• 1. THE COLLECTION OF PERSONAL INFORMATION
  • 2.  PURPOSE OF COLLECTION, USE AND DISCLOSURE OF PERSONAL INFORMATION
  • 3. SECURITY OF PERSONAL INFORMATION
  • 4. ACCESS, CORRECTION, COMPLAINTS AND ENQUIRIES
  • 5. INFORMATION RELATING TO PROSPECTIVE, CURRENT AND FORMER EMPLOYEES
  • 6. CHANGES TO THIS PRIVACY POLICY AND OBTAINING A COPY OF THIS POLICY

OUR PRIVACY POLICY

Denza New Zealand ("Denza New Zealand", "we", "us" or "our") is a registered business name of Denza New Zealand Limited NZBN:  9429052559099. At Denza New Zealand, we recognise the importance of your privacy and appreciate that your personal information is very important to you.

We are committed to protecting your privacy and complying with our obligations under the New Zealand Privacy Act 2020 and the 13 Information Privacy Principles (IPPs). This commitment extends to the handling of all personal information collected in or from New Zealand.

Where applicable, Denza New Zealand will handle personal information in accordance with any specific exemptions provided under the New Zealand Privacy Act 2020 or other relevant New Zealand legislation.

In this Privacy Policy "personal information" has the meaning set out in the Privacy Act. Basically, personal information is information or an opinion about an individual who is reasonably identifiable. 

This Privacy Policy outlines:

 

· the kinds of information we collect and hold about you;

· how you can deal with us anonymously;

· the kinds of sensitive information we collect;

· how we collect your personal information;

· the purpose by which and how we collect, use and disclose your personal information;

· cross border disclosure;

· when we will use your personal information for direct marketing;

· how we keep your information secure;

· how to access, update or correct your personal information; and

· how you can make a complaint in relation to how we may have managed your personal information.

 

Our authorised dealers network is independently owned and operated, and may have privacy policies which differ from ours. They are responsible for their own respective privacy policies and privacy related processes (where relevant in the context). If you have any privacy concerns relating to an independent dealer, please contact the relevant party directly.

 

This Privacy Policy applies to customers, potential customers, suppliers, service providers, dealers, agents, contractors, secondees, potential employees, temporary staff and generally does not apply in relation to our current or former employees.

 

1. THE COLLECTION OF PERSONAL INFORMATION

 

1.1  Information we collect and hold

We collect information that is reasonably necessary for, or directly related to one or more of our functions and activities. The types of personal information we collect include but are not limited to your:

 

· name;

· gender;

· age and birth date;

· occupation and employment details;

· contact details;

· residential and/or business address, including postcode;

· registration and driver’s licence details;

· other forms of identification used to confirm your identity;

· credit card and bank account details;

· other financial information;

· current and past vehicle information and details;

· cookies, website tracking and usage information including but not limited to Device ID, User/Cookie ID or Cookie Identifier (for more information about what  information we collect via these technologies, please refer to clause 5.2 below and our Cookie Policy;

· location through anti-theft vehicle tracking technology in loan and demonstrator vehicles;

· voice when we record inbound and outbound calls for quality, training and record purposes; and

· image by videos and photos at events, during market research or through security cameras;

· educational qualifications, resume and reference checks;

· personal interests; and

· personal preferences (such as your preferred vehicle specifications).

 

Anonymity

Where appropriate, we provide you with the option of remaining anonymous when entering into transactions with us, unless such anonymity would be considered unlawful or impracticable. If you elect not to provide us with your personal information, we may not be able to do business with you or consider you for recruitment opportunities.

 

Sensitive Information

Generally, we do not collect sensitive information.  However, we may collect sensitive information about you (for example, health information and criminal record checks if you are applying for a job with us), if we have your express consent (such as for the purpose of confirming your identity) or if the collection is required or authorised by law.

 

1.2 How we collect your personal information

We take steps to ensure that we collect personal information by lawful means, and obtain your personal information in various ways, including but not limited to:

 

We collect your personal information in the following circumstances and for the stated purposes:

· When you contact us: When you contact or correspond with us, we collect information to respond to your enquiry and provide customer support.

· Customer support: When you phone our customer support centres, we collect information to provide assistance, maintain service records, and improve our services.

· Visiting our premises: When you attend one of our premises or the premises of our agents, we collect information for security, health and safety, and to manage your visit.

· Dealership and vehicle services: When you visit an authorised dealership to test drive, purchase, or service a vehicle, we collect information to facilitate that service, process transactions, and maintain your vehicle's records.

o Important Notice on Location Tracking: Vehicles you test drive or loan from us or our dealerships may be fitted with anti-theft tracking technology. Please be aware that this technology will track the vehicle's location during your loan period. This is done for the purposes of asset protection and recovery, and your safety.

o ID Verification: If you undertake an ID check for use of the BYD App or telematics services, this information is collected to verify your identity and secure your account.

· Purchases: If you order or purchase a product or service from us, we collect information to process your order, provide the product/service, and manage our commercial relationship.

· Business partnerships: If you enquire or apply to be an authorised partner or vendor, we collect information to assess and manage your application and our potential business relationship.

· Roadside assistance: From third-party roadside assistance service providers, we collect information to facilitate the assistance you have requested for your vehicle.

· Digital interactions via our websites and apps:

o We collect information you choose to supply by entering it into interactive sections (e.g., enquiry forms, creating a login) to process your requests and provide interactive features.

o Public Posting Warning: Please be aware that any information you post or disclose on public sections of our websites (e.g., message boards, blogs, social networking features) may be available to the general public. We advise you to exercise caution in these areas.

o We collect information via cookies and similar technologies to analyse website traffic, improve your online experience, and personalise content (as detailed in our Cookie Policy).

o We collect information through our Apps or related group company Apps to provide you with the app's functionality and services.

· Social media: From social media platforms, we collect information you make public or direct to us (e.g., through comments or direct messages) to interact with you and respond to your queries.

· Marketing and research: From competitions, promotions, events, focus groups, or surveys you participate in, we collect information to administer the activity and analyse feedback to improve our products and services.

· Publicly available sources: We may collect information from publicly available sources (e.g., public databases, social media pages you have made public) to better understand our market and customer demographics.

o Note on Combined Data: We may combine this publicly-sourced information with information we collect directly from you. We will only do this where we have a legitimate purpose and it is fair and lawful in the circumstances.

· Third-party service providers: From third-party service providers who assist us with our functions and services, we collect information they have gathered in accordance with their own privacy policies, where we have a legitimate reason to do so.

· Employment applications: When you apply for work with us, we collect information to assess your application and, with your consent, conduct reference checks.

· BYD group companies: From other related or BYD Group companies, where it is necessary for our business functions and consistent with this Privacy Policy.

· Vehicle recalls: From government or industry bodies responsible for vehicle and driver information systems (where permitted by law) to conduct necessary vehicle safety recalls.

· Legal and regulatory requirements: From government bodies, enforcement and regulatory authorities, where we are required or authorised by New Zealand law to do so.

 

Where you provide personal information about other individuals to us (for example, joint owners, family members or referees), we rely on you to inform those individuals that you are providing their personal information to us and tell them about this Privacy Policy.

 

2.  PURPOSE OF COLLECTION, USE AND DISCLOSURE OF PERSONAL INFORMATION

 

2.1 How we use personal information

Primarily we collect personal information for the purpose declared at the point of collection and so we can provide you with the best possible experience for you, and in order to comply with our legal, regulatory, industry or workplace requirements. More specific purposes include but are not limited to:

 

· any purpose which we inform you about when we collect your personal information or to which you have provided your consent;

· any purpose relating to buying, selling, repairing and loaning vehicles and parts;

· registering your interest in buying vehicles, servicing vehicles or part sales, including via our microsites;

· providing you with digital services requested by you including the BYD App, smart control information and telematics services;

· if you wish to own or already own a franchise of our products and/or services;

· any related purpose which would be reasonably necessary or directly related to one or more of our functions or activities;

· customer management including communicating to you about any goods and services, responding to enquiries in relation to products we sell and services we offer and varying our products and services;

· providing support to our customers and authorised dealer network;

· customer assistance, care, contact and information;

· fulfilling and processing orders and administering accounts;

· roadside assistance, vehicle warranty, product issues, service measures and recalls;

· marketing, event and promotional activities (including but not limited to competitions and other promotions);

· informing you of special events or offers;

· reporting, market research, customer surveys, customer analysis and product development;

· accounting, billing or other internal administrative purpose;

· as part of servicing and maintenance of IT systems and applications;

· recruitment purposes;

· to protect our legitimate interests including, for instance, registering a security interest on the Personal Property Securities Register or taking or responding to any legal action;

· conducting background checks, including checking against sanctions lists;

· to comply with industry, legal and regulatory requirements; and/or

· where permitted or required by law, a court or tribunal.

 

2.2 Disclosure

During the course of our day to day business, we may disclose your personal information to third parties outside our organisation, including but not limited to:

 

· those that you have consented we disclose your personal information to, either impliedly by your conduct, verbally or in writing;

· our authorised network;

· contracted service providers including but not limited to payment service providers, advertising and marketing agencies, certain cookie and web technology providers referred to in our Cookie Policy, financiers, insurers, mailing houses, printers, organisations that assist us to conduct promotions, market research, product planning, analytics or research and development, payroll service providers, recruitment agencies, debt collectors, data analysts, IT service providers, roadside assistance providers, database storage and service providers, cloud service providers, auditors and professional advisors;

· other members that are part of, related to or associated with the BYD Company Ltd (many of whom are based overseas see 2.3 below);

· related companies for example, BYD Auto Industry Co., Ltd that we share corporate services with, including information technology and human resources, or who provide back of office services to us;

· third party consultants under conditions of confidentiality for business related activities; and/or

· government agencies, enforcement authorities, regulators or other similar entities as required or permitted by law.

2.3  Our Commitment to Children’s Privacy

We do not knowingly collect, use, share or sell the Personal Data of children. If we learn that we have collected Personal Data from a child, we will delete that information. For questions or additional information, see the “Contact Us” section below.

 

2.4 Cross border disclosure

In the ordinary course of our day to day business activities and those of our related and associated entities and service providers, your personal information may be transferred, accessed, processed and/or stored in various countries which include but are not limited to, Singapore, India, China, Malaysia, United Kingdom and Japan.

This also includes other service providers which may be located overseas. The countries in which these third parties are located will depend on the circumstances. Where we arrange for work or services to be undertaken on our behalf, that work is undertaken under conditions of confidentiality and may result in your personal information being transferred, accessed, processed and/or stored (for example, on clouds or servers) in various countries for the purpose of service delivery to us or you.

 

Unless an exception applies in the Privacy Act, prior to disclosing personal information to overseas recipients we will take reasonable steps in the circumstances to ensure that the overseas recipient adheres to the APPs.

 

Overseas organisations may be required to disclose information we share with them under a foreign law. In those instances, to the fullest extent permitted by law, we will not be responsible for that disclosure.

 

2.5 Direct marketing

Direct marketing involves us communicating directly with you to promote the sale of our goods and services. This can be achieved by an array of methods including for example, by mail, telephone, e-mail or SMS/IM/MMS and potentially by third parties on our behalf. We will obtain your consent prior to using or disclosing your personal information for direct marketing purposes.

 

We do not actively market to children or knowingly collect personal information about children without parental consent. Whilst we do take steps to ensure that children’s privacy and rights are not compromised, it is ultimately the responsibility of parents to monitor their children’s internet usage. 

 

2.5.1 Electronic communications

Where we electronically communicate with you (e.g., by instant messaging, SMS/MMS, and other mobile messaging (but excluding voice-to-voice communications)) for the purpose(s) mentioned above, we comply with the Unsolicited Electronic Messages Act 2007 as amended from time to time.

We take steps to ensure that our commercial electronic messages meet the following conditions, they:

· will only be sent with your consent, which you either provide expressly, or in very limited circumstances, that consent is inferred by your conduct or an existing ongoing business relationship;

· contain accurate information about us and how to contact us; and

· contain a functional unsubscribe facility to allow you to opt out of receiving electronic messages from us in the future.

 

2.5.2 Unsolicited Electronic Messages Act 2007

The Unsolicited Electronic Messages Act 2007 establishes rules for commercial electronic messages, including telemarketing calls (voice calls), to help you opt out of receiving unsolicited marketing communications.

If you have told us directly that you do not wish to receive telemarketing calls from us, or if your number is registered on the New Zealand Name Removal Register (the "Do Not Call" register) administered by the Marketing Association, we will not contact you for the purpose of telemarketing (for example, offering to sell you goods or services).

However, we will still contact you for purposes that are not considered telemarketing under the Act, including but not limited to the following:

· product recall, issue and fault rectification calls;

· appointment reminder and rescheduling calls;

· calls relating to payments;

· calls relating to a contract or the subject matter of a contract we have with you; and

· calls that you have requested or solicited.

 

2.5.3 Opting out - Direct marketing, electronic communications and telephone calls

If you do not wish to receive direct marketing, electronic communications or telephone calls from us for direct marketing purposes, you can opt out at any time.  When you opt out, we will stop sending the material until such time as you change your preferences.

 

If you elect not to receive any direct marketing material from us, you are likely to miss out on special product and service promotions, invitations to events, publications and other items that fall into this category.

 

You can opt out by contacting our Privacy Officer as per the details set out in item 4.3 of this Privacy Policy.

 

2.6 Cookies, Tracking and Retargeting Technologies

 

2.6.1 General

We use different web technologies (such as cookies, tracking technologies and retargeting technologies) so that we can make our webpages more user-friendly, continuously improve them, and show content, offers and advertisements that are more suited to you.  We may also use this information to conduct reporting, customer analytics, market research and product development.  For more information about what web technologies are and how we use them, please refer to our Cookie Policy on our website.

 

 

Important: When certain web technologies are used, cookies on our websites track your browsing activity. In the process, random identifiers (so called “Cookie IDs”) are used which may be brought into connection with your name, your address or similar personally identifiable information that we may already hold (e.g. from an existing contractual relationship). On this basis, if you have already provided us with personally identifiable information, by consenting to the use certain web technologies you are consenting to us associating your browsing activity on our websites to you personally.

For Analysis and Statistics web technologies, Comfort web technologies and Marketing web technologies, we will only use these technologies if you agree. For Technically Required web technologies, by simply using our websites, you consent to their use.

 

Further information about the above technologies, the respective providers and the associated processing of personal data, please refer to our Cookie Policy.

 

2.6.2 Managing preferences

 

You can manage the use of web technologies via our Cookie Policy or via your browser or device by following the manufacturer's instructions on how this is done for the respective browser or device you use.

 

If you do not wish for us to use certain web technologies (other than those technically required), you can object or “Opt-Out” at any time. We will comply with your objection by placing an Opt-Out cookie in your browser. Please note that for technical reasons, an Opt-Out cookie affects only the browser in which it has been installed. If you delete the cookie or use a different browser or device, you will need to opt out again.

 

To find out more, please visit our Cookie Policy.

 

2.6.3 Data transmission outside of New Zealand

When using web technologies, data may be transmitted to recipients outside New Zealand.

 

3. SECURITY OF PERSONAL INFORMATION

 

3.1 Integrity and quality of personal information

We take reasonable care to ensure that personal information we use, store and subsequently destroy/delete (where relevant) meets certain quality requirements, in that the personal information is accurate, up to date and complete.

 

3.2 Security of personal information

While care is taken to protect your personal information, unfortunately no data transmission over the internet is guaranteed as being 100% secure. Accordingly, we cannot guarantee the security of any information you send to us or receive from us online. That is particularly true for information you send to us via email as we have no way of protecting the information until it reaches us. Once we receive your personal information, we are required to protect it in accordance with the Privacy Act.

 

Denza New Zealand follows the BYD Group global policies, guidelines and standards to secure your information, whichever the standard is higher.  We continually train and remind our staff of the importance of keeping information safe and secure.

 

We have adopted active security measures to ensure that your personal information is kept safe from misuse, interference, loss, unauthorised access, disclosure and modification, such as:

 

(a)   System security: Our application systems are password protected and can be accessed only by people authorised to do so.  Our policies require us to encrypt confidential information, for instance, when you provide information to us using our website or when you send information from your computer to us.  Security is inbuilt into the design and operations of our systems through the use of firewalls, ethical hacking and virus scanning tools.

(b)   Physical security: Our premises are protected against unauthorised access by way of access card for entry, cameras, alarms and security services.

(c)   Data retention: If personal information is no longer required for the purpose for which we are permitted to use, disclose or legally retain it, then we will permanently remove from a record any information by which an individual may be identified in order to prevent future re-identification from the data available. We retain information as long as needed to comply with the law or our own corporate policies and procedures.

 

Whilst we seek to keep your personal information secure, errors may occur from time to time and we will act quickly to investigate them and implement measures to avoid them from happening again (where possible).

 

We will at no time sell, rent or trade your personal information to or with any other unrelated entity. 

 

4. ACCESS, CORRECTION, COMPLAINTS AND ENQUIRIES

We take reasonable steps to ensure that information we collect, hold or disclose about you is accurate, complete and up to date.

 

4.1 Access to information we hold about you

At any time, you can request access to information we hold about you. We aim to respond to your request within 30 days. We may charge a reasonable fee for information requests.

 

Whilst we are obliged to provide you with access to your information, there are exceptions and those are outlined in the Privacy Act. If one of the exceptions applies to your access request, we will (if reasonable in the circumstances) work with you and attempt to provide you with access in a way to meet both of our needs. If it is reasonable in the circumstances, we will also notify you in writing if we have determined to refuse access to your personal information due to one of the exceptions listed above and the reasons for that refusal.

 

4.2 Correction of information we hold about you

We also encourage you to actively engage with us and let us know when your details change or if your personal information needs correction or updating via our contact information provided below. 

 

4.3 Complaints and enquiries

If you are not happy with the way we have handled your personal information or believe that we have breached the Privacy Act or the IPPs, please contact us and we will try our best to resolve the matter with you. For security reasons, we request that complaints, requests for access to or correction of personal information or any enquiries or questions concerning privacy matters be put in writing and either e-mailed or posted to:

 

The Privacy Officer
Denza New Zealand Ltd
40 Paisley Place, Mount Wellington, Auckland, 1060, NZ
 

We may also require proof of your identity.

 

For information about privacy generally, or if your concerns are not resolved to your satisfaction, you can contact the New Zealand Office of the Privacy Commissioner (Te Mana Mātāpono Matatapu) for guidance.

· Website: https://www.privacy.org.nz/

· Phone: 0800 803 909 (within New Zealand)

· Complaint Form: https://www.privacy.org.nz/your-rights/making-a-complaint/complaint-form/

 

5. INFORMATION RELATING TO PROSPECTIVE, CURRENT AND FORMER EMPLOYEES

Due to the employee records exemption in the Privacy Act, this Privacy Policy does not apply to our past or current employees. However, we recognise that employee records should be handled with the utmost care and we therefore will comply with any obligations that may apply to employee personal information under other applicable laws.

 

If an employee has any questions or requests relating to their employee records, then the employee should contact Denza New Zealand’s human resources department.

 

This Privacy Policy applies to independent contractors, job seekers, secondees and work experience students.

 

6. CHANGES TO THIS PRIVACY POLICY AND OBTAINING A COPY OF THIS POLICY

We make our Privacy Policy available on our websites and will provide a copy of this Privacy Policy to anyone who requests it free of charge.

We reserve the right to amend this Privacy Policy at our discretion and at any time. If the changes allow us to use Personal Data in ways that materially affect your rights, we will post a special note and, if required by law, will prompt you for your consent for certain changes. When we make changes this Privacy Policy, we will post the updated Privacy Policy and update the “Last Updated” date. Each version of this Privacy Policy will be identified by their Last Updated date.