Privacy Policy

Diggermate New Zealand – Privacy Policy

1. Background

We recognise and value:

1. the protection of your personal information; and
2. that you have an interest in our collection and use of your personal information.

We have implemented this Privacy Policy in accordance with the Privacy Act 2020 (Privacy Act), in order to be open and transparent about how we collect, hold, and use your personal information, and under what circumstances we may disclose or transfer it. Please read this Privacy Policy before using our website or submitting any personal information. By using our website, you are accepting the practices described in this Privacy Policy.

This Privacy Policy forms part of the Diggermate Franchising Pty Ltd ACN 619 629 113 (we, our, us) terms and conditions of our various agreements with you (if any).

2. Personal Information

2.1 What is your personal information?

The term ‘personal information’ has the meaning given to it in the Privacy Act. In general terms, personal information is any information that can be used to personally identify you. This may include your name, address, telephone number, email address, profession or occupation. If the any of the information we collect from you identifies you, or is reasonably capable of identifying you, then it will be considered personal information.

2.2 What personal information do we collect?

Personal information held by us may include your:

1. name and date of birth;
2. residential and business postal addresses, telephone/mobile/fax numbers and email addresses;
3. bank account and/or credit card details for agreed billing purposes;
4. any information that you provided to us during an account creation process or added to your user profile;
5. preferences and password for using our website;
6. details of previous bookings or enquiries you have made with us;
7. vehicle license plate numbers;
8. photographs of any vehicles towing our machines;
9. drivers license details;
10. your computer and connection information;
11. your employer or business details; and
12. any information that you otherwise share with us.

2.3 How and why we collect personal information

We may collect personal information when you use our website https://www.diggermate.com/nz/ and any associated services, including (without limitation) when you:

1. complete an online contact form to contact us or any third party;
2. place a booking to hire equipment;
3. provide information to us by telephone or through marketing forms;
4. send us an email or other communication
5. apply for a job with us;
6. if you submit an enquiry about franchising opportunities.

We collect personal information in order to assist you with the provision of services and customer service, supply of products, and any related assistance or other purposes requested through such communication.

Information will only be collected directly from you unless you authorise another person to provide the information.

2.4 What if you choose not to provide personal information?

If you choose not to provide us with your personal information, we may not be able to:

1. provide you with services you may require;
2. process any promotions or benefits;
3. some functions on our website may be restricted or not operational;
4. tailor the content of our websites to your preferences and your experience of our websites may not be as useful or enjoyable.

2.5 IP addresses

We may also collect Internet Protocol (IP) addresses. IP addresses are assigned to computers on the internet to uniquely identify them within the global network, to analyse trends, administer the website, track users’ movements, and gather broad demographic information. We collect and manage IP addresses as part of our services, website and for security purposes. We may also collect and use web log, computer and connection information for security purposes and to help prevent and detect any misuse of, or fraudulent activities involving, the website and any services/products.

2.6 How we use your personal information

The personal information you provide is used for purposes related to our primary business operations. Examples of when your information may be used include:

1. administration needs, including with respect to your account;
2. dealing with requests, enquiries or complaints and other customer care related activities;
3. verifying your identity;
4. assisting you to use functionality on the website or services;
5. processing any purchases of services that you may make through us or this site, including charging, billing and collecting debts;
6. making changes to your account(s);
7. conducting appropriate checks for creditworthiness and for fraud;
8. conducting research and development in respect of our services;
9. gaining an understanding of your information and communication needs or obtaining your feedback or views about our services in order for us to improve them;
10. maintaining and developing our business systems and infrastructure, including testing and upgrading of these systems, assessing the performance of our website and to improve the operation of the website
11. marketing services and products generally; and
12. carrying out any activity in connection with a legal, governmental or regulatory requirement imposed on us or in connection with legal proceedings, crime or fraud prevention, detection or prosecution;

and for any other purpose reasonably considered necessary or desirable by us in relation to the operation of our business.

If you provide personal information about a third party individual to us, you must ensure that the third party is aware of this Privacy Policy, understand it and agrees to accept it.

We will not use your information for purposes other than as described in this privacy policy unless we have your consent, or there are specific law enforcement, public health or safety reasons.

3. Our use of Cookies and third-party integrations

3.1 What are cookies?

This site and our services and products may use “cookies” to help personalise your online experience. A Cookie is a text file or a packet of information that is placed on your hard disk by a web page server to identify and interact more effectively with your computer. There are two types of cookies that may be used by us: a persistent cookie and a session cookie.

A persistent cookie is entered by your web browser into the “Cookies” folder on your computer and remains in that folder after you close your browser and may be used by your browser on subsequent visits to this site. A session cookie is held temporarily in your computer’s memory and disappears after you close your browser or shut down your computer.

Cookies cannot be used to run programs. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you. In some cases, cookies may collect and store personal information about you. We extend the same privacy protection to your personal information, whether gathered via cookies or from other sources.

You can configure your internet browser to accept all cookies, reject all cookies or notify you when a cookie is sent. Please refer to your internet browser’s instructions to learn more about these functions. Most web browsers automatically accept cookies, but you can usually modify your browser settings to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of this site.

3.2 Why we use cookies

This site and our other services may use cookies in order to:

1. remember your preferences;
2. recognise you as logged in while you remain so (if applicable). This avoids your having to log in again every time you visit a new page;
3. show relevant notifications to you (e.g., notifications that are relevant only to users who have, or have not, created an account or subscribed to newsletters or email or other subscription services); and
4. remember details of data that you choose to submit to us (e.g., through online contact forms or by way of comments, forum posts, chat room messages, reviews, ratings, etc).

Many of these cookies are removed or cleared when you log out, but some may remain so that your preferences are remembered for future sessions.

3.3 Third party cookies

In some cases, third parties may place cookies through this site. For example:

1. Lightning Sites. They provide us with the online e-commerce platform that allows us to sell our services and products to you.
2. Google Analytics, one of the most widespread and trusted website analytics solutions, may use cookies de-identified data about how long users spend on this site and the pages that they visit;
3. Google AdSense, one of the most widespread and trusted website advertising solutions, may use cookies to serve more relevant advertisements across the web and limit the number of times that a particular advertisement is shown to you; and
4. Third-party social media applications (e.g., Facebook, Twitter, LinkedIn, Pinterest, YouTube, Instagram, etc) may use cookies in order to facilitate various social media buttons and/or plugins in this site. Log files track actions occurring on the websites, and collect data including your IP address, browser type, internet service provider, referring/exit pages, and date/time stamps.

3.4 Our use of Google Analytics

In the case of Google Analytics information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage.

Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf.

By using this website, you consent to the processing of data about you by Google in the manner described in Google’s Privacy Policy and for the purposes set out above. You can opt out of Google Analytics if you disable or refuse the cookie, disable JavaScript, or use the opt-out service provided by Google.

4. Interacting with Us

By using this website, you represent that you are at least the age of majority and you have given us your consent to allow any of your minor dependents to use this site.

If you contact us with a general question, we may interact with you anonymously or through the use of pseudonyms.

However, you are required to provide true and accurate details when requesting the supply of services or products. You agree you will provide accurate information if so required.

5. Direct Marketing

From time to time, we may send you marketing or promotional material, in accordance with applicable marketing laws, such as the Unsolicited Electronic Messages Act 2007. If you indicate a preference for a method of communication, we will endeavour to use that method whenever practical to do so.

We (or an appointed third party) may also conduct surveys or market research and may seek other information from you on a periodic basis. These surveys will provide us with information that allows improvement in the type, quality and the manner in which those services and products are offered to you.

To opt-out of receiving certain marketing material, you may contact us or select the “unsubscribe” link provided in the email other opt-out facilities provided in the marketing communications.

6. Sharing your Personal Information

We may disclose your personal information to:

1. employees, a related company and professional advisors such as our lawyers;
2. law enforcement agencies to assist in the investigation and prevention of criminal activities;
3. credit-reporting and fraud-checking agencies;
4. credit providers (for credit-related purposes such as creditworthiness, credit rating, credit provision and financing);
5. government and regulatory authorities and other organisations, as required or authorised by law;
6. organisations who manage our business strategies, including those involved in a transfer/sale of all or part of our assets or business (including accounts and trade receivables) and those involved in managing our business risk and funding functions;
7. our franchisees, to the extent required to provide you with services or products; and
8. third party contractors or service providers with whom we have a business association, including:
   1. integration providers;
   2. marketing service providers;
   3. accounting service providers; and
   4. information technology service providers including cloud application providers.

We will not disclose your personal information other than in accordance with this privacy policy without your consent. Unless necessary for our business purposes, we will de-identify your information where it is shared with third parties under clause 6(h).

We are not responsible for the privacy policies of any third party. Third parties are responsible for informing you about their own privacy practices.

7. Overseas Disclosure

We may disclose your personal information third party contractors, service providers or customers with whom we have a business association.

While we do not otherwise actively disclose your personal information to overseas entities (unless provided for in a separate agreement with you), we do engage service providers (such as cloud data services or communications providers) who may have international data centres, hardware and disaster recovery sites. Consequently, these providers may have access to your information.

We rely solely on reputable organisations for such cloud services. We take reasonable steps to ensure that the overseas recipients of your personal information do not breach privacy obligations relating to your personal information.

8. Security of your Personal Information

We store your personal information using servers which have built-in measures to combat unauthorised access, modification or disclosure.

While we endeavour to only hold personal information that is accurate, complete and up to date, if you become aware your information is no longer accurate, complete or up to date please contact us.

9. Disposal of personal information

If we hold personal information about you, and we do not need that information for any purpose, we will take reasonable steps to destroy or de-identify that information unless we are prevented from doing
so by law.

You may make a request to us in writing to remove your personal information and, where permitted, we will do so in accordance with the Privacy Act.

10. How to access and correct your Personal Information

You may request access to any personal information we hold about you at any time by contacting us. We may charge you a reasonable fee to cover our administrative and other reasonable costs in providing the information to you. We will not charge you for simply making the request and will not charge for making any corrections to your personal information.

Upon your request and after satisfying ourselves of your identity, we will provide access to your personal information we hold except in certain prescribed circumstances which include, where:

1. we believe giving access would pose a serious threat to the life, health or safety of any individual, or to public health or public safety;
2. giving you access would be unlawful;
3. granting that access would have an unreasonable impact on the privacy of other individuals.

We will amend any personal information about you that is held by us that is inaccurate, incomplete or out of date if you request us to do so. If we disagree with your view about the accuracy, completeness or currency of a record of your personal information that is held by us, and you ask us to associate with that record a statement that you have a contrary view, we will take reasonable steps to do so.

11. Third Party Websites

You may click-through to third party websites from this site, in which case we recommend that you refer to the privacy statement of the websites you visit. This Privacy Policy applies to this site only and we assume no responsibility for the content of any third-party websites.

12. User Security

New digital threats are emerging all the time, and the online environment is more hostile than ever. To protect your data online, including any data or material transmitted by you to us, we recommend reading, implementing and observing any relevant procedures and safety tips recommended by the Ministry of Business Innovation & Employment from time to time (see – https://www.business.govt.nz/news/data-privacy-and-security/).

13. Complaints procedure

Your privacy is important to us. If you have a complaint or concerns about our information handling processes as they relate to your personal information, we ask that you first contact our privacy officer whose contact details are listed below.

If, after we have conducted our investigations you are still not satisfied then we ask you consult with:

The Office of the Privacy Commissioner
www.privacy.org.nz
0800 803 909

14. How to contact us

If you have any queries, questions, concerns or wish to make a complaint regarding how we deal with your personal information please contact us:

Privacy Officer
Dalai Liddy
Unit 4/103 Spencer Road, Nerang QLD 4211, Australia
0421353036
support@diggermate.com.au

15. Amendments to this Privacy Policy

We are obligated to regularly review and update this policy. We therefore reserve the right to amend this Privacy Policy at any time. Should any significant amendments occur, notification will be provided on the website after the changes have been made. Your continued use after you receive the notification indicates your consent to be bound by the amended Privacy Policy.

Last amendment date: November 09, 2022