- From time to time Stuart Tarbotton Contractors Limited, trading as Tarbotton Land and Civil, ("STCL”) may collect, use and/or disclose personal information relating to its clients, contractors, suppliers and employees in the performance of its business activities.
- This policy sets out guidelines to assist STCL and its employees comply with the requirements of the Privacy Act 1993 and the Privacy Act 2020 (together, the "Privacy Act") and the Information Privacy Principles ("IPP") in relation to the collection, storage, use and disclosure of records containing an individual’s personal information.
- This policy applies to the collection, storage, use and disclosure by STCL (or a person acting on behalf of STCL) of an individual’s personal information in New Zealand.
- Personal Information is as defined in section 7 of the Privacy Act 2020, which essentially means any information by which the individual that information concerns could reasonably be identified.
Collection of Personal Information
- STCL may collect personal information for a lawful purpose relevant to the purpose(s) for which the information is to be used and connected with a function or activity of STCL.
- Personal information will not be collected in an unreasonably intrusive way.
- A person who collects Personal Information on behalf of STCL will comply with this Policy and the requirements of the Privacy Act.
- In the event that STCL uses unique identifiers, STCL will assign a unique identifier to an individual for use in its operations only if that identifier is necessary to enable STCL to carry out one or more of its functions efficiently. In such event, STCL will take any steps that are, in the circumstances, reasonable to ensure that a unique identifier is assigned only to an individual whose identity is clearly established and that the risk of misuse of a unique identifier by any person is minimised.
Use and Disclosure of Personal Information
- STCL will not use or disclose personal information about an individual for a purpose (the secondary purpose) other than the primary purpose of collection unless:
- the use or disclosure is not inconsistent with the requirements of the Privacy Act; and
- the secondary purpose is directly related to the primary purpose of collection; or
- the individual has consented to the use or disclosure; or
- the source of the information is a publicly available publication and, in the circumstances, it would not be unfair or unreasonable to use or disclose the information; or
- the use or disclosure of the information for the secondary purpose is necessary for avoiding prejudice to the maintenance of the law by any public sector agency, the enforcement of a law imposing a pecuniary penalty, the protection of the public revenue, the conduct of proceedings (reasonably in contemplation or already commenced) before any court or tribunal, or the enabling of an intelligence and security agency to perform any of its functions; or
- the use or disclosure of the information is necessary to prevent or lessen a serious threat to public health or public safety, or the life or health of the individual concerned or another individual; or
- the use or disclosure is required or authorised by the Privacy Commissioner under section 54 of the Privacy Act 1990, section 30 of the Privacy Act 2020 or otherwise under New Zealand law.
- STCL will take reasonable steps to make sure that the personal information it collects, uses or discloses is accurate, complete and up-to-date.
- STCL will take reasonable steps to protect the personal information it holds from misuse and loss and from unauthorised access, modification or disclosure.
- STCL will take reasonable steps to destroy, or permanently de-identify, personal information (such as a job applicant's resume) if it is no longer needed.
- Where STCL holds personal information in such a way that it can readily be retrieved, the individual concerned shall be entitled to obtain from STCL confirmation of whether or not STCL holds such personal information and to have access to that information.
Access and Correction
- If STCL holds personal information about an individual, it will comply with legislative obligations to provide the individual with access to the information on request by the
- If STCL holds personal information about an individual and the individual is able to establish that the information is not accurate, complete and up-to-date, STCL will take reasonable steps to correct the information so that it is accurate, complete and up-to-date.
- STCL will provide reasons for denial of access or a refusal to correct personal information.
- Where STCL holds personal information but is unwilling to correct that information in accordance with a request by the individual concerned, STCL 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.
- STCL has, to the best of their ability, implemented generally accepted standards of technology and operational security in order to protect personal information from loss,
misuse, alteration or destruction.
- A person acting on behalf of STCL will not transfer personal information to an individual, without first establishing the identity of the recipient through the use of a personal identifier
and/or cross check.
Notifiable Privacy Breaches
- STCL will notify the Privacy Commissioner and any affected individual(s) as soon as practicable after becoming aware that a notifiable privacy breach has occurred in a manner conforming to the requirements set out in section 117 of the Privacy Act 2020, subject to any exceptions under section 116 of the Privacy Act 2020.
- In the event that it is not reasonably practicable to notify an affected individual or each member of a group of affected individuals, STCL will instead give public notice of the privacy breach. Such public notice will be given in a form in which no affected individual is identified and in accordance with any regulations made under section 215(1)(a) of the Privacy Act 2020.
Stuart Tarbotton Contractors Limited trading as TARBOTTON LAND AND CIVIL
- Reference Document: PSG-009710-46-5-V1:GWG
- Last updated: 14 September 2020