OnDemand privacy statement

The Bay of Plenty Regional Council (collectively referred to as “BOPRC”, “we”, “our” or “us”) is committed to protecting the privacy of your personal information.

We are subject to the Privacy Act 2020 (the “Act”) and the Local Government Official Information and Meetings Act 1987, which govern how personal information is collected, used, stored and accessed.

This privacy statement tells you about the collection, use and disclosure of your personal and other information through your use of the Baybus OnDemand rideshare service (“Baybus OnDemand”), the Baybus OnDemand mobile application (the “App”) and the contact centre service, or when you correspond with us in person, or by letter, phone, email or other means of electronic communication. The App is provided by Via Mobility LLC, a third-party software service provider.

This policy does not apply to the Bee Scheme or Bee Cards. Personal information collected when you use the Bee Scheme is managed in accordance with the Bee Privacy Statementopen_in_new.

By using the App, you consent to the use of your personal information in accordance with this privacy statement (as may be amended from time to time).

1. What kind of personal information do we collect?

Bay of Plenty Regional Council may collect the following information as part of your use of Baybus OnDemand:

• Contact details – your first name, last name, email address and phone number, and avatar
• Payment information – credit or debit card details, and transaction history
• Booking information –fare type, number of passengers and pickup and drop-off location information (virtual bus stops)
• Trip information – trip status, route taken, time taken to get to the virtual bus stop
• Location information – your phone’s location in the 30 minutes prior to your expected pickup.

Your provision of this information is voluntary. If you decide not to provide it then you will be unable to use Baybus OnDemand.

Any information that is optional to provide (e.g. an avatar) is clearly shown when using the App.

2. How is your personal information collected?

Your information may be collected:

1. 1. through your use of the App;
   2. through your communications with the call centre; or
   3. through your use of Baybus OnDemand.

3. Why do we collect your personal information?

We will use your personal information for the purposes for which it was provided to, or collected by, us. We will also use your contact details to inform you of BOPRC activities and services that may directly affect you. We will not use your contact details for general marketing purposes. If you would like to stop receiving correspondence from us at any time please contact us or, alternatively, you can contact our Privacy Officer at privacy@boprc.govt.nz Please be aware that you may still receive correspondence from us if this is required for us to comply with legislation or to perform our statutory obligations.

We may collect your personal information to:

1. provide you with travel on Baybus OnDemand by:
   • assisting you in locating a virtual bus stop for pickup
   • ensuring the appropriate vehicle is provided and to a suitable pickup location
   • enabling the app to schedule drop-offs and pickups and work out routes
   • ensuring you are delivered to your desired destination.
2. identify you as you enter the bus.
3. handle bookings, queries or complaints regarding your use of Baybus OnDemand.
4. stay in touch with you regarding your queries, complaints, comments, or requests for information or services.
5. improve the Baybus OnDemand service offered by BOPRC.
6. correspond with you for purposes such as consultation, market research and surveys specifically relating to Baybus OnDemand.
7. administer and improve the App.
8. process transactions that you may conduct through the App.

We may also use your personal information for the purpose of:

• • • complying with any relevant legislation or regulations.
    • quality improvement (such as compliance with our audit obligations or for continuous improvement of our products and services).
    • statistical analysis, in which case your personal information will be aggregated and used in a way that will not identify you personally.
    • other reasons that may be permitted by the Act (e.g. with your consent or where the law permits or requires it).

4. Sharing of your personal information

We respect the privacy of your personal information and will take all reasonable steps to keep it strictly confidential.

Access to your information is confined to authorised users only, which may include our officers, employees, contractors, and agents. We will not provide your personal information without your consent to any other third parties except:

• to third parties to provide you with products or services on our behalf or to assist with delivery of our products or services (for example, our contractors and other service providers), but only where necessary for the provision of those products or services.
• to anyone authorised by you to receive it.
• where the information is going to be used in a way that could not identify you (such as statistical reporting).
• to our lawyers, auditors and other professional advisors, but only to the extent necessary for the purpose for which we are engaging the relevant professional advisor.
• as otherwise permitted or required under any applicable law or regulation or in the course of legal proceedings or other investigations.

An authorised recipient of your personal information shall only be entitled to use your personal information as is strictly required for the purpose(s) for which it was provided to them.

5. Data Storage and Security

We take reasonable steps to protect your personal information from misuse, loss, damage, or unauthorised disclosure. However, to the extent permitted by law, we will not be responsible for, and exclude all liability arising in relation to, any misuse, loss, damage, or unauthorised access of your personal information.

If we provide you with any passwords or other security devices it is important that you keep these secret and confidential and do not allow them to be used by any other person. You should notify us immediately if the security of these passwords or devices is breached to prevent the unauthorised disclosure of your personal information.

If we become aware of any breach involving your personal information, we will comply with the requirements of the Act relating to the reporting of privacy breaches.

6. How long do we retain your personal information?

We will keep your personal information only for as long as is necessary to achieve the purpose for which it was collected, taking into consideration any continued support you may require, our administrative requirements, and our contractual and legal obligations.

The Public Records Act 2005 requires us to retain “protected records” indefinitely. In some circumstances, your personal information may be included within a protected record, including submissions you make in relation to bylaws, annual plans, and regional planning instruments.

7. Call recording

As part of our commitment to providing the best possible service to our customers, we may monitor and record phone calls to the BOPRC 0800 number (0800 884 880) and the main phone line at each BOPRC location for the following purposes:

• for quality control and employee training so as to help us improve our service and to ensure that the information we provide is consistent and accurate; and
• to ensure that we have an accurate record of your call; and
• for other purposes related to the purpose of your call.

We will let you know at the time of the call if a call is to be monitored and recorded. Recordings will be securely stored.  Any personal information you provide as part of the call will be managed in accordance with this privacy statement.

8. Camera Usage

BOPRC’s transport operator utilises camera surveillance whilst providing Baybus OnDemand to meet MoT operator licensing requirements.  Please refer to the operator’s privacy statement available at CCTV Policy — Ritchiesopen_in_new for further information about what information they collect and who they share it with.  Only the transport operator has access to footage captured by their cameras, however they may grant access or provide footage to relevant BOPRC staff and NZ Police as and when required.

9. Links to external websites

In instances where a link is provided from the App to third party websites or digital services, this privacy statement does not apply when you access those third-party websites or services (this does not include any websites that we manage as listed at the end of this privacy statement). We recommend you read the privacy statement of the third-party site or service.

BOPRC does not accept any responsibility or liability for the content, availability, or reliability of any linked websites.

10. Mobile application

Using the App, you acknowledge and accept that we can:

• • choose to send you ’Push Notifications’. This is a message that pops up on a mobile device at any time. ’Push Notification’ preferences can be configured in the App's settings (you have the option to disable the notification when you open the app for the first time, and you can also go to your mobile phone setting to disable the notification).
  • access your device’s location function and collect, use, and disclose this information as set out in this privacy statement.

11. Your rights to access and correct personal information

Booking to use the Baybus OnDemand service requires you to set up an account and input your information into the App directly, or to provide details to the call centre to make bookings on your behalf.  You can at any time edit or delete the information stored in the App, appreciating that deletion of information may mean you are unable to use Baybus OnDemand.  You can contact the contact centre at any time to request that your account information is edited or permanently deleted.

If you want to check personal information that we hold about you, or have any other access or correction requests, please contact us at privacy@boprc.govt.nz.  

12. Changes to this privacy statement

We reserve the right to amend this privacy statement from time to time by posting an updated privacy statement here on this website. We will collect, use, hold and disclose your personal information in accordance with our most recently updated version of the privacy statement. We recommend that you regularly review this privacy statement when you visit this website.

If you do not agree with any aspect of the updated privacy policy, you must promptly notify us using the contact details set out below.

13. Privacy Act

Nothing in this privacy statement affects your rights under the Act. Further information about the Act and how it protects the personal information of individuals in New Zealand is available from the Office of the Privacy Commissioner websiteopen_in_new.

14. Complaints

If you have any questions or complaints about the handling of your personal information, please contact our Privacy Officer in the first instance using the contact details set out below and we will do our best to assist.

If you are still not satisfied, you can make a complaint to the Privacy Commissioner. Further details on how to do this are available from the Office of the Privacy Commissioner websiteopen_in_new.

15. Who can you contact for further information?

If you have any queries about this privacy statement or your personal information that we may hold, please contact our Privacy Officer at:

Email address: privacy@boprc.govt.nz

Postal address: PO Box 364, Whakatāne 3158, New Zealand