1 Respecting your privacy and the law

1.1 The privacy of your personal information is important to eTrade Procurement Ltd. We are committed to respecting your right to privacy and protecting your personal information. We are bound by the Privacy Principles in the Privacy Act NZ 1993, as well as other applicable laws and codes affecting your personal information. Our staff are trained to respect your privacy in accordance with our standards and policies.

1.2 This information is provided by eTrade Procurement Ltd for all Vendors ("Vendors") and Buyers ("Buyers") (generically, "Users" or a "User") including international Users. In the instance where eTrade Procurement Ltd’s third party customer information (for example Users’ customer information), this privacy policy is applicable to the areas of “Collection of Personal Information, Using and Disclosing of this information and Protection of this information”. Ownership of Users customer information is solely retained by the identified User with whom the license agreement is signed, hereafter referred to as the “User”.

2 About this Privacy Policy

2.1 This Privacy Policy outlines how we manage your personal information. It also describes generally the sorts of personal information held and for what purposes, and how that information is collected, held, used and disclosed.

2.2 Our Privacy Policy applies to all your dealings with us whether through calling us, via our website, our eTrade web app, our live chat, our online support facility or an eTrade Procurement representative. However, further privacy information may apply in addition to the matters discussed in this Privacy Policy (see, for example, “Our online platforms” below).

2.3 We encourage you to check our website regularly for any updates to our Privacy Policy.

3 Collecting your personal information

3.1 If you are acquiring or have acquired a product or service from eTrade Procurement Ltd we will collect and hold your personal information for the purposes of:

3.1.1 Providing you with the relevant product or service (including assessing your application and identifying you)

3.1.2 Managing and administering the product or service

3.1.3 Storage and management of data

3.2 eTrade Procurement Ltd may also collect your personal information for the purpose of informing you about products or services that might better serve your financial or business needs, promotions or other opportunities in which you may be interested. eTrade Procurement Ltd does not solicit or approach, any third party customers contained in any eTrade Procurement Ltd database. Data such as Users’ customer information is solely owned by the User.

3.3 The information collected may include your name, postal or email address, date of birth, financial details, credit card details, or other information the organisation considers necessary.

3.4 We will, if it is reasonable or practicable to do so, collect your personal information from you. This may happen when you fill out an auction registration specification form or when you give us personal information over the telephone or via email, through our website, the eTrade web app, or through our helpdesk.

3.5 In certain cases we collect your personal information from third parties. For example, we may need to collect personal information from a credit reporting agency, your representative (such as a legal adviser), your employer or publicly available sources of information or any of the other organisations identified below under “Using and Disclosing Your Personal Information.”

4 Using and disclosing your personal information

4.1 Where eTrade Procurement Ltd works with other suppliers to deliver products and services and in line with modern business practices, we may disclose your personal information to the organisations described below. Where your personal information is disclosed we will seek to ensure that the information is held, used or disclosed consistently within the NZ Privacy Principles.

4.2 The relevant organisations are those:

4.2.1 Involved in providing, managing or administering your product or service such as third party suppliers, other Group organisations, loyalty and affinity program partners, printers, posting services, call centres and technology partners (to be specified).

4.2.2 Involved in maintaining, reviewing and developing our business systems (including the eTrade web app), procedures and infrastructure including testing or upgrading our computer systems involved in a corporate re-organisation.

4.2.3 Involved in a transfer of all or part of the assets or business of a Group organisation.

4.2.4 Involved in the payments system including financial institutions, merchants and payment organisations.

4.2.5 Involved in product planning and development which are your representatives including your legal advisers as required or authorised by law, for example, to government or regulatory bodies for purposes related to public health or safety, the prevention or detection of unlawful activities or to protect public revenue where you have given your consent.

5 Use of auction information

5.1 eTrade Procurement, the Buyer and the Vendors agree to keep all information submitted to the platform or which otherwise is disclosed by either party under these Terms confidential and shall not disclose any such information to any third parties without the consent of the owner of the confidential information save that it can disclose such information to those of its employees, agents or professional advisers who have a need to know and who are bound to keep the information confidential.

5.2 eTrade Procurement and the Buyer agree to use the Confidential Information of the other solely in connection with the performance of the Auction and not otherwise or for the benefit of any third party.

5.3 Each party will, at its own expense, take all reasonable and appropriate steps to enforce any duty of confidence owed to it by any party (including employees, agents, sub-contractors and professional advisors), insofar as such enforcement appears to be necessary for the protection of the confidentiality of the Confidential Information.

5.4 The provisions in this section will not apply to the whole or any part of the Confidential Information which:

5.4.1 is lawfully obtained free of any duty of confidentiality otherwise than from a party to these Terms;

5.4.2 is already in the other party's possession other than as a result of a breach of this clause 11;

5.4.3 the Party can demonstrate is in the public domain (other than as a result of a breach of this clause 11);

5.4.4 is independently developed or acquired by that Party without access to the Confidential Information;

5.4.5 Is disclosed pursuant to a judicial or other governmental order, provided that the Party required to disclose gives the other Party reasonable notice prior to such disclosure to allow the disclosing Party a reasonable opportunity to seek a protective order or equivalent; or

5.4.6 Is disclosed with prior written consent of the other Party.

6 In addition, for Group organisations offering

6.1 Banking and finance products or services – other organisations to which personal information is usually disclosed are credit and fraud reporting agencies, debt collection agencies, re-insurers and other organisations involved in our normal business practices (such as securitisation).

6.2 Your personal information may also be used in connection with such purposes.

6.3 Because we operate throughout New Zealand and overseas, some of these uses and disclosures may occur outside of New Zealand. In some circumstances we may need to obtain your consent before this occurs.

7 Marketing our products and services

7.1 We may use or disclose your personal information to let you know about, and develop, products and services from eTrade Procurement Ltd that might better serve your financial or business needs or promotions or other opportunities in which you may be interested. For example, we may do this after an initial marketing contact. You can contact us at any time if you no longer wish us to do so (see “Contacting Us” below).

7.2 eTrade Procurement Ltd will not use or disclose your personal and/or customer information for any marketing or promotional purposes whatsoever and is bound by the NZ Privacy Principles in the Privacy Act NZ 1993.

8 Keeping your personal information accurate and up-to-date

8.1 We aim to make sure that the personal information we collect, use or disclose is accurate, complete and up-to-date. We will take reasonable steps to make sure this is the case. This way we can provide you with better service.

8.2 If you believe your personal information is not accurate, complete or up to date, please contact us (see “Contacting Us” below).

9 Protecting your personal information

9.1 We store information in different ways, including in paper and electronic form. The security of your personal information is important to us and we take reasonable steps to protect it from misuse and loss and unauthorised access, modification or disclosure. Some of the ways we do this are:

9.1.1 Document storage security policies.

9.1.2 Security measures for systems access.

9.1.3 Providing a discreet environment for confidential discussions.

9.1.4 Only allowing access to personal information where the individual seeking access has satisfied our identification requirements.

9.2 Your client information is stored by eTrade Procurement Ltd in our secure database. This information is stored and managed for use solely by the User.

10 Your privacy on the Internet

10.1 Our online platforms (website and web app)

10.1.1 We take care to ensure that the personal information you give us on our website and eTrade web app is protected. For example, our website and eTrade web app have electronic security systems in place, including the use of firewalls and data encryption. If you log an online query, user identifiers, cookies, passwords or other access codes may also be used to control access to your personal information.

10.2 Links to Other Sites

10.2.1 You may be able to access external websites by clicking on links we have provided. Those other websites are not subject to our privacy standards, policies and procedures. You will need to contact or review those websites directly to ascertain their privacy standards, policies and procedures.

10.3 Gaining access to your personal information

10.3.1 You can gain access to your personal information. This is subject to some exceptions allowed by law. Factors affecting a right to access include: Access would pose a serious threat to the life or health of any individual. Access would have an unreasonable impact on the privacy of others. A frivolous or vexatious request. The information relates to a commercially sensitive decision making process. Access would be unlawful. Access would prejudice enforcement activities relating to criminal activities and other breaches of law, public revenue, a security function or negotiations with you. Legal dispute resolution proceedings. Where a third party has given us health information about you in confidence. Denying access is required or authorised by or under law.

10.3.2 We will give you reasons if we deny access.

10.3.3 Contact us to get a form requesting access (see “Contacting Us” below). In some cases we may be able to deal with your request over the telephone or via email.

11 Using Government Identifiers

11.1 Although in certain circumstances we are required to collect government identifiers such as your organisations company number, we do not use or disclose this information other than when required or authorised by law or unless you have voluntarily consented to disclose this information to any third party.

12 Dealing with us anonymously

12.1 You can deal with us anonymously where it is lawful and practicable to do so.

13 Your sensitive information

13.1 eTrade Procurement Ltd does not collect information of a sensitive nature such as your ethnic origin, political opinions, religious or philosophical beliefs or affiliations, membership of a professional or trade association, membership of a trade union, details of health, disability, sexual orientation, or criminal record.

13.2 This is subject to some exceptions including:

13.2.1 the collection is required by law

13.2.2 When the information is necessary for the establishment, exercise or defense of a legal claim.

14 Resolving your privacy issues

14.1 If you have any issues you wish to raise with eTrade Procurement Ltd, or would like to discuss any issues about our Privacy Policy, then you are able to do so in a number of ways:

14.1.1 You are always welcome to speak directly to our staff and they will do their best to resolve your issue. If investigation is required we will keep you advised of progress. If staff are unable to resolve the matter, it will be escalated as appropriate to facilitate resolution.

14.1.2 You can email your issue to info@eTradeProcurement.co.nz