This Policy provides information in relation to the basis upon which we collect, hold, use and disclose your Personal Information. Personal Information has the same meaning as in the Privacy Act 2020 (Act). In essence, it is information relating to an individual which can be used to identify that individual or which is linked to an identified individual.
This Policy applies to your use of our website https://www.motocarrental.co.nz and our rental car services. By accessing the website, renting a car with us or by otherwise using our services, you agree to the terms of this Policy.
1. Updates to this Policy
- We will review this Policy from time to time to make sure it takes into account new laws and technology, and any changes to how we operate.
- Should we decide to change our Policy we will post the latest version of the Policy on our website so that you are always kept up to date.
- Use and disclosure of Personal Information collected from you is subject to the Policy in effect at the time such Personal Information is collected, unless otherwise agreed.
- If you access our website from outside of New Zealand, you agree that any Personal Information you provide us is subject to this Policy and the Act.
2. Collection of Personal Information
- The Personal Information we collect and hold includes (but is not limited to): your name, email, phone number, nationality and address, details of your driver licence, and payment information. We also collect your vehicle pick-up and drop-off locations, and where relevant, your flight details. We may also collect any personal information contained in the content of your communications with us.
- We collect your Personal Information when you provide it to us, when you contact us, and when you book through us (whether in person, online or over the phone, and including through third party service providers such as online travel agencies). We may also collect your Personal Information through your use of our rental services (including from other parties, such as a traffic infringement notice or parking ticket), through the use of our website, and when you interact with the surveys or marketing communications we send you.
- Your Personal Information may also be collected from other third parties you authorise us to contact, or by agents who are authorised by you to provide such information, or as otherwise permitted by the Act.
- We may also collect your Personal Information through third party payment service providers, who assist us to provide you with our services. For more information on these providers, please see the ‘Management of Personal Information’ section below.
- Our website may also state other ways in which we collect information from you.
- The collection of some Personal Information is required by law, for example the requirement to sign an agreement for hire, which will contain your Personal Information, and the requirement to collect your driver licence details are required under the Land Transport Rule: Operator Licensing Rule 2017.
- If you do not provide the Personal Information we ask you to provide, or the information is incorrect, we may not be able to confirm your booking, provide the requested services, respond to an enquiry, or contact you.
3. Personal Information of Others
- If you provide us with Personal Information relating to a third party you warrant you are authorised to do so and that you have ensured the individual is aware of the information in this Policy. If you provide us Personal Information about others, or if others give us your information, we will only use that information for the specific reason for which it was provided to us, or as otherwise permitted by the Act.
4. Social Media
- We also use social media services like Facebook, Instagram and YouTube. Your use of these third party services is entirely optional. We may make use of any information that you make public when you use any such third party services for the purposes of our business.
- All third party services are governed by the privacy policies and/or practices of the relevant third party, for which we are not responsible. If you do not want to provide Personal Information to any of those third parties, or make information publicly available, you should not use their particular service.
5. Purposes for which we collect, hold, use and disclose your Personal Information
- We may collect, hold use and disclose your Personal Information for the following purposes:
- where it is necessary for the performance of our rental services contract with you, or to take steps to enter such a contract, including to contact you, provide you with the services you have requested, and manage your booking;
- where it is necessary for our legitimate interests of conducting our business, which may include:
- enforcing our terms and conditions, including in relation to debt recovery;
- protecting our property and our legal rights, including by way of vehicle damage monitoring, reporting and repair, and responding to accidents and other incidents involving our vehicles; and
- for the purposes of carrying out the matters noted in the section below on the ‘Management of Personal Information’;
- where we have your consent in accordance with the relevant law, or if your consent is not required by any relevant law, for the purpose of sending you our newsletters or marketing communications or generic surveys, to keep you updated with our services and to provide our marketing material to you, including letting you know about our special offers and promotions, to use certain cookies on our website, and for managing our advertising to you;
- to otherwise protect our vital interests in our property, our legal rights, or those of others, including by way of vehicle damage monitoring, reporting and repair, and responding to accidents and other incidents involving our vehicles;
- to comply with our legal obligations, for example as required by our insurance providers; and
- any other lawful purpose made known to you when collecting the Personal Information.
- Other sections of this Policy also set out other specific situations in which your information is collected, used and disclosed.
- We may use and disclose your Personal Information for any of these purposes, in any circumstances authorised by the Privacy Act, or in any other manner with your consent.
6. Marketing Communications, Surveys and Feedback
- We use third parties to assist us to send you generic surveys, collect your feedback and send marketing communications. We provide those third parties with your name and relevant contact information. Such third parties may be offshore. Some countries where such third party service providers are based may not have privacy laws as comprehensive as in your country of residence, and for EU residents, may not have an adequacy decision by the European Commission.
- The relevant third party (where applicable) will collect information about your feedback and responses to the survey, and your interaction with the communication. The information collected includes whether you opened the email, the links you clicked on, the webpages viewed and the dates and times of such access and activity. Information about the device used to access the marketing communication may also be collected. The third party provides or makes available this information to us for the various purposes outlined in this Policy. They also hold this information on our behalf.
- While these third parties are primarily collecting this information on our behalf, some of these third parties also use the information that we provide them and which is collected from your interaction with our marketing communications for their legitimate business interests, such as to provide, support and improve the services they provide and to undertake data analytics projects. However, we do not permit them to use your Personal Information to market their or any other person’s services to you.
- Where we obtained your consent to receiving generic surveys and marketing communications you may withdraw your consent at any time by using the unsubscribe facility in the email sending you the marketing communications or generic survey, or by emailing us. If you withdraw such consent we will not be able to provide marketing communications or generic surveys to you. Please note that we will still send communications for the purpose of gathering your feedback unless you tell us you do not want to provide such feedback, as it relates to specific Services, in accordance with our legitimate business interests referred to above.
- If you do not agree with how Act-On will handle your Personal Information or wish to withdraw your consent, then you will need to unsubscribe from receiving marketing communications from us in accordance with the unsubscribe facility in any email sending you marketing communications.
- If you wish to withdraw your consent to receiving surveys you will need to unsubscribe from receiving surveys in accordance with the unsubscribe facility in the email sending you the survey.
- We will not be able to provide marketing communications or surveys to you if you unsubscribe or do not agree to our use of third parties to assist us with our marketing communications and surveys.
- We use session cookies to remember your selections on our website. These are deleted when your session is closed. We also use persistent cookies, which are used to identify you when you return to our website. These cookies help us to understand your browsing behaviour within our website.
- While these third parties are primarily collecting this information on our behalf, some of these third parties may also use the information which is collected for their legitimate business interests, including to improve their own services, and to maintain the security of their systems. Where third parties are based outside of New Zealand, our agreements with such third parties include appropriate safe-guards in respect of your Personal Information, as they include standard data protection clauses. If you would like further information regarding our agreements with these third party providers, please contact us.
8. Management of Personal Information
- Except as otherwise stated in this Policy, your Personal Information we collect is held by us. Our address is set out below.
- We may use other third-party service providers, who may be based offshore, to facilitate your payment. In general, these third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
- We may also transfer Personal Information to other third parties (including technology providers, providers of business and marketing services and providers of software tools used by us in our business) to perform services on our behalf, to process the information for us, or hold it on our behalf. These third parties may be based in countries that do not have privacy laws as comprehensive as in your country of residence, and for residents of the European Union, may not have an adequacy decision by the European Commission. We will not authorise any such third party to use such information for their own purposes.
- The transfer of information to any offshore third parties to facilitate payment and to store your Personal Information on our behalf is on the basis that it is necessary for the performance of the rental services contract between us. To the extent any other transfer occurs, we have agreements in place with the relevant third party that include standard data protection clauses.
- We will retain your information for as long as needed to provide you our services (including where you have signed up to receive newsletters and marketing emails from us), or to meet any legal obligations we have to retain such information, including managing our obligations to you in respect of these services. Where we no longer require your Personal Information for a permitted purpose under the Privacy Act, we will take reasonable steps to delete it.
9. Your Rights
- You have the right of access to, and correction of, your Personal Information. To access or correct any of your Personal Information, please contact us as follows:
- Phone: 0800 656 564
- Address: Building C, Level 3, Millennium Centre, 602 Great South Road, Ellerslie, Auckland, 1051
- We endeavour to ensure that the Personal Information we hold is accurate, complete and up-to-date. If any of the Personal Information that you have provided to us changes we encourage you to contact us to update that Personal Information.
- If a dispute arises between us and we cannot resolve it with you, then you may wish to contact the Office of the Privacy Commissioner on [email protected]
- For residents of the European Union, where the General Data Protection Regulation (GDPR) applies you have the right to restrict the processing of your Personal Information, to object to processing and portability of your Personal Information, or to obtain erasure of your Personal Information as set out in the GDPR. You may also lodge a complaint with the relevant supervisory authority.
10. Governing Law
This Policy is governed by the laws of New Zealand.