Privacy Policy

This Privacy Policy was last updated on 13 September 2023

1. About this Privacy Policy

This Privacy Policy sets out how we collect, store, use and disclose your personal information in accordance with our privacy obligations under the Privacy Act 2020, and your rights to access, correct and delete personal information held about you. It applies to all users of the Website and/or our services and should be read in conjunction with the Terms of Use.

When we say “personal information” we mean identifiable information about you, such as your name, email, address, telephone number and so on.
In this Privacy Policy “we”, “us”, “our” and “40 Foot” collectively refers to 40 Foot Tech Limited and its related companies.

Where a defined term is used in this Privacy Policy, but that term is not defined in this Privacy Policy, then that term will have the meaning given to it in the Terms of Use.

2. Changes to this Privacy Policy

We may amend the terms of this Privacy Policy from time to time and will notify you of any changes by posting an updated version on our website . It is your responsibility to check this Privacy Policy periodically for changes.

Your continued access and use of our Website and/or services following notification of any changes to this Privacy Policy constitutes acceptance of those changes. If you do not agree with any aspect of the updated Privacy Policy, you must immediately cease all use of our Website and services.

3. Information we collect

The Website can be viewed without the need for you to disclose any personal information to us.

If you wish to become a registered contractor/candidate of 40 Foot then you must complete the registration process which requires that you disclose a limited amount of personal information to us.

We may collect, store and use the following times of personal information from you either directly or directly from your use of the Website and/or our services:

• your name, address, email address, and account details (for payments);
• your, skills, qualifications, employment history and experience;
• aggregate technical information, which tracks traffic to the Website, which includes, but is not limited to, your device identifier, server address, IP address, domain (whether you are accessing the Website from New Zealand or elsewhere), the platform you are using, browsers used when accessing the Website (including the version), your search terms, pages accessed on the Website, links that are clicked on, date and time of Website visits, your operating systems, and any other such technical information relating to your use of the Website; and
• any other such personal information that you provide to us through your dealings with us.

Failure to provide necessary personal information when requested may result in certain services (including on this Website) not being available to you.

We only keep your personal information for as long as we require it for the purposes of providing you with our services. Following that period, we’ll make sure it’s deleted.

4. How we collect your personal information

The personal information we collect may be collected in a number of ways, including but not limited to, when you:

• use or browse our Website or make enquiries for or about our services;
• register to use our services or provide services as a contractor/candidate, or otherwise work for or with us;
• communicate with us (including through your interaction with our team by telephone, email, or messages via our Website;
• when we receive any reference about you or as a result of inquiries that we (or our related entities or agents) make of your former employers, work colleagues, and/or professional associations or registrations;
• through cookies (see clause 7 below) ;
• complete online candidate or employer registration forms ; and
• provided by third parties authorised by you.

5. Why we collect your personal information

We may process and use the personal information we collect from you:

• to deliver our services, including but not limited to recruiting, consulting and contracting for services and information required for administration and/or invoicing;
• to place or contract you with one of our employers, customers and/or clients;
• to assess or verify your performance, skills, qualifications and/or experience (including to undertake checks to verify your work rights status, criminal history and any other background checks required for positions we may have available from time to time);
• to respond to your enquiries about us, our Website, or our services;
• to take instructions for our services from you and fulfil those instructions;
• to measure, manage, monitor, develop and improve our Website and/or services (including verifying your identity and assisting you if you forget your log-in information;
• to contact you as necessary, including about any instructions you give, or services you may be interested in;
• to investigate any complaints;
• to send you promotions or special offers from us that we think you may be interested in, including sending electronic messages such as text messages and emails ;
• we may, from time to time, anonymise data and use it in a manner in which you cannot be identified so we can understand how our Website is being used ;
• for any other use that you authorise; and
• to do anything else required or permitted by laws, rules or regulations in New Zealand, including the Privacy Act.

6. When we disclose your personal information

We will not disclose your personal information to any third party unless you have given us permission to do so, in this Privacy Policy or otherwise.

Except as expressly stated in this Privacy Policy, we will only disclose your personal information outside of 40 Foot and its related entities:

• to potential and actual employers, customers and/or clients of 40 Foot where we believe your skills, experience and qualifications are appropriate to meet the needs of those employers, customers and/or clients;
• when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others;
• to comply with any applicable law, regulation, legal process or governmental request;
• enforce our agreements, policies and terms;
• protect the security or integrity of our Website and our related services;
• if we are selling, assigning or transferring any of our assets or business; or
• if it is necessary and appropriate to facilitate the purpose for which your personal information was collected pursuant to this Privacy Policy, or a directly related purpose.

We may also share your personal information with third parties that we engage to perform services on our behalf or assist in providing our services to you, for example third party service providers who provide hosting, maintenance, backup, storage, infrastructure, analysis, marketing, delivery and other services for us. If a third party service provider needs to access information about you to perform services on our behalf, they do so under instruction from us and only use your personal information as required to perform their function (and not for other purposes) and do so in accordance with applicable privacy laws.

7. Cookies and tracking

We may use a “cookie” file, tracking pixels and other related technologies containing information that can identify the computer, smartphone or other web–enabled device that you are working from.

We may use the information generated by cookies, tracking pixels and other related technologies to:

• track traffic patterns to and from the Website including information like the pages you visit, the time you spend on each page, the date and time of your visit, and referring pages (pages you came from or go to); and
• ensure any advertising is being shown to the most appropriate person and limit the frequency of display for certain ad formats.

The browsers of most computers, smartphones and other web–enabled devices are usually set up to accept cookies. If your browser preferences allow it, you can configure your browser to accept all cookies, reject all cookies, or notify you when cookies are set. Each browser is different, so check the “Help” menu of your browser to learn about how to change your cookie preferences. You do not need to have cookies turned on to use the Website in general, but you may need them for any customisable areas that we have now or in the future. Please remember that cookies are often used to enable and improve certain functions on our Website. If you choose to switch certain cookies off, it may affect how the Website works and you may not be able to access all or parts of the Website. 

8. Links to other websites

Our Website may contain links to other websites that are not under our control, and which may not follow the same privacy policies as us. We have no responsibility for the linked websites and provide them solely for your information and convenience only. We specifically disclaim responsibility for their content, privacy practices and terms of use, and we make no endorsements, representations or warranties about their accuracy, content or thoroughness. Your disclosure of personal information to third party websites is at your own risk, and we recommend that you check any relevant privacy policies before providing your personal information to any third party.

9. Storage and security

While we take all reasonable precautions to protect your personal information from unauthorised access, use, modification or disclosure, no data transmission over the internet can be guaranteed to be completely secure. As such, we cannot ensure the security of any information you transmit or receive through our Website and these activities are conducted at your own risk.

If you believe there may have been a privacy breach, please contact us as soon as possible using the contact details provided below.

10. Your rights to access, correct and update your personal information

It is your responsibility to ensure that the personal information you provide is accurate, complete and up-to-date.
You may request access to the personal information we hold about you, request that we update or correct any personal information we hold about you, ask us to restrict or cease processing your personal information or even delete your personal information, by setting out your request in writing and sending it to us at the contact details set out below.

You will not usually have to pay a fee to access your personal information. However, we may charge a reasonable fee where permitted by law if your request is clearly unfounded, repetitive or excessive.

11. Contact us

If you have any concerns about this Privacy Policy, the use or collection of your personal information, or would like to access or request correction of your personal information held by us, please contact us in one of the following ways:

• Postal Address: Level 17, PwC Tower, Commercial Bay, 11-19 Customs Street West, Auckland City 1010
• Email: info@40foot.co.nz
• Phone: +6493007228

12. Privacy Commissioner

If you are not satisfied with our response to any privacy related concern you may have, you can contact the Office of the Privacy Commissioner online at www.privacy.org.nz, or:
Office of the Privacy Commissioner
PO Box 10-094
Wellington 6143, New Zealand
Phone: +64 4 474 7590

Enquiries Line: 0800 803 909