erdaPRIVACY POLICY

Introduction

Erda is an ecommerce brand name of RMC (NZ) Limited, an organisation incorporated and operating under New Zealand law, recognizes the importance of the privacy of those using the ecommerce, www.erda.co.nz (hereinafter the "eCommerce”) and website, www.rmcltd.co.nz  (hereinafter the "Website"), and undertakes to observe such privacy. The company and its brand name are committed to safeguard your privacy and protect your personal information.

www.erda.co.nz offers to provide users with details of the data controller, the personal data collected through the Website and eCommerce, of the aims of processing of such personal data, and of the means by which such is accomplished, of any third parties involved in the processing, of any transfer abroad of such data, of the security measures adopted to protect the collected data under New Zealand laws. Personal data will be: collected for specified, explicit and legitimate purposes and not further processed in a way incompatible with those purposes. The controller will provide appropriate safeguards, in particular, to ensure that the data are not processed for any other purposes or used in support of measures or decisions regarding any particular individual.

The Privacy Policy is provided exclusively to www.erda.co.nz website, and not intended to be used by any other websites by means of links present on our eCommerce/Website. Please take a few minutes to review this Privacy Policy. By using the www.erda.co.nz website, you are giving consent to the Collection, Use and Disclosure of your Personal Information as put down in this Privacy Policy.

Respecting your privacy and Personal Information - Our loyalty to you.

We at erda do not collect Personal Information secretly or in a duplicitous way and will never sell your Personal Information to any third party. Your rights to privacy are protected by law, and this policy does not limit those rights. We are inclined to safeguard your personal information with the utmost security.

By providing us with your Information or by making use of the facilities provided by the Website, you hereby consent to the collection, storage, processing and transfer of any or all of Your Personal Information and Non-Personal Information by erda as specified under this Privacy Policy. You further agree that such collection, use, storage and transfer of your Information shall not cause any loss or wrongful gain to you or any other person.

About this Privacy Policy

The purpose of this document is to set out our policies in relation to the collection, holding, use and disclosure of personal information relating to an individual. The type of data or information that you share with or provide to erda and that erda collects from you; The purpose for collection of such data or information from you; erda information security practices and policies; and erda’s policy on sharing or transferring your data or information with third parties.

This Privacy Policy may be amended/updated from time to time. Upon amending/updating the Privacy Policy, we will accordingly amend the date above. We suggest that you regularly check this Privacy Policy to apprise yourself of any updates. Your continued use of website or provision of data or information thereafter will imply your unconditional acceptance of such updates to this Privacy Policy. This Privacy Policy also sets out how you can make a complaint if you believe your legal rights have been breached.

What personal information do we collect?

Personal Information is Information collected that can be used to uniquely identify or contact you. Personal Information for the purposes of this Privacy Policy shall include, but not be limited to:

·                 Your address,

·                 Your telephone number,

·                 Your e-mail address or other contact information,

·                 Your date of birth,

·                 Your gender,

·                 Information regarding your transactions on the Website, (including sales or purchase history),

·                 Your financial information such as bank account information or credit card or debit card or other payment instrument details,

·                 Internet Protocol address,

·                 The identification code of your communication device which you use to access the website or otherwise deal with any erda entity,

Any other Information that you provide during your registration process, if any, on the website.

Although you have the option to use a pseudonym when dealing with us, we will be unable to provide all our services unless you use identifiable information. If you wish to remain anonymous when you use our website, do not sign into it or provide any information that might identify you.

Why do we collect your personal information?

Erda collects, uses, stores and processes your information for any purpose as may be permissible under applicable laws (including where the applicable law provides for such collection, usage, storage or processes in accordance with the consent of the user) connected with a function or activity of each of erda entities and shall include the following:

·                 To facilitate your use of the website or other services of erda entities;

·                 To respond to your inquiries or fulfil your requests for information about the various products and services offered on the Website;

·                 To provide you with information about products and services available on the website and to send you information, materials, and offers from erda;

·                 To send you important information regarding the website, changes in terms and conditions, user agreements, and policies and/or other administrative information;

·                 To send you surveys and marketing communications that erda believes may be of interest to you;

·                 To personalize your experience on the website by presenting advertisements, products and offers tailored to your preferences;

·                 To help you address your problems incurred on the website including addressing any technical problems;

·                 If you purchase any product or avail of any service from the website, to complete and fulfil your purchase, for example, to have your payments processed, communicate with you regarding your purchase and provide you with related customer service;

·                 For the proper administering of the website;

·                 To conduct internal reviews and data analysis for the website (e.g., to determine the number of visitors to specific pages within the website);

·                 To improve the services, content and advertising on the website;

·                 To provide value added services such as Single Sign-On. Single Sign-On shall mean a session/user authentication process that permits a user to enter his/her name or mobile number or e-mail address or any combination thereof and password in order to access multiple websites and applications;

·                 To facilitate various programmes and initiatives launched by erda Limited or third-party service providers and business associates;

·                 To analyse how our services are used, to measure the effectiveness of advertisements, to facilitating payments;

·                 To conduct academic research and surveys;

·                 To protect the integrity of the website;

·                 To respond to legal, judicial, quasi-judicial process and provide information to law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law;

·                 To conduct analytical studies on various aspects including user behaviour, user preferences etc.;

·                 To permit third parties who may need to contact users who have bought products from the website to facilitate installation, service and any other product-related support;

·                 To implement information security practices;

·                 To determine any security breaches, computer contaminant or computer virus;

·                 To investigate, prevent, or take action regarding illegal activities and suspected fraud;

·                 To undertake forensics of the concerned computer resource as a part of the investigation or internal audit;

·                 To trace computer resources or any person who may have contravened, or is suspected of having or being likely to contravene, any provision of law that is likely to have an adverse impact on the services provided on any website or by erda;

·                 To enable a potential buyer or investor to evaluate the business of erda;

 

You hereby agree and acknowledge that the Information so collected is for a lawful purpose connected with a function or activity of erda or any person on their respective behalf, and the collection of Information is necessary for the Purposes.

Your e-mail address

We will only record your email address if you provide it to us. We will only use it to send you the information you have requested about any of the services or products we provide through our website, or for another use for which you have provided it. It will not be used for any unauthorized purpose or disclosed without your consent (unless permitted by law). By providing us with your email address, you will have given your consent to receive direct marketing materials from us. If you do not wish to consent or receive any communication from us, you can notify us on support@erda.co.nz

No Spam

As part of our commitment to maintaining your privacy, erda does not condone unsolicited commercial electronic messages or 'spam'. We will only send commercial electronic messages with the addressee's express or inferred consent to receive it.

Information collected automatically - Cookies etc.

Whenever you visit our website, our servers automatically record information about your usage of our website through 'cookies' and clickstream data. We and our partners, affiliates, or analytics or services providers use technologies, such as cookies, beacons, tags, and scripts, to analyse trends, administer our website, tracking users' movements around the website, and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis. We use cookies for our shopping cart, to remember your settings (e.g., language preference), and for authentication. You can control the use of cookies at the individual browser level. If you reject cookies, you may still use our website, but your ability to use some features or areas of our website may be limited.

When do we disclose your personal information to third parties?

The Services are not available to you hereby unconditionally agree and permit that erda may transfer, share, disclose or part with all or any of your Information, within and outside of New Zealand to various erda and to third party service providers / partners / banks and financial institutions for one or more of the Purposes or as may be required by applicable law. In such a case we will contractually oblige the receiving parties of the information to ensure the same level of data protection that is adhered to by erda under applicable law.

You acknowledge and agree that, to the extent permissible under applicable laws, it is adequate that when erda Limited transfers your Information to any other entity within or outside your country of residence, erda Limited will place contractual obligations on the transferee which will oblige the transferee to adhere to the provisions of this Privacy Policy.

Erda may share statistical data and other details (other than your personal information) without your express or implied consent to facilitate various programmes or initiatives launched by Erda, its affiliates, agents, third party service providers, partners or banks & financial institutions, from time to time. We may transfer/disclose/share Information (other than your personal information) to those parties who support our business, such as providing technical infrastructure services, analysing how our services are used, measuring the effectiveness of advertisements, providing customer/buyer services, facilitating payments, or conducting academic research and surveys. These affiliates and third-party service providers shall adhere to confidentiality obligations consistent with this Privacy Policy. Notwithstanding the above, we use other third parties such as a credit/debit card processing company, payment gateway, pre-paid cards etc. to enable you to make payments for buying products or availing services on www.erda.co.nz.  When you sign up for these services, you may have the ability to save your card details for future reference and faster future payments. In such case, we may share your relevant personal Information as necessary for the third parties to provide such services, including your name, residence and email address. The processing of payments or authorization is solely in accordance with these third party’s policies, terms and conditions and we are not in any manner responsible or liable to you or any third party for any delay or failure at their end in processing the payments.

Erda may also share personal information if erda believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of various terms and conditions or our policies.

We reserve the right to disclose your information when required to do so by law or regulation, or under any legal obligation or order under law or in response to a request from a law enforcement or governmental agency or judicial, quasi-judicial or any other statutory or constitutional authority or to establish or exercise our legal rights or defend against legal claims.

You further agree that such disclosure, sharing and transfer of Your Personal Information and Non-Personal Information shall not cause any wrongful loss to you or to any third party, or any wrongful gain to us or to any third party.

Keeping your personal information accurate and up-to-date

We aim to make sure that the personal information we collect, use or disclose is accurate, complete, up-to-date and relevant, having regard to the purpose of use or disclosure. We will take reasonable steps to make sure this is the case. This way, we can provide you with better service. If you believe your personal information is inaccurate, incomplete, not up to date, not relevant or misleading, please let us know (see Reach Us). We will take such steps as are reasonable in the circumstances to correct that information to ensure that, having regard to the purpose for which it is held, the information is accurate, up to date, relevant and not misleading.

Security and Retention

·          The security of your Personal Information is important to us. Erda strives to ensure the security of your personal information and to protect your personal information against unauthorized access or unauthorized alteration, disclosure or destruction. For this purpose, erda adopts internal reviews of the data collection, storage and processing practices and security measures, including appropriate encryption and physical security measures to guard against unauthorized access to systems where erda stores your personal information.

·          Erda shall adopt reasonable security practices and procedures as mandated under applicable laws for the protection of your Information.

·          If you choose a payment gateway to complete any transaction on the website then your credit card data may be stored in compliance with the industry standards/ recommended data security standard for the security of financial information.

·          Erda may share your Information with third parties under a confidentiality agreement which inter alia provides for that such third parties not disclosing the Information further unless such disclosure is for the Purpose. However, erda is not responsible for any breach of security or for any actions of any third parties that receive your personal information. erda is not liable for any loss or injury caused to you as a result of you providing your Personal Information to the third party (including any third-party websites, even if links to such third-party websites are provided on the website).

·          Notwithstanding anything contained in this Policy or elsewhere, erda shall not be held responsible for any loss, damage or misuse of your personal information, if such loss, damage or misuse is attributable to a Force Majeure Event (as defined below).

·          "Force Majeure Event" shall mean any event that is beyond the reasonable control of erda and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorised access to computer, computer system or computer network, computer crashes, breach of security and encryption (provided beyond reasonable control of erda), power or electricity failure or unavailability of adequate power or electricity.

·          While we will endeavour to take all reasonable and appropriate steps to keep secure any Personal Information which we hold about you and prevent unauthorized access, you acknowledge that the internet or computer networks are not fully secure and that we cannot provide any absolute assurance regarding the security of your personal information.

·          You agree that all personal information shall be retained till such time required for the purpose or required under applicable law, whichever is later. Non-Personal Information will be retained indefinitely.

Security of our website

We take care to ensure that the personal information you give us on our website is protected from misuse, interference and loss, unauthorized access, modification or disclosure. For example, our website has electronic security systems in place, including the use of firewalls and data encryption. User identifiers, passwords or other access codes may also be used to control access to your personal information.

User discretion and opt out

You agree and acknowledge that you are providing your information out of your free will. You have an option not to provide or permit erda to collect your personal information or later on withdraw your consent with respect to such personal information so provided herein by sending an email to the grievance officer or such other electronic address of the respective erda entity as may be notified to you. In such case, you should neither visit any website nor use any services provided by erda. Further, erda may not deliver products to you, upon your order, or erda may deny you access from using certain services offered on the website. You can add or update your personal information on a regular basis. Kindly note that erda would retain your previous personal information in its records.

How can I access my personal information?

You can gain access to your personal information that we hold. This is subject to some exceptions allowed by applicable law. Factors affecting a right to access include:

·          Access would pose a serious threat to the life or health or safety of any individual or to public health or safety;

·          Access would have an unreasonable impact on the privacy of others;

·          A frivolous or vexatious request;

·          Access would reveal evaluative information generated by us in connection with a commercially sensitive decision-making process;

·          Access would be unlawful;

·          Access would prejudice enforcement activities conducted by an enforcement body;

·          Legal dispute resolution proceedings with you where the information would not be accessible in the process of discovery in those proceedings;

·          Denying access as required or authorised by or under law or court/tribunal order.

We will give you reasons if we deny access (except to the extent that having regard to the grounds for the refusal, it would be unreasonable to do so). Please contact us if you require a form requesting access (see Contact us).

What security measures are in place?

Your personal information is stored securely in accordance with the Privacy Act 1993.  We frequently review our security measures.

Contacting us or making a complaint

If you find any discrepancies or have any grievances in relation to the collection, storage, use, disclosure and transfer of your personal information under this Privacy Policy or any terms of erda's Terms of Use, Term of Sale and other terms and conditions or policies of any erda entity, please contact the following support@rmcltd.co.nz. All enquiries or complaints will be handled fairly and impartially.

Further acknowledgements

·                 The trademarks, logos and service marks displayed on the Website ("Marks") are the property of erda or their vendors or respective third parties. You are not permitted to use the Marks without the prior consent of erda, the vendor or the third party that may own the Marks.

·                 Provides for the various types of personal or sensitive personal data of information to be collected;

·                 Provides for the purposes of collection and usage of the Information;

·                 Provides for disclosure of Information; and

·                 Provides for reasonable security practices and procedures.