E-Station Privacy Policy
1. INTRODUCTION
1.1 E-Station Limited (“we” or “us”) respects your privacy at all times. This Privacy Policy describes what personal information or data we collect, and how we use, store and disclose the personal information we collect, to ensure we comply with our obligations under the Privacy Act 2020 (the “Act”).
1.2 By providing your personal information or using our goods/services, you agree to this Privacy Policy. If you provide information about any other person, then you must be authorised by that
person to provide such data to us. Please read our Privacy Policy carefully.
1.3 This Privacy Policy may change at any time and we will tell you about any changes by posting
an updated policy on our website. These changes will take effect from the date we post it, so please ensure you review our Privacy Policy from time to time. By using our goods/services/website, or visiting our premises, you will be accepting these changes.
2. WHAT INFORMATION WE COLLECT
2.1 We may obtain information about you from various sources, including through your general
interactions with us and through your use of our goods/services/website.
2.2 The types of personal information we may collect through your general interactions with us
include:
(a) name, contact details, date of birth and other contact information;
(b) IP address, device ID, memory information, browser type and version, connection speed,
network information, geographical location, device identifiers and cookie identifiers;
(c) billing and address information;
(d) conversations with us, our agents or other persons;
(e) email communications, and your written or verbal interactions with us or our agents;
(f) number of visits to our website;
(g) use of our social media platforms;
(h) product and service preferences; and
(i) any other information that is reasonably necessary for us to run our business and provide
our services.
2.3 When you use our website, the data we collect depends on the authentication method used but may include, without limitation, profile information (e.g. from your Facebook or other social media profiles) and information voluntarily entered by you on our website (e.g. name, gender, birthdate, email address, phone number).
2.4 We will take reasonable steps to ensure the personal information we hold is accurate, up to date, complete, relevant, and not misleading.
3. HOW WE COLLECT INFORMATION
3.1 We will usually collect personal information directly from you or from your nominated agent
when you or your nominated agent:
(a) interact with us over the phone, via email or letter, via our website;
(b) meet with us or our agents;
(c) visit our premises;
(d) use our goods/services/website.
3.2 We also use cookies and similar tracking technologies to track the activity on our website and
hold certain information. We use cookies to enable efficient navigation of our website only and
not for the purpose of collecting personal information. You may disable cookies by changing the
settings on your browser, although this may mean that you cannot use all of the features of the website.
3.3 We (and any authorised third parties in accordance with this Privacy Policy) may also collect
personal information:
(a) when you apply for employment or contracting opportunities with us;
(b) when you submit your personal details to participate in competitions and promotions or to
subscribe to any of our communications;
(c) through the use of cookies and web beacons when you use our website;
(d) from a government department, or law enforcement agency (in relation to security
matters);
(e) from our business partners that sell you goods or services; and
(f) from publicly available sources of information, such as telephone directories and website.
3.4 When we receive personal information from a third party, we will process that data in accordance with this Privacy Policy.
3.5 If you choose not to provide your personal information to us, we may not be able to:
(a) provide you with the product or service you want;
(b) respond to your requests;
(c) manage or administer your product or service;
(d) personalise your experience with us; or
(e) verify your identity or protect against fraud.
4. WHY WE COLLECT THE INFORMATION
4.1 We, and any third parties in accordance with this Privacy Policy, may use your personal information for any one or more of the following purposes, to pursue our “legitimate interests”
as follows:
(a) to provide, administer and communicate with you on our goods, services and promotions;
(b) to tailor experiences to you and report back to you on your experience;
(c) to help us develop, market, improve, manage or review our goods and services;
(d) to conduct client surveys in order to improve our goods and services;
(e) to enforce our terms and conditions;
(f) to ensure safety polices are being followed;
(g) to comply with applicable legal requirements, industry standards and our policies, and as
part of the investigation and analysis of incidents such as;
(h) to detect and capture evidence of any crime (in particular alleged theft of goods);
(i) to respond to queries, complaints or to provide you with our general customer service;
(j) to comply with requests made by a court or governmental or other public authority, for example, in connection with legal proceedings or the prevention or detection of fraud and crime;
(k) to notify you of services, special offers, opportunities, goods or benefits that are being
offered by us; and
(l) to generate statistical information and reports on the use of our goods and services.
4.2 We may use your personal information for additional purposes related to the purposes listed
above, where we reasonably believe that the purpose for which the information is to be used is
directly related to the purpose in connection with which the information was obtained, or where
an exception under the Privacy Act 2020 applies.
4.3 By providing your email address, you consent to us sending you information connected with the above collection and use purposes via email.
5. WHO WE SHARE INFORMATION WITH
5.1 We may share information with our staff, related companies, advisers or third parties contracted to us, however personal information will only be shared with our personnel if it is necessary for them to carry out their work for us and to meet your request for goods and services.
5.2 We may disclose information about you to law enforcement authorities or other government
official:
(a) if we are required to do so by law;
(b) if we believe disclosure is necessary or appropriate to prevent physical harm or financial
loss; or
(c) in connection with an investigation of suspected fraudulent or illegal activity.
5.3 We also reserve the right to disclose personal information we have about you if we sell or
transfer all, or a portion of, our business or assets or subsidiaries or related companies. If such
a sale or transfer occurs:
(a) we will use reasonable efforts to direct the purchaser to use personal information you have provided to us in a manner that is consistent with our Privacy Policy; and
(b) following such a sale or transfer, you may contact the entity to which we transferred your personal information with any enquiries concerning the processing of that information.
5.4 Your personal information may be disclosed offshore where this is necessary for us to run our
business and provide our services. For example, we may use third party data managers based here or overseas (such as cloud-based database companies). However, your personal information will only be disclosed offshore where we reasonably believe the protections that apply to your information will be as good as the protection that applies in New Zealand, or where we obtain your express permission.
5.5 We will not disclose personal information to any other agency or to any other person unless we believe on reasonable grounds that the disclosure of the information is one of the purposes in connection with which the information was obtained or is directly related to one of those purposes, or if we believe another exception under the Privacy Act 2020 applies.
6. HOW WE PROTECT AND RETAIN INFORMATION
6.1 We implement and maintain appropriate administrative, technical and physical safeguards
designed to protect the personal information you provide against accidental, unlawful or unauthorised destruction, loss, alteration, access, disclosure or use. We use encryption on our website from which we transfer certain personal information.
6.2 We will take reasonable steps to ensure that where we use unique identifiers (i.e. individual numbers, references or other forms of identification in relation to an identifiable individual), the
risk of misuse is minimised.
6.3 If needed to provide our products or services, we may store your data securely on servers owned by Google or any other technology provider as determined by us.
6.4 Communications over the internet are not secure unless they have been encrypted. We cannot guarantee the security of any transmission to us by email or otherwise.
6.5 We only keep your identifiable personal information for as long as and to the extent that we need it to reasonably meet the purposes for which we collect it (as set out in this Privacy Policy).
6.6 When we no longer require your personal information for the reasons outlined above, we will destroy, delete or permanently anonymise it.
7. YOUR RIGHTS AND CHOICES
7.1 We offer you certain choices about what personal information we collect from you, how we use that information, and how we communicate with you. You also have certain rights, including the rights to:
(a) not provide personal information to us;
(b) refrain from submitting information directly to us;
(c) ask us not to share your personal information with third parties;
(d) request that we edit or correct any personal information we hold about you;
(e) request access to your personal information;
(f) withdraw any consent you previously provided to us; or
(g) object at any time on legitimate grounds to the processing of your personal information.
7.2 In some circumstances, taking these actions may mean that you cannot take advantage of our
goods and services. You do not need to provide us with some information that we automatically
collect (e.g. some cookies), but we may need this information to provide you with full functionality of our goods and services.
7.3 You can request access to, and correction or deletion of, your personal information held by us.
We will process all requests for access, correction or deletion within a reasonable time. If you would like to ask for a copy of your information, or to have it corrected, please contact us.
7.4 The right to access personal information may be limited in some circumstances by legal
requirements or statutory (or other legal) exceptions. In order for us to process your request, we will need to verify your identity. If we refuse you access to your personal information, we will provide you with an explanation for that refusal.
7.5 Subject to the Act, we will notify you as soon as practicable of any privacy breach that involves your personal information, and where we believe that breach is likely to cause you serious harm. We will also notify the Privacy Commissioner in accordance with the requirements of the Act.
8. QUESTIONS AND COMPLAINTS
8.1 If, at any time, you have questions, concerns or comments about this Privacy Policy or our
privacy practices, please contact us by e-mail at info@e-sation.co.nz or by calling us.
8.2 If you wish to complain about any breach or potential breach of this Privacy Policy, please contact us by email and we will make every effort to resolve your complaint internally. If we do not resolve the complaint to your satisfaction, you may apply to the Privacy Commissioner.
8.3 For more information on how you may lodge a complaint with the Privacy Commissioner, please contact the Commissioner on 04-474-7590 or at https://www.privacy.org.nz/about-
us/contact/.
Terms of Trade
These Terms of Trade (Terms) apply to any supply of goods or services (Goods and Services) to a customer (you, your) by E-Station Limited (we, us, our). These Terms include any written quote from us for those Goods and Services.
1. ACCEPTANCE
1.1. You accept these Terms by engaging us to supply the Goods or Services, using any of our
apps or software, using our Services, or paying any deposit or other amount. These Terms
prevail over any purchase order or other communication, unless we agree otherwise.
1.2. If you are purchasing or using our Goods or Services on behalf of another person, you represent and warrant that you are authorised to do so. Nothing contained within these Terms prevent us from providing our Goods and Services to any other person.
2. DEPOSIT
2.1. The deposit payable for the Goods or Services is payable upon receipt of an invoice or as
otherwise notified by us. You accept that the deposit is non-refundable, except where we
breach these terms.
2.2. If the sale is completed, we will apply the deposit against the total purchase price. If you pay a
deposit but the transaction is not completed for any reason (except fault on our part), we will use reasonable endeavours to repurpose any Goods already ordered. Any deposit is non-
refundable unless we decide otherwise (e.g. where we repurpose the Goods).
3. QUOTATION
3.1. Any quote for Goods and Services will be valid for 30 days from the date of the quote, unless
we withdraw it before acceptance.
3.2. Where no quote is provided, the price for the Goods and Services will be calculated on a time
and materials basis.
3.3. We reserve the right to charge you additional amounts if:
(a) you request alterations to the specifications for the Goods and Services; or
(b) we incur costs in obtaining components or services for the Goods and Services.
4. WARRANTY
4.1. We warrant that we will carry out the Services in a good and workmanlike manner using
reasonable skill and care. We will use reasonable endeavours to meet any estimated timeframe
for supply of the Goods and Services.
4.2. We may use and integrate the work of contractors or third parties in supplying the Services. We are not responsible for the performance of a contractor or third party where you instruct us to use a contractor or third party.
4.3. Any Goods supplied by us come with a one year manufacturer warranty, unless we specify
otherwise. If any warranty issues arise with the Goods supplied, you must make any warranty
claims through us as agent. We will then progress your warranty on your behalf directly with
the manufacturer of the Goods.
4.4. To the extent permitted by law, we do not warrant that any Goods or Services supplied will
meet your requirements or be fit for a particular purpose, or that they will be secure, free of
viruses or other harmful code, uninterrupted or error free.
4.5. You must not disconnect any Goods from any of our cloud software, and must not connect any Goods to any third party or open charge point protocol (OCPP) cloud software without our written consent. We may charge disconnection fees if you breach this clause or if we allow you
to disconnect any Goods.
5. PAYMENT
5.1. We will invoice you for any amounts due before we supply any Goods and Services, or on later
dates as we may agree from time to time.
5.2. Unless otherwise agreed in writing, you must pay any invoice no later than 7 days following the date of the invoice (the Due Date). You must pay all amounts that are due and payable under
these Terms in full and without set-off or deduction of any kind.
5.3. If any payment is not made by the Due Date, we may charge default interest at the rate of 15% per annum (calculated daily from the Due Date) and may apportion payments to outstanding
accounts as we see fit.
5.4. If you dispute any invoiced amount, you must pay any undisputed amount and notify us of the dispute within 10 days of the Due Date.
5.5. Unless otherwise specified, all prices for Goods and Services are in New Zealand dollars and
exclude GST.
6. COLLECTION / DELIVERY
6.1. If we agree that the Goods will be delivered to you, we will arrange delivery of the Goods to you and will specify any associated delivery costs that you must pay. You will be responsible for obtaining any specific insurance you require in respect of the Goods during transit.
6.2. If you are collecting the Goods and you do not collect any ordered Goods within 30 days of the Goods arriving at our premises, we reserve the right to invoice you for the remaining cost of the Goods.
6.3. If you do not collect the Goods within a further 30 days from the date of the invoice for the
outstanding price of the Goods, you will forfeit the Goods to us and we may deal with the Goods
in our discretion (including selling those Goods to others). If you forfeit any Goods, we may
provide you with a credit for any amount paid, valid for 12 months.
7. RISK, TITLE & SECURITY
7.1. Risk in the Goods and Services passes to you on the earlier of when you (or any carrier) take possession of the Goods and when title passes to you under 7.2.
7.2. Ownership and title in the Goods and Services, or any proceeds from on-sale of the Goods, will not pass until you have paid us in full for the Goods and Services and all other sums due to us on any account whatsoever.
7.3. You acknowledge that these Terms may constitute a security interest in any Goods supplied in favour of us. We may at any time register a financing statement on the Personal Property Securities Register to protect our security interest in the Goods.
7.4. You agree to:
(a) waive any right to receive a copy of any financing statement, financing change
statement or verification statement; and
(b) sign any documentation that we may reasonably require to register a financing
statement or financing change statement.
8. LIABILITY
8.1. To the extent permitted by law, our liability is limited to the lesser of:
(a) the price of the relevant Goods and Services;
(b) the cost of completing any necessary repairs/remedial work; and
(c) the actual loss or damage suffered by you.
8.2. If any Goods and Services are defective:
(a) you must notify us in writing within 10 working days after delivery; and
(b) we may, in our absolute discretion, repair, replace or re-perform any defective Goods
and Services, or refund the amount paid for those Goods and Services.
8.3. To the extent permitted by law, we will not be liable for:
(a) any indirect, consequential or economic loss or damage, or for any loss or profit, data
revenue, production or opportunity;
(b) any defective workmanship of Goods or Services supplied by any other person; or
(c) any defect, delay or failure to supply the Goods and Services due to any circumstances
beyond our control.
8.4. If you purchase our Goods and Services for personal or household use, you may have protections under the Fair Trading Act 1986 and the Consumer Guarantees Act 1993 (CGA). These protections may include the right to a repair, replacement or refund under the CGA.
8.5. Except as set out in these Terms, we exclude (to the extent permitted by law) any and all
conditions, guarantees, warranties or representations that might otherwise be implied by law,
trade, custom or otherwise. In particular, we exclude:
(a) all implied terms, conditions and warranties contained in the Contract and Commercial
Law Act 2017; and
(b) the guarantees contained in the CGA, where you acquire Goods and Services for
business purposes in terms of sections 2 and 43 of the CGA.
8.6. You acknowledge that you are responsible for arranging your own insurance and that the Goods are at your own risk from when you (or any carrier) take delivery of the Goods.
8.7. We do not accept returns or exchanges for Goods unless they are faulty/damaged and covered by the warranty as set out in clause 4.3 or the CGA. If you find that Goods you have ordered do not meet your needs, or if you change your mind, we will only process returns or exchanges at our discretion. We may, at our sole discretion, charge a fee of up to 10% of the sale price of the Goods. You must pay any freight costs of returning the item to us.
9. CANCELLATION OR TERMINATION
9.1. Any order you make with us for our Services may not be cancelled unless you notify us of your
wish to cancel the order in writing and you pay the cost of:
(a) any Services already provided to you up to the date of the notice of cancellation;
(b) any items or materials we have purchased for the order that we cannot reasonably
make use of elsewhere, in accordance with clause 2.2; and
(c) any other costs or liabilities we have incurred before we receive the cancellation notice.
9.2. If you breach any of these Terms, or become insolvent or unable to pay your debts when they
fall due, we may do any or all of the following:
(a) suspend your account and our provision of Goods and Services;
(b) enter onto any property and repossess any Goods that have not been paid for in full;
(c) require immediate payment of any amounts outstanding;
(d) delay or withhold the supply of any Goods and Services; or
(e) immediately terminate these Terms.
10. PRIVACY
10.1. You authorise us to collect, retain and use information about you from any person for the
purposes specified in our Privacy Policy, available at: www.e-station.co.nz. You agree we may
disclose information about you to any person to the extent required to enable us to exercise any power or enforce any of our rights, remedies and powers under these terms.
10.2. On the cancellation or termination of our engagement with you, we will dispose of any personal information collected by us for the purposes of supplying the Goods and Services. We assume no liability in respect of any personal information we dispose of under this clause.
11. FORCE MAJEURE
11.1. We accept no liability for any defect, loss, damage or delay caused by strike, lockout, damage
to or breakdown of plant, government interference, war, storm, fire, flood, riot, explosion,
earthquake, epidemic, pandemic, force majeure or any other cause beyond our control.
12. GENERAL
12.1. We reserve the right to sub-contract any part of the supply of the Goods and Services. You must not assign any of your rights or obligations under these Terms without our written consent.
12.2. You must pay any and all costs incurred by us (including legal costs, as between solicitor and
client) in the enforcement or attempted enforcement of any of our rights, remedies or powers
under these Terms.
12.3. If any of these Terms are held to be invalid, void, unenforceable or illegal for any reason, such provision will be severed from these terms and the remaining provisions will continue to apply.
12.4. A failure or delay by us in enforcing a right under these terms is not a waiver of that right. Any waiver must be in writing and signed by us.
12.5. These Terms contain the entire agreement between you and us and supersede all other understandings or arrangements relating to its subject matter.
12.6. We may update these Terms at any time and the updated Terms will apply to any Goods and Services supplied after that date.