Websites does not constitute Our endorsement of either the advertiser or third party provider or any of their Website content or business practices. As We do not have any control of the content of any third party Websites, access to such Websites is at Your sole risk and We recommend that You thoroughly review the terms and conditions of use and the Privacy policies of any third party Website immediately once You access such a Website.
We shall accept no liability in regards to any dealings, promotions or activities between Yourself and advertisers or third party providers.
Specifications and Information
Specifications and information provided on this Website are given in good faith based on Our knowledge, experience, or information provided to Us by manufacturers and/or suppliers, or derived from sources believed to be accurate at the time the information is received by Us, therefore it is recommended if You have any concerns as to the suitability of Goods or Services provided through this Website in respect of the use of the Goods or Services or their suitability for a particular use that You contact Us or seek external professional opinion.
You acknowledge and accept that colours of items displayed on the Website may not reflect the true and actual colour of such items as this may be affected by external influences such as the quality of images supplied to Us for use, or the quality, age or settings on Your monitor. If colour is a major factor in Your decision making We recommend You contact Us before purchase.
On-Line Ordering
Display on this Website does not guarantee the availability of any particular Good(s) therefore all orders placed through this Website shall be subject to confirmation of acceptance by Us. Orders for Services shall be subject to confirmation of suitable timeframes between You and Ourselves for provision of the Services.
Continuous Service
Due to the inherent nature of Websites We cannot guarantee uninterrupted or continuous availability of this Website and You accept that the Website may also be unavailable from time to time for maintenance or scheduled upgrades. Where able We shall give You advanced warning of the same. We shall accept no liability in relation to Website downtime whether scheduled or otherwise.
Termination of Use
These terms and Your access to Our Website may be terminated by Us (at Our sole discretion) at any time without notice or any requirement to give You a reason why. In the event of termination under this clause We shall have no liability to You whatsoever (including for any consequential or direct loss You may suffer).
Jurisdiction
This Website (excluding any linked third party sites) is controlled by Us from Our principal business premises in New Zealand. Our servers are located in New Zealand, so Your information may be transferred to, stored, or processed in New Zealand. It can be accessed from countries around the world to the extent permitted by the Website. As each country has laws that may differ from New Zealand, by accessing this Website, You agree that the laws and statutes of New Zealand shall apply to any dealings, actions or claims arising out of, or in relation to, this agreement, or Your use of this Website, irrespective of any conflict with any laws and statutes applicable to Your country of domicile.
In addition, We or Our subcontractors may use cloud technology to store or process Personal Information, which may result in storage of data outside New Zealand. It is not practicable for Us to specify in advance which country will have jurisdiction over this type of offshore activity. All of Our subcontractors, however, are required to comply with the New Zealand Privacy Act in relation to the transfer or storage of Personal Information overseas.
You further acknowledge and agree that the filing of a claim against Us (if any) must be made in New Zealand in which Our principal business premises in New Zealand is domiciled, and that any legal proceedings will be conducted in English.
We make no representation that Goods or Services offered through this Website are appropriate, available or suitable for use in countries outside of New Zealand, and accessing any material or content from, or through, this Website which is illegal in Your country of domicile is strictly prohibited.
General
The failure by either contracting party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
We shall be under no liability whatsoever to You for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by You arising out of a breach by Us of these terms and conditions (alternatively Our liability shall be limited to damages which under no circumstances shall exceed the Fee of the Services).
Message Boards: We provide Message Boards for the use of Our Website users. The Message Boards may not be used to promote Websites or any commercial or business activity. We are not responsible for any of the opinions expressed in the Message Boards. By posting a message to the message board You agree to take full legal responsibility and liability for your comments, including for offensive or defamatory statements.
Feedback: Feedback is provided for the purpose of facilitating trading by You on Our Website. Feedback provided on other parties must not contain offensive, defamatory, retaliatory or inappropriate language or content. We may remove any feedback that is considered to be offensive, defamatory, retaliatory or inappropriate.
You may only give feedback that relates to a specific transaction. You must not post feedback on a transaction that does not relate to that specific transaction.
You must not post feedback about Yourself or include any contact details or Personal Information in Your feedback.
Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
The internet offers the chance to collect information about site users. This information can be personally identifiable information (“PII”) or aggregated information. However, your privacy is important to us at Universal Specialities Limited and we want to be sure that you understand the terms and conditions relating to the way in which we collect information and the use of that information. This Privacy Policy outlines what information we collect, what we do with it and your rights to view, correct or change it.
The Office of the Privacy Commissioner (www.privacy.org.nz) provides further details of the NZ privacy Act 1993 and how it protects personal information in NZ.
Introduction
With the passing of the privacy legislation (including subsequent updates), the government introduced legislation to protect personal information about individuals. The Privacy Act 2020 (“the Act”) incorporates the New Zealand’s Privacy Principles (NZPP’s) covered in Part 2 of the Act. These principles apply to private sector organisations who deal with information relating to individuals. This legislation is designed to protect personal information about individuals and sets in place a framework and guidelines about how to deal with this information.
As at 25 May 2018, the EU General Data Protection Regulation (“GDPR”) was introduced providing increased transparency for data protection for all businesses transferring data to the Europe Union “EU”. While the GDPR and the NZPP share some similarities, Universal Specialities Limited is providing robust privacy policies and procedures for its staff and clients. This includes ensuring that it conforms to all required NZPP’s including the provision of a clearly expressed and readily available Privacy Policy. This is completed by the provision of this Privacy Policy Manual.
An NZPP privacy policy is a key tool for meeting NZPP 1’s requirements.
To assist with this compliance, Universal Specialities Limited ensures that all of its staff members adhere to these policies and procedures. Any breaches of these policies and procedures must be reported to the relevant staff member’s manager or supervisor immediately so that any appropriate measures can be taken to mitigate any issues surrounding an identified breach.
Every staff member of Universal Specialities Limited who handles personal information is required to have an understanding of the New Zealand Privacy Principles (NZPP’s), the Act and the GDPR, where necessary. Where a more detailed knowledge of Universal Specialities Limited’s rights and responsibilities is required, the Privacy Officer will be able to provide assistance.
All staff is encouraged to discuss privacy issues with the nominated Privacy Officer.
Review
Formal review of this privacy policy shall be undertaken on a 6 monthly basis with the details of this review recorded by the Privacy Officer.
New Zealand Privacy Principles (NZPP’s)
The Privacy Act 2020 and the Credit Reporting Privacy Code 2004 places obligations and responsibilities on employers and employees to ensure that information collected from individuals is collected, retained and used in line with the NZPP’s. Universal Specialities Limited shall abide by the following NZPP’s at all times:
|
NZPP No. |
|
|
NZPP 1 to 4 |
governs the reason for collection of personal information, where personal information may be collected from, and how it is collected. |
|
NZPP 5 |
governs how personal information should be stored. |
|
NZPP 6 |
governs that individuals have access to the personal information held about them. |
|
NZPP 7 |
governs that if an individual requests changes to their personal information held about them then it should be done unless there are grounds not to do so. |
|
NZPP 8 – 11 |
govern how personal information is used or disclosed. |
|
NZPP 12 |
governs how personal information is used or disclosed outside of New Zealand |
|
NZPP 13 |
governs that an individual’s bank number, IRD number, drivers licence number, passport number etc cannot be used to identify an individual between agencies, unless authorisation is granted to Universal Specialities Limited to enable them to complete their performance of any Services to be provided. |
Further information regarding the NZPP’s can be obtained from the office of the Privacy Commissioner at www.privacy.org.nz.
In the event of any potential data breach that is likely to result in serious harm to any individuals whose personal information is involved in the breach, Universal Specialities Limited’s Privacy Policy Manual provides a data breach preparation and response to any potential breaches to ensure compliance under the Act.
General Data Protection Regulation (“GDPR”)
Upon the implementation of the GDPR on 25 May 2018, Universal Specialities Limited has updated the way they use and collect personal data from residents in the EU. This involves, identifying Universal Specialities Limited’s data protection officer (“Privacy Officer”), how clients can contact the Privacy Officer and identifying the process of transferring client’s personal information. Further, the implementation of cookies notices on Universal Specialities Limited’s website has been activated to ensure Universal Specialities Limited’s clients have adequate protection in providing consent to Universal Specialities Limited in withholding their personal data.
Types Of Personal Information That Is Collected, Used, Processed & Held
Universal Specialities Limited collects personal information for a variety of reasons. This personal information will be collected in the normal course of business and will relate to Goods and/or Services that are provided by Universal Specialities Limited to clients. This information collected will be done so in the course of business where the client is a customer of Universal Specialities Limited or when the client acts as a guarantor for another person or company that is a client of Universal Specialities Limited. Universal Specialities Limited will not collect information that is not relevant or sensitive in nature unless it is required in the normal course of business.
The personal information that is collected may include, but will not be limited to the following;
The client acknowledges that provided the correct Privacy Act disclosures have been made that Universal Specialities Limited may conduct a credit report on the client for the purposes of evaluating the credit worthiness of the client.
Universal Specialities Limited ensures that all personal information is held in a secure manner. Where applicable and to the best of Universal Specialities Limited’s knowledge all computers or servers have the required security protections in place to safeguard and protect any personal information that is held by Universal Specialities Limited.
We use cookies on our website. Cookies are small files which are stored on your computer. They are designed to hold a modest amount of data (including personal information) specific to a particular client and website, and can be accessed either by the web server or the client’s computer. In so far as those cookies are not strictly necessary for the provision of Universal Specialities Limited’s Services, we will ask you to consent to our use of cookies when you first visit our website.
In the event that you utilise our website for the purpose of purchases/orders, Universal Specialities agrees to display reference to cookies and /or similar tracking technologies, such as pixels and web beacons (if applicable), and requests consent for Universal Specialities Limited collecting your personal information which may include:
If you consent to Universal Specialities Limited’s use of cookies on our website and later wish to withdraw your consent, you may manage and control Universal Specialities Limited’s privacy controls through your browser, including removing cookies by deleting them from your browser history when you leave the site.
Universal Specialities Limited also regularly conducts internal risk management reviews to ensure that its infrastructure (to the best of its knowledge) is secure and any identifiable risks have been mitigated as much as they can be in the normal course of business.
Procedures And Responding To Potential Breaches Of Privacy
In accordance with the Act Universal Specialities Limited is aware of its responsibilities to notify its clients in the event of a potential data breach that may cause serious harm to clients. Further, in the event the client is located in the EU, Universal Specialities Limited acknowledges that any potential data breaches will be safeguarded by the provisions of the GDPR.
Universal Specialities Limited will collect and process personal information in the normal course of business. This personal information may be collected and processed (but is not limited to) by any of the following methods;
Where relevant to data processing as per the GDPR, and in particular where Universal Specialities Limited uses new technologies, and takes into account the nature, scope, context and purposes of processing and considers that the data processing is likely to result in a high risk to the rights and freedoms of natural persons, the Privacy Officer shall, prior to the processing of personal information, carry out an assessment of impact of the envisaged processing operations by way of a protection impact assessment. The data protection assessment will be required in instances whereby:
The assessment shall be carried out in accordance with Article 35 (7) of the GDPR and carry out reviews of such data protection impact assessments when there is any change of the risk associated with the processing of personal information.
As a client of Universal Specialities Limited and agreeing to Universal Specialities Limited’s Terms and Conditions of Trade, which includes of Universal Specialities Limited’s privacy policy you hereby agree and consent to the provisions of this Privacy Policy Manual, including but not limited to the collection, processing, use and disclosure of your personal information. In the event that you withdraw your agreement and consent to any of the above use, processing collection and disclosure, then Universal Specialities Limited warrants that any request by you to withdraw your consent or agreement shall be deemed as confirmation by you to cease any and/or all collection use, processing and disclosure of your personal information. You may make a Request to withdraw your consent at anytime by telephone and/or by e-mail to the following contact details;
The Privacy Officer
Universal Specialities Limited
PO Box 15645
New Lynn
AUCKLAND 0640
customerservices@uslmedical.co.nz
0800 658 814
Universal Specialities Limited will ensure that any Information that is to be obtained from you is done so verbally or by using Universal Specialities Limited’s prescribed forms which;
Authorise Universal Specialities Limited:
It is the responsibility of Universal Specialities Limited to ensure that any personal information obtained is as accurate and up to date as possible and information is only collected by lawful means in accordance with the Act and relevantly, in accordance with the GDPR.
Purposes For Which Information Is Collected, Held, Used And Disclosed
Disclosure To Third Parties
Universal Specialities Limited will not pass on your personal information to third parties without first obtaining your consent.
In accordance with the Act, including the GDPR (where relevant), personal information can only be used by Universal Specialities Limited for the following purposes:
Relationship With Credit Reporter - In the event that notification of a default has been reported to a Credit Reporter and your credit file has been updated (including any changes to the balance outstanding or contact details), then the Credit Reporter shall be notified as soon as practical of any such changes.
Universal Specialities Limited will only gather information for its particular purpose (primary purpose). In accordance with the Act, including the GDPR (where relevant) Universal Specialities Limited will not disclose this information for any other purpose unless this has been agreed to by both parties.
How An Individual May Access Personal Information Held, And How They May Seek Correction Of Such Information
You shall have the right to request from Universal Specialities Limited a copy of all the information about you that is retained by Universal Specialities Limited. You also have the right to request (by telephone and/or by e-mail) that Universal Specialities Limited correct any information that is incorrect, outdated or inaccurate.
Any requests to receive your personal information or to correct personal information should be directed to the following contact details;
The Privacy Officer
Universal Specialities Limited
PO Box 15645
New Lynn
AUCKLAND 0640
customerservices@uslmedical.co.nz
0800 658 814
Universal Specialities Limited will destroy personal information upon your request (by telephone and/or by e-mail) or when the personal information is no longer required. The exception to this is if the personal information is required in order for Universal Specialities Limited to fulfil their performance of Services or is required to be maintained and/or stored in accordance with the law.
How An Individual May Complain About A Breach Of The NZPP, And How The Complaint Will Be Dealt With
You can make a complaint to Universal Specialities Limited’s internal dispute resolution team (‘IDR’) regarding an interference with and/or misuse of your personal information by contacting Universal Specialities Limited via telephone or e-mail.
Any complaints should be directed to the following contact details in the first instance;
The Privacy Officer
Universal Specialities Limited
PO Box 15645
New Lynn
AUCKLAND 0640
customerservices@uslmedical.co.nz
0800 658 814
In your communication you should detail to Universal Specialities Limited the nature of your complaint and how you would like Universal Specialities Limited to rectify your complaint.
We will respond to that complaint within 7 days of receipt and will take all reasonable steps to make a decision as to the complaint within 30 days of receipt of the complaint.
We will disclose information in relation to the complaint to any relevant credit provider and or Credit Reporting Body that holds the personal information the subject of the complaint.
In the event that you are not satisfied with the resolution provided, then you can make a complaint to the Privacy Commissioner at http://www.privacy.org.nz.
Will Personal Information Be Disclosed To Overseas Recipients
Universal Specialities Limited does not disclose information about the client to third party overseas recipients unless the client has provided its consent. Universal Specialities Limited will notify you if circumstances change regarding overseas disclosure and will comply with the Act and the GDPR in all respects.
Unless otherwise agreed, Universal Specialities Limited agrees not to disclose any personal information about the client for the purpose of direct marketing. You have the right to request (by telephone and/or by e-mail) that Universal Specialities Limited does not disclose any personal information about you for the purpose of direct marketing.
Availability Of This Privacy Policy Manual
This Privacy Policy manual is available to all clients of Universal Specialities Limited. It will be made available (where applicable) on Universal Specialities Limited’s website.
This manual will also be available upon request at Universal Specialities Limited’s business premises and is available to be sent to you if required.
If you require a copy of this Privacy Policy please make a request utilising the following contact information in the first instance:
The Privacy Officer
Universal Specialities Limited
PO Box 15645
New Lynn
AUCKLAND 0640
customerservices@uslmedical.co.nz
0800 658 814
Privacy Officer (Responsibilities)
Universal Specialities Limited has appointed an internal Privacy Officer to manage its privacy matters. The name of this officer is available by making contact with Universal Specialities Limited. The privacy officers duties include (but are not limited to) the following:
The Privacy Officer needs to be familiar with the NZPP’s. Educational material is available from the office of the Privacy Commissioner which explains what Universal Specialities Limited needs to know in order to comply with the Privacy Act.
If a person complains to the Privacy Commissioner that Universal Specialities Limited has breached their privacy, the Privacy Commissioner may contact the Privacy Officer to discuss the complaint, and to see whether there is any means of settling the matter. The Privacy Officer shall provide whatever assistance is necessary. The Privacy Officer may be asked to provide background information or identify the staff members who can do so.
Complaints
In the event that a complaint about privacy issues is received the Privacy Officer will:
In the event that a complaint about privacy issues is received via a credit reporter the Privacy Officer will:
Other
The Privacy Officer shall ensure that Universal Specialities Limited’s documentation complies with the Privacy Act and Credit Reporting Privacy Code at all times.
Appendix A - Summary of Rights
(Rules 6 and 7 and clause 8)
A Summary Of Your Rights Under The Credit Reporting Privacy Code 2004
The Credit Reporting Privacy Code 2004 is issued under the Privacy Act 2020. It promotes fairness, accuracy, and privacy in the practice of credit reporting. Credit reporters gather and sell information about you such as a failure to pay your bills or if you have been made bankrupt.
You can find the complete text of the Code here
Privacy Act at:
http://www.legislation.govt.nz/act/public/2020/0031/latest/LMS23223.html
The Code, together with the Act, gives you specific rights, many of which are summarised below.
Limited information can be reported about you.
A credit reporter can only collect certain classes of information, set out in the Code, for its credit reporting database. A credit reporter will generally report information for no longer than 5 – 7 years: the actual retention periods are required to be displayed on each credit reporter’s website.
Only certain people can access your file for certain purposes.
The Code limits the people who can gain access to your credit information. These will usually be credit providers who are considering your application for credit, but in some strictly defined situations the information may be available to prospective landlords, employers or insurers, to debt collectors, to those involved in court proceedings and to certain public sector agencies.
Your consent is required in most situations.
Most credit checks can only take place with your authorisation. This applies to access by credit providers, prospective landlords and prospective employers. Your authorisation may not be required for access by certain public sector agencies, those involved in court proceedings and debt collectors. The credit reporter is required to log each access that is made to your information and will normally disclose this information to you on request.
You can find out what is held about you.
You are entitled to request a copy of the credit information held about you by a credit reporter. You can ask for just the information contained in your credit report or for all the information held about you (which may include additional information, such as a more complete list of those who have accessed your report). If you want the information quickly (within 5 working days) you may be required to pay a reasonable charge, but otherwise no charge may be made. A credit reporter must take precautions to check the identity of anyone making a personal access request. This may involve asking you for certain identification details, although these cannot be added to the credit reporter’s database without your authorisation.
You can dispute inaccurate information with the credit reporter.
Credit reporters must take reasonable steps to ensure the accuracy of the information they hold and must act promptly to correct any errors they become aware of. If you tell a credit reporter that your report contains an inaccuracy, the credit reporter must take steps to correct it. This will usually involve checking the information you provide with the source, such as a creditor who submitted a default. While the checking process is under way, the credit reporter must flag your credit report to show that the item has been disputed. The credit reporter must, as soon as reasonably practicable, decide whether to make the correction you have requested or to confirm the accuracy of the information. If the credit reporter needs longer than 20 working days to make a decision it must notify you of the extension and the reasons for it. If the requested correction is not made you must be told the reason and you may ask to have a statement of the correction sought but not made, attached to the relevant information. This statement will be included with future reports. If a correction is made or a correction statement is added, the credit reporter must inform anyone who has recently received your credit report of the change. They must tell you what they have done and provide you with a copy of the amended report. A credit report describes your credit history, not simply your current debts. Information about a bankruptcy that has been discharged or a default that has subsequently been paid in full can continue to be reported, provided it is updated to reflect the later developments, as it remains an accurate statement of those historical events.
You have the right to make a complaint.
Each credit reporter must maintain an internal complaints procedure and have a designated person to facilitate the fair, simple, speedy and efficient resolution of complaints. If you believe a credit reporter has breached the Code you should first approach them directly. If your complaint is not resolved you may complain to the Privacy Commissioner who has statutory powers to investigate the matter. Some cases that cannot be settled can be taken to the Human Rights Review Tribunal for final determination. Other civil law remedies may also be available including defamation and negligence.
Contact Addresses.
Universal Specialities Limited
PO Box 15645
New Lynn
AUCKLAND 0640
Phone 0800 658 814
Office of the Privacy Commissioner
PO Box 10094, The Terrace
WELLINGTON 6143
Fax (04) 474 7595
Warning: This is only a generalised summary. In the event of a discrepancy between this summary and a provision of the code or Act, the code or Act prevails.
Appendix B - Information Privacy Principles
NOTE
In some cases agencies are authorised or required by other legislation to collect, use, retain, or make available, personal information, and in most cases where an agency collects, uses, retains or makes available personal information in accordance with such legislation this will not amount to a breach of the Privacy Act. (IPP’s10 & 11 of the Privacy Act 2020).
Principle 1
Purpose of collection of personal information
Principle 2
Source of personal information
Principle 3
Collection of information from subject
Principle 4
Manner of collection of personal information
An agency may collect personal information only—
Principle 5
Storage and security of personal information
An agency that holds personal information must ensure—
Principle 6
Access to personal information
Principle 7
Correction of personal information
Principle 8
Accuracy, etc., of personal information to be checked before use
An agency that holds information must not use or disclose that information without taking any steps that are, in the circumstances, reasonable to ensure that the information is accurate, up to date, complete, relevant, and not misleading.
Principle 9
Agency not to keep personal information for longer than necessary
An agency that holds personal information must not keep that information for longer than is required for the purposes for which the information may lawfully be used.
Principle 10
Limits on use of personal information
Principle 11
Limits on disclosure of personal information
Principle 12
Disclosure of personal information outside New Zealand