Benchmark Global Pty Ltd Privacy Policy

10 October 2019

This Privacy Policy describes how Benchmark Global Pty Ltd or Benchmark Estimating Limited (trading as Benchmark Estimating Software) manages personal information processed via our online platforms and other software products by our New Zealand customers (“you“, “your“) and their end users. In this Privacy Policy, “we“, “our” and “us” are all references to Benchmark Global Pty Ltd ABN 18 167 294 028. It does not apply to the processing of personal information of any of our Customers or their end users in any other country.

The Privacy Act defines “personal information”  as information about an identifiable individual; and includes information relating to a death that is maintained by the Registrar-General pursuant to the Births, Deaths, Marriages, and Relationships Registration Act 1995, or any former Act (as defined by the Births, Deaths, Marriages, and Relationships Registration Act 1995).

We reserve the right to make changes to this Privacy Policy at any time and for any reason. You are encouraged to periodically review this Privacy Policy to stay informed of updates. You will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted the changes in a revised Privacy Policy by your continued use of the Product after the date such a revised Policy has been published.

If we decide to change this Privacy Policy, we will post the updated version on our website so that you will always know what personal information we gather, how we might use that information, and whether we will disclose it to anyone.

Our legal obligations

We are committed to complying with our privacy obligations in accordance with all applicable New Zealand data protection laws, including, where applicable, the Privacy Principles contained in Part 2 to the Privacy Act 1993 (New Zealand) (the “Privacy Act“) with respect to personal information processed via our online platforms and other software products by you and your end users.

We use commercial accepted administrative, technical, and physical security measures to help protect personal information. While we take reasonable steps to secure the personal information you provide to us, please be aware that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other types of misuse.

The Privacy Policy applies to personal information processed via our online platforms and other software products which include, but are not limited to, The Benchmark Estimating App and integrated services (collectively, our “Cloud Services).

This Privacy Policy does not apply to a third-party online store from which you may have installed any part of the Cloud Services. Such online stores may also collect and use data about you. We are not responsible for any of the data collected by any such third-party.

About this Privacy Policy – Summary of Key Points

Our identity and contact details

Benchmark Global Pty Ltd (T/A Benchmark Estimating Software) ABN 18 167 294 028 of 1/83-89 Renwick St, Redfern NSW 2016 AUSTRALIA.

The Cloud Services are operated by Benchmark Global Pty Ltd or on its behalf. Relevant contact details for Benchmark Global Pty Ltd are set out at the end of this Privacy Policy.

Personal information that we process

  • Subscription/registration, payment, transaction and profile data
  • Data entered and/or uploaded into the Cloud Services by our Customers and/or their end users when accessing the Cloud Services
  • Data relating to communications between us and our Customers and their end users
  • Analytics data

The purposes for the processing

We process personal information of Customers and their end users to provide our Cloud Services and for other reasons set out in this Privacy Policy. We only process personal information in accordance with applicable New Zealand data protection laws.

Who we disclose personal information to

We only disclose personal information to third parties who perform services on our behalf to the extent necessary for them to perform those services. We do not sell personal information to third parties for their own marketing purposes and we only disclose the minimum amount of personal information required. We may disclose personal information that we collect to third parties for all or any of the purposes set out in this Privacy Policy.

Security

We take our privacy obligations very seriously. Accordingly, we only process personal information in a manner that ensures appropriate security of the personal information, including by protecting the personal information against unauthorised or unlawful processing and against accidental loss, destruction or damage using appropriate technical or organisational measures. Our Privacy Policy provides detailed information about the security measures that we take to protect personal information.

Transfer of data to other countries

We may transfer your personal information to our contractors and service providers who assist us with providing our products and services to you, where we consider it necessary for them to provide that assistance.

Cookies

We do not use cookies on our mobile platform but they may be used on our website.

Your rights

If we collect personal information about you, you have rights under the Privacy Act 1993 that we will respect in relation to your personal information. These rights are described in this Privacy Policy and include the right to access and correct personal information in accordance with the Information Privacy Principles set out in Part 2 of the Privacy Act 1993.

Principles relating to the collection of personal information

Our policy is to minimise the amount of personal information we collect. Accordingly, we only collect personal information that is adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed.

We collect personal information that you and your end users provide to us, whether via our online platforms and other software products or by email, telephone, in person, via application forms or otherwise. We may also obtain personal information directly from third parties such as our resellers, related companies, installers, sales agents and public sources, but only where permitted under Privacy Principle 2 set out in Part 2 of the Privacy Act 1993. 

We will only collect personal information for specified, explicit and legitimate purposes and we will not further process personal information that we collect in a manner that is incompatible with those purposes. If you enter and/or upload into the Cloud Services and/or otherwise provide us with personal information about any person other than you, please notify us.

We will not collect personal information (other than sensitive information) unless the information is collected for a lawful purpose connected with a function or activity of our business and the collection of the information is necessary for that purpose.

We will not process any data that is personal information revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation, except where permitted by applicable law.

Personal information that we collect and how we use it

Our policy is to minimise the amount of personal information we collect. Accordingly, we only collect personal information for a lawful purpose connected with a function or activity of our business and only where the collection is necessary for that purpose.

The personal information that we collect and how we use it is as follows:

  • Subscription/registration, payment, transaction and profile data: If you register or subscribe to our Cloud Services, we will collect and otherwise process the following categories of personal information: names and email addresses. We will process this personal information in order to administer subscriptions, registrations and accounts on the Cloud Services, for the purposes of providing end users with access to and use of the Cloud Service and to enforce our Customers’ and their end users’ contractual obligations to us. We will also process this personal information in order to provide Customers and end users with information and assistance about the Cloud Services, and to communicate with our Customers and their end users in connection with any maintenance notices that we may issue when the Cloud Services are unavailable, renewal notices and service status updates for the purposes of keeping our Customers and their end users informed and up to date about the status of our Cloud Services.
  • Data entered into and/or uploaded into the Cloud Services by our Customers and/or end users when accessing the Cloud Services: We collect and process any personal information that our Customers and their end users upload or enter into the Cloud Services via computer systems, smartphone devices and tablets, namely: names, email addresses and business data stored in the customer’s Benchmark Estimating Software database. The Cloud Services will also process any other personal information that our Customers and end users voluntarily enter or upload to the Benchmark Estimating App. We will process this personal information on behalf of our Customers and their end users in order to provide our Customers and their end users with the Cloud Services and the functionality provided by the Cloud Services in accordance with their specific instructions. We will also process this personal information to maintain backups of our databases and to detect unauthorised use and faults with the Cloud Services (such as, by examining log files and error messages). The personal information may also be used to provide our Customers and their end users with professional services (including technical support and training services).
  • Data relating to communications between us and our Customers and their end users: When our end Customers and their end users contact us, we will collect and process personal information including the name of the Customer/end user, the IP address of the Customer/end user and any other personal information that Customers/end users provide to us during the communications. For example, our Customers and/or end users may contact us to ask questions about our Cloud Services, seek technical support or advice and to express their interest in subscribing to the Cloud Services or for the purposes of upgrading or modifying their accounts on our platform. We will process this personal information in order to provide our Customers and their end users with information and assistance about the Cloud Services, and to communicate with them in connection with any breach, expiry, termination or suspension of the Cloud Services.
  • Payments: We will process personal information in order to administer Customer subscriptions, registrations and accounts to enforce our Customers’ obligations to pay the fees and charges to us.
  • Cloud analytics data: We collect and process personal information known as analytics data for statistical and analytical purposes, designed to measure and monitor how our Cloud Services are being used and to highlight any areas for improvement, optimisation and enhancement of the Cloud Services, including information about devices accessing the Cloud Services (IP address, the type of device used to access the Cloud Services and the operating system). We will process this personal information in order to monitor and detect unauthorised use of the Cloud Services and to establish how the Cloud Services are used and to highlight areas for potential improvement of the Cloud Services. We often aggregate this data with other data. However, where the data is classified as personal information we deal with it in accordance with this Privacy Policy.
  • Cookies: To improve your experience on our website, we may use ‘cookies’. Cookies are an industry standard and most major web sites use them. A cookie is a small text file that our site may place on your computer as a tool to remember your preferences. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of the website.
  • Direct Marketing: Benchmark Estimating Software may also use your personal information for marketing its services.

If you do not want to receive marketing material from us, you can contact us as detailed below: for electronic communications, you can click on the unsubscribe function in the communication or for hard copy communications, you can email us at: marketing@benchmarkestimating.com.

Our website may contain links to other websites. We are not responsible for the privacy practices of such other sites. When you go to other websites from our website, we advise you to be aware and read their Privacy Policy.

Our website uses Google Analytics, a service which transmits website traffic data to Google servers in the United States. Google Analytics does not identify individual users or associate your IP address with any other data held by Google. We use reports provided by Google Analytics to help us understand website traffic and webpage usage.

By using our website, you consent to the processing of data about you by Google in the manner described in Google’s Privacy Policy and for the purposes set out above. You can opt out of Google Analytics if you disable or refuse the cookie, disable JavaScript, or use the opt-out service provided by Google.

Benchmark Estimating Software also uses interfaces with social media sites such as Facebook, LinkedIn, Twitter and others. If you choose to “like” or “share” information from this website through these services, you should review the Privacy Policy of the applicable third party social media service. If you are a member of a social media site, the interfaces may allow the social media site to connect your visits to this site with other personal information.

You may interact with social media platforms via social media widgets and tools such as the Facebook Like button and the Facebook pixel that may be installed on Benchmark Estimating App. These widgets and tools may collect your IP address and other personal information. Your interaction with such widgets and tools, and any single sign-on services such as Open ID is governed by the privacy policies of the relevant social media operators and single sign-on service providers – please read them so that you are aware of how they process your personal information. 

Who we share personal information with

We only disclose personal information to third parties who perform services on our behalf to the extent necessary for them to perform those services. We do not sell personal information to third parties for their own marketing purposes and we only disclose the minimum amount of personal information required. We may disclose personal information that we collect to third parties for all or any of the following purposes:

  • To provide you with the Cloud Services – in which case we disclose your personal information to our upstream hosting suppliers who host Benchmark Estimating App and the personal information that you enter into and/or upload in to the Cloud Services. Our hosting suppliers host that personal information on their computer servers;
  • So that we can obtain assistance with the provision of the Cloud Services – in which case we may disclose your personal information to members of our corporate group who we may subcontract the provision of all or part of the Cloud Services to;
  • Conducting publicity campaigns – in which case we may disclose your personal information to our marketing suppliers;
  • Handling claims and complaints – in which case we may disclose your personal information to our lawyers and insurers;
  • Sending out a newsletter – in which case we may disclose your personal information to our email and newsletter service providers;
  • In order to identify our Customers and end users – when we are contacted with questions or concerns regarding the products and services we provide;
  • In order to configure a new service for our Customers and their end users;
  • In order to record billing details in which case we provide your bank account and credit card details to our bank and merchant facility providers;
  • In order to interface with third party platforms – where you configure your account on Benchmark Estimating App or use the Cloud Services to do so – in which case we will disclose personal information that you upload or enter into Benchmark Estimating App as necessary for that interfacing to occur;
  • For professional advice – when providing information to our legal, accounting or financial advisors/representatives or debt collectors for debt collection purposes or when we need to obtain their advice, or where we require their representation in relation to a legal dispute;
  • If we sell the whole or part of our business or merge with another entity – in which case, we will provide to the purchaser or other entity the personal information that is the subject of the sale or merger;
  • Where required by law.

We may also use or provide your personal information to our lawyers, insurers and professional advisors and any court or administrative body, for one or more of the following purposes    

 

  • to avoid prejudice to the maintenance of the law by any public sector agency, including the prevention, detection, investigation, prosecution, and punishment of offences;
  • for the enforcement of a law imposing a pecuniary penalty;
  • for the protection of the public revenue;
  • for the conduct of proceedings before any court or tribunal (being proceedings that have been commenced or are reasonably in contemplation);
  • that the use of the information for that other purpose is necessary to prevent or lessen a serious threat (as defined in section 2(1)) to public health or safety or the life or health of the individual concerned or another individual.

Third party platforms

Benchmark Estimating App may include links to, or interface with third party websites and platforms. Our linking to those websites and platforms does not mean that we endorse or recommend them. Where an end user uses Benchmark Estimating App or the Cloud Services to provide personal information to a third-party website or platform, the end user does so at its own risk. We do not warrant or represent that any third-party website or platform operator complies with applicable data protection laws. You should consider the privacy policies of any relevant third-party websites and platforms prior to sending your personal information to them.

Security

We take our privacy obligations very seriously. Accordingly, we only process personal information in a manner that ensures the information is protected, by such security safeguards as is reasonable in the circumstances to take, against loss, access, use, modification, or disclosure (except with our authority) and other misuse.

The technical and organisational measures that we have implemented are as follows:   

  • We maintain physical security measures in our buildings and offices such as door and window locks and visitor access management, cabinet locks, surveillance systems and alarms.
  • We require all our employees and contractors to comply with privacy and confidentiality terms and conditions in their employment contracts and subcontractor agreements.
  • We carry out security audits of our systems which seek to find and eliminate any potential security risks in our electronic and physical infrastructure as soon as possible.
  • We have a Data Breach Response Plan in place
  • We have data backup, archiving and disaster recovery processes in place
  • We have anti-virus and security controls for email and other applicable computer software and systems in place
  • We have processes in place to ensure integrity and resilience of systems, servers and personal information

If you refuse to provide us with personal information

You can only browse limited pages of Benchmark Estimating App without registering as a subscriber of Benchmark Estimating App, such as the pages that generally describe the services that we make available through Benchmark Estimating App, and our Contact Us page. However, when you subscribe to Benchmark Estimating App, we need to collect personal information from you in order to identify you and setup an account for you on Benchmark Estimating App. We will also collect personal information from you when you use the Cloud Services when you enter the personal information into Benchmark Estimating App, when you contact us for technical support and assistance with your account, when gathering analytics data about your use of Benchmark Estimating App and for the other purposes set out above in the Privacy Policy. You have the option of not identifying yourself or using a pseudonym when contacting us to enquire about our Cloud Services, but not if you wish to actually access our Cloud Services or use any of our other services. It is not practical for us to provide you with the Cloud Services if you refuse to provide us with personal information.

Spam email

We do not send “junk” or unsolicited e-mail in contravention of the Unsolicited Electronic Messages Act 2007. We will, however, use e-mail in some cases to respond to inquiries, confirm purchases, or contact Customers and end users. These transaction-based e-mails are automatically generated. Anytime a Customer or end users or visitor receives e-mail it does not want from us they can request that we not send further e-mail by contacting us via email at: marketing@benchmarkestimating.com. Upon receipt of any such request, we will remove the person from our database to ensure that they cease to receive automated emails from us.

Contractors and offshore providers

Provided that we comply with the provisions of the Privacy (Cross-border Information) Amendment Act 2010, we may transfer your personal information to our contractors and service providers who assist us with providing our products and services to you, where we consider it necessary for them to provide that assistance.

Retention and de-identification of personal information

We will not keep personal information in a form which permits identification of any person for longer than is necessary for the purposes for which the personal information is processed. We will only process personal information that you enter in the Benchmark Estimating App and whilst you are a customer of Benchmark Estimating Software, and only thereafter for the purposes of deleting or returning that personal information to you (except where we also need to retain the data in order to comply with our legal obligations, or to retain the data to protect your or any other person’s vital interests). We will, following your cessation of use of the Cloud Services, at your option delete or return to you all of the personal information uploaded and/or entered into the Cloud Services by you. Where you requires that personal information to be returned, it will be returned to you after the end of the provision of services relating to the processing (“Processing Conclusion Date“), and we will thereafter delete all then remaining existing copies of that personal information in our possession or control as soon as reasonably practicable thereafter, unless applicable law requires us to retain the personal information.We will not keep personal information for longer than is required for the purposes for which the information may lawfully be used.

 

Instead of destroying the personal information we may take such steps as are reasonable in the circumstances to de-identify the personal information that we hold about an individual where we no longer need it for any purpose for which it may be used in accordance with this Privacy Policy if the information is not contained in a government record and we are not required by New Zealand law (or a court or tribunal order) to retain it.

How to access and correct personal information held by us

Please contact us if you wish to access your personal information that we hold about you, using the details set out at the end of this Privacy Policy. We will handle your request for access to your personal information in accordance with our statutory obligations.   To ensure that we only obtain, collect, use and disclose accurate, complete and up to date personal information, we invite you to contact us and inform us if any of your personal details we hold change or if any of the personal information held by us is otherwise incorrect, incomplete or erroneous or not up to date or misleading. We will provide you (or if you wish, another controller) with a copy of the personal information they we hold about you in a structured, commonly used and machine-readable format.

Where we hold personal information in such a way that it can readily be retrieved, Customers and their end users may obtain confirmation from us as to whether or not we hold the information, and may also have access to the information.  Customers and their end users may also request correction of that information that we hold about them.

 

Our contact details

Benchmark Estimating App is owned and operated by Benchmark Global Pty Ltd ABN 18 167 294 028 (T/A Benchmark Estimating Software) of 1/83-89 Renwick St, Redfern NSW 2016 AUSTRALIA.

If you wish to contact us for any reason regarding our privacy practices or the personal information that we hold about you, please contact us at the following address:

Privacy Representative

  • Contact Person: Peter Pavisic
  • Title: Data Protection Officer
  • Email: peter.pavisic@benchmarkestimating.com

We will use our best endeavours to resolve any privacy complaint within 10 business days following receipt of your complaint. This may include working with you on a collaborative basis to resolve the complaint or us proposing options for resolution.

If you are not satisfied with the outcome of a complaint you make refer the complaint to the New Zealand Privacy Commissioner who can be contacted using the following details:

  • Call: 0800 803 909 (Monday to Friday, 10:00am to 3:00pm)
  • Email:  enquiries@privacy.org.nz
  • Address: PO Box 10094, Wellington 6143