Privacy Policy

 Smartways Privacy Policy 

Smartways Logistics Holdings Pty Ltd ACN 169 615 525 and Smartways Logistics NZ Limited NZBN 9429045959301 (“Smartways” or “we”) is required to comply with the Privacy Act 1988 (Cth) and the Privacy Act 1993 (NZ) (each a “Privacy Act”) and any amending or replacement legislation including the Privacy Act 2020 (NZ), as well as the principles in those Privacy Acts (the “Principles”), as applicable. Smartways is committed to protecting your privacy when handling your personal information. 

This policy describes the way that Smartways collects, stores, discloses and protects personal information. 

Collection of personal information 

“Personal information” has the meaning set out in the relevant Privacy Act. Essentially, personal information is information about an identified or identifiable natural person. 

We usually collect personal information directly from you either in person, in writing, by telephone, email or via our website and will only collect personal information from you by lawful and fair means. 

The kinds of personal information that we collect and hold about you will depend on our relationship with you. We collect information from customers, suppliers, job applicants, sub-contractors, employees and others with whom we conduct business. 

We may collect information about you when you: 

1. lodge a request for delivery through our online transport system; 
2. use our website or any of our mobile applications (see further details below); 
3. supply products or services to us; 
4. contact us using the enquiry form on this website; or 
5. apply for or register your interest in employment or service with us. 
6. The personal information we collect about you will usually include your name, address, telephone number and e-mail address. 

Use and disclosure of personal information 

We collect personal information so that we can perform our role as a logistics company. We will only collect personal information to the extent necessary to provide the service you request or for our internal administrative purposes as permitted by law. 

You may choose not to provide your personal information when requested, however we may not be able to provide services in the most efficient manner, or at all. 

We may need to share your personal information with sub-contractors and other third parties in order to perform services for you. When we outsource any of our services or hire contractors to perform services we require the third party to comply with the Privacy Act and our Privacy Policy. In the normal course of our business operations we may disclose personal information if required to do so by law or to statutory entities authorised to access the information. 

Accessing and correcting your personal information 

We will take reasonable steps to ensure that personal information we hold is accurate, complete and up-to-date. You can contact our Privacy Officer (contact details below) if you would like details of the personal information we hold about you or if you wish to correct inaccurate, incomplete or out-of-date personal information. 

Storage and security of personal information 

We take steps to implement reasonable policies and processes to protect your personal information from inappropriate loss, access, misuse, modification, interference or disclosure. We protect your personal information via a range of procedures and processes including obtaining confidentiality undertakings from employees and contractors and implementing security measures governing access to our system and information records. 

We will not hold your personal information for longer than is required to perform the services you have requested or as otherwise agreed by you. 

Disclosure of personal information to overseas persons 

In order to carry out our services we may disclose personal information to overseas persons including persons in New Zealand, Australia and countries within Asia. Before we disclose personal information to an overseas recipient we will take reasonable steps to ensure that the overseas recipient does not breach any applicable Principles. 

We may store your personal information in cloud or other types of networked or electronic storage. As electronic or networked storage can be accessed from various countries via an internet connection, it is not always practicable to know in which country your personal information may be held. If your personal information is stored in this way, disclosures may occur in countries other than those specified. Overseas organisations may be required to disclose personal information we share with them under a foreign law. In those circumstances we will not be responsible for that disclosure. 

Use of our websites 

When you use our website and online transport system we, or a third party service provider on our behalf, will automatically collect for statistical purposes information about your computer or web device. This includes your IP address and associated domain name (e.g. yourcompany.com), the date and time of your visit to our site, the pages you accessed or downloaded, the address of the last site you visited, your operating system and the type of browser you used. 

Our website may contain links to other third party websites that are not owned, operated or controlled by us. Such links or references to other websites are provided for your convenience only and we have not reviewed nor do we endorse them. We are not responsible for the privacy practices of those websites or for the content, product or services provided by, or contained on, those third party websites. 

Use of our mobile applications (including Location Information) 

Applications covered in this policy:

• Smartways Driver APP 
• Smartways Client APP 
• Smartways Stocktake APP 
• Smartways Manifest APP 
• Smartways WMS APP 
• Other APPS to be developed in the future 
• (Smartways APPs) 

1. a) User Information: Smartways may record the time and date which you have logged in to the application and any action performed within the application 
2. b) Location Information: Smartways may record location information whilst you are logged in to the Smartways APP. Data capture may happen whilst the application is running in the foreground (app open and on-screen) and in some instances also whilst the application is running in the background (app open but not on-screen) of your mobile device. Location data is used for operational use as agreed in the service contract with Smartways. You may enable or disallow the device location tracking from your device using the account settings menus in any Smartways APP; however, some functions of the application may no longer work. In the context of the Smartways Driver APP, Smartways reserves the right not to offer you work if you disallow access to your location whilst performing work for Smartways 
3. c) Technical Information and Log Files: we may collect information from your device to ensure we can identify and fix bugs affecting our mobile applications, and implement improvements to performance, battery use, and better user experience for you. 

Most mobile device platforms (iOS, Android, etc.) have defined certain types of device data that apps cannot access without the device owner’s permission, and these platforms have different methods for how that permission can be obtained. iOS devices notify users the first time the Smartways APP requests permission to access certain types of data and gives users the option to grant or refuse permission. Android devices notify users of the permissions that the Smartways APP seeks before their first use of the app, and use of the app constitutes a grant of such permission. 

Cookies 

We may also use “cookies” to assign your device a user ID. A cookie is a small piece of information that is sent to your browser and stored on your computer’s hard drive. Cookies contain information that allows us to identify your device, understand your use of our websites and set your preferences for future visits. We may use this information to determine whether or not to display standard content. You can configure your browser to notify you when you receive a cookie, or disable cookies altogether. These cookies expire when your browser window is closed. Please note that some of the cookies we use are essential for our 

websites to operate, and that if you disable cookies altogether you will not be able to use all parts of our website. 

Resolving your concerns 

You have the right to complain if you believe that your privacy has been compromised or if you believe that we have not complied with either of the Privacy Acts or any of their Principles. To do so please contact our Privacy Officer at the contact details set out below. We will endeavour to respond to you as soon as reasonably practicable. 

Contacting us 

If you would like to contact our Privacy Officer about any matter relating to privacy, the contact details are: 

Privacy Officer 
+61 2 9808 2750
[email protected] 

PO Box 194, Top Ryde, NSW, Australia, 1680 

If you are dissatisfied with the response of our Privacy Officer you may make a complaint to the relevant Privacy Commissioner who can be contacted (for Australia) via the Office of the Australian Information Commissioner website (www.oaic.gov.au) or on 1300 363 992, or (for New Zealand) via the Office of the Privacy Commissioner at www.privacy.org.nz or on 0800 803 909. 

Changes to this Privacy Policy 

This policy may change. We will let you know of any changes to our Privacy Policy by posting a notification on our website. Any information collected after such notification has been posted on our website will be subject to the amended Privacy Policy. 

Our Privacy Policy was last updated July 2021.