Identifiable Information' (PII) is being used online. PII, as described in the New Zealand Privacy Act
19931, controls how 'agencies' collect, use, disclose, store and give access to personal information.
The Privacy Act applies to almost every person, business or organisation in New Zealand. This is information
that can be used on its own or with other information to identify, contact, or locate a single person,
of how we collect, use, protect or otherwise handle your Personally Identifiable Information in accordance
with our website.
What personal information do we collect from the people that visit The Baughman’s Bees website?
When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, mailing address, phone number, credit card information, or other details to help you with your experience.
When do we collect information?
We collect information from you when you register on our site, place an order, subscribe to a newsletter, or enter information on our site.
How do we use your information?
We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
To personalize your experience and to allow us to deliver the type of content and product offerings in which you are most interested.
To administer a contest, promotion, survey, or other site feature.
To quickly process your transactions.
To send periodic emails regarding your order or other products and services.
To follow up with them after correspondence (live chat, email, or phone inquiries)
How do we protect your information?
Our website is examined on a regular basis for security discrepencies and vulnerabilities in order to make your visit to our site as secure as possible. We use an SSL certificate. SSL Certificates2 are small data files that digitally bind a cryptographic key to an organization’s details. When installed on a web server, it activates the padlock and the https protocol and allows secure connections from a web server to a browser. Typically, SSL is used to secure credit card transactions, data transfer and logins, and more recently is becoming the norm when securing browsing of social media sites.
Do we use 'cookies'?
Help remember and process the items in the shopping cart.
Understand and save user's preferences for future visits.
Keep track of advertisements.
Compile aggregate data about site traffic and site interactions in order to
offer better site experiences and tools in the future. We may also use trusted
third-party services that track this information on our behalf.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since each browser is a little different, look at your browser's Help Menu to learn the correct way to modify your cookies.
If you turn cookies off, some of the features that make your site experience more efficient may not function properly. It won't affect the user's experience that make your site experience more efficient and may not function properly.
We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information unless we provide users with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also release information when it's release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property or safety.
However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Third-Party Payment Processor
Google's advertising requirements can be summed up by Google's Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en
We use Google AdSense Advertising on our website.
We have implemented the following:
Remarketing with Google AdSense
Google Display Network Impression Reporting
Demographics and Interests Reporting
We, along with third-party vendors such as Google use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data regarding user interactions with ad impressions and other ad service functions as they relate to our website.
Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising Initiative Opt Out page or by using the Google Analytics Opt Out Browser add on.
The New Zealand Privacy Act 19933
The Privacy Act has been setting the boundaries for our right to privacy since 1993. The Act mainly deals with the collection and disclosure of personal information. We explain the basic principles of the Act and its limitations, describe the complaints process, and look at ways in which the Act could be improved.
What the Act covers
The Privacy Act 1993 deals mainly with the collection and disclosure of personal information. It’s more about information privacy than other aspects of privacy. The Act has 12 principles that stipulate how information can be collected and used, and people’s rights to gain access to that information and ask for it to be corrected.
Principle 1: Purpose of collection of personal information.
An agency may only collect personal information where it is needed to perform a function or activity of the agency.
Principle 2: Source of personal information. The agency must collect the information directly from the person concerned. There are exceptions: for example, where the person agrees otherwise, or where the information is publicly available.
Principle 3: Collection of information from subject.
The agency must take all reasonable efforts to ensure the person is aware that the information is being collected, what it will be used for, the recipients of the information, whether the supply of the information is voluntary or mandatory, the consequences of not providing the information and the person’s rights of access to and correction of the information.
Principle 4: Manner of collection of personal information.
Personal information must not be collected in an unlawful, unfair or intrusive fashion.
Principle 5: Storage and security of personal information.
The agency must ensure the information is protected against loss, misuse, or unauthorised disclosure.
Principle 6: Access to personal information.
Where the information can be readily retrieved, the individual is entitled to confirmation of whether the information is held, and to have access to it. There are exceptions, for example, where disclosure would prevent detection of a criminal offence, or would involve a breach of someone else’s privacy.
Principle 7: Correction of personal information.
Individuals may request correction of information held. Where this is not agreed to by the agency, the individual may request that the information is tagged with a statement that the correction was sought and was refused.
Principle 8: Accuracy of personal information to be checked before use.
The agency must not use the information without taking reasonable steps to ensure it is accurate, up-to-date, complete, relevant and not misleading.
Principle 9: Agency not to keep personal information for longer than necessary.
The agency must not keep the information for any longer than it is needed for the purposes for which it was collected.
Principle 10: Limits on use of personal information.
Information collected for one purpose must not be used for any other purpose. There are exceptions: for example, where the agency reasonably believes the individual has authorised the further use, or that the information was from a publicly available publication.
Principle 11: Limits on disclosure of personal information.
The information must not be disclosed except in certain situations. These include where the disclosure is directly related to the purpose for which the information was collected, where the source of the information is a publicly available publication, and where the disclosure is authorised by the individual concerned.
Principle 12: Unique identifiers.
An agency must not assign a unique identifier to an individual unless doing so is necessary for the agency to carry out its functions efficiently. Where doing so is necessary, agencies must not use a unique identifier that has been assigned to that individual by another agency (the only exception is for certain taxation purposes).
Who it applies to
The Act covers government agencies, local councils, businesses, and individuals. There are some exceptions – for example, the news media, members of parliament, the Governor General, ombudsmen, and the courts are not covered by the Act.
The privacy law doesn’t just apply to clients and customers – all personal information is covered, including information about employees. All organisations are required to have a privacy officer to deal with privacy issues.
The Privacy Commissioner’s role
The Privacy Commissioner provides advice and education on privacy, investigates complaints, evaluates new legislation that may impinge on an individual’s rights, reviews data-matching programs, and issues codes of practice.
Codes of practice cover specific industries, agencies, activities, or types of personal information. Codes often adapt the provisions of the Act to a particular circumstance, group of organisations or type of information.
Two codes that most affect the lives of consumers are the Credit Reporting Privacy Code and the Health Information Privacy Code. Information about both these codes is on the Privacy Commissioner’s website.
Limitations of the Act
As the Privacy Act is a principle-based system, it is not enforceable in court. An aggrieved individual must make a complaint (see below) to the Privacy Commissioner alleging an “interference with privacy”. The Commissioner has no powers to fine or prosecute anyone or order an organisation to pay compensation.
There is an important exception – principle 6 (Access to personal information) is enforceable in court if it relates to personal information held by a public sector agency.
The Privacy Act can’t override other Acts that authorise or require personal information to be made available. Where it comes into conflict with the provisions of another Act, the other Act takes precedence. For example, schools must work within the Education Act. If the Privacy Act conflicted with the Education Act, the Education Act would override the Privacy Act.
Making a complaint
A breach of a principle or code of practice is an “interference with privacy” if, in the opinion of the Privacy Commissioner, the breach reaches the legal threshold.
“Interference with privacy” is a legal term that involves two aspects. First, there must be a breach of the law and second, there must be some harm that arose from it.
The complaints system
If you feel your privacy has been breached, ask to speak to the privacy officer of the organisation concerned.
If you don’t get a satisfactory response, you can complain to the Office of the Privacy Commissioner (OPC). The Office may ask you to fill out a complaint form. The form asks how you think your privacy has been breached and which principles or rules have been breached.
The OPC will investigate your complaint and form an opinion as to whether the breach is an “interference of privacy”. If your complaint has substance, the OPC will attempt to secure a settlement through mediation.
If your complaint is unable to be settled, the OPC can refer the complaint to the Director of Human Rights Proceedings. The director considers whether proceedings can be brought and if so will act for the plaintiff.
An individual can also initiate proceedings to the Human Rights Review Tribunal if the director does not consider the claim has substance. If the Tribunal believes there is an “interference with the privacy” of an individual it is able to grant a range of remedies. The Tribunal can award damages to an individual of up to $200,000. The highest award so far has been over $168,000.
If you are still dissatisfied, there is a general right of appeal to the High Court.
Privacy Act reform
The Law Commission has noted that while the complaints system is generally working well there are measures that could be incorporated to improve the efficiency and effectiveness of the system.
Proposed measures include removing the legal test of “interference of privacy” and replacing it with a simple breach of the Act. As it stands there may be cases with merit which are not getting through this filter.
It’s also proposed that the Privacy Commissioner be given power to determine complaints under principle 6 (access to personal information), with the Tribunal of Human Rights as an appeal body; and that the role of Director be removed.
We support any change that will streamline the complaints procedure and promote easy access for an individual to make a complaint and seek redress.
The current system is geared towards individual dispute resolution. It’s a reactive system, relying on the complaints process to enforce compliance with the principles. It’s effective for individual settlement git add but doesn’t address issues within a particular organisation or wider industry practice.
The Law Commission has proposed several reform options that would allow the Privacy Commissioner to take more proactive steps to ensure compliance within an organisation or wider industry .
Two key proposals were submitted:
Compulsory audits. A provisional proposal that the Privacy Commissioner be given mandatory audit powers. This would allow the Commissioner to be more proactive in promoting compliance with the Act rather than relying on the complaints process. It would also provide an incentive for agencies to maintain compliance. Priority would be given to areas such as the public sector, credit reporting and health information systems.
Enforcement notices. The Law Commission proposed allowing the Commissioner to issue binding enforcement notices. The Commissioner would identify a breach of the Act and then require the agency to comply .
In 1997 we suggested the Privacy Commissioner should have the power to make binding orders. We stand by this recommendation. We strongly support the proposal to grant compulsory audits and give more enforcement power to the Privacy Commissioner.
The Privacy Act doesn’t provide any specific controls on direct marketing but the general principles will apply. In order for the Act to regulate direct marketing it partly hinges on whether the marketing approaches are based on the use of “personal information”.
It’s important to note that information such as a telephone number, physical address or an email address is not necessarily “personal information” unless it’s linked to other information in which an individual becomes identifiable. Marketing companies can also get around this by generic consent at the time personal information is collected.
The Act will not directly apply if information is publicly available or it was collected for marketing purposes.
Aside from the Privacy Act, the Marketing Association of New Zealand has developed a code of practice. This code established a “Do Not Call” register to which 44,000 people now belong. This register is said to decrease the number of unwanted, unsolicited phone calls that consumers receive from organisations. It is confined to direct marketers who are members of the Association. See our Telemarketing report for more information.
If you consider direct marketing is impacting on your informational privacy, contact the Office of the Privacy Commissioner and make a complaint.
The Law Commission has identified a range of proposals to address the issue of direct marketing and informational privacy. We support the call for a government-administered “Do Not Call” register. This would be more visible, proactive, and, importantly, independent of the marketing industry.
Data breach notification
A data breach is unauthorised access or use of personal information. Breach notification is the practice of notifying affected individuals when personal information has become available to unauthorised parties.
There have been some high profile data breaches.
The Treasury lost a CD in the post that contained personal and company tax details of numerous individuals.
The website of mobile phone company 2degrees suffered teething problems making it possible to see the personal details of previous visitors to its site.
Massey University’s intranet suffered a fault potentially exposing sensitive student information to anyone who accessed the site.
Data breach law
Holders of personal information are under no legal obligation to notify individuals or the Privacy Commissioner when an individual’s personal information is compromised. However, failure to notify would be taken into account by the Privacy Commissioner if a complaint was received.
There are strong arguments in support of making data breach notification mandatory. An individual who is notified will be able to take measures to ensure the negative effect of the breach is controlled or mitigated.
Information such as medical records and financial information is inherently sensitive. If people were notified of a breach they could take steps such as changing bank account details and passwords.
As notification is currently voluntary it makes it difficult to determine which firms and industries are the worst at protecting information. Mandatory notification would enable the collection of this type of data and allow areas of concern to be identified.
Voluntary notification may also act as a disincentive for organisations to notify individuals. By not contacting the affected individuals, organisations avoid exposure to liability, insurance consequences and damage to reputation.
Mandatory data breach notification would encourage organisations to increase the protection of personal information.
Users can visit our site anonymously.
Can change your personal information:
• By emailing us
Does our site allow third-party behavioral tracking?
It's also important to note that we allow third-party behavioral tracking
COPPA (Children Online Privacy Protection Act)
When it comes to the collection of personal information from children under the age of 13 years old, the Children's Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States' consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children's privacy and safety online.
We do not specifically market to children under the age of 13 years old.
Fair Trading Act 19863
The Fair Trading Act 1986 protects you against being misled or treated unfairly by traders or shops. The Act prohibits misleading and deceptive conduct, unsubstantiated claims, false representations and certain unfair practices. It also sets out when information about certain products must be disclosed to consumers, and helps ensure products are safe.
The Act applies to everyone in trade. As well as traders and shops, the Act covers government agencies and state-owned enterprises. Most of the Act does not cover private sales.
In order to be in line with Fair Trading Act, we will take the following responsive action should a data breach occur:
We will notify you via email within 30 business days
Unsolicited Electronic Messages Act 20074
The Unsolicited Electronic Messages Act 2007 is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.
We collect your email address in order to:
Send information, respond to inquiries, and/or other requests or questions
Process orders and to send information and updates pertaining to orders.
Send you additional information related to your product and/or service
Market to our mailing list or continue to send emails to our clients after the
original transaction has occurred.
We agree to the following:
Not use false or misleading subjects or email addresses.
Identify the message as an advertisement in some reasonable way.
Include the physical address of our business or site headquarters.
Monitor third-party email marketing services for compliance, if one is used.
Honor opt-out/unsubscribe requests quickly.
Allow users to unsubscribe by using the link at the bottom of each email.
If at any time you would like to unsubscribe from receiving future emails:
Please follow the instructions at the bottom of each email and we will promptly remove you from ALL correspondence.
192 Weston Road
St Albans, Christchurch 8052
Last Edited on 2018-11-17
4. legislation 2007