Privacy Statement

PRIVACY STATEMENT FOR FMC NEW ZEALAND LIMITED

 This Statement explains how and when FMC New Zealand Limited collects personal information, what we do with it and your right to see or change it.

At FMC New Zealand Limited, we are committed to respecting data privacy. In handling your personal information, we are also bound by and committed to complying with the Privacy Act 2020 (“Privacy Act”) and the Privacy Principles (“APPs”) (collectively, the “Privacy Law”).

In this Privacy Statement, “FMC”, “we”, “us”, and “our” means FMC New Zealand Limited and each of its related bodies corporate.

We do not use, share or transfer personal information except as set out in this Statement, or as otherwise set out somewhere in this Statement (including in terms linking to this Statement).

By providing personal information to us, you consent to our collection, use and disclosure of your personal information in accordance with this Privacy Statement and any other arrangements that apply between us, for as long as we consider necessary to fulfil the purpose for which such personal information was collected, or as required by relevant laws.  In this context, “collect” or “collection” means gather, acquire or obtain by any means, information in circumstances where the individual is identifiable or identified. 

Personal Information We Collect, Hold and Use

Personal information is any information or an opinion about an identified individual or an individual who can be reasonably identified from the information or opinion. Information or an opinion may be personal information regardless of whether it is true.

We collect information about you and your interactions with us, for example when you register for more information about our products, order any products or services from us or third party merchants, call us, or otherwise visit our website. The information we collect from you may include your identity and contact details, your location, your occupation, your history of purchases, details of enquiries or complaints you make, and any other personal information that may be required in order to facilitate your dealings with us. It may also include financial information, including your credit card information, and your device ID, device type, geo-location information, computer and connection information, statistics on page views, traffic to and from the sites, ad data, IP address and standard web log information.

We will generally collect personal information directly from you.  We may also collect personal information from third parties (including third party data analytic service providers), third-party social-networking sites (including but not limited to Facebook, Twitter, or Google+) and publicly available sources of information.  We may use personal information supplied by you or a third party to source additional personal information from publicly available sources of information.

Occasionally, we may ask you for personal information about other people, for example, your customers or clients, or other authorised representatives in order to provide our products or services.  If you choose to disclose this information to us, you confirm that you have informed these parties that you are providing their personal information to us for the purposes of providing our products and services either directly or by providing such disclosure in your own privacy policy.

FMC may also collect information about how you access, use and interact with the website. Some information may automatically be sent to us by your web browser in order to customise your website experience for your device and reflect your preferences. This information may include:

• the location from which you have come to the site and the pages you have visited;
• technical data, which may include your Internet Protocol (IP) address, the identity of your internet service provider, the types of devices you are using to access the website, device attributes, browser type and version, language, and operating system;
• the date and time of your visit; and
• the pages you visit within our website;
• the Cookie Generated Information.

Purpose for collection of personal information

We collect, hold and use your personal information so that we can:

• provide you with information and updates about our products and services;
• manage our relationship with you;
• contact you, for example, to respond to your queries or complaints, or if we need to tell you something important;
• for internal administrative purposes such as accounting, billing, customer service and product and service reviews;
• comply with our legal obligations and assist government law enforcement agencies or regulators;
• identify and tell you about other products or services we think may be of interest to you; or
• for other purposes to which you, either expressly or impliedly, consent to, and for the purposes set out in this Privacy Statement

We may provide this information to our agents, consultants, contractors, service providers, joint venture and commercial partners and regulatory authorities and may transfer your personal information to others in countries outside New Zealand (including to our related entities in Australia, Singapore and the United States, and those countries that operate our cloud servers outside of New Zealand).

If you do not provide us with your personal information, we may not be able to provide you with our products or services, communicate with you or respond to your enquiries.

How We Collect Your Personal Information

We will only collect personal information by lawful and fair means. We will collect your personal information directly from you whenever you interact with us.

We may also collect your personal information from third parties including where you:

• request, order and/or confirm products/or and services from us and/or any of our related bodies corporate, agents, suppliers, consultants, contractors, distributors and/or merchants;
• communicate with us and/or any of our related bodies corporate, agents, suppliers, consultants, contractors, distributors and/or merchants through correspondence, chats, email, or when you share information with such persons from other social applications, services or websites; or
• interact with the websites, services, content and advertising of us and/or any of our related bodies corporate, agents, suppliers, consultants, contractors and/or merchants.

If we receive unsolicited personal information about or relating to you and we determine that such information could have been collected in the same manner if we had solicited the information, then we will treat it in the same way as solicited personal information and in accordance with the Privacy Law.  Otherwise if we determine that such information could not have been collected in the same manner as solicited personal information, and that information is not contained in a public record, we will, if it is lawful and reasonable to do so, destroy the information or de-identify the information.

Sharing of personal information

We may transfer or disclose your personal information for the purposes described in this Privacy Statement to other persons including as follows:

• to our employees, related bodies corporate, agents, consultants and contractors;
• to our third party suppliers, distributors, merchants and service providers (including providers for the operation of our website and/or our business or in connection with providing products and/or services to you);
• to our professional advisers and agents;
• to payment systems operators (for example, merchants receiving card payments);
• to our existing or potential agents, business partners or partners;
• to our sponsors or promoters of any competition that we may conduct;
• to anyone to whom our assets or businesses (or any part of them) are transferred;
• organisations to whom we outsource functions (including information technology providers, website support service providers, print service providers and mail houses);
• with your consent (express or implied), to specific third parties to receive information held by us;
• specific third parties authorised by you to receive information held by us; and/or
• other persons, including government agencies, regulatory bodies and law enforcement agencies, or as required, authorised or permitted by law (including the Privacy Act).

Without limiting the foregoing, we may disclose Personal Information when we, in good faith, believe disclosure is appropriate to comply with the law, legal process, a court order or a subpoena. We may also disclose Personal Information to cooperate with a government investigation; to prevent or investigate a possible crime, such as fraud or identity theft; to enforce or apply our online terms of use or other agreements; or to protect our own rights or property or the rights, property or safety or use by others.

For the avoidance of doubt:

(a) If the ownership or control of all or part of our business changes, we may transfer your personal information to the new owner.

(b) We may share your Personal Information with other third parties where you have expressly consented to the disclosure or the consent may be reasonably inferred from the circumstances, or where we are otherwise permitted to disclose the information under the Privacy Act.

FMC is part of the FMC Group of companies, which is a global organisation with its corporate headquarters based in the United States. As part of the services offered to you through this website, and during our ordinary business operations, we may disclose your personal information to one or more recipients which are located outside New Zealand. Those recipients are likely to be located in Australia, the United States or America and Singapore. Our servers, databases, and service providers may be located in Australia, the United States of America and/or Singapore.

When you provide your personal information to us, you consent to the disclosure of your information outside of New Zealand and acknowledge that we are not required to ensure that overseas recipients handle that personal information in compliance with the Privacy Law.  Further, the overseas recipient of personal information may be subject to a foreign law that could compel the disclosure of personal information to a third party, such as an overseas authority.  In such case, we will not be responsible for that disclosure.  We will, however, take reasonable steps to ensure that any overseas recipient will deal with such personal information in a way that is consistent with the Privacy Principles.

Direct marketing communications

We may (and each of our respective related bodies corporate, business partners, agents, suppliers, consultants, contractors and/or merchants may) use your personal information to send you direct marketing communications and offer you products and / or services that we believe may interest you, but we will not do so if you tell us not to. These products and services may be offered by us, our related companies, our other business partners or our service providers.

This direct marketing may take the form of emails, SMS, mail or other forms of communication, in accordance with the Unsolicited Messages Act 2007 and the Privacy Law. Where you receive electronic marketing communications from us, you may opt out of receiving further marketing communications by following the opt-out instructions provided in the communication.

We may provide this information to our agents, consultants, contractors, service providers, joint venture and commercial partners and regulatory authorities and may transfer your personal information to others in countries outside New Zealand (including to our related entities in Australia, Singapore and the United States, and those countries that operate our cloud servers outside of New Zealand).

If you do not provide us with your personal information, we may not be able to provide you with our products or services, communicate with you or respond to your enquiries.

Storage and deletion of information

We store most information we receive about you in computer systems and electronic databases operated by either us or our external service providers. Some information about you may be recorded in paper files that we store securely. We implement and maintain processes and security measures to protect personal information which we hold from misuse, interference or loss, and from unauthorised access, modification or disclosure.

These processes and systems include:

• the use of identity and access management technologies to control access to systems on which information is processed and stored;
• requiring employees to comply with internal information security policies and keep information secure; and
• requiring employees to complete training about information.

Your personal information may be transmitted over the Internet once it has been stored in a database and may also be transferred across borders to recipients in foreign countries other than New Zealand, including Australia, Singapore and the United States, and may be stored on servers, using databases or via cloud technology in a number of countries other than New Zealand, including Australia and the United States, where doing so is part of our ordinary business practices relating to the storage of data and where permitted by law.

Where personal information is held with a third party, we will ensure that appropriate technical and organisational measures are in place to protect the security of that information and to ensure that it is managed in accordance with the New Zealand Privacy Law.

We maintain responsibility for your information at all times. As such, we ensure by all reasonable means, any third parties we use are subject to controls which protect your information from unauthorised use and disclosure and limit access and limit their use or disclosure of your personal information to the agreed purpose only.

We will keep your personal information for only as long as is reasonably necessary to achieve the purpose for which we collected it. Where we no longer require the personal information for a permitted purpose, we will take reasonable steps to destroy or de-identify it.

In the unlikely event that there is an unauthorised use or disclosure of your personal information, we will notify you of the Data Breach and will undertake an investigation into how the Data Breach occurred and its likely severity.  As part of this, we will endeavour to work with you and the Privacy Commissioner to limit the impact, and any reoccurrence, of the breach.  If you reasonably believe that there has been an unauthorised use or unauthorised disclosure of your personal information please contact us via the details below.

Statistical information and cookies

Statistical information collected

We may use Google Universal Analytics to collect statistical information about your visit to help us improve the site. This information is aggregated and does not identify you personally. It includes:

• your IP address
• the search terms you used
• the pages you visited on our site and the links you clicked on
• the date and time you visited the site
• the referring site (if any) from which you clicked through to this site
• your operating system, for example Windows, MacOS
• the type of web browser you use, such as Chrome, Internet Explorer or Mozilla Firefox
• ·other things like your screen resolution and the language setting of your browser.

Use of statistical information

The statistical information referred to above can be viewed by site administrators and certain other FMC New Zealand Limited staff. It may also be shared with other FMC companies.

How Google uses data when you use their partners’ sites or apps 

Cookies

FMC may use cookies and other tracking technologies on its websites. A cookie is a small text file that the website may place on your device to store information. We may use persistent cookies (which remain on your computer even after you close your browser) to store information that may speed up your use of our website for any of your future visits to the website. We may also use session cookies (which no longer remain after you end your browsing session) to help manage the display and presentation of information on the website.

FMC may provide the information we gather from cookies to third parties for the above purposes and for other purposes connected with our website. If cookie information is linked with personal information we hold about you as set out above, this cookie information becomes personal information and will be treated in the same manner as the personal information to which it has been linked.

You may refuse to use cookies by selecting the appropriate settings on your browser. However, please note that if you do this, you may not be able to use the full functionality of the website.

Links to Other Websites

For your convenience, this website may contain certain hyperlinks to other FMC websites as well as to websites of external parties. By visiting a linked website, you acknowledge that FMC is providing these links to you only as a convenience and you agree that we are not responsible for the content of such websites, except where we are also the owner and operator of the linked website. We can make no promises or guarantees regarding data collection on the hyperlinked pages and sites that are not owned by FMC. We therefore recommend that you read the privacy notice, statement or notice for each site you visit.

Your rights

Under the Privacy Act 2020, you have the right to access and ask us to correct any personal information you have provided to us.

Contact us if:

• you would like to access or change your personal information FMC New Zealand Limited has stored
• you have any concerns regarding your privacy.

FMC New Zealand Limited may require proof of your identity before being able to provide you with any personal information.

There are some circumstances in which we are not required to give you access to your personal information.

There is no charge for requesting access to your personal information, but we may require you to meet our reasonable costs in providing you with access (such as photocopying costs or costs for time spent on collating large amounts of material). We may also need to verify your identity when you request your personal information.

We will respond to your requests to access or correct personal information in a reasonable time and will take all reasonable steps to ensure that the personal information we hold about you remains accurate, up to date and complete.

Privacy Officer contact details

The Privacy Officer
FMC New Zealand Limited
Phone: 
Email: 

If you have a privacy complaint about FMC New Zealand Limited

If you have any concerns about how FMC New Zealand Limited manages your personal information, you may contact the FMC New Zealand Limited Privacy Officer with the details above.

We will consider your complaint and determine whether it requires further investigation. We will notify you of the outcome of this investigation and any subsequent internal investigation.

If you are not satisfied with our response to any privacy-related concern you may have, you can contact the Privacy Commissioner and make a privacy complaint.

Contact details for the Office of the Privacy Commissioner 

Changes to this Privacy Statement

From time to time, we may change our policy on how we handle personal information or the types of personal information which we hold. Any changes to our Privacy Statement will be published on our website.

You may obtain a copy of our current Privacy Statement from our website or by contacting us at the contact details above.

Last updated on18 July 2022