Privacy Policy

We comply with the New Zealand Privacy Act 2020 (“the Act”) when dealing with personal information. Personal information is information about an identifiable individual (a natural person).

This policy sets out how we will collect, use, disclose and protect your personal information in relation to all goods and services (“the Products”) provided to you by or through us via this website smartbuild.co.nz its links, network or referrals (“the Site”), and forms part of our Terms and Conditions of use. Our privacy policy does not limit or exclude any of your rights under the Act. If you wish to seek further information on the Act, see www.privacy.org.nz

In this policy the following words have the meanings defined below and where limited by the context in which they are used, are to be interpreted as broadly as possible in our favour:

  • “us”, “we”, “our” or “the Company” refers to Smart Build Limited, its successors, assigns and its associated companies, subsidiaries, affiliates, representatives, agents, and partners and includes its directors, employees, agents, licensees, invitees, contractors and all other persons under its control or direction.
  • “you” or “your” refers to you the user of the website or the Products. You must be 18 or over and legally competent to enter into a contract failing which you must have the consent of a parent or guardian to use the Site and/or Products;
  • “Material” or “Materials” means all or any part of the Site, associated software, links information, templates, opinions, blogs, get up, advertising, promotional information, activity, or anything contained, posted or otherwise available via the Site or concerning the Products, the Products themselves, their get up, composition, labelling and packaging.

Changes to this policy

We may change this policy by uploading a revised policy onto our website. The changes will apply from the date the revised policy is uploaded.

Who do we collect your personal information from

We may collect personal information about you from:

  • You, when you provide that personal information to us, including via the website and any related service, through any registration or subscription process, or through any contact with us such as call or email.
  • Third parties (for example other users, related organisations and support services) where you have authorised those third parties to share your information with Smart Build Limited. It is also possible that other users may provide personal information about you. However, we collect personal information from you directly where possible.

What kind of information do we collect

The type of information we require in order to be able to provide the Materials to you includes the following and which might be obtained from you and others as set out above. This information includes:

  • Your name, contact details, business information and other such personal information;
  • Information about your use of the Materials;
  • The IP address of your machine when connecting to the Site;
  • The domain name from which you are accessing the Internet;
  • The operating system and browser your computer system uses;
  • Any search engine you are using;
  • The date and time of your visit and the pages that you view;
  • Information associated with your payment for the materials; and
  • Any information we are required by law to collect as part of providing our products

You may decide not to provide the information we require and you can notify us that you do not want us to use your information. In that event we may not allow you to use/obtain/access the Materials (including obtaining the Products) or to register as an account holder.

How will we use your personal information

We will use your personal information:

  • To provide the Materials and related services to you and related users of the Materials, such as other users working on the same project, the administrator and/or initiator of a project, and relevant local authorities.
  • To contact you in relation to offering or providing the Materials to you, including electronically (e.g. by text or email for this purpose).
  • To respond to communications from you, including a complaint.
  • To protect and/or enforce our legal rights and interests, including defending any claim.
  • To improve the services and the Materials that we provide to you.
  • To create statistical data regarding the market for the Materials and other trends;
  • To market the Materials;
  • To attract advertising for funding the Site and provision of the Materials;
  • We may use the information we collect and hold about you and may exchange information about you including for our benefit with ISP’s and other telecommunications providers, law enforcement agencies or other regulatory bodies, third party marketing, credit reporting and debt collection agencies without regard to any harm or consequences it might have for you and you agree not to take any action of any kind against us based directly or indirectly on such co-operation.
  • For any other purpose authorised by you or the Act.

Disclosing your personal information

We may disclose your personal information to:

  • Related users of the Materials, such as other users working on the same project, the administrator and/or initiator of a project, and relevant local authorities.
  • Any business that supports our services including any person that hosts or maintains any underlying IT system or data centre that we use to provide the website, the Materials or other services and products including to store data
  • A person who can require us to supply your personal information (e.g. a regulatory authority).
  • Any foreign person or entity authorised by the Act or by you.
  • Any other person authorised by the Act or another law (e.g. a law enforcement agency).Any other person authorised by you.

We will comply with all requests for personal information from regulatory authorities.

Please note that where your information is shared with other users (for example where there are multiple users on one project) some information about you and relating to the Materials may still be available to other users after your account is deactivated in the manner set out in the Terms and Conditions.

How long will we keep your personal information for

We will store user information and information relating to the Materials for at least 10 years.

After that, we will securely dispose of your information where it is no longer required for the purposes for which it was collected, or as otherwise required by law.

Protecting your personal information

We will take any reasonable steps to keep your personal information safe from loss, unauthorised activity, or other misuse.

Accessing and correcting your personal information

Subject to certain grounds for refusal set out in the Act, you have the right to access your readily retrievable personal information held by us and to request either deletion of or a correction to your personal information. You can also request that we erase information held about you and can unsubscribe at any time to emails and information sent to you by us.

Before you exercise any of these rights, we may require evidence to confirm that you are the individual to whom the personal information relates.

We are also entitled to charge you for the cost of complying with such a request.

If you wish to contact us in connection with privacy, please email us at info@smartbuild.co.nz

Notifiable privacy breaches

If a privacy breach involving your personal information occurs that we believe has caused (or is likely to cause) serious harm, we will notify you and the Office of the Privacy Commissioner.

Internet use

While we will take reasonable steps to maintain secure internet connections, the provision of personal information over the internet is at your own risk.

If you post your personal information on any public forum run by us, (for example a message board/ chat room/ blog comments and including social media), you acknowledge and agree that the information you post is publicly available. If you follow a link on our website to another site, the owner of that site will have its own privacy policy relating to your personal information. We suggest you review that site’s privacy policy before you provide personal information.

We use cookies (an alphanumeric identifier that we transfer to your computer’s hard drive so that we can recognise your browser) to monitor your use of the website. You may disable cookies by changing the settings on your browser, although this may mean that you cannot use all of the features of the website.

We will also have a record of your IP address. This is the internet address from which you accessed our website or other systems available online.

Electronic communication with us

When you contact us you may be expressly asked whether you consent to us sending emails or other communications to you electronically or physically where you have provided us with contact information.

For the purposes of the Unsolicited Electronic Messages Act 2007, if you do not reply to such a request you will be treated as having not consented to receive communications from us.

If you do consent to communication from us you may unsubscribe at any time by emailing info@smartbuild.co.nz

For the purposes of Part 4 of the Contract and Commercial Law Act 2017, unless otherwise stated, no communication from us designates an information system for the receipt of electronic communication.

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Last updated: 1st September 2021