As a valued Shark Patrol Member your rights while using our services including the protection of your privacy are important to us.
We may collect information about Members (including individuals, companies and directors of companies) whenever you use one of our Services. The method of collecting this information may vary depending on which service you are using.
Under the Privacy Act 1993 (the Act), and the Credit Reporting Privacy Code 2004 (the Code) we have created the following Privacy Policy.
These terms will have the following meanings:
Credit Information has the meaning given to it in the Code.
Customer means an entity (Customer, Client, Supplier, Tenant, Employee, Contractor, Franchisee / Franchisor, Business Partners etc) with whom the Member has a &Legitimate Business Relationship& with for the purpose of exchange of goods or services for payment.
Individual has the meaning given to it in the Act.
Member means any entity or Individual that has signed a Membership Agreement whether as director of a Member, or on their own behalf.
Personal Information has the meaning given to it in the Act.
Rating System
Members can rate their experience with an entity with whom they have, or have had, a &Legitimate Business Relationship&, as Positive, Cautious or Negative.
Positive: member has no adverse experience with this entity and is happily trading with it.
Cautious: member has reason for concern about this entity. For example the entity consistently struggles to pay or disputes each and every invoice without legitimate reason to do so.
Negative: The entity has failed to meet its contractual obligations to pay its invoices on more than one occasion and the Member is no longer doing business with the entity.
Services include but are not limited to Shark Watch, Shark Check, Safe Net , and Body Guard.
Shark Patrol Limited may be referred to as Shark Patrol, we, our or us.
Site refers to the website www.sharkpatrol.co.nz
Collection of information
While you or your Company is a Member of Shark Patrol you agree that we may collect information about you and your Company.
This information may include:
(a)Personal Information, provided through voluntary registration as a Member (including without limitation your name, address, and any information relevant to the Service(s) you have subscribed);
(b)Personal Information, provided to us by you through any other method (including without limitation correspondence, discussions, or information gathered when you report a problem with one of our Services);
(c)Credit Information listed about you as a Customer by other Members;
(d)information logged by our systems such as your Internet Protocol address and the dates and times you log on and off our Site;
(e)aggregated data, which tracks traffic to the Site; and
(f)cookies, which are pieces of information transferred to your computer hard drive for record keeping.
The Personal Information collected will be held by Shark Patrol at P.O.Box 340-222 Auckland 0746 New Zealand or by such other agent as we may appoint from time to time.
Where possible we collect Personal Information directly from you. Any information collected about you from someone else will be in accordance with Principle 2(2) of the Act and Rule 2(2) of the Code.
The purpose of collecting information from you
We collect Credit Information and provide credit reporting services which help Members make credit decisions affecting their Customers in accordance with our Rating System. We take all reasonable steps to ensure the rating generated by our Rating System is accurate, relevant and not misleading; in accordance with Principle 8 of the Act.
As a Member you agree you have received written authorisation to obtain and disclose Credit Information about your Customers in accordance with the Code. When you sign up on behalf of a Member you also authorise Shark Patrol to use your Personal Information for certain purposes.
Some of the reasons for collecting Personal Information about you include:
(a)to verify your identity;
(b)to communicate with you;
(c)to retain in our archives;
(d)to meet legal requirements;
(e)to look at ways we can improve our Services and develop new Services;
(f)to provide our credit reporting Services to our Members, which will include sharing, swapping and exchanging ratings and credit reports listed about you as a Customer (if any) by other Members;
(g)to administer and enforce the Terms and Conditions and the Membership Agreement;
(h)to maintain credit records with Shark Patrol, related companies and external agencies;
(i)providing aggregate user information to third parties;
(j)to authorise and process credit card transactions which you enter into online when you purchase our Services;
(k)to investigate any complaints relating to the misuse of the Site or misconduct in relation to our Rating System or Member's conduct;
(l)to respond to queries and/or comments you have forwarded to us;
(m)to assist in providing the Services requested by you;
(n)to provide further information to you about other Services that we consider to be of interest to you;
(o)for marketing, promotional and publicity purposes, including to carry out direct marketing, market research and surveys; and
(p)for any other use authorised by you, the Act or the Code.
Any Personal Information will only be used or disclosed in ways set out in this Privacy Policy or the Act.
Disclosure
As a Member you acknowledge that Shark Patrol may disclose Customers' Credit Information to other Members only for the purpose of helping Members make credit decisions regarding Customers in accordance with our Rating System.
A summary of your rights under the Code is available here. You agree that Shark Patrol may disclose Personal and Credit Information as follows:
(a)to our related companies in accordance with Principle 11 of the Act and Rule 11 of the Code;
(b)your name, address and any information relevant to the Service(s) that you have subscribed, in accord with our Membership Agreement;
(c)aggregated user statistics (for example the number of new Members in a particular region or industry sector) and other information that does not personally identify you, to third parties such as our advertisers, customers, potential customers and partners;
(d)to third parties when we believe in good faith that we are required to do so by law, or to prevent or lessen a serious or imminent threat to public health or safety or the life or health of an individual;
(e)to our Members in connection with credit decisions or debt collection purposes providing we have your prior authorisation, which will usually be obtained at the time the information is collected from you;
(f)to third parties in connection with a corporate reorganisation, merger or amalgamation, or the sale of all or substantially all of our assets, provided that the Personal Information disclosed continues to be used for the purposes permitted by this Privacy Policy by the entity acquiring this information; and
(g)in any other way that is in accordance with the Act and the Code.
Non-personal Information
In the future we may collect Personal Information and non-personal information in a non-identifying, anonymous and aggregate form to enhance our Site design, to potentially share with advertisers and for statistical purposes. These statistics and reports will contain only aggregated and no personally identifiable information.
Consequences of non-provision of information
Failure to provide necessary Personal Information requested at the time of registration for or use of the Site may result in us not being able to register you as a Member and certain Services not being available to you.
Changes to your information
You have rights under the Act to:
(a)get confirmation from us that we hold information about you;
b)access that information, and;
(c)request correction of it.
You have similar rights under the Code, and these can be viewed in more detail here Summary of rights.
You will need to fill out an application form if you want to request correction of your information.
If you have any questions please contact us.
Retention of information
We will not hold Personal Information for longer than is required for the purposes for which the information may lawfully be used.
Data currency shall comply with Rule 9 of the Code:
Types of Credit Information Retention period
Credit application information; 5 years from date of application
Credit default information; 5 years from date of default
Serious credit infringement information; 5 years from date of report
Judgments; 5 years from date of judgment
Bankruptcy information; 7 years from date of order
Previous enquiry record; 5 years from date of enquiry
Safeguards and security of information
We take security very seriously, and have in place appropriate systems to protect your information against:
(a) loss;
(b) access, use, modification, or disclosure (except with Shark Patrols authority); and
(c) any other misuse.
Our servers are equipped with intrusion detection and are located behind a secure firewall. Some of our Services are password-protected so that only you have access to your Personal Information. You should not reveal your password to other people and you should change it regularly. We will never ask you for your password in an unsolicited phone call or email.
We do not transmit Personal or Credit Information via email. Rather an alert is sent by email or text message, directing the Member to log in to the secure Member's section of our Site.
Misuse of information
We take misuse of information by our Members very seriously. Where a Member is found to misuse access to any of our Services, or any Personal or Credit Information then membership may be terminated in accordance with the Membership Agreement.
Changes to our Privacy Policy
We may change this policy from time to time and will notify you by posting an updated version of this Privacy Policy on our website. Any changes we make apply from the date we post them on our Site.
General Terms and Conditions of Use of the Shark Patrol website
Please read this Membership agreement carefully before using the Site and any Service.
There are currently two membership packages which offer different benefits depending on your usage
Shark Patrol is easy to join and inexpensive to use
Your rights while using our services including the protection of your privacy are important to us.