Privacy, Surveillance, and Disclaimer Policies.

Privacy Policy

Effective from: 1 December 2023

1 Details of this Privacy Policy

1.1 This policy explains how Parking Enforcement Services (PES) collects and handles your information. In this policy, each reference to PES (including terms such as “we”, and “us“) includes our related divisions.

1.2 This Privacy Policy applies to all personal information under the control of PES. It does not apply to other personal information collected or held by other entities outside of our control, or to the personal information of our employees, contractors, or directors.

1.3 When we refer to personal information in this Privacy Policy, we mean personal information as defined in the Privacy Act 2020 (Privacy Act), which is any information about an identifiable individual (Personal Information).

1.4 We will not use or share Personal Information that we collect, except as set out in this Privacy Policy (or otherwise as permitted or required by law). This Privacy Policy does not limit or exclude any of your rights under the Privacy Act.

1.5 This Privacy Policy also covers how we make the Personal Information that we hold available to you for access and/or correction by you in the event that such information is inaccurate or incomplete. Whenever we handle Personal Information, we take steps to ensure that appropriate standards of privacy practice and security are applied.

1.6 By interacting with us and/or using our services as set out in this Privacy Policy, you permit us to collect, store, use and disclose your Personal Information in accordance with this Privacy Policy.

1.7 This Privacy Policy may continue to apply to you and your information even after your relationship with us has come to an end. It also applies to any of your Personal Information collected during any interaction between you and Wilson Parking, even if you are not a Wilson Parking customer.

2 How we collect your Personal Information

2.1 PES collects Personal Information in the course of our business. We will collect your Personal Information in a variety of ways, including directly from you, from relevant third parties (for example relevant Crown entities (such as the New Zealand Transport Agency), a credit reporting agency, a debt collection agency, social media outlet, or marketing company), and sometimes automatically as set out in this Privacy Policy.

2.2 PES may collect personal information when you, or an organisation you are associated with:

(a) breach an agreement you have entered into, including involving payment for services;

(b) communicate with us by telephone, email, post, or via social media, including when you make an enquiry about a service;

(d) use one of the car park facilities monitored by PES;

(e) pay for parking services; and/or

(f) visit the PES website (“Website”).

2.3 The types of Personal Information we collect may include but are not limited to, your name, contact details (phone, email, mailing address), username, password details (if you are signed into the CPMS online portal or Parking Enforcement Services (PES) retail portal), payment details, transaction information (such as time of the transaction, the amount charged, and the location at the time of payment) and vehicle’s licence plate number.

2.4 You can choose to decline to provide your Personal Information, however, this may affect, us responding to you, us providing you with a service, your use of our car park facilities, your use of our Website, or us otherwise carrying out our general business and administrative functions.
Our website

2.5 We do not collect personally identifiable information from your use of our Website. However, we collect information from your device to understand how you use our Website and improve our services to you.

2.6 This website information is collected by:

a) Using cookies;

b) Collecting website use information, including user location, and internet protocol (IP) addresses; and

c) Analytical tools that we may operate, including but not limited to Google Analytics and Firebase.

2.7 Cookies are small text files placed on your device to collect information about how you browse the Website. The data collected by them may include:

• your IP address and the device you used to access the Website;

• the search terms you used;

• the pages you accessed on our Website and the links you clicked on;

• the date and time you visited our Website;

• the referring website from which you clicked to reach our Website, if applicable;

• your operating system (e.g. Mac OS X, Windows XP);

• the type of web browsers you use (e.g. Mozilla Firefox, Google Chrome).

2.8 You can disable cookies by setting your browser to not accept them. If you disable cookies, you may not be able to use all of the features on our Website.

Payment information

2.9 When you make a payment for services through a machine that we operate (including ticketing machines and Pay & Display Machines), via the CPMS online portal, via our Website, by post or email, over the telephone, and/or via PES payment portal, the additional Personal Information we collect about you may include but is not limited to:

a) Credit or debit card details; and

b) Bank account details to process direct debits.

Credit or debit card details are not stored by PES.

2.10 When you make a payment for services by way of credit or debit card you do so either through ADVAM or WINDCAVE, which are secure PCI-compliant third-party payment providers that we engage. ADVAM and WINDCAVE have embedded fields in our digital platforms. The Personal Information that is collected about you by these third-party payment providers may include, but is not limited to:

a) Credit or debit card details; and

b) Bank account details to process direct debits.

These third parties have their own privacy policies, which you are recommended to view [here] and [here].

3 How we use your Personal Information

3.1 We will not use or disclose your Personal Information except per this Privacy Policy and the Privacy Act. The Personal Information we hold about you may be used for any of our business purposes and for related purposes, including, but not limited, to:

a) confirm and verify your identity;

b) confirm and verify the details and ownership of your vehicle;

c) provide you with our goods or services;

d) monitor the security of our carparking facilities;

e) to send you a notice or reminder of a breach of our terms and conditions of parking;

f) provide our Website to you;

g) invoice you and/or process payments from you;

h) communicate with you including responding to your emails, calls, requests, and/or feedback;

i) carry out credit checks, debt recovery, and/or debt collection;

j) improve our Website to give you a better user experience;

k) carry out our general business and administrative functions;

l) protect and/or enforce our legal rights and interests, including defending any claim; and

m) for any other reason permitted under the Privacy Act (with your consent, for a directly related purpose, or where the law permits or requires it).

How we use combined information and statistics

3.2 We may use aggregated information from our Website to improve the quality of our Website, services, and for statistical and market research purposes. This aggregated information is not associated with any individual person. We may use this data in aggregate form as a statistical measure, but not in a manner that would identify any individual personally.

3.3 We may also make aggregated information about our business to prospective investors, bankers, and purchasers for due diligence purposes. This information may include but is not limited to, the number of customers, geographic spread, turnover, transaction types and values. This aggregated information for due diligence purposes is not associated with any individual person. We may use this data in aggregate form for due diligence purposes, but not in a manner that would identify any individual personally.

4 Disclosure of your Personal Information

4.1 We do not sell, lend, trade, rent, exchange, or otherwise disclose your Personal Information to any third party without permission.

4.2 Personal Information may be disclosed to third parties for the purposes outlined above at clause 3, and for directly related purposes, including those required by the Privacy Act.

4.3 Some of these third parties may include, but are not limited to:

a) Entities related to PES including Wilson Parking New Zealand Limited and ParkMate Limited;

b) Third-party service providers, suppliers, or contractors with whom we do ordinary business (including land owners and their agents, payment systems operators, mailing service providers, credit reporting agencies debt collection agencies, email marketing providers, digital solutions and distribution platform providers, analytics providers, and web content management providers); and

c) Third-party service providers who provide us with data storage, data visualization, software, web-hosting, and servers.

5 Storage and security of your Personal Information

5.1 We store information in physical and electronic format, at our premises and the premises of our service providers, which may include storage on the cloud. We take all reasonable steps to ensure that we keep your Personal Information secure, both in electronic and hard copy format, and to protect against loss, unauthorised access, use, modification, disclosure, or other misuse.

5.2 Any organisations that provide us with support services are required to appropriately safeguard the privacy of any Personal Information provided to them. Without limiting the foregoing, we or our service providers may store your Personal Information using third-party cloud-based services and storage subject to appropriate safeguards.

5.3 We will primarily collect and process Personal Information in New Zealand. However, because our Website and customer portals can be accessed from outside New Zealand, Personal Information may be collected from people elsewhere in the world. The third-party service providers that we partner with may also collect, process and store Personal Information outside of New Zealand.

5.4 If at any time we need to send Personal Information outside of New Zealand to an overseas agency that may use the information for its own purposes, we will:

a) take steps to ensure that we believe on reasonable grounds that the overseas agency receiving the Personal Information is subject to privacy protections that, overall, provide comparable safeguards to those provided under the Privacy Act;

b) enter into a binding contractual agreement with the overseas agency receiving the Personal Information confirming that it will protect the Personal Information in a way that, overall, provides comparable safeguards to those provided under the Privacy Act; or

c) obtain the express authorisation of the individual concerned to disclose their Personal Information overseas after expressly informing them that the overseas agency may not be required to protect the information in a way that, overall, provides comparable safeguards to those provided under the Privacy Act.

6 Credit card security

6.1 PES may collect credit or debit card payment details when payment for breach notices is made through our Website, via PES payment portal, by email or post mail, or over the telephone.

6.2 PES takes reasonable steps to protect Personal Information against unauthorised access by using Secure Sockets (SSL) technology for payments made using credit or debit cards.

6.3 Your credit or debit card details will be encrypted, securely processed and stored by ADVAM and Windcave, our trusted PCI-compliant payment providers.

6.4 As outlined above, credit or debit card details are not stored by PES.

7 Retention of your Personal Information

7.1 We will retain your Personal Information for as long as it is required for the purpose/s for which it was collected, or otherwise as required by law.

7.2 In most cases, once Personal Information is no longer required, we will securely destroy it or otherwise delete all identifying details so that only anonymised data is retained.

8 Accuracy, and your right to Access and Correct Information

8.1 We take reasonable steps to ensure your Personal Information that we hold is accurate, up-to-date, complete, relevant, and not misleading.

8.2 Subject to certain grounds for refusal set out in the Privacy Act, if you believe that your Personal Information is not accurate, up to date, complete or relevant, or you wish to request that your Personal Information that we hold is provided to you please contact make contact with our Privacy Officer on:

Email: [email protected]
Mail: PO Box 8290, Newmarket, Auckland 1149

9 Mandatory reporting of notifiable privacy breaches

9.1 If your Personal Information is involved in a privacy breach which we reasonably believe is notifiable or must be reported in accordance with the Privacy Act (“Notifiable Privacy Breach”), we will inform the affected individual/s and report the Notifiable Privacy Breach to the New Zealand Office of the Privacy Commissioner, in accordance with our obligations under the Privacy Act.

10 Changes to this Privacy Policy

10.1 We may update this Privacy Policy from time to time. You are advised to check our website from time to time as this will serve as our notification to you of any such updates by publishing the updated Privacy Policy on our Website. The revised Privacy Policy will apply from the date that we upload it to the Website.

10.2 We encourage you to review this Privacy Policy periodically on our Website to stay informed about how we are helping to protect Personal Information. Your continued use of the Website and our goods and services constitutes your agreement to this Privacy Policy as updated.

11 Contact and complaints

11.1 Please contact us at [email protected] if you have any questions, concerns, or complaints in relation to this Privacy Policy or the protection of your Personal Information. Our Privacy Officer will investigate and respond to any complaints or concerns as soon as possible and in accordance with the time frames and procedures set out in the Privacy Act.

11.2 If you are not satisfied with how we have handled your complaint, you can complain to the Office of the Privacy Commissioner.

PES Surveillance Policy

1 Details of this Surveillance and Image Request Policy

1.1 This Surveillance and Image Request Policy (Policy) sets out how Parking Enforcement Services (PES) operates and manages body camera (Body Cams) images and licence plate recognition systems, and how PES will collect and handle the information from these systems (Surveillance Systems).

1.2 Body Cams record audio and video footage from the individual’s point of view and play a crucial role in surveillance and security by providing an unbiased and objective record of events. Licence plate recognition refers to technology that captures photographic images from vehicle licence plates (Surveillance Devices).

1.3 This Policy applies to all Surveillance Systems and Devices used, owned, operated, or otherwise managed by PES and the resulting Personal Information collected from these Surveillance Systems and Devices.

1.4 When we refer to personal information in this Policy, we mean personal information as defined in the Privacy Act 2020 (Privacy Act), which is any information about an identifiable individual (Personal Information).

1.5 This Policy should be read in conjunction with our Privacy Policy (Parking Enforcement Services (PES) Privacy Policy), which you can access [here].

1.6 We will not use or share Personal Information that we collect through Surveillance Systems and Devices, except as set out in this Policy and the PES Privacy Policy, neither of which limit or exclude any of your rights under the Privacy Act.

2 Purposes of operating Surveillance Systems and Devices

2.1 PES may operate Surveillance Systems and Devices for any of our business purposes, and for directly related purposes, including, but not limited to:

2.1.1 monitoring the security of car parking facilities;

2.1.2 monitoring the security and safety of a PES-monitored property and premises;

2.1.3 monitoring the security and safety of PES employees;

2.1.4 monitoring the security and safety of you and your property;

2.1.5 monitoring compliance of the terms and conditions of the applicable carparking facilities;

2.1.6 verifying the details of your vehicle;

2.1.7 verifying that payment has been made for the provision of our services;

2.1.8 providing operational information at, or in the vicinity of, a PES-monitored property and premises, in relation to PES’ business;

2.1.9 providing optimised efficiency and customer service; and

2.1.10 enhancing data gathering capabilities for our workforce and vehicle management.

3 Collection of Personal Information from Surveillance Systems and Devices

3.1 When you use, access, or otherwise visit a PES-monitored property or premises, we may collect your Personal Information from Surveillance Systems and Devices that we operate.

3.2 This Personal Information may include images and videos of you and your vehicle, including your car licence plate details (Footage).

3.3 By using, accessing, or otherwise visiting a PES-monitored property or premises, you agree to Footage being collected by Surveillance Systems and Devices under the control of PES. Wherever practicable, appropriate notification and/or signage will be in place to notify you that our Surveillance Systems and Devices are in place and operating.

3.4 Surveillance Systems and Devices generally operate 24 hours a day, seven days a week at most PES-monitored premises.

4 Security and retention of Footage

4.1 Footage collected by Surveillance Systems and Devices is stored by PES on a secure platform. Recorded data is stored in the camera’s internal storage or removable memory cards. Appropriate security measures are taken to protect Footage against loss, unauthorised access to, disclosure, alteration, or destruction.

4.2 Footage will be stored for a minimum of thirty (30) days and a maximum of ninety (90) days, after which it will be securely disposed of, unless the Footage is being used for one or more of the purposes outlined in this Policy.

5 Disclosure of and access to Footage

PES Employees

5.1 PES has a dedicated ParkWatch team tasked with operating and controlling Surveillance Systems and Devices.

5.2 Within this ParkWatch team, only authorised PES employees, consultants or contractors have access to Surveillance Systems and Footage. From time to time, or following a security, health and safety, or operational event, other PES employees may be permitted to access and view Footage, if the Footage is relevant to their role and in accordance with the purpose(s) for operating the Surveillance Systems.

Third Parties

5.3 Footage relating to criminal activity or potential criminal activity at PES-monitored property and premises may be referred to the New Zealand Police or other relevant authorities as required for their use.

5.4 From time to time, PES may also receive requests for Footage from third parties, which may include the New Zealand Police and other public sector agencies.

5.5 Footage may be disclosed to third parties if:

5.5.1 the disclosure is necessary for court or tribunal proceedings;

5.5.2 the disclosure is necessary to enable a public sector agency to uphold the law (including allowing a public sector agency to prevent, detect, investigate, prosecute, and punish offences);

5.5.3 the disclosure is necessary to prevent or lessen a serious or imminent threat to public health and safety or the life and health of an individual;

5.5.4 the individual has consented to the use or disclosure; or

5.5.5 the disclosure is otherwise permitted by law.

5.6 Any request for Personal Information captured by Surveillance Systems by a third party will be reviewed by the PES Privacy Officer before releasing any Footage. The release of Footage to third parties will be managed in accordance with this Policy, the PES Privacy Policy, the Privacy Act, and any other relevant legislation that may be applicable due to the nature of the third-party requestor.
Individuals

5.7 Under the Privacy Act, you have the right to access and correct Personal Information that is held by PES, which is subject to certain grounds of refusal in the Privacy Act.

5.8 Any request made by an individual to access Footage must be made by communicating such request to our Privacy Officer at [email protected]

5.9 We will consider and respond to your request in accordance with the Privacy Act.

5.10 When deciding whether to grant access to Footage, we will consider a variety of factors including whether the Footage is readily retrievable if there are other individuals in the Footage, the reason(s) for requesting the Footage, and any other circumstances that we consider relevant in accordance with the Privacy Act.

5.11 We may also request proof of identity from you prior to granting access to any Footage, to ensure that you are the individual concerned.

6 Changes to this Policy

6.1 We may update this Policy from time to time. We will notify you of any such updates by publishing the updated Policy on our Website. The revised Policy will apply from the date that we upload it to the Website.

6.2 We encourage you to review this Policy periodically on our website, along with the PES Privacy Policy, to stay informed about how PES is collecting and handling your Personal Information.

7 Contact and complaints

7.1 Please contact us at [email protected] if you have any questions, concerns, or complaints in relation to this Policy or the protection of your Personal Information. Our Privacy Officer will investigate and respond to any complaints or concerns as soon as possible and in accordance with the time frames and procedures set out in the Privacy Act.

7.2 If you are not satisfied with how we have handled your complaint, you can complain to the Office of the Privacy Commissioner.

Disclaimer

Parking Enforcement Services (PES) endeavours to ensure that information on this website is free from error; however, it does not warrant the accuracy, adequacy or completeness of that information. PES also endeavours to ensure that information on this website, including rates and conditions of parking, is up to date. However, this information is subject to change without notice. In particular, rates and conditions for parking are displayed within each car park. Unless expressly stated otherwise, the information on this website does not constitute an offer or inducement to enter into a legally binding contract, and does not form part of the terms and conditions for parking products and services.