Rural People Limited - website terms of use

Policy owner: Rural People Limited
Policy approved by: the Director, Paula Hems
Policy reviewed and approved: 01/12/2020


Website Terms of Use

By using the Rural People Limited (RPL) Website, You are deemed to accept and agree to be bound by these Terms of Use and are bound by them. The RPL Website Terms of Use, is to be read in conjunction with the RPL Privacy Policy, which is available to be accessed through the tabs at the top of this page.
Additional terms may apply to specific goods or services or online tools or functions provided through or on the Website. Where we indicate on the Website that additional terms apply, You must read the Terms of Use in conjunction with those additional terms. If there is any inconsistency between these Terms of Use and those additional terms, the additional terms will prevail (unless we expressly tell you otherwise).


Definitions

In these Terms of Use definitions are:
"We", "Us", and "Our" are references to Rural People Limited (RPL);
"You" and "Your" are references to you.
“GDPR” is a reference to the General Data Protection Regulation under EU Data Privacy Laws.


Acceptance

If there is any inconsistency between these Terms of Use and those additional terms, the additional terms will prevail (unless we expressly tell you otherwise).
You agree that You are at least 18 years of age and acknowledge that this creates an agreement that is binding and valid in legal obligations by You.


Compliance with laws

You agree to use the Website in a manner that complies with all applicable laws and regulations (including, but not limited to, the Privacy Act 2020 and EU Data Privacy Laws including GDPR) and that does not infringe our rights, nor the rights of anyone else, nor restricts or inhibits their use and enjoyment of the Website.
You agree not to:
  1. damage or harm the Website, or any underlying or connected network or system; and
  2. use unauthorised automated means to access the Website or content featured on it for any purpose; and
  3. introduce any viruses, worms, trojan horses, timebombs, content or code to the Website which is technologically harmful; and
  4. use the Website to do anything unlawful, misleading, malicious, or discriminatory; and
  5. do anything that could disable, overburden, or impair the proper working of the Website, such as a denial of service attack; and
  6. facilitate or encourage any violations of these Terms of Use; and
  7. upload or post any content on the Website (or use the Website to transmit any communication) which is in our view illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or otherwise objectionable; and
  8. send or otherwise post unauthorised commercial communications (such as spam) on the Website; and
  9. engage in unlawful multi-level marketing, such as a pyramid scheme on the Website;
  10. solicit log in information or access an account belonging to someone else;
  11. bully, intimidate, or harass any user/member of the Website;
  12. offer any contest, giveaway, or sweepstake on the Website without obtaining our permission. If we consent, you take full responsibility for the contest, giveaway, or sweepstake, and agree to comply with all applicable laws.


Collection of your personal information

RPL may collect personal information about You, directly from You, when You access this website. You may voluntarily provide Us with your personal information to allow Us to operate our wider operations and to deliver the products and services that You have requested. Please refer to the RPL Privacy Policy located on this website, for the type of personal information that We may collect. Please be aware that You may browse and access information contained on the Site without providing personally identifiable information.


Information Retrieved While Visiting the Site

Some information is automatically retrieved while you visit the RPL Website. This information is outlined below.
  1. The date and time of website visits.
  2. Your IP Address.
  3. The referring Website if any through which You have come from, to this Website.
  4. Technical information about operating system or device.
  5. Pages accessed.
  6. Type of web browser
  7. Search terms used
The Website automatically generates logs regarding your sessions on the Site such as the features you use, the actions that you take and the information that you access. RPL generally uses this information for statistical purposes and to assess the effectiveness of the Website and to better understand your priorities and interests.


Use of Cookies:

A cookie is a small element of data that our web site may send to Your computer. RPL also uses third party partners such as Facebook and Google Analytics. These cookies provide information which enable RPL to improve Our Site. RPL’s third-party vendors may use this information to inform, optimize and present ads based on Your interaction with RPLs Site. This means that vendors including Google will display promotional material on other sites You may visit online (or across the internet). For more information about the privacy practices of Our third-party software providers please read their Privacy Policy’s and Privacy Statements which are available online. A cookie is typically stored on your computer’s hard drive and permits our web site to recognise you when you return, to our web site. Our use of cookies helps us to provide you with a better experience during your use of our web site by allowing us to understand what areas of the site are of interest to you. You may configure your web browser to not accept cookies, although you may experience a loss of functionality as a result of this action.


Storing Your Information

We will take all reasonable steps to ensure that Your information held by Us is accurate and up to date, complete, applicable and not misleading. This information will only be used for purposes stated in our privacy policy. We will maintain security safeguards to ensure Your personal information is not disclosed to any unauthorised person or entity.
Your personal information will be used only for the purposes for which it is collected and will be retained to fulfil the purposes for which the information was collected (including any time that we are required by law to retain such information).
We will only release Your information We hold, on Your authority, as required by law or in order for Us to provide services to Yourself, marketing purposes, where supplied to a third party the information released will only be sufficient for the third party to provide their service. Except as detailed above We do not share, give, sell, rent or lease information to third parties and Your personal information will only be disclosed to those employees within our organisation who have need to know in order to ensure You are provided with information about Our products and services through this Website.
You can ask to see any information We may hold about You and You have the right to have any inaccuracies corrected by Us. We will comply with any such requests to the extent required by the Privacy Act legislation within twenty days of written request receipt. We may ask for verification of Your identity in order to respond.
You can ask to see the personal information that we hold about you at any time by emailing RPL’s Privacy Officer. You may also ask us to correct, alter or delete any personal information that we hold about you by emailing RPL’s Privacy Officer.


Securing your Information

When making a transaction through this Website Your information will pass through a secure server using SSL (secure sockets layer) encryption technology. The encryption process ensures that Your information can not be read by or altered by outside influences.


Mailing Lists

If at any time You are on a mailing list of Ours then You may request to be removed from the list and We will comply with your request, please contact Us with Your request using the “Contact Us” section on the Website.


Advertisers, Linked sites and Social Networking Services

The display on Our Website of any advertiser or the provision of a link to third party Website, does not constitute Our endorsement of either the advertiser or third-party provider or any of their Website content or business practices. As We do not have any control of the content of any third party Websites, access to Websites is at Your sole risk and We recommend that You thoroughly review the terms and conditions of use and the Privacy policies of any third party Website immediately once You access such a site.
Publication of email addresses on the Website should not be taken as deemed consent to receiving unsolicited email. Persons or organisations wishing to send email material to individuals or organisations whose email addresses appear on the Website must comply with the requirements of the Unsolicited Electronic Messages Act 2007.
We use social networking services (E.g. such as Facebook, and Instagram) to communicate with the public.
When you communicate with Us using these services, the social networking services may collect Your personal information for their own purposes. These services have their own privacy policy’s which are independent of ours. They do not have any access to the personal information We hold on Our systems.
We accept no liability in regard to any dealings, promotions or activities between Yourself and advertisers or third-party providers.


Privacy Officer Details

These Terms of Use, our privacy statement and any additional terms referenced on the Website constitute our entire agreement and supersede all prior agreements, arrangements, understandings and representations (whether oral or written) given by or made between us, relating to the subject matter of these Terms of Use.
The RPL Privacy Officer’s contact details are;
Name: Paula Hems
Mobile: 0275118814
Email: via contact form


Copyright and Trademarks

The contents of the Website are at all times the copyright/trademark of Ourselves, Our suppliers or linked third parties and You may not distribute, reproduce, display, publish any trademark or other content of this Website for any purpose whatsoever without the prior written approval of Us, Our suppliers or linked third parties (each as applicable). Furthermore, you agree to indemnify Us against any claims, costs, damages or losses incurred by Us should You fail to comply. Security of your login information.


Your Responsibilities

Where you are required to register or login to any part of the Website, you must keep all usernames and passwords secure and confidential and must not disclose them to any third party. You must take reasonable care to:
  1. choose a password that is a secret known only to you which cannot be easily guessed;
  2. not disclose your password to anyone;
  3. not allow anyone to see your password or can see it or record it when you enter it on a computer; and
  4. change your password at regular intervals.
You must provide true, current and complete information in your dealings with Us (including when setting up an account) and must promptly update that information as required so that the information remains true, current and complete.
If You are given a User ID, You must keep Your User ID secure and:
  1. not permit any other person to use Your User ID, including not disclosing or providing it to any other person; and
  2. immediately notify Us if you become aware of any disclosure or unauthorised use of your User ID, by sending an email to our Privacy Officer.
You agree that we are entitled to rely on the authenticity and authority of Your username, password and session-specific codes generated by Your hardware device to process actions or requests You submit to the Website and that We may do so without further enquiry.
You are responsible for any actions taken through your login.


Governing Law and Jurisdiction

These Terms and Conditions are governed by, and construed in accordance with the law in force in New Zealand. The parties submit to the exclusive jurisdiction of the Christchurch courts for any proceedings in connection with these Terms and Conditions.

Rural People Limited - privacy policy

Policy owner: Rural People Limited
Policy approved by: the Director, Paula Hems
Policy reviewed and approved: 01/12/2020

Introduction

Rural People Limited (RPL) is committed to protecting your privacy and any personal information in relation to your use of our products and services, and as such, fully complies with the New Zealand Privacy Act 2020.
This Privacy Policy applies to our web site and governs all forms of Personal Information and related data collection and usage by us on behalf of you, our candidates, employees and clients. This Privacy Policy is to be read in conjunction with the RPL Website Terms of Use, which is available to be accessed from the tabs at the top of this page.
RPL are governed by New Zealand’s Privacy Principles (NZPP’S) contained in the Privacy Act 2020. For ease of reference, the Principles are featured at the end of this Policy. RPL ensures that all its staff members adhere to the NZPP’s to safeguard your Personal Information.
RPL have also adopted the EU General Data Protection Regulation (GDPR) guidelines covering data protection for all businesses transferring data to the European Union.
By using our website, or otherwise supplying your personal information to us, you consent to the data practices described in this Privacy Policy. This Privacy Policy also needs to be read in conjunction with our web site terms of use, as displayed on our website.
RPL may review and update this Privacy Policy on occasion, (for example to reflect changes to the Privacy Act), any revision or update will be published on the RPL web site.
This Privacy Policy does not seek to limit or exclude the individual rights of any individual, as prescribed under the Privacy Act 2020.

What is Personal Information?

Personal Information is information or an opinion that identifies an individual personally. Most of the Personal Information that RPL may collect about you, will be voluntarily provided by you, or your authorised representative, when you engage with us, to allows us to operate our wider operations and to deliver the products and services that you have requested.
Examples of Personal Information we collect may include;
  • An individual’s name and date of birth (including that of your authorised representative, or next of kin, if applicable),
  • An individual’s contact details, including your residential and work addresses, email addresses, phone and facsimile numbers.
  • Information provided as part of your CV or resume, such as qualifications, education and employment history.
  • Feedback, where you provide feedback to us and where third parties provide feedback about you.
  • Documents providing evidence of your identity and right to work in New Zealand.
  • ACC and IRD related information.
  • Financial information such as Bank account details, Credit Card details, Tax or Kiwisaver information and any other information relating to the payment of and for the services.
  • Publicly available information relating to you.
  • Any documents or other information that you provide to us as part of our provision of services, including drivers licence, passport, medical records, dietary or any other special requirements.
This Personal Information can be captured in many ways including (interviews, correspondence, by telephone, by email, via our website www.ruralpeople.co.nz, from your website, from media and publications, from other publicly available sources, from cookies, and from third parties.

Why do we collect it?

The personal information we collect allows us to operate our wider operations and to deliver the products and services that you have requested. Specifically, the reasons we collect your personal information are:
  • For the purpose of marketing and analysis
  • To keep records of our communication
  • To verify the authenticity of the information you have provided us
  • To keep records of any interviews, training or inductions
  • To comply with legal obligations
  • To investigate incidents or complaints
  • To provide your details to our clients
  • To provide your details to our candidates for the purpose

Disclosure

RPL will only disclose your information as authorised by you, as required by law or where required for us to provide our services. RPL will not, share, sell, rent or lease any client list or information to third parties without due authorisation.
RPL may also disclose Personal Information to other agencies where it believes on reasonable grounds that it falls within one of the exceptions to NZPP 11

Security

Your Personal Information is stored in a manner that reasonably protects it from misuse and loss from unauthorised access, modification or disclosure.
RPL may hold your Personal Information in either an electronic or hard copy form.
Personal information collected in hard copy form may be subsequently converted to electronic form. Hard copy information that remains as such, will be securely stored at RPL’s premises.
Personal information held or provided to us in electronic form is held on servers controlled by third parties under contractual arrangements with RPL. RPL uses a combination of physical security, password protection and other measures that ensure that Personal Information stored in electronic form is protected from misuse,
interference and loss: and from unauthorised access, modification and disclosure. However, it is not possible for any organisation (including ours), to state that 100% security can be guaranteed.

Retention

When your Personal Information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your Personal Information. However, most of the Personal Information is or will be stored in client files (electronic or hard copy) which will be securely retained by us for a minimum of 10 years.

Access

You have the right to request a copy of the Personal Information we hold about you and to update and/or correct it, subject to certain exceptions, if you think it is incorrect.
If you wish to access your Personal Information, please submit your request to RPL’s Privacy Officer (please see Privacy Policy Complaints and Enquiries) in writing. RPL will acknowledge your request as soon as possible, and will respond to the request no later than 20 working days after we receive your request (unless extended under the Privacy Act 2020.)
RPL will not charge any fee for your access request but may charge an administrative fee for providing a copy of your Personal Information.
In respect of a request for correction, if we think the correction is reasonable, justified and we are reasonably able to amend the Personal Information, we will make the correction.
In order to protect your Personal Information, we will require identification and if relevant, proof of authorisation from you before releasing the requested information.

How do we collect it?

Where reasonable and practicable to do so, we will collect your personal information only from you. However, in some circumstances we may be provided with information from third parties. Some of the most common ways we collect information about you are:
  • When you complete one of our registration forms either as a candidate or a client
  • When we receive a reference about you
  • As a result of enquiries, we might make about you
  • When we receive results about any medical or competency test or background check including but not limited to:
    • Criminal History
    • Credit History
    • Immigration History
    • Previous Employment
    • Drug Testing Results
    • When we receive a complaint or any other information about you in the workplace
  • We receive any information about any insurance investigation, litigation, registration or disciplinary matter, criminal matter, or other inquiry in which you were (may have been) involved
  • From our website www.ruralpeople.co.nz or your website
  • From public domain sources
Where RPL enters into arrangements with associated contractors and third parties that involve the use or management of Personal Information that is held by RPL, appropriate provisions will be included to protect that Personal Information.

Maintaining the Quality of your Personal Information

It is important to us that your Personal Information is up to date. RPL will take reasonable steps to make sure that your Personal Information is accurate, and this may require individuals being contacted directly.

Use of Cookies

The RPL web site uses cookies. A cookie is a small element of data that our web site may send to your computer. A cookie is typically stored on your computer’s hard drive and permits our web site to recognise you when you return, to our web site. Our use of cookies helps us to provide you with a better experience during your use of our web site by allowing us to understand what areas of the site are of interest to you. You may configure your web browser to not accept cookies, although you may experience a loss of functionality as a result of this action.

Role of the Privacy Officer

RPL have appointed a Privacy Officer in accordance with the requirements of the Privacy Act 2020. As part of their role, the RPL Privacy Officer needs to ensure that RPL’s internal policies and procedures are fully compliant with requirements under the Privacy Act 2020, NZPP and GDPR. The RPL Privacy Officer will ensure that all RPL staff and associated contractors understand their commitments under the Privacy Act, NZPP’s and the GDPR.
The RPL Privacy officer is the focal point for all privacy matters relating to RPL business. This contact may be from RPL Clients, RPL staff or associated contractors, or the Privacy Commission/Commissioner.
RPL’s Privacy Officer is also responsible for ensuring this Privacy Policy is reviewed regularly and maintains RPL’s compliance to the most up-to-date version of the Privacy Act, NZPP’s and the GDPR.

Privacy Policy Complaints and Enquiries

RPL want to know if you have any concerns about our privacy practices., whether these relate to the way we collect or share information about you or our decision on your access request. If you do have any concerns at all, please contact our Privacy Officer and they will endeavour to resolve any issues. The RPL Privacy Officer’s
contact details are recorded below.
Privacy Officer
Name: Paula Hems
Mobile: 0275118814
Email: via contact form

Privacy Principles

Principle 1
Purpose of collection of personal information
Personal information shall not be collected by any agency unless.
  1. The information is collected for a lawful purpose connected with a function or activity of the agency.
  2. The collection of the information is necessary for that purpose.
Principle 2
Source of personal information
  1. Where an agency collects personal information, the agency shall collect the information directly from the individual concerned.
  2. It is not necessary for an agency to comply with sub clause 1 of this principle if the agency believes, on reasonable grounds,
    1. That the information is publicly available information, or
    2. That the individual concerned authorises collection of the information from someone else, or
    3. That non-compliance would not prejudice the interests of the individual concerned, or
    4. That non-compliance is necessary-
      1. To avoid prejudice to the maintenance of the law by any public sector, including prevention, detection, investigation, prosecution, and punishment of offences, or
      2. For the enforcement of a law imposing a pecuniary penalty, or
      3. For the protection of public revenue, or
      4. For the conduct of proceedings before any court or tribunal (being proceedings that have been commenced or are reasonably in contemplation), or
    5. That compliance would prejudice the purposes of the collection, or
    6. That compliance is not reasonably practicable in the circumstances of the case, or
    7. That the information
      1. Will not be used in a form in which the individual concerned is identified, or
      2. Will be used for statistical or research purposes and will not be published in a form that could reasonably be expected to identify the individual concerned, or
    8. That the collection of the information is in accordance with the authority granted under section 54 of this Act.
Principle 3
Collection of information from subject
  1. Where an agency collects personal information from the individual concerned, the agency shall take such steps (if any) as are, in circumstances, reasonable to ensure that the individual concerned is aware of,
    1. The fact that the information is being collected, and
    2. The purpose for which the information is being collected, and
    3. The intended recipients of the information, and
    4. The name and address of,
      1. The agency that is collecting the information, and
      2. The agency that will hold the information, and
    5. If the collection of the information is authorised or required by or under law,
      1. The law by or under which the collection of the information is so authorised or required and
      2. Whether or not the supply of the information of the information by that individual or voluntary or mandatory, and
    6. The consequences (if any) for that individual if all or any part of the requested information is not provided, and
    7. The rights of access to, and correction of personal information provided by these principles.
  2. The steps referred to in sub clause (1) of this principle shall be taken before the information is collected or, if that is not practicable, as soon as practicable after the information is collected.
  3. An agency is not required to take the steps referred to in sub clause (1) of this principle in relation to the collection of information from an individual if that agency has taken those steps in relation to the collection, from that individual, of the same information or information of the same kind, on a recent previous occasion.
  4. It is not necessary for an agency to comply with sub clause (1) of this principle if the agency believes, on reasonable grounds
    1. That non-compliance is authorised by the individual concerned, or
    2. That non-compliance would not prejudice the interests of the individual concerned, or
    3. That non-compliance is necessary
      1. To avoid prejudice to the maintenance of the law by any public sector agency, including the prevention, detection, investigation, prosecution, and punishment of offences, or
      2. For the enforcement of a law imposing a pecuniary, or
      3. For the protection of the public revenue, or
      4. For the conduct of proceedings before any court or tribunal being that proceedings that have been commenced or are reasonably in contemplation, or
    4. That compliance would prejudice the purpose of the collection, or
    5. That compliance is not reasonably practicable in the circumstances of the case, or
    6. That the information
      1. Will not be used in a form in which the individual concerned is identified, or
      2. Will be used for statistical or research purposes and will not be published in a form that could reasonably be expected to identify the individual concerned.
Principle 4
Manner of collection of personal information Personal information shall not be collected by an agency-
  1. By unlawful means, or
  2. By means that, in the circumstances of the case
    1. Are unfair, or
    2. Intrude to an unreasonable extent upon the personal affairs of the individual concerned,
Principle 5
Storage and security of personal information
An agency that hosts personal information shall ensure,
  1. That the information is protected by such security safeguards as if is reasonable in the circumstances to take against,
    1. Lost, and
    2. Access, use, modification or disclosure, except with the authority of the agency that holds the information, and
    3. Other misuse, and
  2. That if it is necessary for the information to be given to a person in connection with the provision of a service to the agency, everything reasonably within the power of the agency is done to prevent unauthorised use or unauthorised disclosure of the information.
Principle 6
Access to personal information
  1. Where an agency holds personal information in such a way that it can be readily retrieved the individual concerned shall be entitled-
    1. To obtain from the agency confirmation of whether the agency holds such personal information,
      and
    2. To have access to that information.
  2. Where, in accordance with sub clause (1)(b) of this principle, an individual is given access to personal information, the individual shall be advised that, under principle 7, the individual may request the correction of that information.
  3. The application of this principle is subject to the provisions of parts iv and v of this Act.
Principle 7
Correction of personal information.
  1. Where an agency holds personal information, the individual concerned shall be entitled
    1. To request correction of the information, and
    2. To request that there be attached to the information a statement of the correction sought but not made.
  2. An agency that holds personal information shall, if so requested by the individual concerned or on its own initiative, take such steps (if any) to correct that information as are, in the circumstances, reasonable to ensure that, having regard to the purposes for which the information may lawfully be used, the information is accurate, up to date, complete, and not misleading.
  3. Where an agency that holds personal information is not willing to correct that information in accordance with a request by the individual concerned, the agency shall, if so requested by the individual concerned take such steps (if any) as are reasonable in the circumstances to attach information, in such a manner that it will always be read with the information, any statement provided by that individual of the correction sought.
  4. Where the agency has taken steps under sub clause (2) or sub clause (3) of this principle, the agency shall, if reasonably practicable, inform each person or body or agency to whom the personal information has been disclosed of these steps.
  5. Where an agency receives a request made pursuant to sub clause (1) of this principle, the agency shall inform the individual concerned of the action taken as a result of the request.
Principle 8
Accuracy etc, of personal information to be checked before use
An agency that holds information shall not use that information without taking such steps (if any) as are, in the circumstances, reasonable to ensure that, having regard to the purpose for which the information is proposed to be used, the information is accurate up to date, complete, relevant and not misleading.

Principle 9
An agency that holds personal information shall not keep that information for longer than is required for the purposes for which the information may be lawfully used.

Principle 10
Limits on use of personal information
An agency that holds personal information that was obtained in connection with one purpose shall not use the information for any other purpose unless the agency believes on reasonable grounds-
  1. That the source of the information is a publicly available publication, or
  2. That the use of the information for that other purpose is authorised by the individual concerned, or
  3. That non-compliance is necessary
    1. To avoid prejudice to the maintenance of the law by any public sector agency, including the prevention, detection, investigation, prosecution, and punishment of offences, or
    2. For the enforcement of a law imposing a pecuniary penalty, or
    3. For the protection of the public revenue, or
    4. For the conduct of proceedings before any Court or Tribunal (being proceedings that have been commenced or are reasonably in contemplation) or
  4. That the use of the information for that other purpose is necessary to prevent or lessen a serious and imminent threat to-
    1. Public health or public safety, or
    2. The life or health of the individual concerned or another individual, or
  5. That the purpose for which the information is used directly related to the purpose in connection with which the information was obtained, or
  6. That the information, or
    1. Is used in a form in which the individual concerned is not identified, or
    2. Is used for statistical or research purposes and will not be published in a form that could reasonably be expected to identify the individual concerned, or
  7. That the use of the information is in accordance with an authority granted under section 54 of this Act.
Principle 11
Limits on disclosure of personal information
An agency that holds personal information shall not disclose the information to a person or body or agency unless the agency believes, or reasonable grounds-
  1. That the disclosure of the information is one of the purposes in connection with which the information was obtained or is directly related to the purpose in connection with which the information was obtained, or
  2. That the source of the information is a publicly available publication, or
  3. That the disclosure is to the individual concerned, or
  4. That the disclosure is authorised by the individual concerned, or
  5. That non-compliance is necessary-
    1. To avoid prejudice to the maintenance of the law by any public sector agency, including the prevention, investigation, prosecution, and punishment of offences, or
    2. For the enforcement of the law imposing a pecuniary penalty, or
    3. For the protection of public revenue, or
    4. For the conduct of proceedings before any Court or Tribunal (being proceedings that have been commencement or are reasonably in contemplation), or
  6. That the disclosure of the information is necessary to prevent or lessen a serious and imminent threat to-
    1. Public health or public safety, or
    2. The life or health of the individual concerned or another individual, or
  7. That the disclosure of the information is necessary to facilitate the sale or other disposition of a business as a going concern, or
  8. That the information-
    1. Is to be used in a form in which the individual concerned is not identified, or
    2. Is to be used for statistical or research purposes and will not be published in a form that could reasonably be expected to identify the individual concerned, or
  9. That the disclosure of the information is in accordance with an authority granted under section 54 of this Act.
Principle 12
Disclosure of Personal Information outside of New Zealand
  1. An agency (A) may disclose Personal Information to a foreign person or entity (B) in reliance on IPP 11 (a), (c), (e), (f), (h), or (i) if;
    1. The individual concerned authorises the disclosure to B after being expressly informed by A that B may not be required to protect the information in a way that, overall, provides comparable safeguards to those in this Act; or
    2. B is carrying on business in New Zealand and, in relation to the information, A believes on reasonable grounds that B is subject to this Act; or
    3. A believes on reasonable grounds that B is subject to privacy laws that, overall, provide comparable safeguards to those in this Act; or
    4. A believes on reasonable grounds that B is a participant in a prescribed binding scheme; or
    5. A believes on reasonable grounds that B is subject to privacy laws of a prescribed country; or
    6. A otherwise believes on reasonable grounds that B is required to protect the information in a way that, overall, provides comparable safeguards to those in this Act (for example, pursuant to an agreement entered into between A and B.)
  2. However, subclause (1) does not apply if the personal information is to be disclosed to B in reliance on IPP 11 (e) or (f) and it is not reasonably practicable in the circumstances for A to comply with the requirements of subclause (1).
  3. In this IPP; “prescribed binding scheme” means a binding scheme specified in regulations under section 213 and “prescribed country” means a country specified in regulations made under section 214.
Principle 13
Unique identifiers
  1. An agency shall not assign a unique identifier to an individual unless the assignment of that identifier is necessary to enable the agency to carry out any one or more of its functions efficiently.
  2. An agency shall not assign to an individual a unique identifier that, to that agency’s knowledge, has been assigned to that individually by another agency, unless those two agencies are associated persona within the meaning of section 8 of the Income Tax Act 1976
  3. An agency that assigns unique identifiers to individuals shall take all reasonable steps to ensure that unique identifiers are assigned only to individuals whose identity is clearly established.
  4. An agency shall not require an individual to disclose any unique identifier assigned to that individual unless the disclosure is for one of the purposes in connection with which that unique identifier was assigned or for a purpose that is directly related to one of those purposes.