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Sime Darby Motor Group Customer Privacy Policy

This Policy addresses the following:

  1. Definitions
  2. Scope of this Privacy Policy
  3. Application of Privacy Policy
  4. What Is Personal Information?
  5. What Personal Information Do We Collect and Hold?
  6. Why Do We Collect Personal Information?
  7. How Do We Collect Your Personal Information?
  8. How Do We Disclose Personal Information?
  9. Application of Privacy Policy to Manufacturers and Third Parties
  10. Do We Send Your Personal Information Outside of New Zealand?
  11. What Happens If We Are Not Able to Collect Personal Information?
  12. How Do We Store and Secure Your Personal Information?
  13. How Long Do We Retain Your Personal Information For?
  14. Electronic Messages
  15. Cookies
  16. How Can You Access or Correct Your Personal Information?
  17. How Can You Complain About A Breach of Privacy?
  18. Changes to This Privacy Policy

1. Definitions

Act means the Privacy Act 1993 or any Act in substitution for that Act.
Manufacturer means the manufacturer of the relevant motor vehicle brand.
Sime Darby means Sime Darby Motor Group (NZ) Limited and includes its subsidiaries. Also referred to as “our”, “us” and “we”.
Web Services means any of our websites, customer portals, mobile applications and electronic media from time to time.

 

2. Scope of this Privacy Policy

This Privacy Policy sets out how we deal with, collect, disclose and hold your personal information. This Privacy Policy further sets out why we collect your personal information, whether you have to give your personal information, what the consequences are of not providing the personal information, your right to access and correct your personal information and various other matters relating to your personal information.

 

3. Application of Privacy Policy

By providing us with your personal information by any means including in person, in store, by email, by phone, via Web Services or otherwise or by authorising (directly or indirectly) third parties to provide us with information you acknowledge and agree to your personal information being treated in accordance with this Privacy Policy. In addition, you also agree to be bound by this Privacy Policy if you agree with any of our terms of sale, e-Commerce Terms of Services, Website Terms and Conditions and any other document incorporating this Privacy Policy.

New Zealand law shall apply to our obligations relating to privacy and this Privacy Policy. To the extent permitted by law you agree to exclude the application of any law other than New Zealand law.

 

4. What is Personal Information

Personal information in this Privacy Policy means personal information under the Act and is generally information that can be used to personally identify you. This may include, without limitation, your name, age, address, gender, contact information, vehicle ownership and service history and financial information.

 

5. What Personal Information do we collect and hold?

We only collect and hold personal information that we consider necessary for the proper administration and function of our business. The personal information we collect may differ depending on the circumstances. By way of example we might require your financial information where lending is required to finance a vehicle but not necessarily for a cash sale. Without limitation we may collect the following personal information:

  • Basic identification and contact information including name, gender, age or date of birth, address, email address and telephone numbers.
  • 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.
  • We may collect other information including information relating to previous insurance claims, details of previous accidents and driving history if we assist you in applying for finance, leasing or insurance.
  • We may collect other financial and credit information including information relating to your credit history if we assist you in applying for finance or credit.
  • 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.
  • 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, VIN number, odometer reading etc.
  • Any additional information relating to you that you provide to us including through use of our Web Services.
  • Any membership information provided to us relating to any third party membership programme or loyalty schemes such as, without limitation, 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 into a premises of ours that has a relevant CCTV system.

 

6. Why do we collect Personal Information?

We collect personal information about you to perform our business activities, to improve the delivery of our business activities and to interact with you with a high level of customer service. Any information that we collect will not be used in ways that do not reflect the original purpose for which the personal information was collected other than as described within this Privacy Policy or as permitted by the Act. Without limitation we may deal with, collect, disclose, and hold your personal information for the following purposes:

  • To provide products and services to you including additional services relating to that purpose including 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 facilitate any application of insurance, leasing, finance or credit including establishing your credit history, credit worthiness, 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 manage, enhance and personalise our offerings to you and other customers.
  • To provide you with information about any products and services you have purchased from us and any new products and services we may offer.
  • To assist you with the servicing, repair and maintenance of any product purchased by you including the sending of WOF reminders, COF reminders, Manufacturer bulletins or similar.
  • To identify and contact you.
  • To communicate with you and deal with your enquiries.
  • To assist in the servicing, repair and maintenance of any vehicle when required including dealing with any warranty schemes, and service, repair and maintenance programmes.
  • To provide you with appropriate access to our Web Services and improve and personalise your and other customers experiences.
  • To administer and promote competitions or promotions.
  • To carry out our legal obligations such as product recalls, law enforcement assistance or similar or such other activities as otherwise authorised by law, including without limitation, investigating and enforcing our rights and remedies against you.
  • In respect of CCTV recordings for the general security and safety of any Sime Darby site.
  • Any other purpose which is disclosed to you and to which you consent, expressly or impliedly, by providing us with your personal information with knowledge or a reasonable expectation or purpose for which we may use it.

 

7. How do we collect your Personal Information?

We collect personal information in a variety of ways. We try to collect this personal information from you directly. Without limitation we collect personal information through:

  • 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 of or 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.
  • Entities part of Sime Darby 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 have in turn provided to them and may be relevant to the improvement of our products and services to you.
  • Credit reporting agencies, law enforcement agencies, debt collection agencies, government departments and other publicly available sources.

 

8. How do we disclose Personal Information?

We will ensure there are reasonable safeguards in place to prevent loss, misuse or disclosure of your personal information. However, you consent to us disclosing information to third parties if relevant to the purposes for which we collected the personal information. These parties may include:

  • Our employees, officers, licensees, contractors, agents and partners and any company or entity being a Sime Darby entity;
  • Manufacturers, warranty providers, lessors, insurers, roadside assistance providers, servicing providers, financiers and other service providers;
  • 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.
  • Existing or potential service providers or other suppliers, business partners or joint venture entities or partners.
  • Sponsors, or promoters of any competition that we conduct or promote.
  • Other parties authorised by you to receive information held by us;
  • A purchaser or assignee of Sime Darby (including of any subsidiary company) where we sell part or all of the business of that entity.
  • Other parties who are permitted or required to receive the permitted information by law.

 

9. Application of Privacy Policy to Manufacturers and Third Parties

From time to time the Manufacturer or third party may as a connected service collect personal information from your use of the Vehicle or otherwise collect information from you. In such circumstances you may be subject to the privacy policies and other requirements of that Manufacturer or third party and they may or may not be required to meet the standards or similar standards of the Act. Generally, any personal information is provided directly to the Manufacturer or third party for these connected services but we may on occasion be granted access to personal information for the purposes of service scheduling, repairs and maintenance. To the extent that we deal with, collect, disclose and hold that personal information this Privacy Policy will apply.

Our Webservers may contain links to, or otherwise interact with, Manufacturers or third parties’ servers or IT infrastructure. Accordingly, we cannot control these party’s privacy policies or practices and these may or may not be required to meet the standards or similar standards of the Act.

Similarly, communication, engagement and actions taken through external social media platforms are subject the terms and conditions as well as the privacy policies held with each social media platform respectively. Accordingly, we cannot control these party’s privacy policies or practices and these may or may not be required to meet the standards or similar standards of the Act. You are advised to use social media platforms wisely and communicate / engage with them with due care and caution with regard to your privacy and personal details.

 

10. 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 related entity of Sime Darby located outside of New Zealand. It may also include third parties including, without limitation Manufacturers and other external service providers located outside of New Zealand.

We take reasonable steps to ensure that any recipient outside of New Zealand maintains the privacy of your personal information. However, you may be subject to the privacy policies and other requirements of that that overseas party and they may or may not be required to meet the standards or similar standards of the Act. The personal information may also be subject to the laws of the applicable jurisdiction including any access requests.

 

11. What happens if we are not able to collect Personal Information?

You are not obligated to provide us with your personal information and if you choose not to provide the same or restrict our ability to deal with, collect, disclose, hold and use your personal information, then:

  • We may not be able to provide you with the products or services you want or to the standard that we otherwise could of.
  • We may not be able to provide you with information about products or services that you may want, including, without limitation, information about maintenance, servicing, new offers, discounts, promotions or other material.
  • Any repairs, maintenance or servicing may not be as cost efficient, timely and we may not be able to design an appropriate programme in respect of the same.
  • We may not be able to adjust our Web Service to your preferences or deliver content on our Web Service in a way that we otherwise might of.
  • You may not be able to participate in competitions or promotions.
  • We may not be able to assist you with any applications to any Manufacturer, warranty provider, lessor, insurer, roadside assistance providers, servicing providers, financiers and other service providers.
  • We may not be able to respond to your enquiries as effectively as we otherwise would have.

 

12. How do we store and secure your Personal Information?

We take reasonable steps to protect your personal information from loss, misuse or disclosure. If you suspect any loss, misuse or unauthorised access or disclosure of your personal information please contact us immediately. However, we cannot guarantee that your personal information will be free from loss, misuse, unauthorised access or disclosure and accordingly will not be liable for the same.

 

13. How long do we retain your Personal Information for?

We keep your personal information for so long as is it is required having regard to the purpose for which the personal information was collected and as otherwise required 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 to be retained by law then we will destroy it.

 

14. Electronic Messages

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 method from us or from third parties on our behalf.

You may opt out of receiving those electronic messages or other communications by contacting us at customer.care@simedarby.co.nz or +64 (09) 258 5141 or by utilising any unsubscribe facility that accompanies an electronic message or other communication. If you do 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 request.

 

15. Cookies

Our Web Services use a technology called cookies. A “cookie” is a small data element that is transferred to your device. 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 you can usually 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.

The use of “cookies” is an industry standard and helps us record your preferences and analyse web traffic. During normal usage our Web Services “cookies” do not store personal information about you or gives us access to your device unless you have otherwise consented, or if it is essential to use of the Web Services (i.e. secure login). We use cookies to improve and better tailor our Web Services to you including remembering preferences or providing you specific advertisements. We may utilise third party cookies in some parts of our Web Services.

 

16. How can you access or correct your Personal Information?

Your personal information is stored securely and can only be accessed by authorised persons. You are welcome to contact us at any time at Privacy Officer at PO Box 22117, Otahuhu, Auckland, 1640 julian.morgan@simedarby.co.nz or +64 (09) 258 5141 to confirm whether we hold personal information about you, request access to your personal information or correct it. In some cases, there may be a charge in correcting information based on your request, attaching to any personal information a statement of any correction sought but not made and retrieving and providing a copy of the personal information to you. 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. There may be other circumstances where we cannot provide you access to the personal information we hold. For example, where it would breach somebody else’s right to privacy or would endanger someone else’s safety.

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.

 

17. How can you complain about a breach of privacy?

If you any comments, questions or complaints about the handling of your personal information you may contact our Privacy Officer by mail at The Privacy Officer, Sime Darby Group, PO Box 22117 Otahuhu, Auckland, 1640,  by email at julian.morgan@simedarby.co.nz or by phone on +64 (09) 258 5141 who will endeavour to respond to your enquiry promptly and outline options as to how this matter may be resolved.

 

18. Changes to this Privacy Policy

We may change our Privacy Policy from time to time. If we do change our Privacy Policy an updated version will be posted here https://www.simedarby.co.nz/terms-and-conditions. This Privacy Policy was last updated on 17 February 2020. If you do not agree to any change in our Privacy Policy while we continue to hold personal information about you then please promptly contact us.