Definitions

• 1.1 “Contract”means the terms and conditions contained herein, together with any quotation, order, invoice or other document or amendments expressed to be supplemental to this Contract.
• 1.2 “Supplier”means Transquip Limited T/A Transquip, its successors and assigns or any person acting on behalf of and with the authority of Transquip Limited T/A Transquip.
• 1.3 “Client”means the person/s, entities or any person acting on behalf of and with the authority of the Client requesting the Supplier to provide the Services as specified in any proposal, quotation, order, invoice or other documentation, and:
  • (a) if there is more than one Client, is a reference to each Client jointly and severally;
  • (b) if the Client is a partnership, it shall bind each partner jointly and severally;
  • (c) if the Client is a part of a Trust, shall be bound in their capacity as a trustee;
  • (d) includes the Client’s executors, administrators, successors and permitted assigns.
• 1.4 “Goods”means all Goods (including Equipment hire where applicable) or Services supplied by the Supplier to the Client at the Client’s request from time to time (where the context so permits the terms ‘Goods’ or ‘Services’ shall be interchangeable for the other).
• 1.5 “Confidential Information”means information of a confidential nature whether oral, written or in electronic form including, but not limited to, this Contract, either party’s intellectual property, operational information, know-how, trade secrets, financial and commercial affairs, contracts, client information (including but not limited to, “Personal Information” such as: name, address, D.O.B, occupation, driver’s license details, electronic contact (email, Facebook or Twitter details), medical insurance details or next of kin and other contact information (where applicable), previous credit applications, credit history) and pricing details.
• 1.6 “Cookies”means small files which are stored on a user’s 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. If the Client consents to the Supplier’s use of Cookies on the Supplier’s website and later wishes to withdraw that consent, the Client may manage and control the Supplier’s privacy controls via the Client’s web browser, including removing Cookies by deleting them from the browser history when exiting the site.
• 1.7 “Price”means the Price payable (plus any Goods and Services Tax (“GST”) where applicable) for the Goods as agreed between the Supplier and the Client in accordance with clause 5 below.

Acceptance

• 2.1 The Clientis taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Client places an order for or accepts Delivery of the Goods.
• 2.2 Inthe event of any inconsistency between the terms and conditions of this Contract and any other prior document or schedule (including the Supplier’s Hire Form) that the parties have entered into, the terms of this Contract shall prevail.
• 2.3 Anyamendment to the terms and conditions contained in this Contract may only be amended in writing by the consent of both parties.
• 2.4 The Clientacknowledges that:
  • (a) the supply of Goods on credit shall not take effect until the Client has completed a credit application with the Supplier and it has been approved with a credit limit established for the account; and
  • (b) in the event that the supply of Goods request exceeds the Clients credit limit and/or the account exceeds the payment terms, the Supplier reserves the right to refuse Delivery; and
  • (c) the supply of Goods for accepted orders may be subject to availability and if, for any reason, Goods are not or cease to be available, the Supplier reserves the right to vary the Price with alternative Goods as per clause 5.2 , subject to prior confirmation and agreement of both parties; and
  • (d) the Supplier also reserves the right to halt all Services until such time as the Supplier and the Client agree to such changes. The Supplier shall not be liable to the Client for any loss or damage the Client suffers due to the Supplier exercising its rights under this clause.
• 2.5 Noneof the Supplier’s agents or representatives are authorised to make any representations, statements, conditions or agreements not expressed by the manager of the Supplier in writing nor is the Supplier bound by any such unauthorised statements.
• 2.6 Electronicsignatures shall be deemed to be accepted by either party providing that the parties have complied with Section 226 of the Contract and Commercial Law Act 2017 or any other applicable provisions of that Act or any Regulations referred to in that Act.

Errors and Omissions

• 3.1 The Clientacknowledges and accepts that the Supplier shall, without prejudice, accept no liability in respect of any alleged or actual error(s) and/or omission(s):
  • (a) resulting from an inadvertent mistake made by the Supplier in the formation and/or administration of this Contract; and/or
  • (b) contained in/omitted from any literature (hard copy and/or electronic) supplied by the Supplier in respect of the Services.
• 3.2 Inthe event such an error and/or omission occurs in accordance with clause 3.1 , and is not attributable to the negligence and/or wilful misconduct of the Supplier; the Client shall not be entitled to treat this Contract as repudiated nor render it invalid.

Change in Control

• 4.1 The Clientshall give the Supplier not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client and/or any other change in the Client’s details (including but not limited to, changes in the Client’s name, address and contact phone or fax number/s, change of trustees or business practice). The Client shall be liable for any loss incurred by the Supplier as a result of the Client’s failure to comply with this clause.

Price and Payment

• 5.1 Atthe Supplier’s sole discretion the Price shall be either:
  • (a) as indicated on any invoice provided by the Supplier to the Client; or
  • (b) the Price as at the date of Delivery of the Goods according to the Supplier’s current price list; or
  • (c) the Supplier’s quoted price (subject to clause 5.2 ) which will be valid for the period stated in the quotation or otherwise for a period of thirty (30) days.
• 5.2 The Supplierreserves the right to change the Price if a variation to the Supplier’s quotation is requested. Any variation from the plan of scheduled Services or specifications of the Goods (including, but not limited to, any variation as a result of fluctuations in currency exchange rates, product not being compliant, shipping delays or increases to the Supplier in the cost of taxes, levies, materials and labour) will be charged for on the basis of the Supplier’s quotation and will be shown as variations on the invoice.
• 5.3 The Clientshall be required to respond to any variation submitted by the Supplier within ten (10) working days. Failure to do so will entitle the Supplier to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion.
• 5.4 Atthe Supplier’s sole discretion a non-refundable deposit may be required.
• 5.5 Timefor payment for the Goods being of the essence, the Price will be payable by the Client on the date/s determined by the Supplier, which may be:
  • (a) on Delivery of the Goods;
  • (b) before Delivery of the Goods;
  • (c) by way of instalments/progress payments in accordance with the Supplier’s payment schedule;
  • (d) for certain approved Clients, due twenty (20) days following the end of the month in which a statement is posted or emailed to the Client’s address or address for notices;
  • (e) the date specified on any invoice or other form as being the date for payment; or
  • (f) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by the Supplier.
• 5.6 Paymentmay be made by electronic/on-line banking, credit card (a surcharge per transaction may apply), or by any other method as agreed to between the Client and the Supplier.
• 5.7 The Suppliermay in its discretion allocate any payment received from the Client towards any invoice that the Supplier determines and may do so at the time of receipt or at any time afterwards. On any default by the Client the Supplier may re-allocate any payments previously received and allocated. In the absence of any payment allocation by the Supplier, payment will be deemed to be allocated in such manner as preserves the maximum value of the Supplier’s Purchase Money Security Interest (as defined in the PPSA) in the Goods.
• 5.8 The Clientshall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by the Supplier nor to withhold payment of any invoice because part of that invoice is in dispute.
• 5.9 Unlessotherwise stated the Price does not include GST. In addition to the Price, the Client must pay to the Supplier an amount equal to any GST the Supplier must pay for any supply by the Supplier under this or any other contract for the sale of the Goods. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

Delivery of Goods

• 6.1 Delivery (“Delivery”)of the Goods is taken to occur at the time that:
  • (a) the Client or the Client’s nominated carrier takes possession of the Goods at the Supplier’s address; or
  • (b) the Supplier (or the Supplier’s nominated carrier) delivers the Goods to the Client’s nominated address even if the Client is not present at the address.
• 6.2 Atthe Supplier’s sole discretion the cost of Delivery is in addition to the Price.
• 6.3 The Suppliermay deliver the Goods in separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions in these terms and conditions.
• 6.4 Delivery of the Goodsto a third party nominated by the Client is deemed to be delivery to the Client for the purposes of this agreement.
• 6.5 Any timespecified by the Supplier for Delivery of the Goods is an estimate only and the Supplier will not be liable for any loss or damage incurred by the Client as a result of Delivery being late. However both parties agree that they shall make every endeavour to enable the Goods to be delivered at the time and place as was arranged between both parties. In the event that the Supplier is unable to supply the Goods as agreed solely due to any action or inaction of the Client, then the Supplier shall be entitled to charge a reasonable fee for redelivery and/or storage.

7. Online Ordering

• The Client acknowledges and agrees that:
  • (a) the Supplier does not guarantee the website’s performance or availability of any of its Goods; and
  • (b) display on the website does not guarantee the availability of any particular Goods; therefore, all orders placed through the website shall be subject to confirmation of acceptance by the Supplier; and
  • (c) on-line ordering may be unavailable from time to time for regularly scheduled maintenance and/or upgrades; and
  • (d) there are inherent hazards in electronic distribution and as such the Supplier cannot warrant against delays or errors in transmitting data between the Client and the Supplier including orders. The Client agrees that to the maximum extent permitted by law, the Supplier will not be liable for any losses which the Client suffers as a result of online-ordering not being available or for delays or errors in transmitting orders; and
  • (e) when making a transaction through the website, the Client’s information will pass through a secure server using SSL (secure sockets layer) encryption technology or any other similar technology as disclosed by the Supplier and/or displayed on the website. The encryption process ensures that the Client’s information cannot be read by or altered by outside influences; and
  • (f) if the Client is not the cardholder for any credit card being used to pay for the Goods, the Supplier shall be entitled to reasonably assume that the Client has received permission from the cardholder for use of the credit card for the transaction.
• The Supplier reserves the right to terminate the Client’s order in the event that the Supplier learns that the Client has provided false or misleading information, interfered with other users or the administration of the Supplier’s Services, or violated these terms and conditions.

8. Product Specifications

• The Client acknowledges that:
  • (a) all descriptive specifications, illustrations, drawings, data, dimensions, ratings and weights stated in the Supplier’s or the manufacturer’s fact sheets, price lists or advertising material, are approximate only and are given by way of identification only. The Client shall not be entitled to rely on such information, and any use of such does not constitute a sale by description, and does not form part of the Contract, unless expressly stated as such in writing by the Supplier;
  • (b) while the Supplier may have provided information or figures to the Client regarding the performance of the Goods, the Client acknowledges that the Supplier has given these in good faith, and are estimates based on industry prescribed estimates.
• The Client shall be responsible for ensuring that the Goods ordered are suitable for their intended use.

9. Risk

• (1) Risk of damage to or loss of the Goods passes to the Client on Delivery and the Client must insure the Goods on or before Delivery.
• (2) If any of the Goods are damaged or destroyed following Delivery but prior to ownership passing to the Client, the Supplier is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by the Supplier is sufficient evidence of the Supplier’s rights to receive the insurance proceeds without the need for any person dealing with the Supplier to make further enquiries.
• (3) If the Client requests the Supplier to leave Goods outside the Supplier’s premises for collection or to deliver the Goods to an unattended location then such Goods shall be left at the Client’s sole risk.

10. Compliance with Laws

The Supplier shall comply with the provisions of all statutes, regulations and bylaws of government, local and other public authorities to ensure that all Goods supplied are compliant and meet all applicable safety regulations and standards.

11. Title

• (1) The Supplier and the Client agree that ownership of the Goods shall not pass until:
  • (a) the Client has paid the Supplier all amounts owing to the Supplier; and
  • (b) the Client has met all of its other obligations to the Supplier.
• (2) Receipt by the Supplier of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.
• (3) It is further agreed that until ownership of the Goods passes to the Client in accordance with clause 11.1 :
  • (a) the Client is only a bailee of the Goods and must return the Goods to the Supplier on request;
  • (b) the Client holds the benefit of the Client’s insurance of the Goods on trust for the Supplier and must pay to the Supplier the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed;
  • (c) the Client must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Client sells, disposes or parts with possession of the Goods then the Client must hold the proceeds of any such act on trust for the Supplier and must pay or deliver the proceeds to the Supplier on demand;
  • (d) the Client should not convert or process the Goods or intermix them with other goods but if the Client does so then the Client holds the resulting product on trust for the benefit of the Supplier and must sell, dispose of or return the resulting product to the Supplier as it so directs;
  • (e) the Client irrevocably authorises the Supplier to enter any premises where the Supplier believes the Goods are kept and recover possession of the Goods;
  • (f) the Supplier may recover possession of any Goods in transit whether or not Delivery has occurred;
  • (g) the Client shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of the Supplier; and
  • (h) the Supplier may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Client.

12. Personal Property Securities Act 1999 (“PPSA”)

• (1) Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that:
  • (a) these terms and conditions constitute a security agreement for the purposes of the PPSA; and
  • (b) a security interest is taken in all Goods and/or collateral (account) – being a monetary obligation of the Client to the Supplier for Services – that have previously been supplied and that will be supplied in the future by the Supplier to the Client.
• (2) The Client undertakes to:
  • (a) sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which the Supplier may reasonably require to register a financing statement or financing change statement on the Personal Property Securities Register;
  • (b) indemnify, and upon demand reimburse, the Supplier for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register or releasing any Goods charged thereby;
  • (c) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods and/or collateral (account) in favour of a third party without the prior written consent of the Supplier; and
  • (d) immediately advise the Supplier of any material change in its business practices of selling the Goods which would result in a change in the nature of proceeds derived from such sales.
• (3) The Supplier and the Client agree that nothing in sections 114(1)(a), 133 and 134 of the PPSA shall apply to these terms and conditions.
• (4) The Client waives its rights as a debtor under sections 116, 120(2), 121, 125, 126, 127, 129, and 131 of the PPSA.
• (5) Unless otherwise agreed to in writing by the Supplier, the Client waives its right to receive a verification statement in accordance with section 148 of the PPSA.
• (6) The Client shall unconditionally ratify any actions taken by the Supplier under clauses 12.1 to 12.5.
• (7) Subject to any express provisions to the contrary (including those contained in this clause 12), nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.

13. Security and Charge

• (1) In consideration of the Supplier agreeing to supply the Goods, the Client charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Client either now or in the future, to secure the performance by the Client of its obligations under these terms and conditions (including, but not limited to, the payment of any money).
• (2) The Client indemnifies the Supplier from and against all the Supplier’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising the Supplier’s rights under this clause.
• (3) The Client irrevocably appoints the Supplier and each director of the Supplier as the Client’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 13 including, but not limited to, signing any document on the Client’s behalf.

14. Defects

• (1) The Client shall inspect the Goods on Delivery and shall within seven (7) days of Delivery (time being of the essence) notify the Supplier of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Client shall afford the Supplier an opportunity to inspect the Goods within a reasonable time following Delivery if the Client believes the Goods are defective in any way. If the Client shall fail to comply with these provisions the Goods shall be presumed to be free from any defect or damage. For defective Goods, which the Supplier has agreed in writing that the Client is entitled to reject, the Supplier’s liability is limited to either (at the Supplier’s discretion) replacing the Goods or repairing the Goods.
• (2) Goods will not be accepted for return other than in accordance with 14.1 above, and provided that:
  • (a) the Supplier has agreed in writing to accept the return of the Goods; and
  • (b) the Goods are returned at the Client’s cost within thirty (30) days of the Delivery date otherwise clause 14.3 may apply; and
  • (c) the Supplier will not be liable for Goods which have not been stored or used in a proper manner; and
  • (d) the Goods are returned in the condition in which they were delivered and with all packaging material, brochures and instruction material in as new condition as is reasonably possible in the circumstances.
• (3) The Supplier may (in its discretion) accept the return of Goods for credit but this may incur a handling fee of fifteen percent (15%) of the value of the returned Goods plus any freight.
• (4) Non-stocklist items or Goods made to the Client’s specifications are under no circumstances acceptable for credit or return.

15. Warranty

For Goods not manufactured by the Supplier, the warranty shall be the current warranty provided by the manufacturer of the Goods. The Supplier shall not be bound by nor be responsible for any term, condition, representation or warranty other than that which is given by the manufacturer of the Goods.

16. Consumer Guarantees Act 1993

If the Client is acquiring Goods for the purposes of a trade or business, the Client acknowledges that the provisions of the Consumer Guarantees Act 1993 do not apply to the supply of Goods by the Supplier to the Client.

17. Intellectual Property

• (1) Where the Supplier has designed, drawn or developed Goods for the Client, then the copyright in any designs and drawings and documents shall remain the property of the Supplier. Under no circumstances may such designs, drawings and documents be used without the express written approval of the Supplier.
• (2) The Client warrants that all designs, specifications or instructions given to the Supplier will not cause the Supplier to infringe any patent, registered design or trademark in the execution of the Client’s order and the Client agrees to indemnify the Supplier against any action taken by a third party against the Supplier in respect of any such infringement.
• (3) The Client agrees that the Supplier may (at no cost) use for the purposes of marketing or entry into any competition, any documents, designs, drawings or Goods which the Supplier has created for the Client.

18. Default and Consequences of Default

• (1) Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the Supplier’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
• (2) If the Client owes the Supplier any money the Client shall indemnify the Supplier from and against all costs and disbursements incurred by the Supplier in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the Supplier’s collection agency costs, and bank dishonour fees).
• (3) Further to any other rights or remedies the Supplier may have under this Contract, if a Client has made payment to the Supplier, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier under this clause 18 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract.
• (4) Without prejudice to the Supplier’s other remedies at law the Supplier shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the Supplier shall, whether or not due for payment, become immediately payable if:
  • (a) any money payable to the Supplier becomes overdue, or in the Supplier’s opinion the Client will be unable to make a payment when it falls due;
  • (b) the Client has exceeded any applicable credit limit provided by the Supplier;
  • (c) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
  • (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

19. Cancellation

• (1) Without prejudice to any other remedies the Supplier may have, if at any time the Client is in breach of any obligation (including those relating to payment) under these terms and conditions the Supplier may suspend or terminate the supply of Goods to the Client. The Supplier will not be liable to the Client for any loss or damage the Client suffers because the Supplier has exercised its rights under this clause.
• (2) The Supplier may cancel any contract to which these terms and conditions apply or cancel Delivery of Goods at any time before the Goods are delivered by giving written notice to the Client. On giving such notice the Supplier shall repay to the Client any money paid by the Client for the Goods. The Supplier shall not be liable for any loss or damage whatsoever arising from such cancellation.
• (3) In the event that the Client cancels Delivery of Goods the Client shall be liable for any and all loss incurred (whether direct or indirect) by the Supplier as a direct result of the cancellation (including, but not limited to, any loss of profits).
• (4) Cancellation of orders for Goods made to the Client’s specifications, or for non-stocklist items, will definitely not be accepted once production has commenced, or an order has been placed.

20. Privacy Policy

• (1) All emails, documents, images or other recorded information held or used by the Supplier is Personal Information as defined and referred to in clause 20.3 and therefore considered confidential. The Supplier acknowledges its obligation in relation to the handling, use, disclosure and processing of Personal Information pursuant to the Privacy Act 1993 (“the Act”) including Part II of the OECD Guidelines and as set out in Schedule 5A of the Act and any statutory requirements where relevant in a European Economic Area “EEA” under the EU Data Privacy Laws (including the General Data Protection Regulation “GDPR”) (collectively, “EU Data Privacy Laws”). The Supplier acknowledges that in the event it becomes aware of any data breaches and/or disclosure of the Client’s Personal Information, held by the Supplier that may result in serious harm to the Client, the Supplier will notify the Client in accordance with the Act and/or the GDPR. Any release of such personal information must be in accordance with the Act and the GDPR (where relevant) and must be approved by the Client by written consent, unless subject to an operation of law.
• (2) Notwithstanding clause 20.1 , privacy limitations will extend to the Supplier in respect of Cookies where the Client utilises the Supplier’s website to make enquiries. The Supplier agrees to display reference to such Cookies and/or similar tracking technologies, such as pixels and web beacons (if applicable), such technology allows the collection of Personal Information such as the Client’s:
  • (a) IP address, browser, email client type and other similar details;
  • (b) tracking website usage and traffic; and
  • (c) reports are available to the Supplier when the Supplier sends an email to the Client, so the Supplier may collect and review that information (“collectively Personal Information”) If the Client consents to the Supplier’s use of Cookies on the Supplier’s website and later wishes to withdraw that consent, the Client may manage and control the Supplier’s privacy controls via the Client’s web browser, including removing Cookies by deleting them from the browser history when exiting the site.
• (3) The Client authorises the Supplier or the Supplier’s agent to:
  • (a) access, collect, retain and use any information about the Client;
    • (i) (including, name, address, D.O.B, occupation, driver’s license details, electronic contact (email, Facebook or Twitter details), medical insurance details or next of kin and other contact information (where applicable), previous credit applications, credit history or any overdue fines balance information held by the Ministry of Justice) for the purpose of assessing the Client’s creditworthiness; or
    • (ii) for the purpose of marketing products and services to the Client.
  • (b) disclose information about the Client, whether collected by the Supplier from the Client directly or obtained by the Supplier from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or notifying a default by the Client.
• (4) Where the Client is an individual the authorities under clause 20.3 are authorities or consents for the purposes of the Privacy Act 1993.
• (5) The Client shall have the right to request (by e-mail) from the Supplier, a copy of the Personal Information about the Client retained by the Supplier and the right to request that the Supplier correct any incorrect Personal Information.
• (6) The Supplier will destroy Personal Information upon the Client’s request (by e-mail) or if it is no longer required unless it is required in order to fulfil the obligations of this Contract or is required to be maintained and/or stored in accordance with the law.
• (7) The Client can make a privacy complaint by contacting the Supplier via e-mail. The Supplier will respond to that complaint within seven (7) days of receipt and will take all reasonable steps to make a decision as to the complaint within twenty (20) days of receipt of the complaint. In the event that the Client is not satisfied with the resolution provided, the Client can make a complaint to the Information Commissioner at http://www.privacy.org.nz/comply/comptop.html.

21. Service of Notices

• (1) Any written notice given under this Contract shall be deemed to have been given and received:
  • (a) by handing the notice to the other party, in person;
  • (b) by leaving it at the address of the other party as stated in this Contract;
  • (c) by sending it by registered post to the address of the other party as stated in this Contract;
  • (d) if sent by facsimile transmission to the fax number of the other party as stated in this Contract (if any), on receipt of confirmation of the transmission;
  • (e) if sent by email to the other party’s last known email address.
• (2) Any notice that is posted shall be deemed to have been served, unless the contrary is shown, at the time when by the ordinary course of post, the notice would have been delivered.

22. Trusts

• (1) If the Client at any time upon or subsequent to entering into the Contract is acting in the capacity of trustee of any trust (“Trust”) then whether or not the Supplier may have notice of the Trust, the Client covenants with the Supplier as follows:
  • (a) the Contract extends to all rights of indemnity which the Client now or subsequently may have against the Trust and the trust fund;
  • (b) the Client has full and complete power and authority under the Trust to enter into the Contract and the provisions of the Trust do not purport to exclude or take away the right of indemnity of the Client against the Trust or the trust fund. The Client will not release the right of indemnity or commit any breach of trust or be a party to any other action which might prejudice that right of indemnity;
  • (c) the Client will not without consent in writing of the Supplier (the Supplier will not unreasonably withhold consent), cause, permit, or suffer to happen any of the following events:
    • (i) the removal, replacement or retirement of the Client as trustee of the Trust;
    • (ii) any alteration to or variation of the terms of the Trust;
    • (iii) any advancement or distribution of capital of the Trust; or
    • (iv) any resettlement of the trust property.

23. General

• (1) The failure by either 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.
• (2) These terms and conditions and any contract to which they apply shall be governed by the laws of New Zealand and are subject to the jurisdiction of the Christchurch Courts, New Zealand.
• (3) The Supplier shall be under no liability whatsoever to the Client for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by the Supplier of these terms and conditions (alternatively the Supplier’s liability shall be limited to damages which under no circumstances shall exceed the Price of the Goods).
• (4) The Supplier may licence and/or assign all or any part of its rights and/or obligations under this Contract without the Client’s consent.
• (5) The Client cannot licence or assign without the written approval of the Supplier.
• (6) The Supplier may elect to subcontract out any part of the Services but shall not be relieved from any liability or obligation under this Contract by so doing. Furthermore, the Client agrees and understands that they have no authority to give any instruction to any of the Supplier’s sub-contractors without the authority of the Supplier.
• (7) The Client agrees that the Supplier may amend their general terms and conditions for subsequent future contracts with the Client by disclosing such to the Client in writing. These changes shall be deemed to take effect from the date on which the Client accepts such changes, or otherwise at such time as the Client makes a further request for the Supplier to provide Goods to the Client.
• (8) 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.
• (9) Both parties warrant that they have the power to enter into this Contract and have obtained all necessary authorisations to allow them to do so, they are not insolvent and that this Contract creates binding and valid legal obligations on them.

Introduction

With the passing of the Privacy Act 1993, the government introduced legislation to protect personal information about individuals. Privacy Act 1993 (“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 of 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 European Union “EU”. While the GDPR and the NZPP share some similarities, Transquip 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.

Compliance and Reporting

To assist with this compliance, Transquip 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 Transquip 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 Transquip’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 1993 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. Transquip shall abide by the following NZPP’s at all times:

1. Purpose of collection of personal information
2. Source of personal information
3. Collection of personal information from subject
4. Manner of collection of personal information
5. Storage and security of personal information
6. Access to personal information
7. Correction of personal information
8. Accuracy of personal information
9. Retention of personal information
10. Limits on use of personal information
11. Limits on disclosure of personal information
12. Use of unique identifiers

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 that an individual’s bank number, IRD number, driver's license number, passport number etc cannot be used to identify an individual.

Further information regarding the NZPP’s can be obtained from the office of the Privacy Commissioner athttp://www.privacy.org.nz/comply/comptop.html. A full copy of the Privacy Principles is attached as Appendix B.

A copy of the NZPP’s as produced by the Office of the Privacy Commissioner is attached as Appendix B. 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, Transquip’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, Transquip has updated the way they use and collect personal data from residents in the EU. This involves, identifying Transquip’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 Transquip’s website has been activated to ensure Transquip’s clients have adequate protection in providing consent to Transquip withholding their personal data.

Types Of Personal Information That Is Collected, Used, Processed & Held

Transquip 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 Transquip to clients. This information collected will be done so in the course of business where the client is a customer of Transquip or when the client acts as a guarantor for another person or company that is a client of Transquip. Transquip 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;

1. Full name
2. Address
3. Date of birth
4. Credit references if applicable
5. Publically available information which relate to the clients activities in New Zealand
6. Any information recorded in the New Zealand Insolvency Trustee Service Register
7. The client acknowledges that provided the correct Privacy Act disclosures have been made that Transquip may conduct a credit report on the client for the purposes of evaluating the credit worthiness of the client.
8. Driver’s license details
9. Medical insurance details (if applicable)
10. Electronic contact details including email, Facebook and Twitter details
11. Next of kin and other contact information where applicable

Transquip ensures that all personal information is held in a secure manner. Where applicable and to the best of Transquip’s knowledge all computers or servers have the required security protections in place to safeguard and protect any personal information that is held by Transquip.

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 Transquip’s services, we will ask you to consent to our use of cookies when you first visit our website.

In the event that you utilize our website for the purpose of purchases/orders, Transquip agrees to display reference to cookies and /or similar tracking technologies, such as pixels and web beacons (if applicable), and requests consent for Transquip collecting your personal information which may include:

• IP address, browser, email client type and other similar details;
• Tracking website usage and traffic; and
• Reports are available to Transquip when Transquip sends an email to the client, so Transquip may collect and review that information.

If you consent to Transquip’s use of cookies on our website and later wish to withdraw your consent, you may manage and control Transquip’s privacy controls through your browser, including removing cookies by deleting them from your browser history when you leave the site.

Transquip 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 Transquip 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, Transquip acknowledges that any potential data breaches will be safeguarded by the provisions of the GDPR.

Transquip 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;

1. Credit applications forms
2. Work authorisation forms, quote forms or any other business documentation
3. Publically available databases that hold information
4. Websites that detail information such as Sensis, Facebook, Google etc
5. By verbally asking you for information as part of normal business practices

Where relevant to data processing as per the GDPR, and in particular where Transquip 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 on the protection impact assessment. The data protection assessment will be required in instances whereby:

• a systematic and extensive evaluation of personal aspects relating to natural persons which is based on automated processing, including profiling, and on which decisions are based that produce legal effects concerning the natural person or similarly significantly affect the natural person;
• processing on a large scale of special categories of data referred to in Article 9(1) of the GDPR, or of personal data relating to criminal convictions and offences referred to in Article 10 of the GDPR; or
• a systematic monitoring of a publicly accessible area on a large scale.

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 Transquip and agreeing to Transquip’s Terms and Conditions of Trade, which comprises of Transquip’s privacy statement 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 do not wish to agree or consent to any of the above use, processing collection and disclosure, then Transquip 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
Transquip
PO Box 16087
Hornby
CHRISTCHURCH 8441
admin@transquip.co.nz
(03) 344 3131

Transquip will ensure that any Information that is to be obtained from you is done so using Transquip’s prescribed forms which;

Authorise Transquip:

• To collect personal information; and
• Inform the individual what personal information is being collected; and
• Inform the individual why (the purpose) the personal information is being collected; and
• Inform the individual why & when personal information will be disclosed to 3rd parties.

It is the responsibility of Transquip 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

Transquip will not pass on your personal information to third parties without first obtaining your consent.

In accordance with the Act, and relevantly the GDPR, Personal Information can only be used by Transquip for the following purposes:

1. Access a credit reporter’s database for the following purposes:
   • To assess your application for a credit account; or
   • To assess your ongoing credit facility; or
   • To notify a credit reporter of a default by you; or
   • To update your details listed on a credit reporter’s database;
2. Check trade references noted on the prescribed form for the following purposes:
   • To assess your application for a credit account; or
   • To assess your ongoing credit facility; or
   • To notify a default.
3. Market Transquip’s products and services.
4. Any other day to day business purposes such as complying with IRD requirements, managing accounting returns or legal matters.

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.

Transquip will only gather information for its particular purpose (primary purpose). In accordance with the Act, and relevantly the GDPR Transquip 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 Transquip a copy of all the information about you that is retained by Transquip. You also have the right to request (by telephone and/or by e-mail) that Transquip 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
Transquip
PO Box 16087
Hornby
CHRISTCHURCH 8441
admin@transquip.co.nz
(03) 344 3131

Transquip 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 to fulfil the purpose of Transquip 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 Transquip’s internal dispute resolution team (‘IDR’) regarding an interference with and/or misuse of your personal information by contacting Transquip via telephone or e-mail.

Any complaints should be directed to the following contact details in the first instance;

The Privacy Officer
Transquip
PO Box 16087
Hornby
CHRISTCHURCH 8441
admin@transquip.co.nz
(03) 344 3131

In your communication you should detail to Transquip the nature of your complaint and how you would like Transquip 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 CRB 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 athttp://www.privacy.org.nz/comply/comptop.html.

Will Personal Information Be Disclosed To Overseas Recipients

Transquip does not disclose information about the client to third party overseas recipients unless the client has provided its consent. Transquip will notify you if circumstances change regarding overseas disclosure and will comply with the Act and the GDPR in all respects.

Unless otherwise agreed, Transquip 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 Transquip 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 Transquip. It will be made available (where applicable) on Transquip’s website.

This manual will also be available upon request at Transquip’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
Transquip
PO Box 16087
Hornby
CHRISTCHURCH 8441
admin@transquip.co.nz
(03) 344 3131

Privacy Officer (Responsibilities)

Transquip has appointed an internal Privacy Officer to manage its privacy matters. The name of this officer is available by making contact with Transquip. 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 Transquip needs to know in order to comply with the Privacy Act.

If a person complains to the Privacy Commissioner that Transquip 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:

1. Take ownership of the complaint and ensure that it is dealt with in a timely manner.
2. Acknowledge receipt of the complaint within 24 hours and advise the complainant of their rights.
3. Fully investigate the complaint.
4. Respond, with findings, to the complainant within 30 days of receipt.
5. Keep a record of all complaints received for ongoing review of policies and procedures.

In the event that a complaint about privacy issues is received via a credit reporter the Privacy Officer will:

1. Take ownership of the complaint and ensure that it is dealt with in a timely manner.
2. Acknowledge receipt of the complaint to the credit reporter within 24 hours (see attached Appendix A).
3. Fully investigate the complaint.
4. Respond, with findings, to the credit reporter within 7 days of receipt.
5. Keep a record of all complaints received for ongoing review of policies and procedures.

Other

The Privacy Officer shall ensure that Transquip’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 1993. 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 athttp://www.privacy.org.nzand the Privacy Act athttp://www.legislation.govt.nz/browse_vw.asp?content-set=pal_localprivate. 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.

Transquip
PO Box 16087
Hornby
CHRISTCHURCH
Ph (03) 344 3131

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. (section 7 of the Privacy Act 1993).

PRINCIPLE 1

Purpose of collection of personal information

1. The information is collected for a lawful purpose connected with a function or activity of the agency; and
2. The collection of the information is necessary for that purpose.

PRINCIPLE 2

Source of personal information

1. Where an agency collects personal information, the agency shall collect the information directly from the individual concerned.
2. It is not necessary for an agency to comply with sub clause (1) of this principle if the agency believes, on reasonable grounds,-
   1. That the information is publicly available information; or
   2. That the individual concerned authorises collection of the information from someone else; or
   3. That non-compliance would not prejudice the interests of the individual concerned; or
   4. That non-compliance is necessary -
      1. To avoid prejudice to the maintenance of the law by any public sector agency, including the prevention, detection, investigation, prosecution, and punishment of offences; or
      2. For the enforcement of a law imposing a pecuniary penalty; or
      3. For the protection of the public revenue; or
      4. For the conduct of proceedings before any court or Tribunal (being proceedings that have been commenced or are reasonably in contemplation); or
   5. That compliance would prejudice the purposes of the collection; or
   6. That compliance is not reasonably practicable in the circumstances of the particular case: or
   7. That the information-
      1. Will not be used in a form in which the individual concerned is identified; or
      2. Will be used for statistical or research purposes and will not be published in a form that could reasonably be expected to identify the individual concerned; or
   8. That the collection of the information is in accordance with an authority granted under section 54 of this Act.

PRINCIPLE 3

Collection of information from subject

1. Where an agency collects personal information directly from the individual concerned, the agency shall take such steps (if any) as are, in the circumstances, reasonable to ensure that the individual concerned is aware of -
   1. The fact that the information is being collected; and
   2. The purpose for which the information is being collected; and
   3. The intended recipients of the information; and
   4. The name and address of -
      1. The agency that is collecting the information; and
      2. The agency that will hold the information;
   5. If the collection of the information is authorised or required by or under law -
      1. The particular law by or under which the collection of the information is so authorised or required; and
      2. Whether or not the supply of the information by that individual is voluntary or mandatory; and
   6. The consequences (if any) for that individual if all or any part of the requested information is not provided; and
   7. The rights of access to, and correction of, personal information provided by these principles.
2. The steps referred to in sub clause (1) of this principle shall be taken before the information is collected or, if that is not practicable, as soon as practicable after the information is collected.
3. An agency is not required to take the steps referred to in sub clause (1) of this principle in relation to the collection of information from an individual if that agency has taken those steps in relation to the collection, from that individual, of the same information or information of the same kind, on a recent previous occasion.
4. It is not necessary for an agency to comply with sub clause (1) of this principle if the agency believes, on reasonable grounds -
   1. That non-compliance is authorised by the individual concerned; or
   2. That non-compliance would not prejudice the interests of the individual concerned; or
   3. That non-compliance is necessary -
      1. To avoid prejudice to the maintenance of the law by any public sector agency, including the prevention, detection, investigation, prosecution, and punishment -of offences; or
      2. For the enforcement of a law imposing a pecuniary penalty; or
      3. For the protection of the public revenue; or
      4. For the conduct of proceedings before any court or Tribunal being proceedings that have been commenced or are reasonably in contemplation); or
   4. That compliance would prejudice the purposes of the collection; or
   5. That compliance is not reasonably practicable in the circumstances of the particular case; or
   6. That the information -
      1. Will not be used in a form in which the individual concerned is identified; or
      2. Will be used for statistical or research purposes and will not be published in a form that could reasonably be expected to identify the individual concerned.

PRINCIPLE 4

Manner of collection of personal information

Personal information shall not be collected by an agency-

1. By unlawful means; or
2. By means that, in the circumstances of the case, -
   1. Are unfair; or
   2. Intrude to an unreasonable extent upon the personal affairs of the individual concerned.

PRINCIPLE 5

Storage and security of personal information

An agency that holds personal information shall ensure -

1. That the information is protected, by such security safeguards as it is reasonable in the circumstances to take, against -
   1. Loss; and
   2. Access, use, modification or disclosure, except with the authority of the agency that holds the information; and
   3. Other misuse; and
2. That if it is necessary for the information to be given to a person in connection with the provision of a service to the agency, everything reasonably within the power of the agency is done to prevent unauthorised use or unauthorised disclosure of the information.

PRINCIPLE 6

Access to personal information

1. Where an agency holds personal information in such a way that it can be readily be retrieved, the individual concerned shall be entitled -
   1. To obtain from the agency confirmation of whether or not the agency holds such personal information; and
   2. To have access to that information.
2. Where, in accordance with sub clause (1)(b) of this principle, an individual is given access to personal information, the individual shall be advised that, under principle 7, the individual may request the correction of that information.
3. The application of this principle is subject to the provisions of Parts IV and V of this Act.

PRINCIPLE 7

Correction of personal information

1. Where an agency holds personal information, the individual concerned shall be entitled
   1. To request correction of the information; and
   2. To request that there be attached to the information a statement of the correction sought but not made.
2. An agency that holds personal information shall, if so requested by the individual concerned or on its own initiative, take such steps (if any) to correct that information as are, in the circumstances, reasonable to ensure that, having regard to the purposes for which the information may lawfully be used, the information is accurate, up to date, complete, and not misleading.
3. Where an agency that holds personal information is not willing to correct that information in accordance with a request by the individual concerned, the agency shall, if so requested by the individual concerned, take such steps (if any) as are reasonable in the circumstances to attach to the information, in such a manner that it will always be read with the information, any statement provided by that individual of the correction sought.
4. Where the agency has taken steps under sub clause (2) or sub clause (3) of this principle, the agency shall, if reasonably practicable, inform each person or body or agency to whom the personal information has been disclosed of these steps.
5. Where an agency receives a request made pursuant to sub clause (1) of this principle, the agency shall inform the individual concerned of the action taken as a result of the request.

PRINCIPLE 8

Accuracy, etc., of personal information to be checked before use

An agency that holds information shall not use that information without taking such steps (if any) as are, in the circumstances, reasonable to ensure that, having regard to the purpose for which the information is proposed to be used, 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 shall 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

An agency that holds personal information that was obtained in connection with one purpose shall not use the information for any other purpose unless the agency believes, on reasonable grounds:-

1. That the source of the information is a publicly available publication; or
2. That the use of the information for that other purpose is authorised by the individual concerned; or
3. That non-compliance is necessary -
   1. To avoid prejudice to the maintenance of the law by any public sector agency, including the prevention, detection, investigation, prosecution, and punishment of offences; or
   2. For the enforcement of a law imposing a pecuniary penalty; or
   3. For the protection of the public revenue; or
   4. For the conduct of proceedings before any Court or Tribunal (being proceedings that have been commenced or are reasonably in contemplation); or
4. That the use of the information for that other purpose is necessary to prevent or lessen a serious and imminent threat to-
   1. Public health or public safety; or
   2. The life or health of the individual concerned or another individual; or
5. That the purpose for which the information is used directly related to the purpose in connection with which the information was obtained; or
6. That the information-
   1. Is used in a form in which the individual concerned is not identified; or
   2. Is used for statistical or research purposes and will not be published in a form that could reasonably be expected to identify the individual concerned or;
7. That the use of the information is in accordance with an authority granted under section 54 of this Act.

PRINCIPLE 11

Limits on disclosure of personal information

An agency that holds personal information shall not disclose the information to a person or body or agency unless the agency believes, on reasonable grounds -

1. That the disclosure of the information is one of the purposes in connection with which the information was obtained or is directly related to the purposes in connection with which the information was obtained; or
2. That the source of the information is a publicly available publication; or
3. That the disclosure is to the individual concerned; or
4. That the disclosure is authorised by the individual concerned; or
5. That non-compliance is necessary –
   1. To avoid prejudice to the maintenance of the law by any public sector agency, including the prevention, investigation, prosecution, and punishment of offences; or
   2. For the enforcement of the law imposing a pecuniary penalty; or
   3. For the protection of the public revenue; or
   4. For the conduct of proceedings before any court or Tribunal (being proceedings that have been commenced or are reasonably in contemplation); or
6. That the disclosure of the information is necessary to prevent or lessen a serious and imminent threat to -
   1. Public health or public safety; or
   2. The life or health of the individual concerned or another individual; or
7. That the disclosure of the information is necessary to facilitate the sale or other disposition of a business as a going concern; or
8. That the information -
   1. Is to be used in a form in which the individual concerned is not identified; or
   2. Is to be used for statistical or research purposes and will not be published in a form that could reasonably be expected to identify the individual concerned; or
9. That the disclosure of the information is in accordance with an authority granted under section 54 of this Act.

PRINCIPLE 12

Unique identifiers

1. An agency shall not assign a unique identifier to an individual unless the assignment of that identifier is necessary to enable the agency to carry out any one or more of its functions efficiently.
2. An agency shall not assign to an individual a unique identifier that, to that agency's knowledge, has been assigned to that individual by another agency, unless those two agencies are associated persons within the meaning of section 8 of the Income Tax Act 1976.
3. An agency that assigns unique identifiers to individuals shall take all reasonable steps to ensure that unique identifiers are assigned only to individuals whose identity is clearly established.
4. An agency shall not require an individual to disclose any unique identifier assigned to that individual unless the disclosure is for one of the purposes in connection with which that unique identifier was assigned or for a purpose that is directly related to one of the of those purposes.