Chiptech and its related companies (together “we”, “us” or “our”) take our obligations in regards to Privacy seriously. In this Policy, “you” and “your” means the individual providing Personal Information to us. The terms “you” and “your” also include a Device owner in relation to any Personal Information of that Device owner that any Responder has entered through the App.
This Policy provides information in relation to the basis on which we collect, hold, use and disclose your Personal Information. Personal Information covered by this Policy means personal information (as that term is defined in the New Zealand Privacy Act 1993, including any applicable privacy code of practice) which is entered through the App. In essence, to be personal information it must be information relating to an individual that can be used to identify an individual or which is linked to an identified individual.
Other terms that are capitalised but not otherwise defined in this Policy carry the same meaning as in the Terms and Conditions applying to the use of this App (App Terms and Conditions).
By using the App you agree to the terms of this Policy.
Updates to this Policy
- This Policy will be reviewed from time to time to take into account new laws and technology, changes to our operations and practices and the changing business environment. The most current version of this Policy is located at https://www.chiptech.co.nz/smartcare-response-privacy-policy
- Use and disclosure of Personal Information collected from you is subject to the Policy in effect at the time such Personal Information is collected.
Collection of Personal Information
- We collect Personal Information so that you can use the App’s functionality, to enable the App to operate, for [Retailer Name] and us to meet our respective obligations under the App Terms and Conditions, and to meet our legal obligations.
- In general, the Personal Information we collect and hold includes (but is not limited to): your name, mobile phone number, account password (which we encrypt), the content of all Communications and any other information which assists us to provide the App.
- We will also collect information specific to your Smartphone and the Device to which the App is paired. This includes information such as your Smartphone operating system information and Device identifiers.
- The App functionality requires access to your Smartphone’s camera to scan the barcode of the Device. The barcode information is used to pair the App to the Device and is not collected or stored by us.
- If Personal Information that is required to be entered into the App is not provided you may not be able to use any or some of the App’s functionality. If you limit any Personal Information in a message you send to an Associated App the Associated Responder may not be able to take appropriate action.
How We Collect Personal Information
- We collect Personal Information through your use of the App, including when you download, install and access the App, when you register an account, when you pair the App to a compatible Device, and when you send a message. We also collect a Device owner’s Personal Information when a Responder pairs the App to the Device or records or updates the Device owner’s Personal Information in the App. This information includes the name you give to the owner of the Device, the address you associate with it, any notes you want to add and any information included in a message you send using the App.
- When pairing the App to a Device, you must ensure you have first obtained the consent of the Device owner to record any of their Personal Information in the App. If you use the App to record the Personal Information of the Device owner or to send any message to an Associated App and that message contains Personal Information of the Device owner or any other person you must ensure you have obtained their consent to record their Personal Information or to include any of their Personal Information in such a message. If any information you enter through the App is health information of the Device owner, before doing so you must make the Device owner aware that we will collect and hold that health information and ensure the Device owner is aware of the content of this Policy.
- If you access the App from outside of New Zealand, you agree that any Personal Information you provide us is subject to this Policy and the Privacy Act.
- Your Personal Information may also be collected from any third parties you authorise us to contact, or as otherwise permitted by the Privacy Act.
Purposes for which We Collect, Use and Disclose Personal Information
- We may collect, use and disclose your Personal Information for the following purposes:
- so that you can use the App’s functionality, to enable the App to operate, for [Retailer Name] and us to meet our respective obligations under the App Terms and Conditions;
- to help support, manage and enhance the App and our offerings;
- to investigate any matter concerned with the use of the App;
- to comply with our legal obligations; and
- any other purpose made known to you when collecting the Personal Information.
- We may also use and disclose your Personal Information in any other circumstances authorised by the Privacy Act.
- When you enter address details we may disclose those details to Google to enable us to verify the address by Google address lookup.
- Your name, and if you consent to do so in App, your mobile phone number are shared across Associated Responders in respect of the same Device.
- When you use the App to send a message to an Associated App, your name and the content of that message is disclosed to all Associated Responders. Any person in possession of the Responder’s Smartphone receiving a message from an Associated App may also be able to view the messages.
- The App also lets you enter a name and address of the Device owner and store certain information in a notes section. The App functionality shares this information with all Associated Responders and the Responder or any Associated Responder may make changes to it.
- Your activity history is also shared between Associated Responders to enable all Associated Responders to determine whether a response to a Communication sent by the Device has occurred.
- The Device sends certain information concerning missing communications, automated tests and power and battery status changes in relation to the Device to all Apps associated with the Device.
- We use third party communication services in order to send Communications to the App and to communicate with you in relation to your account management in relation to the App, such as to verify password information. While we use reasonable endeavours to use third party services that employ appropriate security safeguards, we are not responsible for a failure or breach of those safeguards.
- We are not responsible for collection, use or disclosure of personal information by any Back-Up Monitoring Service that may be associated with the Device. Such services are provided by [Retailer Name] and are contracted for separately by the Device owner. However, if any Back-Up Monitoring Service for a Device is engaged, SmartCare® Central will notify the relevant Back-Up Monitoring Service if none of the Responders associated with the same Device respond to a Communication sent by the Device to the App on each such Responder’s Smartphone within a predetermined amount of time.
- We do not otherwise share your Personal Information without your consent, except where permitted by the Privacy Act, unless we believe it is necessary:
- to enforce the App Terms and Conditions, or where we are legally required to do so;
- so we, or other authorised agencies can detect, investigate, prevent or address, security or technical issues;
- to otherwise protect our property, legal rights, or that of others; or
- for the purposes of carrying out the matters noted in the section below on the Management of Personal Information.
Management of Personal Information
- Personal Information collected by us is held by us in our cloud based database and monitoring infrastructure (SmartCare® Central). SmartCare® Central is used to store personal information and to send and receive Communications between the Device, the App, Associated Apps, and, if enabled, the Back-Up Monitoring Service. Our address is 11a Settlers Crescent, Ferrymead, Christchurch 8023, New Zealand.
- We may transfer Personal Information to third parties that we have engaged in order to provide the services described in the App Terms and Conditions and to assist us to support, manage and enhance the App. We only use these third parties to perform services on our behalf, to process the information for us, or hold it on our behalf, and we do not authorise them to use such information for their own purposes. Some of these third parties may be offshore. We currently use Azure Cosmos DB services in Australia and the United States to store and process information.
- The Privacy Act requires us to take reasonable steps to protect the security of Personal Information. We takes reasonable steps to protect Personal Information held from misuse, loss and from unauthorised access, modification or disclosure, for example by use of physical security and restricted access to electronic records. Our personnel are required to respect the confidentiality of Personal Information and the privacy of individuals.
- Where we no longer require your Personal Information for a permitted purpose under the Privacy Act, we will take reasonable steps to destroy it. This is likely to be the case where the Device has not been active for a period of 12 months.
Access and Correction to Personal Information
- It is important that the Personal Information we hold is accurate, complete and up-to-date. We encourage you to use the App to update any Personal Information held about you.
- You have the right to access your Personal Information. Access to all your Personal Information is available through the App and you can use the App to update details that have changed.
- You also have the right to request that your Personal Information be corrected if you think it is wrong. If you think your Personal Information is wrong you can correct the information using the App. Subject to the exceptions set out in the Act, if you have not been able to do so through the App first, you may request the correction of the Personal Information which we hold about you by writing to us.
- If a dispute were to arise between us and we cannot resolve this with you, then you may contact the Office of the Privacy Commissioner whose website is here.
- This Policy is governed by the laws of New Zealand.