New Zealand Medical and Scientific Ltd (“NZMS”) respects the privacy of individuals and is committed to protecting personal information that individuals provide. NZMS is further committed to complying with the Privacy Act 2020 (the Act) and the Health Information Privacy Code 2020 (the Code). This document sets out when and how NZMS will collect, hold, use and disclose an individual’s personal information, as well as how an individual may contact NZMS in relation to their personal information or in order to make a complaint about a breach of privacy.
1. What personal information may be collected
1.1 Personal information is defined by the Act as information about an identifiable individual. Examples of personal information might include an individual’s name, address, phone number, email address, medical records, family details or any other information from which an individual could reasonably be identified.
1.2 NZMS may collect a variety of personal information relating to the provision of its products and services. Examples of personal information which NZMS regularly collects include an individual’s:
(c) date of birth;
(d) family details, including personal information relating to, or about, an individual’s next of kin;
(f) financial details for the purposes of providing products; (g) opinion about NZMS’s products; or
(h) other personal information particular to a specific individual to allow NZMS to tailor its products or services to that individual.
1.3 In addition to the above, NZMS may collect health information about individuals. NZMS will generally only collect health information which relates to an individual in relation to the products and services that NZMS supplies.
2 Collection of Personal Information
2.1 NZMS will generally only collect personal information which relates to the provision of medical products and services to its clients. While this personal information will usually relate to clients themselves, it may, from time to time, be necessary for NZMS to collect personal information about individuals who are not clients, for example next of kin or a customer’s medical practitioner, to ensure that it is able to effectively provide its products and services. In such cases NZMS will only collect the minimum amount of personal information required to facilitate the provision of its products and services.
2.2 Wherever reasonable and practicable NZMS will collect personal information from the individual to whom it relates, however, in some cases this may be impracticable, or the information may be held by a third party. Common examples of these situations may include:
(a) medical records held by an individual’s current or previous health care provider;
(b) financial records held by an accountant, accident compensation corporation or health insurer; or
(c) next of kin details.
In such circumstances NZMS will take reasonable steps to obtain the individual’s consent to the collection of their personal information, or failing such, will undertake to notify the individual of the collection, where it is reasonable and practicable to do so.
2.3 If an individual is required to register in order to use NZMS’s website or to otherwise complete an online application form (e.g. to obtain e-mail updates) then NZMS will collect personally identifiable information about the individual, such as their name, e-mail address, country of residence and other information which they voluntarily submit.
2.4 While an individual may choose not to provide personal information to NZMS, failure to do so may hamper the provision of products or services. In some case failure to provide personal information may result in NZMS being incapable of providing products or services to a particular individual at all.
3. Use and Disclosure of Personal information.
3.1 NZMS uses personal information for the purpose of, or in relation to, providing medical products and services to individuals. Examples of uses may include, but are not limited to:
(a) assessing an individual’s potential requirements for NZMS’s products;
(b) corresponding with an individual regarding the products being provided, including regarding the individual’s satisfaction with the products;
(c) tailoring NZMS’s products to an individual’s needs.
3.2 NZMS may also use or disclose personal information in accordance with the approvals you have granted and are required to obtain in our terms of engagement, in the following circumstances:
(a) where an individual has given consent;
(b) where required in order to provide an individual with the products and/or services they requested (for example to a courier company);
(c) where use or disclosure is required or authorised by law; or
(d) to a foreign person or entity which may not be required to protect the information in the way that provides comparable safeguards to the Act.
3.3 Further to the uses above NZMS may use or disclose personal information in relation to applying for appropriate government subsidies or grants available to it. Wherever reasonable and practicable NZMS will either limit the personal information disclosed to that which is absolutely necessary or will undertake to de-identify the information prior to its disclosure.
3.4 NZMS is committed to the appropriate use of health information. Wherever possible NZMS will only use health information about an individual with the individual’s consent. Situations where health information may be used without consent may include facilitating the provision of emergency medical treatment or where use or disclosure is required by law or to a foreign person or entity which may not be required to protect the information in the way that provides comparable safeguards to the Act.
3.5 From time to time NZMS may disclose personal information to a variety of third parties in relation to the provision of products to individuals. Potential third party recipients may include:
(a) ZMS’s legal and financial advisers;
(b) NZMS’s Insurers;
(c) Medical or dental practitioners;
(d) An individual’s family or next of kin;
(e) Government agencies, including as outlined in point 3.2;
(f) Any third party with a lawful entitlement to the information;
(g) To a foreign person or entity which may not be required to protect the information in the way that provides comparable safeguards to the Act.
Whenever NZMS discloses personal information to a third party it will take steps that are reasonable and practicable in the circumstances to either:
(i) limit the disclosed personal information to the minimum required to fulfil the purpose of the disclosure; or
(ii) de-identify the personal information prior to disclosing it to a third party.
3.6 An individual may agree to provide their personal information directly to third parties in connection with NZMS offerings, in order to access and/or use the third party’s products and/or services. If an individual agrees to provide such information to these third parties, then their personal information will be subject to the third party’s privacy policies.
4. Overseas Recipients
4.1 It may be necessary for NZMS to provide personal information to its suppliers for warranty purposes which may include the provision of information to persons or entities outside New Zealand. In such cases the provisions of clause 4.2 will apply.
4.2 Prior to disclosing personal information to an overseas recipient NZMS will generally either seek your consent or use reasonable endeavours to ensure that the recipient entity is bound by restrictions on the use of personal information that are adequate for the protection of such information. In addition, wherever reasonable and practicable NZMS will either limit the personal information disclosed to that which is absolutely necessary or will undertake to de-identify the information prior to its disclosure. As part of our terms of engagement with you, you and your relatives, next of kin and other relevant persons acknowledge and accept that from time to time, information may be disclosed to a foreign person or entity, and such entities may not be required to protect the information in the way that provides comparable safeguards to the Act, and you expressly acknowledge this possibility and nevertheless authorise us to disclose personal information to such foreign persons or entities as necessary.
5. Direct Marketing
5.1 NZMS does not sell, trade or transfer personal information to third parties for the purposes of direct marketing.
5.2 NZMS may from time to time use personal information, including health information, to notify individuals of changes to products provided to that individual, or to bring to that individual’s attention new or additional products which may be beneficial to them. All such communications will include an option for the recipient to opt out of receiving any future direct marketing.
6.1 NZMS is concerned with the security of your Personal Information and is committed to taking reasonable steps to protect it from unauthorized access and use. To that end, NZMS has put in place appropriate physical, electronic and managerial policies and procedures to secure personal information. These policies and procedures include, but are not limited to:
(a) storing any electronic information on password protected and secure servers;
(b) ensuring any physical copies of personal information are kept in a secure area which is not open to unauthorised access;
(c) requiring NZMS employees to enter into confidentiality agreements requiring they ensure the security of personal information; and
(d) ensuring that any access to personal information by NZMS employees is limited to those employees with a need to know that information for the provision of products to the relevant individual;
6.2 Personal information may be retained for 7 years or such other period as the information may reasonably be expected to be required or useful to you or may be required to be retained by taxation or other laws.
7. Accuracy of Personal Information
NZMS is committed to ensuring that all personal information held is accurate, complete and up-to-date. To that end NZMS may from time to time contact individuals directly for the purposes of verifying their information.
8. Access to and Correction of Personal information
8.1 Individuals have a right to know what of their personal information NZMS holds. Individuals may request this by contacting NZMS’s Privacy Officer by the following methods:
Phone: 09 259 4062
Mail addressed to:
New Zealand Medical & Scientific Ltd PO Box 132400
8.2 When requesting access or correction of personal information NZMS will require an individual to verify their identity by reference to their personal information. In some circumstances it may be necessary for an individual to visit NZMS’s location to properly verify their identity before access to personal information can be granted.
8.3 While NZMS will attempt to respond to a request for access to personal information in a timely manner, given the wide array of NZMS’s products provided, it may take some time to collect an individual’s personal information and make it available. Individuals can help to minimise delays by providing details of what information they require access to, how and when they have provided information to NZMS in the past and the general nature of any dealings between them.
8.4 When a request for information is received, NZMS will endeavour to provide an accurate estimate of the time it may take to comply with the request, however, compliance with this timeframe is not guaranteed.
8.5 Generally NZMS will not charge a fee to grant an individual access to their personal information, however in the case of requests for old or particularly voluminous information it may be necessary for NZMS to charge a reasonable fee, commensurate with the work required to comply with the request. However, there will be no fee charged in relation to the making of the request for access itself.
8.6 While NZMS will generally comply with an individual’s request for access to personal information about them, NZMS does have the right under the Act to refuse access in certain circumstances. In the event that access is refused NZMS will, where reasonable, provide reasons for the refusal, along with alternative methods which may allow access.
8.7 In addition to requesting access to personal information individuals may request that NZMS correct any personal information held about the individual. Once the individual’s identity has been verified NZMS will take reasonable steps to correct their personal information.
9. Anonymity and Pseudonymity
NZMS will generally be unable to provide products to a particular individual without confirming their identity. NZMS will be able to discuss its products in a general nature, including costs and charges which it might ordinarily charge for those products, prior to obtaining an individual’s identity. Until such time as NZMS has been provided sufficient information to provide a detailed quotation or outline of products to an individual any communication will be general in nature and will not be binding upon NZMS.
10.1 If an individual wishes to make a complaint about NZMS’s collection, use or disclosure of any personal information, or about any potential breach of the Act or the Code, the individual may contact the Privacy Officer by use of the contact details at the end of this document.
10.2 When making a complaint an individual should include as many details as possible, including the nature of the personal information concerned, how it is believed to have been misused, which provision of the Act or Code is believed to have been breached (if relevant), the details of any NZMS employee or representative involved and any other information which may be relevant. The Privacy Officer may request additional information to enable the Privacy Officer to properly investigate the complaint and take such reparatory action as necessary.
10.3 Once a complaint is received the Privacy Officer will investigate the circumstances of the complaint and determine whether a misuse of personal information has occurred and if so, how it may be rectified and whether/what action should be taken in relation to any NZMS employee or representative involved, and whether serious harm has occurred which triggers the privacy breach notification regime under the Act. NZMS will endeavour to keep the individual informed regarding the process of their complaint and any action taken.
10.4 Should an individual not be satisfied with NZMS’s handling of their complaint then NZMS will generally agree to the complaint being referred to mediation and/or arbitration. Should the matter remain unresolved then an individual is entitled to refer their matter to the Office of the Privacy Commissioner in New Zealand.
Cookies are small files which are sent to an individual’s web browser and stored on their computer’s hard disk. If an individual is required to register to use NZMS’s website, then cookies will be created and transferred to their hard disk upon first registration. Cookies are subsequently used to identify the individual’s computer and allow repeated access to the website without having to re-register each time. The cookie is used purely to speed up an individual’s access to the website and the information they wish to see. The majority of web browsers accept cookies, but individuals can usually change the browser settings to prevent the transfer, though some functionality may be lost.
Phone: 09 259 4062,
Mail addressed to:
New Zealand Medical & Scientific Ltd PO Box 132400
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