The Ministry for Cities, Environment, Regions and Transport (the Ministry) is committed to protecting the privacy and security of personal information as part of the New Zealand Emissions Trading Scheme (NZ ETS) auction process.
CBL Markets (Australia) Pty Ltd (a company within the Xpansiv Limited group) operates and runs the managed auction service and auction platform for the NZ ETS on behalf of the Ministry. Xpansiv and its subsidiaries may collect, use, disclose, transfer, store and process personal information in accordance with this Privacy Policy, its contractual obligations with the Ministry, and any applicable law.
In this Privacy Policy, ‘Xpansiv’, ‘we’, ‘our’ and ‘us’ mean CBL Markets (Australia) Pty Ltd (including other members of the Xpansiv Group to the extent they provide a service in relation to the operation of the NZ ETS auction) and/or the Ministry (as the context may require).
This Privacy Policy explains how we collect, use, disclose, transfer, store and otherwise process personal information in connection with operating the NZ ETS auction platform and related auction administration activities, as well as on the related websites, applications, platforms, products, services, and communications.
Changes to the Privacy Policy
This Privacy Policy may be updated from time to time. When changes are made, we will notify you of the changes and republish the Privacy Policy on the NZ ETS auction website with a revision date.
User Acknowledgement
By registering and then using the NZ ETS auction platform, its websites, applications, platforms, products or services, or by otherwise interacting in connection with NZ ETS auction-related services, you acknowledge that we may collect, use, transfer, process, disclose and store your personal information in accordance with this Privacy Policy and as otherwise permitted or required by applicable law.
Where you provide personal information to us on behalf of another person, you confirm that you have authority to do so and that you have provided any notice and obtained any consent required by applicable law.
Who does this Privacy Policy apply to?
This Privacy Policy applies to individuals who have any of the following relationships with us:
(a) Corporate representatives, including employees, directors, officers, trustees, authorised users and other representatives of our customers, prospective customers, NZ ETS auction participants or applicants;
(b) Web visitors and users of our websites, applications, platforms, social media pages, the NZ ETS auction platform and other online services;
(c) Subscribers and communicators, including individuals who request information, subscribe to communications or correspond with us by email, post, social media or other channels; and
(d) Individuals whose personal information we receive in connection with our NZ ETS auction-related services.
What personal information do we collect?
We collect personal information when you interact with us, use the NZ ETS auction platform or its websites, platforms, products or services, and/or register for an account.
The types of personal information we may collect include:
(a) Identity and contact data, such as name, email address, postal address, billing or delivery address and telephone number;
(b) Technical and usage data, such as IP address, device identifiers, browser type, operating system, login information, pages viewed, dates and times of access, referring URLs, search terms and interactions with the NZ ETS auction platform and its websites, applications and platforms;
(c) Transaction, auction, service and relationship data, such as products or services requested or provided, auction applications, bids, allocations, payment and billing information, contracts, correspondence, customer support records, complaints, audit records and compliance records maintained in accordance with the terms and conditions of the NZ ETS and Xpansiv’s internal compliance policies and procedures.
Why we need your personal information
We need your personal information for the following purposes:
- operating, administering, protecting and improving the NZ ETS auction platform and our business, websites, applications, platforms;
- managing customer relationships; and
- meeting legal, compliance, audit and risk management obligations.
If you do not provide personal information requested by us, we may not be able to provide products or services to you, register or maintain your account, verify your identity, assess an application, enable participation in an NZ ETS auction, communicate with you or comply with applicable law.
How we use your personal information
We may use your personal information to:
- provide, administer, and support the NZ ETS auction platform and its websites, applications, platforms, products and services;
- register users, verify identity, assess eligibility and manage access to accounts, systems, services and NZ ETS auction participation;
- communicate with you, respond to enquiries, provide customer support and maintain records of communications; and
- manage billing, payments, contracts, auction participation, bids, allocations, transactions and settlements.
Other uses of your personal information
We may also need to use your personal information:
- where necessary to comply with legal obligations;
- where you have given valid consent, including for certain communications where required by law; and
- where necessary to manage and protect our legal rights, enforcing and defending legal claims.
Disclosure of personal information
We may share personal information with other third parties described below to provide services, administer NZ ETS auction-related activities, comply with applicable law, conduct audits or risk assessments or otherwise carry out the purposes described in this Privacy Policy. We do not license, sell, trade or lend personal information for money or other valuable consideration.
Third parties with whom we may share personal information include:
- payment, banking, identity verification, customer support and other service providers for the NZ ETS auction platform;
- regulators, governmental authorities, courts and law enforcement agencies;
- professional advisers, and auditors; and
- other counterparties or intermediaries where necessary to facilitate an auction, transaction requested by you.
International transfers
We may transfer your data internationally where necessary to carry out our functions or responsibilities under applicable law. Where we do this, we take steps designed to ensure that the transfer is made in accordance with applicable data protection laws, including by using appropriate contractual, organisational and technical safeguards where required.
Data retention
Xpansiv retains your personal information for as long as it has an ongoing commercial relationship with you, in order to comply with appliable legal and regulatory requirements (including responding to enquiries from governmental bodies and establishing, exercising or defending legal claims, disputes or complaints).
Data security
We maintain appropriate administrative, technical and physical safeguards and other reasonable security measures designed to protect personal information against accidental or unlawful destruction, loss, alteration, unauthorised disclosure or access, misuse and other unlawful use. These measures may include firewalls, encryption, password protection and access, authentication and authorisation controls.
Retention periods for auction-related personal information are set by, and held on behalf of, the Ministry in accordance with its record-keeping requirements. When personal information is no longer required to be retained, it will be securely destroyed, deleted, or de-identified so that it can no longer be retrieved by ordinary means, or returned to the Ministry, in accordance with those requirements
No method of transmission or storage is completely secure. We are not responsible for the security of information that you transmit to us over networks that we do not control, including internet and wireless networks.
Your rights and choices
Depending on where you are located and subject to applicable law, you may have rights to access, correct, update, delete, restrict, object to, or receive a copy of your personal information, withdraw consent, opt out of certain processing, or lodge a complaint with a data protection authority. Some rights are not absolute and may be subject to limitations or exceptions. We may need to verify your identity and your authority to act before responding to a request.
If you are a resident in New Zealand, under the Privacy Act 2020 you have the right to ask for a copy of any personal information we hold about you, and to ask for it to be corrected if you think it is wrong. If you’d like to ask for a copy of your information, or to have it corrected, please email dpo@xpansiv.com.
If you are a resident of the European Economic Area, you may have certain data protection rights in addition to those under the Privacy Act 2020. We will process personal information related to this Privacy Policy as processor in accordance with applicable obligations under the GDPR.
Cookies and similar technologies
We and our service providers may use cookies and similar technologies to operate the NZ ETS auction platform and its websites, in order to remember preferences, support login and security functions, analyse usage, improve performance and provide relevant communications or content. You may be able to manage cookies through your browser settings or other available tools.
Contact details
If you have questions about this Privacy Policy, how we use personal information, or would like to exercise your rights in relation to your personal information, please contact Xpansiv’s Data Protection Officer at dpo@xpansiv.com. If you would like to access and/or correct any personal information the Ministry holds, please contact us via email at enquiries@mcert.govt.nz or post at PO Box 82, Wellington 6140.
For further information about your privacy rights under New Zealand law, you may contact the Office of the Privacy Commissioner at PO Box 10 094, Wellington 6140 or visit www.privacy.org.nz.