Bay of Plenty Regional Council Privacy Statement

The Bay of Plenty Regional Council (collectively referred to as “BOPRC”, “we”, “our” or “us”) is committed to protecting the privacy of your personal information. 

We are subject to the Privacy Act 1993 (which, from 1 December 2020, will be replaced with the Privacy Act 2020) (the “Act”) and the Local Official Information and Meetings Act 1987, which govern how personal information is collected, used, stored and accessed.

This privacy statement tells you about our collection, use and disclosure of your personal and other information through your use of this website, other websites that we manage, mobile applications and other online mediums and digital platforms (“Platforms”) or when you correspond with us, whether in person, or by letter, phone, email or other means of electronic communication. 

It has been prepared in accordance with our obligations and your rights under the Act.

By using our Platforms and/or otherwise providing us with your information, you consent to our use of your personal information in accordance with this privacy statement (as amended from time to time).

1. What kind of personal information do we collect?

Generally, the types of personal information that we collect from or about you depends on the circumstances in which the information is collected. 

The personal information we collect may include your name, date of birth, addresses, email address, telephone numbers, gender, ethnicity, banking details, information on your use of our services or facilities, and a record of any information that you acquire from us. We may also collect other information provided by you or about you in connection with your use of our services, facilities, or Platforms, or through your communications with us.

2. How is your personal information collected?

We collect personal information from or about you in a variety of ways.  Where possible we will collect personal information directly from you.  We may also collect information from persons you have authorised to share your personal information with us, or from whom you authorise us to collect your personal information. 

The most common way we collect personal information is directly from you (or from someone authorised by you to act on your behalf), when you correspond with us for any reason whether in person, or by letter, phone, text, email, or any other means of electronic communication.  For example, we may collect personal information when you:

  • register with, or use, any of our products, services or facilities, or interact with our Platforms
  • complete and submit forms that we provide (for example, applications for consents, licences, approvals, permits, funding or other authorisations)
  • contact us enquiring about information or requesting information or services
  • provide us with feedback
  • prepare and submit a written submission
  • subscribe to any of our newsletter or update services
  • conduct transactions through this website (or any of our other Platforms)
  • participate in a promotion or competition carried out by us or by a third party with official affiliation or support from us
  • participate in market research or surveys carried out by us or by a third party on our behalf
  • follow or post comments in response to our social media or other facilities such as Facebook, Instagram, Twitter, and YouTube
  • apply for employment with us
  • provide us with services

We may also collect information indirectly through your use of our Platforms and the services and functionality offered through them (for example through browser cookies).  Further information is provided below under the heading Automatic Data Collection Technologies.

3. Why do we collect your personal information?

Generally, we will only use personal information for the purposes for which it was provided to us (and for any directly related purpose).  For example, some of the purposes that we may use your information for include:

  • to provide you with any necessary support in relation to your dealings with us
  • to stay in touch with you regarding your enquiries, comments, complaints or requests for information or service
  • processing your application for consent, licence, approval, permit, funding or other authorisation
  • processing your application for registration for use of council services or to gain access to information on our Platforms made available only to registered users
  • to correspond with you for purposes such as consultation, market research and surveys
  • to provide you with products, services, or resources
  • to continue to improve our products, services, resources, and facilities
  • to administer and improve the Platforms
  • processing transactions that you may conduct through this website or any of our other Platforms
  • to comply with any relevant legislation, regulations, and our audit obligations
  • we may also aggregate personal information held by us for analysis and statistical purposes (any such aggregation will not identify you personally)

We may also use personal information for other reasons permitted by the Privacy Act (e.g. with your consent or where the law permits or requires it).

By providing us with your contact details (including your mobile number, email address and postal address) you agree that we may communicate with you (including via direct mailing, email, SMS, telephone call, and other phone number based messaging) for the purposes set out above.  You can opt out of those communications at any stage by contacting us using the contact details set out below or by utilising the "unsubscribe" facility included on all such communications.  Once you have unsubscribed from these communications, you will be removed from the corresponding contact list as soon as is reasonably practicable.

4. Sharing of your personal information

We respect the privacy of your personal information and will take all reasonable steps to keep it strictly confidential. 

All personal information collected by us may be stored in paper form and/or electronically/digitally.

Access to your information is confined to authorised users only, which may include our officers, employees, contractors, and agents in each case on a “need to know” basis only.  We will not provide your personal information to any other third parties except:

  • where third parties provide you with products or services on our behalf or assist with delivery of our services (for example, our contractors and other service providers), but only where necessary for the provision of those products or services
  • to any of our Council Controlled Organisations in order to assist with the products and services that they provide to you
  • to anyone authorised by you to receive it
  • where the information is going to be used in a way that could not identify you (such as statistical reporting)
  • to our lawyers, auditors and other professional advisors, but only to the extent necessary for the purpose for which we are engaging the relevant professional advisor
  • as otherwise permitted or required under any applicable law or regulation or in the course of legal proceedings or other investigations.

An authorised recipient of your personal information shall only be entitled to use your personal information as strictly required for the purpose(s) for which it was provided to them, which shall be consistent with the purposes described in this privacy statement.

You may post information on public areas of our Platforms, or transmit information to other users of our Platforms.   If you use a discussion or posting forum feature on our Platforms, please be aware that any information you submit can be viewed and used by other Platforms users. Your contributions are posted or transmitted to others at your own risk.

5. What if you don’t provide information?

If you do not provide us with all of the personal information that we request, we may not be able to adequately respond to your correspondence, process any applications you have submitted, provide the products, services or facilities you have requested, register you with an account as required to gain access to certain features of our Platforms, or process payments.

In some circumstances, failure to provide information when requested may result in legal consequences. These circumstances and the potential consequences will be explained at the point when your personal information is requested.

6. Data Storage and Security

Any personal information that falls within the scope of this privacy statement is held and controlled by BOPRC.  

We store your personal data electronically/digitally and in paper form.

We take all reasonable steps to protect your personal information from misuse, loss, damage, or unauthorised disclosure using generally accepted standards of security.  However, to the extent permitted by law, we will not be responsible for, and exclude all liability arising in relation to, any misuse, loss, damage, or unauthorised access of your personal information.

If we provide you with any passwords or other security devices it is important that you keep these secret and confidential and do not allow them to be used by any other person. You should notify us immediately if the security of these passwords or devices is breached to prevent the unauthorised disclosure of your personal information.

If we become aware of any breach involving your personal information, we will comply with the requirements of the Act relating to the reporting of privacy breaches.

7. How long do we retain your personal information?

We will keep your personal information only for as long as is necessary to achieve the purpose for which it was collected, taking into consideration our administrative requirements, and the need to answer queries or resolve problems, provide you with continued support,  and comply with our contractual and legal requirements.

The Public Records Act 2005 requires us to retain “protected records” indefinitely. In some circumstances, your personal information may be included within a protected record, including submissions you make in relation to bylaws, annual plans, and regional planning instruments.

8. Automatic Data Collection Technologies (e.g. cookies)

When you interact with out Platforms we may use automatic data collection technologies to store some information in your computer. This information will be in the form of a "cookie" or similar file and can help us to collect statistical information about your equipment and your visit to our Platform.

A "cookie" is a small data element that a website transfers to your computer for record keeping and experience customisation purposes.  Cookies give us details such as your IP address, operating system, browser, search terms, pages accessed and links clinked, dates and times of visits, immediate previous site visited, and domain (whether you are accessing from New Zealand or elsewhere). We may use the information generated by cookies to personalise and improve your experience.

Cookies may store your search, posting and other viewing and usage history, and your login details (if you choose) enabling you to use certain services without having to log on each time. If you disable cookies, it may limit your access to some of our content and features. You can choose to refuse cookies by turning them off in your browser and deleting them from your hard drive. You do not need to have cookies turned on, but your experience may be affected if you do turn them off.

We do not use cookies to extract any personal information.

Analytics Services Provided by Others

We may allow others to provide analytics services on our behalf across the Internet and in applications (e.g. Google Analytics).  Analytics services are services which assist us to collect and interpret information. These entities may use cookies, web beacons (a technique that helps to determine whether a user has accessed some content), device identifiers and other technologies to collect information about your use of our Platforms.

The information collected may include your IP address, web browser, mobile network information, pages viewed, time spent on pages or in apps, links clicked and conversion information.  This information is aggregated and all users are anonymous and not personally identifiable.

This statistical information will be viewable by website administrators and certain other BOPRC employees and contractors.  It may also be shared with other government agencies.

This information may be used by us or by third parties on our behalf to analyse and track data, determine the popularity of certain content, and better understand online activity.

9. Call recording

As part of our commitment to providing the best possible service to our customers, we may monitor and record phone calls to the BOPRC 0800 number (0800 884 880) and the main phone line at each BOPRC location for the following purposes:

  • for quality control and staff training so as to help us improve our service and to ensure that the information we provide is consistent and accurate;
  • to ensure that we have an accurate record of your call; and
  • for other purposes related to the purpose of your call.

We will let you know at the time of the call if a call is to be monitored and recorded.  Recordings will be securely stored.  Any personal information you provide as part of the call will be managed in accordance with this privacy statement. 

10. Your rights to access and correct personal information

You have the right to:

  • obtain confirmation from us as to whether or not we hold personal information about you;
  • access that information if we hold it in a way that can be readily retrieved; and
  • if applicable request a change to or correction of that information

We will provide you with access to your personal information unless we are required or authorised to refuse such access by law.    Please note that we will not be able to provide information if we do not know, or don’t have reasonable grounds to believe, that it is personal information about you, or if disclosing the information would involve the disclosure of the affairs of another individual.  In some cases, there may be a reasonable charge associated with retrieving and providing a copy of your personal information to you. If so, we will advise you of this prior to sending your information.

If you request a change or correction of your personal information and we refuse as required or permitted by law, you are entitled to request that a statement be attached to the information recording the correction that was sought but not made.

If you want to check personal information that we hold about you or have any other access or correction requests, please contact us at privacy@boprc.govt.nz.  Please quote your name and address and, if possible, provide brief details of what information you want a copy of (this helps us to more readily locate your information).

11. Changes to this privacy statement

We reserve the right to amend this privacy statement from time to time by posting an updated privacy statement here on this website.  We will collect, use, hold and disclose your personal information in accordance with our most recently updated version of the privacy statement.   We recommend that you regularly review this privacy statement when you visit this website.

If you do not agree with any aspect of the updated privacy policy, you must promptly notify us using the contact details set out below.  

12. Privacy Act

Any reference in this privacy statement to the “Act” is a reference to the Privacy Act 1993 including any amendments, re-enactments or replacements of that Act.

Nothing in this privacy statement affects your rights under the Act.  Further information about the Act and how it protects the personal information of individuals in New Zealand is available from the Office of the Privacy Commissioner website at www.privacy.org.nz.

13. Complaints

If you have any questions or complaints about the handling of your personal information, please contact our Privacy Officer in the first instance using the contact details set out below and we will do our best to assist. 

If you are still not satisfied, you can make a complaint to the Privacy Commissioner.  Further details on how to do this are available from the Office of the Privacy Commissioner website at www.privacy.org.nz.

14. Who can you contact for further information?

If you have any queries about this privacy statement or your personal information that we may hold, please contact our Privacy Officer at:

Email address: privacy@boprc.govt.nz

Postal address: PO Box 364, Whakatāne 3158, New Zealand

 

Other websites that we manage:

www.envdata.boprc.gov.tnz
www.atlas.boprc.govt.nz
www.baybus.co.nz
www.bookings.boprc.govt.nz
cdn.boprc.govt.nz
contacttracing.boprc.govt.nz
kmcg.boprc.govt.nz
monitoring.boprc.govt.nz
maritime.boprc.govt.nz
pwcg.boprc.govt.nz
quaysideholdings.co.nz
rainfallmap.boprc.govt.nz
rcg.boprc.govt.nz
rwap.borpc.govt.nz
www.smartgrowthbop.govt.nz
yap.borpc.govt.nz