New Zealand Certified Locator Program

Privacy Policy

You consent to the collection and use of your personal information in accordance with this privacy policy, which may change from time to time, as the beforeUdig Certified Locator Program website operated by PelicanCorp (NZ) Limited (‘we’, ‘us’ or ‘our’) and located at https://www.beforeudig.com/locator/home (‘Website’) and related online certificate services (‘Services’) evolve.

You agree, represent and warrant that all account registration information provided by you is accurate and up-to-date. If any of your registration information changes, you must update it by using the appropriate update mechanism on the Website or Service. If you are unsure how to update your personal information, please contact our Privacy Officer at This email address is being protected from spambots. You need JavaScript enabled to view it..

This privacy policy describes: (i) our collection of personal information; (ii) how that personal information may be used; (iii) when and to whom that personal information may be disclosed; and (iv) how you can access and correct that personal information.

1.1 Our Commitment

We are committed to ensuring the security and protection of the personal information that we process, providing a compliant and consistent approach to data protection and protecting personal information in accordance with the requirements of the Privacy Act 2020 (‘Act’).

1.2 Collection of Personal Information

We may collect your personal information, including but not limited to your:

  • Name;
  • Gender;
  • Date of birth;
  • Contact information;
  • IP address and location data;
  • Website statistics and analytics data regarding your use of the Website and Service;
  • Other types of raw data relating to how you interact with the Website and Service including, for example, your browser information and session duration;
  • Banking and/or credit card information;
  • Any other information requested from you upon signing up to become a subscriber or account holder on our Service; and
  • While we do not request it, there may be other instances where you elect to upload information to Service that includes your, or a third party’s personal information.

We will only collect your identifying information if this is required for us to provide our Services to you.

If you choose not to provide information when we ask for it, you may not be able to use the Website or the Services.

1.3 Use of Cookies

Our Websites and Services may place a temporary or permanent "cookie" in the browser files of your computer. The cookie itself does not contain any personally identifying information. However, the cookie may enable us to relate your use of our Website and Service to information that you have specifically and knowingly provided. By changing the settings in your web browser, you can prevent cookies from being used. However, doing so may interrupt the proper use of the Websites and Services.

1.4 Data Logs

Part of our service includes running processes on your data in either via a Web Feature Service (WFS) feed to your hosted data, or to your data in our Amazon Web Services (AWS) account. When such processes are run, data logs are created by our software which record the names of the files, resources, objects, or items our Service processed.

To the extent the names of your resources include any personal information, such personal information may be stored and replicated in the logs our Service creates. While we have access to the file logs to provide customer and technical support, billing and audit trails, aside from running the processes requested on your data, we do not access any underlying resources your WFS feed data is provided by.

PROVIDING US WITH THIRD-PARTY PERSONAL INFORMATION

TO THE EXTENT YOU PROVIDE US OR OUR SERVICE WITH, OR ACCESS TO, OR UPLOAD DATA TO THE SERVICE THAT INCLUDES THE PERSONAL INFORMATION OF ANOTHER PERSON, YOU REPRESENT AND WARRANT THAT YOU HAVE THEIR AUTHORIZATION AND INFORMED CONSENT TO PROVIDE US WITH THAT INFORMATION, AND TO USE THAT INFORMATION IN ACCORDANCE WITH THIS PRIVACY POLICY, OUR TERMS OF SERVICE AND THE ORDINARY FUNCTIONALITY OF THE SERVICE, AS UPDATED FROM TIME TO TIME. FOR THE PURPOSE OF THIS PRIVACY POLICY, YOU AGREE THAT INFORMED CONSENT INCLUDES ADVISING SUCH THIRD PARTIES THAT, WHERE APPLICABLE, THEIR PERSONAL INFORMATION IS SHARED WITH PELICANCORP (NZ) LIMITED.

With respect to any personal information supplied to us, we keep personal information only for as long as it is required for the purposes for which it was collected and compliance with laws and regulations. As a result, there is no single retention period applicable to all instances of personal information collected by us. Upon your request, we will redact or where appropriate, delete, any third party personal information stored in the data logs.

1.5 The Use of Your Personal Information

The collection of your personal information is used to:

  • Provide the Services;
  • Process your enrolment;
  • Assess your current and future vocational status and educational and training needs;
  • Promote our Website and Service offerings to you;
  • Support and improve the Website and Service we offer;
  • Provide customer support;
  • Communicate with you, your agents, employees or representatives about your account;
  • Bill and collect money owed to us;
  • Pursue available legal remedies to us;
  • Meet legal requirements;
  • Enhance our Service offerings to you; and
  • Send you error and other notifications about the Service, the Terms, this Privacy Policy and your account.

We do not sell your personal information to third parties. Nor do we sell the personal information of third parties that you provide to us.

We use third party payment processors ("Payment Processors") including for example PayPal and others. We do not keep or have access to all the information you provide to the Payment Processors including, for example, your full credit card number. However, we will have the ability to bill your payment method and access to certain personal information you provide the Payment Processors, such as the name on your credit card, the address associated with the card and the credit card expiration date. You agree that even though the Payment Processor’s electronic forms may be hosted on our Website or Service, your legal relationship with the Payment Processor is separate and that the Payment Processor may impose their own terms and have their own privacy policy in place for the collection and use of your information.

1.6 The Disclosure of Your Personal Information and Access to It

We may share your personal information with our employees who need to use that information in connection with one or more of the purposes for which that personal information was collected.

We may operate the Website and Service in conjunction with independent contractors and services providers. Our independent contractors may have access to your personal information and data logs. We may use a variety of service providers (including cloud hosting and data storage providers and training providers), partners or affiliates in locations both inside and outside of New Zealand, which may make your personal information, or personal information stored in your account, the subject of foreign laws and foreign legal proceedings. You agree that we may disclose your personal information to our independent contractors and service providers.

As of the date of the last revision to this Privacy Policy, any data uploaded or stored on your account, is hosted via Amazon Web Services, Inc. or its affiliates located in Sydney (collectively "AWS"). In addition, the following entities may be in receipt of personal information as a result of using our Website and Service:

SumoLogic, operating as SumoLogic, may also store logs created by the Service for a limited period of time. To the extent the logs have any personal information (as referenced above), you acknowledge that SumoLogic will be in possession of that information.

To better understand the data retention practices of the third parties listed above, please see their privacy policies..

We may also access and/or disclose personal information if required or permitted to do so by law (for example, in order to comply with the requirements of the Act or court orders).

We may also disclose personal information to our successors (if our business, the Website or the Service is acquired by another legal entity), or any assignee of our assets relating to the Website and Service.

From time to time, personal information may be disclosed to countries or regions with different privacy laws from New Zealand’s privacy laws. We will ensure that such disclosure is only made in accordance with the Act.

WHILE WE TAKE MEASURES TO PROTECT PERSONAL INFORMATION, YOU AGREE THAT TO THE FULLEST EXTENT PERMITTED BY LAW, WE, OUR SUCCESSORS, ASSIGNS, EMPLOYEES, OFFICERS, DIRECTORS AND INDEPENDENT CONTRACTORS SHALL NOT BE LIABLE FOR THE LOSS OR THEFT OF ANY PERSONAL INFORMATION UPLOADED TO THE SERVICE (OR OTHERWISE PROVIDE TO US) OR ANY DAMAGES CAUSED AS A RESULT THEREOF.

1.7 Retention of Your Personal Information

When any personal information is no longer required for the purposes for which it was collected, we will destroy the personal information in a manner that takes into account its sensitivity. Please contact us if you wish to inquire about deleting your own personal information.

1.8 Access and correction

You are entitled to access and correct your information at any time by contacting us or viewing your details on your account page. We will comply with our obligations under the Act in dealing with any such request.

1.9 Privacy Breach

If we believe there has been a privacy breach, we will take steps to identify the issues and minimise any harm. If we believe that the breach has caused, or is likely to cause, serious harm then we will comply with our obligations under the Act. As soon as practicable after becoming aware that the breach has occurred, we will notify the Privacy Commissioner and (if required under the Act) and the individuals who may have been affected.

If you believe that there has been a privacy breach which affects you, please contact us as soon as possible.

1.10 Email Communications

If you are registered on the Website, you may receive emails from us regarding products, services and promotions that may be of interest to you. You can opt out of these emails at any time.

1.11 Enquiries

If you have any questions regarding this Privacy Policy, please contact us by e-mail at This email address is being protected from spambots. You need JavaScript enabled to view it. or by writing to our Privacy Officer at 1A Wagener Pl, Mount Albert, Auckland, New Zealand.

 

 

UPDATED: 11 MAY 2021