PRIVACY POLICY
PAK’nSAVE is committed to protecting your privacy because we understand your personal information is important to you and worth protecting. We have robust systems in place to provide you with services and information tailored to your individual needs while complying with our obligations under the Privacy Act 2020 (Privacy Act).
The Services are intended for use by people located in New Zealand and are not intended for use by anyone located outside of New Zealand.
References to “PAK’nSAVE”, “we” or “us” in this Privacy Policy means PAK ‘N’ SAVE Limited and, where relevant, any of its related companies, including Foodstuffs (N.Z.) Limited, Foodstuffs North Island Limited and Foodstuffs South Island Limited and their subsidiary companies (together, Foodstuffs).
We may change this Privacy Policy from time to time and we will tell you about a change in the Privacy Policy by updating the “last updated” date on our website. Unless otherwise stated, any changes to the Privacy Policy will take effect immediately upon being placed on the website and your continued use of the Services will represent an agreement by you to be bound the Privacy Policy as amended.
In addition, PAK’nSAVE franchised stores that are participating in the facial recognition trial (“FR Trial Stores”) may collect and use your personal information using facial recognition technology (“FR System”). Section 11 of this Privacy Policy sets out how the FR Trial Stores will use and protect personal information collected using the FR System. For clarity, sections 1 to 10 of this Privacy Policy do not apply to any personal information collected by FR Trial Stores using a FR System.
For more information about the facial recognition trial, see here.
1. APPLICATION OF THIS PRIVACY POLICY
This Privacy Policy applies to any personal information (as that term is defined in the Privacy Act 2020) (other than personal information collected by a FR Trial Store using its FR System) that collect when you interact with us, including when you:
• visit PAK’nSAVE stores;
• use PAK’nSAVE’s online supermarket where you can search for and purchase grocery items through the PAK’nSAVE Online website (PAK’nSAVE Online);
• use any of PAK’nSAVE’s websites and mobile applications;
register to receive regular marketing communications; and/or
• any other services we provide now or in the future,
(together, the Services).
In the event of any inconsistency between this Privacy Policy and other policies or terms and conditions that may apply to your use of any of the Services, the terms of this Privacy Policy will prevail.
2. COLLECTION OF PERSONAL INFORMATION AND YOUR PRIVACY
From time to time we may collect or request personal information from you in the course of providing you, or by you accessing and using, the Services. Personal information is any information about you that identifies you, or by which your identity can reasonably be ascertained.
3. WHAT INFORMATION MIGHT WE COLLECT?
The type of personal information we may collect when you access and use the Services includes your name, postal and delivery address, email address, phone number and any other information that we request.
If you visit PAK’nSAVE’ stores, those stores may collect your personal information through their CCTV camera system, including your image and the number plate of your vehicle.
In addition, in the course of using some of the Services (for example, PAK’nSAVE Online), we may collect various other information from you, including demographic information (e.g. age, gender), mobile location data, order information (e.g. your preferences, purchases and returns history) and other information that we request.
You may register with PAK’nSAVE to receive regular marketing communications from us, for example via email or text message. If you choose to register to receive regular marketing communications or to use any of the Services, you will need to provide us with certain personal information to create an account, which may include your name, age, postal address, email address, phone number and other requested information.
If you do not provide us with some of this information then you may not be able to access some or all of the Services, including the marketing communications available after registration.
From time to time we may also collect from you in the course of providing you, or by you using and using, the Services, information that is not personal information at the time of collection (Non-identifiable Information), for example payment card information. However, by choosing to register to use any of the Services, you agree that we may combine the Non-identifiable Information with your personal information that we collect, or that is otherwise held by Foodstuffs, its partners or service providers, in a manner that will change the nature of the Non-identifiable Information such that it becomes personal information. You agree that we may use this Non-identifiable Information in accordance with this Privacy Policy.
4. WHY DO WE COLLECT PERSONAL INFORMATION?
We collect personal information in order to provide you with, and allow you to access and use, the Services.
By accessing and using the Services, or by registering to receive marketing communications, you agree that we may collect, store and use any of your personal information including to do any of the following:
• To allow you to access and view your account created to receive the Services or marketing communications;
• To assist in providing the Services that you request, including to contact you about your use of the Services and process and deliver any orders placed through the Services. For example, if you made a purchase through PAK’nSAVE Online, we may contact you about your order;
• To allow you to participate in competitions and promotions which may be available to PAK’nSAVE’s customers from time to time;
• To contact you for other Foodstuffs’ marketing and promotional purposes;
• To take actions required to keep your information secure;
• To enhance your overall experience of the Services;
• To provide or send you targeted marketing (or allow a third party to provide you) via email, online (including social media) or physical mail, with details of special offers, discounts, prize draws, loyalty programmes, competitions and information about products or services offered by PAK’nSAVE, or other third party providers, or other information that may be of interest to you, your family or household;
• Identify and determine the benefits, offers or promotions that may be of interest to you, your family or household based on your use of the Services;
• To undertake data analytics, insights or data mining (including the anonymisation or aggregation of your personal information with other data to identify patterns and trends, and use the full benefit of that analysis);
• To build a view of you as a customer by collating all personal information that PAK’nSAVE, Foodstuffs, and our partners and service providers, hold about you, including collected via any Foodstuffs’ managed platforms or services, in a single profile, so that we can analyse and improve your experience and the services provided to you by PAK’nSAVE;
• To conduct research related to your use of the Services;
• Help you complete any application by you to join Foodstuffs’ loyalty programmes; and
• If you visit PAK’nSAVE stores, to detect and prevent criminal or disorderly behaviour and to monitor and ensure the safety and security of people in or around those stores, including our staff and customers; and
• Such other purpose we make known to you at the time of collection.
In doing so, your personal information may be combined with other personal information held by Foodstuffs, our partners and service providers.
Where possible, PAK’nSAVE will collect your personal information directly from you. However, we may also collect your personal information from third parties you have authorised to share your personal information or who help us to manage loss prevention, retail crime, damage to property and public safety, including other retailers. We may also take any reasonable action required to keep your information accurate and secure.
5. DO WE DISCLOSE PERSONAL INFORMATION TO ANYONE ELSE?
In providing you with, or by you accessing and using, the Services, including where you register for an account to use the Services, we may sometimes need to disclose your personal information to others. By using one or all of the Services, you agree that we may disclose your personal information for any of the purposes listed in the above section, but only to the extent necessary to achieve those purposes.
We may disclose your personal information to:
• a Foodstuffs entity and its staff;
• a franchisee of Foodstuffs;
• any relevant third party that offers goods or services that we think may be of interest to you (for example, fuel providers);
• a third party outside of PAK’nSAVE who is contracted to us (or Foodstuffs) to provide a particular service to you on our behalf;
• a third party outside of PAK’nSAVE who is contracted to us (or Foodstuffs) to provide a particular service to us (or Foodstuffs);
• our appointed payment provider to process your payments for purchases;
• a third party helping us to manage loss prevention, retail crime, damage to property and public safety, including other retailers and law enforcement agencies; and
• third parties when we believe in good faith that we are required to do so by law.
You consent to the disclosure of your personal information in accordance with this Privacy Policy to the parties listed above.
6. COOKIES AND TRACKING
When you access PAK’nSAVE’s websites, social media pages and/or mobile apps, we may use cookies to track your use of the Services so that we can provide you with the best possible shopping experience. A cookie is a small piece of data that a website sends to your browser that may be stored on your system. Some information/services may be unavailable if you chose to disable your browser from accepting cookies.
We may use the information generated by cookies to:
• track traffic patterns to and from the relevant website;
• ensure any content (which may include any advertising) is being shown to the most appropriate person; and
• enable us to serve targeted advertising to you (on our website and elsewhere).
By using the Services you consent to the storing and accessing of cookies or other information on your device in connection with your use of the website.
7. ANALYSIS TOOLS
We use various app, web and/or email analytics tools to collect information about your activity when you use the Services through one of our websites or mobile applications (e.g. paknsave.co.nz, PAK’nSAVE Online). The information we collect through the use of such analytics tools may be information about you (e.g. products, services, or specials that you engage with on the relevant website) or anonymous information (e.g. the number of visitors per day or the average amount of time spent on the relevant website). By accessing and using one of our websites, you consent to our use of such analytics tools to collect information about your access and use of the Services through that website.
8. DIRECT MARKETING AND CONSENT TO RECEIVING MESSAGES
When you register to receive marketing communications from us, your name and contact details will be added to our PAK’nSAVE database (and/or a database of Foodstuffs), and you consent to receiving messages from us by email, text message, or physical mail (depending on what information you provide us and your stated preferences).
All commercial electronic messages from us will contain an unsubscribe function if you no longer want to receive commercial electronic messages from us. You can unsubscribe from receiving emails from PAK’nSAVE at any time by clicking the link in any email you receive from us through to your account and changing your account preferences, by unsubscribing from an email itself, or by contacting the specified PAK’nSAVE email address (if applicable). To opt-out of receiving text messages from us, either reply ‘STOP’ to a text or update your account preference details. We will endeavour to update your account preferences as soon as possible. If you unsubscribe or cancel your registration we may not be able to provide you with all or some of the Services.
9. SECURITY OF PERSONAL INFORMATION
Security of personal information is very important to us and we will take all reasonable steps to protect your personal information from misuse, loss, unauthorised access, modification or disclosure.
However, you acknowledge that security of the transmission of data over the internet can never be guaranteed, and it is your sole responsibility to protect access to any emails you receive from us that provide access to your account. To the maximum extent permitted by law, Foodstuffs will not be liable for any direct or indirect damage or loss if any third party gains unauthorised access to your information.
We will only retain personal information for as long as is required for the purposes for which that information may lawfully be used. Where PAK’nSAVE collects personal information through the use of video surveillance systems, we may retain the personal information for as long as is necessary to investigate a crime or incident in accordance with New Zealand law.
10. ACCESSING, CORRECTING AND UPDATING PERSONAL INFORMATION
Your personal information (other than personal information collected by a FR Trial Store using its FR System) will be held by Foodstuffs (N.Z.) Limited or Foodstuffs North Island Limited at 35 Landing Drive, Mangere, Auckland 2022, or by Foodstuffs South Limited at Main North Road in Christchurch and/or by one or more of Foodstuffs' trusted data service providers. Under the Privacy Act you have the right to access your personal information that we hold, and to have that information corrected and/or updated. You may be able to update some of your personal information online via your account. To otherwise access, correct or update information we hold about you please contact our customer support on 0800 725 672. We will rely on the information that you have provided us so please ensure that information is accurate and kept up-to-date.
If you find that information we hold about you is incorrect, please contact us immediately and we will correct it. Our contact details are above.
11. FACIAL RECOGNITION TRIAL
This section sets out how a FR Trial Store will collect, use and protect personal information collected using that store’s FR System.
How will I know it’s a FR Trial Store?
Each FR Trial Store will have signage to notify you that it is participating in our facial recognition trial. If you do not want your personal information to be collected by the FR System, please do not enter a participating store.
What type of personal information will a FR Trial Store collect using its FR System?
A FR Trial Store will collect facial images of everyone entering that store. The store’s FR System will convert these facial images into a digital code called a ‘biometric template’ and will compare that biometric template with those of individuals who that store has previously identified as a person of interest (as defined below). If your facial image does not match with the image of a person of interest, your image and associated biometric template will be automatically deleted from the FR System immediately.
The FR Trial Store may also collect and save your image from its CCTV system into its FR System if the store reasonably believes that you are a person of interest.
A person of interest is someone who has:
(a) stolen or damaged store property, or been aggressive, violent or threatening towards staff or customers, or re-entered the store after being trespassed (an “offender”); or
(b) actively assisted an offender in the commission of the harmful behaviour described in (a) (an “accomplice”).
If you are a person of interest, stores may also collect the following personal information:
• your name;
• a description of the incident; and
• a trespass notice reference ID.
How long will personal information be kept in a FR Trial Store’s FR System?
Where the FR System does not find a match between the collected facial image and a person of interest, then the collected facial image (and associate template) is immediately and automatically deleted.
Where the FR system finds a match and that match is verified by specially trained staff as a person of interest, it will store images of offenders for up to 2 years (unless they re-offend), and images of accomplices for 3 months.
Will personal information collected by a FR Trial Store’s FR System be disclosed to anyone else?
Personal information collected by a FR Trial Store’s FR System will only be disclosed to:
• specially trained store personnel with a legitimate need-to-know;
• Foodstuffs and its service providers for the purpose of running and evaluating the facial recognition trial and assisting the FR Trial Store with operating its FR System; and
• law enforcement where compelled to do so by law.
Please note that FR Trial Stores cannot access or extract biometric templates from their FR Systems.
Can I request removal of my image from the FR system?
In certain circumstances, a FR Trial Store can remove an individual that is a person of interest from its FR System. All other images are automatically deleted from the FR System if there is no match.
If you wish to query your enrolment in the FR System as a person of interest, or if you have any other questions, please email [email protected].
If you wish to request the removal of your information/image from the FR system, please set out in your email: (i) the store the incident took place in, (ii) the date and time of the incident, (iii) what happened, and (iv) the reasons why your information/image should be removed from the FR system. The store will then consider your request by reviewing the information you have provided, including assessing it against the information it has relating to the incident.
How do I access and update my personal information held in a FR Trial Store’s FR System?
You may submit a request to access and correct any personal information held about you by a FR Trial Store directly to that store or by emailing [email protected].
Last updated: 7 February 2024