Nexans New Zealand Limited Privacy Policy

Disclaimer:
"Nexans reserves the right to change or vary the design and construction of any of it's products without notice. Every care has been taken in the development of this site and the publications herein but Nexans accepts no liability of any kind resulting from the information provided. Formal technical advice should be sought in particular matters."

Privacy Policy:
This Privacy Policy applies to Nexans ("referred to as "Nexans", "we", "our", "us") and extends to and covers all operations and functions of the organisation. All contractors, sub-contractors, vendors, service providers, customers, agents or any other third parties that have access to and/or utilise personal information collected and/or held by Nexans must abide by this Privacy Policy.

Nexans is bound by the National Privacy Principles ("NPPs") contained in the Privacy Act 1988 (Cth) ("Privacy Act").

In this Policy: 
"the individual" means the person whose personal information Nexans deals with.

"Personal information" means information or an opinion relating to an individual, which can be used to identify that individual.

"Sensitive information" means personal information relating to a person's racial or ethnic origin, political opinions, religion, trade union or other professional or trade association membership, sexual preferences and criminal record, that is also personal information, and also includes health information about an individual.

"the Privacy Officer" means Simon Le Quesne, of 15/300 LaTrobe Street, Melbourne, Victoria 3000 (AU), and Anna Gregor of 69 Paraite Road, Bell Block, New Plymouth 4312 (NZ).

How we collect personal information 
Collection of personal information by Nexans must be fair, lawful and not intrusive. An individual must be told our organisation's name, the purpose of collection, and that the individual can get access to their personal information.

We generally collect personal information directly from the individual. For example, an individual may deal with us on the phone, send us correspondence (by letter, fax or email) or contact us in person. Also, Nexans will collect personal information from forms filled out by customers, interviews, business documents and from other people. Typically, the type of personal information we collect about the individual includes name, age, date of birth, occupation, mailing address, phone numbers and email address.

If Nexans collects personal information from a source other than the individual, Nexans will take reasonable steps to inform that person that it holds the personal information and the purpose for which it holds the personal information.

Nexans must not collect sensitive information unless the individual has consented, it is required by law - or in other special specified circumstances, for example, relating to health services provision and individual or public health or safety.

We may collect sensitive information about an individual's health, financial details such as his bank account details, and credit history.

If the personal information we request is not provided, we may not be able to provide the individual with our products and services, and meet the individual's needs appropriately.

 

Why does Nexans collect personal information? 
Nexans collects personal information for the following purposes:

• to conduct our business of designing, manufacturing and marketing cables;
• to enter into contracts with suppliers and sub-contractors to conduct our business;
• to assess applications by individuals for commercial credit;
• to assess the creditworthiness of individuals;
• to collect overdue payments for commercial credit;
• if the individual is in default under a credit agreement, to notify, and exchange information with other credit providers and any collection agent of ours; and
• to comply with our legal obligations.

About whom do we collect personal information? 
The type of information we may collect and hold includes (but is not limited to) personal information about:

• individuals;
• third parties;
• prospective employees; and
• other people with whom we come into contact.

Web site Collection 
Nexans collects personal information from the web site www.olex.com.au, and www.nexans.co.nz, through receiving subscription applications and emails. We may also use third parties to analyse traffic at that web site, which may involve the use of cookies. Information collected through such analysis is anonymous. Our website privacy policy can be accessed by clicking on the privacy button on our website.

How might we use and disclose personal information? 
When we refer to "use " of personal information, we mean use within our organisation, for the purposes outlined above. When we use the word "disclose" we mean providing the information to persons outside our organisation.

Nexans may use and disclose personal information for the primary purposes for which it is collected, for reasonably expected secondary purposes which are related to the primary purpose and in other circumstances authorised by the Privacy Act. Sensitive information will be used and disclosed only for the purpose for which it was provided or a directly related secondary purpose, unless the individual agrees otherwise, or where certain other limited circumstances apply (eg, where required by law).

We may use and disclose personal information for the following purposes:

• to conduct our business of designing, manufacturing and marketing cables;
• to enter into contracts with the third parties to conduct our business;
• to assess applications by individuals for commercial credit;
• to assess the creditworthiness of individuals;
• to collect overdue payments for commercial credit;
• if the individual is in default under a credit agreement, to notify, and exchange information with other credit providers and any collection agent of ours;
• to communicate with individuals, by providing them from time to time with information contained in newsletters, emails or brochures;
• to comply with our legal obligations; and
• to help us manage and enhance our services.

We do not disclose personal information we collect to others for the purpose of allowing them to direct market their products and services. We do not use or disclose sensitive information for direct marketing purposes.

We may engage other people to perform services for us, which involves that person handling personal information we hold. In these situations, we prohibit that person from using personal information about you except for the specific purpose for which we supply it.

In relation to sensitive information held by us about an individual's financial history, credit worthiness or bank account details, wherever possible, Nexans will attempt to de-identify the information. We also undertake to delete all personal information about an individual when it is no longer needed or relevant.

We may disclose personal information to:

• third parties;
• consultants we engage to assist individuals;
• organisations involved in a transfer or sale of all or part of our assets or business (including accounts and trade receivables);
• organisations involved in managing our corporate risk and funding functions (eg securitisation);
• regulatory authorities, if required by law; and
• anyone else to whom the individual authorises us to disclose it.

We also collect personal information from these organisations and individuals, and deal with that information in accordance with this Policy.

To whom might we disclose sensitive information? 
We may disclose sensitive information to:

• third parties;
• consultants we engage;
• organisations involved in a transfer or sale of all or part of our assets or business (including accounts and trade receivables);
• organisations involved in managing our corporate risk and funding functions (eg securitisation);
• a credit reporting agency;
• an investigator, lawyer or recovery agent;
• regulatory authorities, if required by law; and
• anyone else to whom the individual authorises us to disclose it.

We also collect sensitive information from these organisations and individuals, and deal with that information in accordance with this Policy.

Sending information overseas 
We will not send personal or sensitive information to recipients outside of NZ and Australia without:

• obtaining the individual's consent (in some cases this consent will be implied); or
• otherwise complying with the NPPs.

We will not send personal or sensitive information to recipients in a foreign country that is not subject to an information privacy scheme similar to the Privacy Act, without the consent of the individual.

Management of personal information 
The NPPs require us to take all reasonable steps to protect the security of personal information. Nexans personnel are required to respect the confidentiality of personal information and the privacy of individuals.

Nexans takes reasonable steps to protect personal information held from misuse and loss and from unauthorised access, modification or disclosure, for example by use of physical security and restricted access to electronic records.

Where we no longer require the personal information for a permitted purpose under the NPPs, we will take reasonable steps to destroy it.

Identifiers 
We will not use identifiers assigned by the Government, such as a tax file number, medicare number or provider number, for our own file recording purposes.

How do we keep personal information accurate and up-to-date? 
Nexans takes reasonable steps to ensure that the personal information it holds is accurate, complete and up-to-date. We encourage individuals to contact us in order to update any personal information we hold about them. Our contact details are set out below.

You have the ability to gain access to your personal information 
Subject to the exceptions set out in the Privacy Act, individuals may gain access to the personal information, which Nexans holds, about them by contacting the Nexans Privacy Officer. If we refuse to provide the information, we will provide reasons for the refusal and inform the individual of any exceptions relied upon under the Privacy Act.

We will require identity verification and to specify what information is required. An administrative fee for search and photocopying costs may be charged for providing access. We will advise the likely cost in advance.

Updates to this Policy 
This Policy will be reviewed from time to time to take account of new laws and technology, changes to our operations and practices and the changing business environment.

Responsibilities 
It is the responsibility of management to inform employees and other relevant parties that Privacy Policy is maintained and enforced. Management must ensure that they periodically advise Nexans employees and other relevant parties of any changes or any new Privacy Policies in a timely manner.

It is the responsibility of all employees and other relevant parties to ensure that they understand and adhere to this Privacy Policy.

Ignorance of the existence of the Privacy Policy will not be an acceptable excuse for non-compliance.

Privacy Training 
All new employees must be provided with timely and appropriate access to Nexans Privacy Policy. All employees must be provided with opportunities to attend appropriate and periodic Privacy awareness training and must ensure that they understand the Privacy related issues that could adversely affect Nexans position if not properly adhered to.

NON-COMPLIANCE & DISCIPLINARY ACTIONS 
Any Nexans employee or relevant third party that identifies, knows about or suspects a Privacy breach must immediately report the matter to the Privacy Officer. Employees or other relevant parties that contravene or do not comply with Nexans Privacy Policy may be subject to disciplinary action.

Incidents/Complaints Handling 
If you have a privacy complaint, please send it in writing to the Privacy Officer.

Nexans has an effective incidents/complaints handling process in place to manage privacy risks and issues. The incidents/complaints handling process involves identifying (and addressing) any systemic/ongoing compliance problems, increasing consumer confidence in Nexans privacy procedures; andhelping to build and preserve Nexans reputation and business.

Contractual arrangements with third parties 
Nexans must ensure that all contractual arrangements with third parties adequately address privacy issues.

Each third party is aware of and understands this Privacy Policy, and has implemented policies in relation to the management of personal information in accordance with the Privacy Act, including:

• regulating the collection, use and disclosure of personal information;
• de-identifying personal information wherever possible;
• ensuring that personal information is kept securely, protected from loss or misuse, with access to it only by authorised employees or agents of the related organisations; and
• ensuring that personal information is only disclosed to organisations which are approved by Nexans.

The third parties specifically agree only to use personal information for the purposes consented to by Nexans or by the individual concerned.

Privacy Audits 
Nexans must conduct periodic privacy audits in order to ascertain:

• what sort of personal/sensitive information is collected and held;
• how that information is collected;
• what the reasons are for collection of that information;
• where and how that information is stored;
• how that information is secured;
• who has access to that information;
• whether that information is shared with anyone;
• whether the intended use of collection is communicated; and
• whether that information is current and necessary. 

 

Nexans Copyrights

All rights reserved © Copyright 2001-2012 Nexans, Paris, France.

You are not authorized to copy documents published by Nexans on the World Wide Web without prior written consent to do so from Nexans.

If this prior consent should be given by Nexans, Nexans would give it on condition that any copy of these documents or extracts therefrom made by you shall retain all proprietary notices, including this copyright notice.

Marks (trademarks, service marks) and Tradenames

The Nexans word and the Nexans logo are registered trademarks and service marks of Nexans. No mention is made of rights with respect to other trademarks, service marks or tradenames whether registered or not, which may attach to certain words or signs used herein. The absence of such mention, however, in no way implies that there is no protection of these marks, tradenames, words or signs.

Other intellectual property rights

Note that any product, process or technology described in these document may be the subject of other Intellectual Property Rights reserved by Nexans or a third party. No right to use such Intellectual Property Right is granted hereunder.

Remarks

Nexans provides access to internationally used Nexans data and, therefore, may include references to Nexans products, programs, and services not available in your country. This does not mean that Nexans intends to offer such product, programs and services in your country.

This information is PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS ; FURTHER NO WARRANTY IS MADE AS TO THE COMPLETE OR UP-TO-DATE NATURE OF INFORMATION AVAILABLE ON THE WEBSITE.

This information may include technical inaccuracies or typographical errors. Changes may be periodically made to the information herein and will be incorporated in new editions. Nexans may make improvements or changes in the products, the programs or services described at any time without notice. Hypertext links included on this website are for information purposes only.

Nexans does not give any warranty, whether express or implied, on the correctness, completeness and/or fitness for any use whatsoever of the information and/or data included on the sites to which Nexans’ website gives access through said hypertext links. Neither does Nexans warrant that such information and/or data does not infringe any copyright or other property rights of any third party. Consequently, Nexans shall in no event be held liable for any damage of any nature whatsoever arising out of or in connection with the foregoing.

Data protection

Nexans website has been declared to the French "Commission Nationale Informatique et Liberté" under the number 790822.

Applicable Law

Nexans this Legal Notice shall be governed by French Law without regard to its provisions on conflicts of laws.

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