Delaware North Privacy Policy – New Zealand

WHO ARE WE?

Delaware North is part of the international Delaware North Group, with affiliated companies and operations all around the world (collectively, the “Delaware North Group”).

For the purposes of this Privacy Policy, “Delaware North,” “we,” “us” and “our” refers to Delaware North Companies International Ltd, Delaware North Companies (NZ) Retail Services Limited, Delaware North Companies (NZ) Food Services Limited and other Australian and New Zealand-incorporated companies which are part of the Delaware North Group.

SCOPE AND YOUR CONSENT

This Privacy Policy describes Delaware North's Personal Information handling practices and applies to each and every individual who uses our Website or our Services. In the course of our business we may need to gather and use certain Personal Information about you. This Privacy Policy tells you how we will use and process your Personal Information and the measures we have put in place to ensure its adequate protection. In addition, it explains how you can opt out of certain uses of your Personal Information and what rights and options you have in relation to how we use your Personal Information.

References to "you" and "your" mean those individuals using our Website or Services.

By accepting the terms and conditions when making any booking through our Website or providing us with Personal Information, you will be deemed to have consented to us collecting, using and disclosing your Personal Information (within and outside New Zealand) in accordance with this Privacy Policy.

If this Privacy Policy is not acceptable to you, please do not use our Website or use our Services.

DEFINITIONS

For the purposes of our Privacy Policy:

New Zealand Privacy Principles means the New Zealand Information Privacy Principles set out in Part 2 of the Privacy Act.

GDPR means the General Data Protection Regulation (EU 2016/679).

Health Information has the meaning given under the Health Information Privacy Code 1994.

Personal Information has the meaning given under the Privacy Act, but generally is any information about an identifiable individual.

Privacy Act means the Privacy Act 1993 including the New Zealand Information Privacy Principles and any amendments to the Privacy Act or New Zealand Information Privacy Principles from time to time.

Privacy Policy means this document as amended from time to time.

Related Companies has the same meaning as under the Companies Act 1993.

Services means the services provided by us, including hospitality and food service management, resort management and travel hospitality services.

Social Networking Sites means the social networking sites operated or utilised by us, including Facebook, YouTube and Twitter.

Unsolicited Electronic Messages Act means the Unsolicited Electronic Messages Act 2007.

Website means all websites operated or utilised by us, including (without limitation): http://www.delawarenorth.com/International-Australia-New-Zealand.aspx and www.pinewood.co.nz.

The meaning of any general language is not restricted by any accompanying example and the words 'includes", "including", "such as", "for example" or similar words are not words of limitation.

WHAT PERSONAL INFORMATION DO WE COLLECT AND WHY DO WE NEED IT?

4.1 General

To provide you with our Services, we may need to collect Personal Information about you. We only collect Personal Information to the extent that it is reasonably necessary for one or more of our functions or activities and in accordance with this Privacy Policy. We review our data collection, storage and processing practices to ensure that we only collect, store and process the Personal Information needed in connection with the uses set out in this Privacy Policy.

If you do not provide us with your Personal Information as requested, or if the information is incomplete or inaccurate, we may not be able to provide our Services to you or the standard and quality of those Services may be compromised.

Depending on the nature of the Services we provide to you, the Personal Information we collect may include, without limitation:

your name, email address, telephone numbers and address
certain Health Information that is relevant to the Services that we provide you, for example, if you advise us of any allergies, disabilities or medical issues when making a booking*;
information you provide when you apply for a position with us;
bank and credit card details (including expiry dates);
information on your employer or a professional group to which you belong (e.g. you may disclose that to obtain a discount available to members of that group);
details of family members (e.g. if they are travelling with you);
your username and password if you register an account on our Website;
your personal interests and preferred vacation/leisure destinations; and
information you provide if you book a special package at one of our resorts (e.g. a wedding, honeymoon, couples or 'babymoon' package).

*To the extent that we collect any Health Information about you, we will comply with our obligations under the Health Information Privacy Code 1994 in respect of that Health Information.

4.2 Surveys

From time to time we may post surveys on our Website. The surveys may request demographic information (such as age range, gender, areas of interest and familiarity with us or our products and services) and customer feedback. Participation in these requests is completely voluntary. With each request, you will have the choice of whether or not to disclose certain information. Such survey information will be used to improve the overall experience on our Websites, improve our products and services, and assist us with better understanding our customers.

HOW DO WE COLLECT THE PERSONAL INFORMATION?

5.1 General

We aim to collect Personal Information directly from you, unless it is unreasonable or impracticable to do so in the circumstances, or as otherwise permitted by law. Generally we collect your Personal Information when you complete and submit a form, make inquiries or book with us. We may also collect Personal Information about you, without limitation:

from other members of the Delaware North Group;
from our service providers, including travel agents;
from debt collection agencies if you default in a payment to us;
through our Website and other Social Networking Sites;
from publicly available sources of information;
when we are required to do so by law; or
when you enter a competition or promotion with us, participate in a survey, or register to receive information on us or any of our Services.

If at any time you supply Personal Information to us about any other person (e.g. another person travelling with you or a photo you post on a Social Networking Site), you represent and warrant (and we accept that information on the basis) that:

(a) without us taking any further steps as required by the Privacy Act or the GDPR, we may collect, use and disclose such Personal Information for the purposes set out in this Privacy Policy; and

(b) you are authorised to provide us with such Personal Information and that the relevant person has consented to the disclosure to us.

5.2 Our Website

We collect aggregate information about you and your use of our Website whenever you visit us online. This includes various forms of 'click stream' information, e.g. entry and exit points for our Website, your IP address, site traffic statistics, page views, impressions, operating system and browser type.

We also use third-party software that tracks access to our Website from affiliated websites and purchases that result from this access. This aggregate information generally will not identify you.

We may collect, compile, store, publish, promote, report, sell, or otherwise disclose or use any and all aggregated or de-identified information that does not contain Personal Information.

5.3 Job applications

If you apply online for a position with us, we will collect Personal Information from your resume, accompanying application documentation and during any other parts of the recruitment process.

The Personal Information will be used only for considering your application for the posted position (or other relevant positions). If you are successful, the information you provide (including Personal Information) will form part of your employment records.

5.4 CCTV and other imaging

For security purposes we have CCTV cameras and other similar imaging equipment in some of our locations and your image may be recorded. By entering any of our locations, facilities or premises, you consent to us recording your image.

HOW DO WE USE YOUR PERSONAL INFORMATION?

In addition to any other purposes set out in this Privacy Policy, we may use the Personal Information we collect to:

process your inquiries;
provide our Services and other services, including the use of a third party service provider;
process payments;
process an application for a position with us;
respond to medical emergencies;
develop and improve our Services;
comply with our contractual and legal obligations and to protect and enforce our legal rights;
verify your identify and respond to your correspondence when you submit comments, questions or suggestions to our customer service department;
protect and defend our, or our employees’, users’ and clients’ rights or property including against fraudulent or unlawful use of our Website or Social Networking Sites;
to create a convenient and easy-to-use online reservation service or shopping process including an online “shopping cart” that allows you to track selected services or products and proceed through purchase; and
advise you of additional services, offers, promotions, or information which may be of interest to you.

DISCLOSING PERSONAL INFORMATION

We will not disclose your Personal Information unless we believe on reasonable grounds that the disclosure is for one of the purposes in connection with which the information was obtained, or is directly related to one of the purposes in connection with which the information was obtained, as set out in this Privacy Policy. Such purposes may include disclosing your Personal Information to third parties in certain circumstances as follows:

if you agree to the disclosure;
for the purpose for which it was collected, e.g. to provide you with Services;
where you would reasonably be expected to consent to information of that kind being passed to a third party;
where disclosure is required or permitted by law, by court order or to investigate suspected fraud or other unlawful activity;
where it is required to be disclosed for audit purposes;
to the Delaware North Group for our internal business requirements;
as is necessary to process credit card payments or other purchasing or delivery systems;
if disclosure will prevent or lessen a serious or imminent threat to someone's life or health;
in conjunction with the sale to a third party of a Delaware North Group entity or a portion of our assets;
where we believe disclosure is reasonably necessary for one or more enforcement related activities conducted by, or on behalf of, an enforcement body; or
as otherwise permitted by law.

MARKETING

8.1 General

We may use and disclose your Personal Information (other than Health Information) to provide you with information on offers, promotions, products and services offered by the Delaware North Group if you expressly consent to us doing so. We may also provide you with information on other products and services offered by Delaware North Group, its partners or affiliates.

You may elect not to receive direct marketing communications from us by following the opt out instructions below or via the link on any electronic message that we send you. Please note that even if you have requested not to receive further direct marketing communications, we may nevertheless continue to provide you with information about changes to our terms and conditions for the supply of goods or services, questionnaires and other factual information, as permitted under the Privacy Act and Unsolicited Electronic Messages Act.

8.2 Tracking Tools

'Cookies' are pieces of information stored within your computer’s or device’s internet browser that automatically identify your browser to our server whenever you interact with our Website. We use cookies to help us understand the content that you are shown while visiting our Website. We may combine information which we obtain through the use of cookies with other information, including a unique identifier we have assigned to you, with information we obtain from third party sources.

We use browser-based cookies, users' IP addresses and other technologies such as 'pixel tags', 'web beacons,' 'clear GIFs' or similar technologies to help us and third parties obtain information about your visits to our Website, deliver online and mobile ads and content for us and others specific to your interests, process your purchases or requests, or to analyse your visiting patterns, measure the effectiveness of our and others’ advertising, monitor traffic patterns on our Website, and to optimize and enhance your online experience on our Website.

You may customize your browser settings to notify you when a cookie is sent or to disable cookies altogether. The 'Help' feature on your browser should include instructions on how to make these adjustments.

If you block or otherwise disable cookies, certain features on our Website may not function properly and you will not be able to hold selections in a shopping cart when you leave our Website without checking out, or use any of our Services that require you to sign in. Some of the tracking we have described may continue even if you disable or block cookies.

8.3 Interest-Based Online Ads

From time to time we may engage in interest-based advertising provided by third party vendors to deliver advertisements and personalized content that may be of interest to you. Ads may be delivered to you based on your online or mobile behaviour (on our Website and other websites), your search activity, your geographic location or other information. For example, if you make a reservation on our Website, you may later see our ad on another website or on mobile platforms. You may also see third-party ads on our Website, other websites, or mobile apps, based on your visits to and activities on our Website, other websites and mobile apps.

More information on interest-based advertising and opting out is available at http://www.aboutads.info/

8.4 Opting out

If at any time you no longer wish to receive any additional marketing or survey material from us or do not want your information disclosed for direct marketing or survey purposes, contact our Privacy Officer using the details in paragraph 15 below and we will remove your details from our marketing database. Alternatively, you can opt out using the function in any electronic marketing communication or survey material sent from us.

STORAGE AND DISCLOSURE OF PERSONAL INFORMATION OFF-SHORE

As we are an international organisation, Personal Information you provide to us may be transferred, processed, used or stored, by Delaware North Group members' and/or its vendors’ or other third party service providers in countries other than the jurisdiction in which your Personal Information was collected, including the United States and Australia.

While Delaware North has suitable contracts and privacy rules in place to protect your Personal Information, the overseas recipient may not be subject to privacy obligations and laws equivalent to the Privacy Act or the New Zealand Information Privacy Principles.. The overseas recipient may also be subject to a foreign law which could compel disclosure of Personal Information to a third party, for example, an overseas authority.

If you access another Delaware North website or a partner or service website (e.g. accommodation bookings, airline) from our Website, you may be transferring to another country and to a website over which we have no control and take no responsibility. If you provide Personal Information using another Delaware North website or a service website, you do so subject to the privacy laws (if any) in that jurisdiction and the privacy policy of that third party.

Similarly, if you request us to assist you with other goods or services, we may (with your express consent) disclose your Personal Information to our agents, contractors, service providers and program partners who are located overseas when arranging or making inquiries in respect of those goods or services. Where you provide such consent, any Personal Information that we share with such agents, contractors, service providers and program partners will be governed by the privacy laws in the jurisdiction in which they operate and their own privacy policy.

If you have any concerns regarding the transfer of your Personal Information overseas, or if at any time you wish to withdraw your consent, please contact our Privacy Officer using the details in paragraph 15 below. However, please note that if you withdraw your consent we may not be able to provide the Services you have requested in whole or in part or those Services may be compromised or otherwise not function properly.

CONSIDERATIONS WHEN YOU SEND INFORMATION TO US ELECTRONICALLY

While we take such steps as are reasonable in the circumstances to protect your Personal Information from misuse, loss, unauthorised access, modification or disclosure, including investing in security software, no data transfer over the internet is 100% secure.

The open nature of the internet is such that information exchanged via the internet may be accessed and used by people other than those for whom the data is intended. If you send us any information, including (without limitation) Personal Information, it is sent at your own risk.

Please be aware that we provide links to third-party websites as a service to our users, and that we are not responsible for the content or information collection practices of those pages. Please note that these websites' privacy policies may differ from our Privacy Policy. We encourage you to review and understand their privacy practices before providing them with information.

Similarly, if you access a partner or service website (e.g. hotel, airline) from our Website, you do so and provide Personal Information in accordance with the terms and conditions, and the privacy policy, under which the provider of that website operates.

CONSIDERATIONS WHEN YOU PARTICIPATE IN ON-LINE FORUMS

Our Website may have chat rooms, discussion boards, online forums and other interactive technologies that allow individual comments and messages to be tied to a user's name or e-mail address.

Any information you post in such forums is public information and Delaware North cannot control what use third parties may make of Personal Information you share in such forums. You should exercise caution before disclosing any Personal Information on on-line forums.

SECURITY

We endeavour to keep our information systems and files secured from unauthorised access. Our procedures to securely store Personal Information include electronic and physical security measures, staff training and use of password protection software.

In the event of a security breach leading to accidental loss, disclosure or access to your Personal Information, we will comply with all our Privacy Act and GDPR obligations including notifying you of such breach where required by law to do so.

When the Personal Information we collect is no longer required, we will remove or de-identify the Personal Information as soon as reasonably possible. We may, however, retain Personal Information for as long as is necessary to comply with any applicable law, for the prevention of fraud, for insurance and governance purposes, in our IT back-up, for the collection of any monies owed and to resolve disputes.

YOUR RIGHTS REGARDING YOUR PERSONAL INFORMATION

You may:

withdraw any consents given in relation to the handling by us of your Personal Information;
request access to your Personal Information;
request that we correct Personal Information that is inaccurate or out of date; or
request that we delete certain Personal Information

by contacting our Privacy Officer using the details in paragraph 15 below. We will take reasonable steps, consistent with our obligations under the Privacy Act and, where relevant, the GDPR, to correct or update that information if you so request. For security purposes, before we provide you with any Personal Information, we will ask you to provide evidence of your identity.

You may request the source of any Personal Information we collect from a third party. We will provide this at no cost, unless under the Privacy Act or other law there is a reason for this information being withheld.

If you are located in a European Union Member State in which we offer goods or services, to the extent we are subject to the GDPR, you may request that we delete certain Personal Information or transfer your Personal Information to another organisation.

If there is a reason under the Privacy Act or other law for us not to provide you with any of your Personal Information, we will give you a written notice of refusal setting out the reasons for the refusal (except to the extent it would be unreasonable or unlawful to do so) and advise you of the mechanisms available to you to complain about the refusal.

CHANGES TO OUR PRIVACY POLICY

This document sets out our current Privacy Policy, last updated 3 September 2018.

We may change or update parts of this Privacy Policy in order to maintain our compliance with applicable law and regulation or following an update to our internal practices. We will provide you with reasonable notice of any significant changes which may impact you by posting the revised version of the Privacy Policy on our Website, or as otherwise required by law. You will not necessarily be directly notified of any minor changes to the Privacy Policy. Therefore, please ensure that you regularly check this Privacy Policy so you are fully aware of any changes or updates.

CONTACT INFORMATION

15.1 When to contact us

You can contact us to:

withdraw any consents given in relation to the handling by us of your Personal Information;
request access to your Personal Information;
request that we correct Personal Information that is inaccurate or out of date; or
request that we delete certain Personal Information (to the extent that we are subject to the GDPR and you are an EU data subject).

You should also contact us immediately if you believe:

someone has gained unauthorised access to your Personal Information;
your username or password have been compromised (in which case you should also immediately change your password);
you have a complaint in respect to the way we are dealing with your Personal Information; or
you believe we have breached our privacy obligations or your privacy rights in any way.

15.2 Contact details

If you would like further information on our Privacy Policy or if you have any concerns or complaints over the protection of the Personal Information you have given to us or that we have collected from others, please contact us by contacting our Privacy Officer at:

Mail: Level 2, 630 Church Street, Richmond, Victoria 3121

Email: pwitchen@delawarenorth.com

More information about your rights and our obligations in respect to privacy and information on making a privacy complaint are available from the Office of the Privacy Commissioner at:

Website: www.privacy.org.nz

Post: PO Box 10 094, The Terrace, Wellington 6143

Email: investigations@privacy.org.nz