Effective date: 28 May 2024

Brand Developers Limited (the “Company”) recognises the importance of protecting the privacy of all customers who either visit our websites or interact with our sales and customer service teams.

This privacy policy (the “Policy”), outlines the personal information that the Company and the websites owned and operated by the Company in New Zealand (individually the “Website” or collectively the “Websites”) (collectively “we,” “us” or “our”) may collect from you when you visit one of the Websites, or when you interact with our sales or customer service teams, how the Company will use your personal information and what to do if you do not want your personal information collected or shared. For these reasons, we encourage you to read this Privacy Policy carefully.

The Company is bound by the Information privacy principles set out in the Privacy Act 2020 (the “Privacy Act”).

The Privacy Act defines “personal information” as information about an identifiable individual. Any information which personally identifies an individual or from which an individual is reasonably identifiable is considered personal information.

By using this Website, interacting with our sales and/or customer service teams, participating in our database or otherwise providing your personal information to us, you consent to the collection, storage, disclosure, use and transfer of your personal information as described this Policy. By continuing to access our website or to deal with us, you agree to be bound by the prevailing Policy appearing on this Website.

1. Purpose of collection of your personal information

We will hold, use and disclose personal information about you only for the purpose for which we have collected it and related purposes unless you authorise the use of the personal information for another purpose as permitted under the Privacy Act (Section 22).

Your information will be used for the purpose of: facilitating your purchase order; responding to your enquiries and processing your requests; providing you with information or advice about our existing and new products that may interest you, including by email and SMS where you have consented to such communications; managing product warranties or guarantees; managing product and safety recalls; personalising your shopping experience with us; verifying your identity; quality control and market research purposes; investigating a breach of our terms and conditions or any unlawful activity; and as required or permitted by the Privacy Act or any other law.

2. Source of personal information

We will collect your personal information directly from you in various ways, when:

• you place an order for one of our products;
• you use one of our Websites;
• you interact via email or phone with one of our sales representatives or customer service representatives.

 Cookies

We also collect personal information through cookies stored on your computer. A cookie is a piece of data from a website that is stored within a web browser that the website can retrieve at a later time. Cookies are used to tell the server that users have returned to a particular website. When users return to a website, a cookie provides information and allows the site to display selected settings and targeted content. Cookies assist us in customising your experience on our Websites. For instance, we use cookies to learn about your preferences so we can present you with content on our Websites that is relevant to you.

We use cookies to improve your online experience. However, if you do not wish to allow cookies, you can disable cookies, for all websites, from your browser settings.

3. Types of personal information we collect

The type of personal information that we collect includes your full name, billing and delivery addresses, phone number, an alternate phone number, e-mail address, date of birth, government ID details, communications with us about your order or questions about our products, reviews you post about products you have purchased and/or services you have received and your order information and history (including payment history). We also collect technical data about the way you interact with our website such as your IP address and the pages you navigate to when browsing and placing an order. Where you pay for products by card, your credit card payment information is collected by us and sent directly to Stripe® (Stripe® are the third party we appoint to process your card details and facilitate the payment process). Stripe® then process the payment using your card information. No identifiable credit card information is retained by us. If you use PayPal to pay for products, you will be redirected to their website to make the payment. Please see PayPal’s privacy policy for information about how they process your personal information.

4. What will happen if the information is not provided?

You may choose to remain anonymous by not providing your personal information or certain types of information to us. In such circumstances, we may not be able to provide you with (i) our products or services and/or (ii) information about our products and services, such as promotions and sales.

5. Entity collecting and holding your personal information

Your personal information is collected and held by Brand Developers Ltd. Brand Developers Ltd’s registered address is:

Level 2, 519-521 Lake Road, Takapuna, Auckland 0622.

Your personal information may also be held on our behalf in the data centres, customer service centres and systems of our third-party service providers, some of which may be located outside of New Zealand. Please see “7. Disclosure of personal information outside of New Zealand” below.

6. Disclosure of personal information

We may share your personal information across brands within the Company for the purpose of providing products to you and answering your enquiries.

We will not disclose your personal information to a third party except, as permitted under the Privacy Act (Section 22, Information privacy principle 10),  when we reasonably believe that the disclosure of the information is necessary to avoid prejudice to the maintenance of the law by any public sector agency, or for the enforcement of a law; or for the protection of public revenue; or for the conduct of proceedings before any court or tribunal; or to prevent or lessen a serious threat to public health or public safety or to the life or health of an individual; or to enable an intelligence and security agency to perform any of its functions, and in other situations permitted under the Privacy Act (Section 22).

We may disclose your personal information to third parties that we engage to provide services to us, including but not limited to: delivery companies, IT service providers, payment system operators, customer service personnel and our related companies. Some of our service providers operate from overseas locations and we may, in order to receive those services, transfer personal information overseas, predominantly to the Asia Pacific Region. Please see “7. Disclosure of personal information outside of New Zealand” below.

We may also disclose your personal information to manufacturers or suppliers of products for product warranty or guarantee fulfilment purposes, to facilitate repair of a product or any issues related to the safety or quality of a product you purchased.

When we transfer your personal information to a third party, we require them to take steps to protect your personal information against unauthorised use or disclosure in accordance with the Privacy Act.

7. Disclosure of personal information outside of New Zealand

Should we disclose your personal information to a company outside of New Zealand for the purposes described in “6. Disclosure of personal information” above, we will ensure that either the receiving organisation is subject to privacy laws that provide comparable safeguards to the Privacy Act or that it agrees to protect your personal information by signing contractual clauses.

8. Protection of information – Privacy breaches

Protecting your information is of primary importance to us and any information that is collected is stored on secure servers and we take all precautions to protect your personal information with such security safeguards as it is reasonable in the circumstances to take against loss, access, use, modification, disclosure and other misuse, including through a range of physical and electronic security measures.

We implement procedures to prevent the unauthorised disclosure of personal information provided to third parties. We also use a range of security measures to protect the personal information that we hold, including by encrypting data transmitted between us and your browser.

However, no data storage or data transfer system is 100% secure, error-free or free from vulnerabilities. We cannot guarantee the security of our databases or services, nor can we guarantee that the information you supply will not be intercepted while being transmitted by us over the internet. Except to the extent liability cannot legally be excluded, we exclude all liability (including in negligence) for the consequences of any unauthorised access to your personal information.

Please notify us immediately if you become aware of any breach of security.

Privacy breaches

If we identify, or are notified of, a privacy breach which creates a serious risk of harm to one or more individual(s), we will notify the individuals affected and the Privacy Commissioner in accordance with the Privacy Act 2020. We will notify an affected individual as soon as practicable after becoming aware that a notifiable privacy breach has occurred, unless an exception in the Privacy Act 2020 applies or a delay is permitted.

9. How to make a complaint

If you wish to inform us of a privacy breach relating to your personal information or if you believe that we have breached this Policy or the Privacy Act, you can write to us at:

Privacy@BrandDevelopers.co.nz

or

The Privacy Officer

Brand Developers Limited

PO Box 33604

Takapuna, Auckland 0740

New Zealand

Your complaint will be investigated promptly by our Privacy Officer. You will receive written or telephone communications and will be kept informed of the progress and of the outcome of the investigation.

10. Access to and correction of your personal information

We take reasonable steps to make sure that the personal information which we collect, use or disclose is accurate, complete and up to date.

If you wish to access, update, or correct your personal information which we hold, please contact our Privacy Officer: Privacy@BrandDevelopers.co.nz. 

Your request will be processed in accordance with the Privacy Act (Access: Section 39 ff; Correction including deletion: Section 58 ff).

We will take reasonable steps to comply with such requests and providing you with a copy of it. We may refuse to provide you with certain information where required by law.

11. Electronic communications

In accordance with the Unsolicited Electronic Messages Act 2007, we will not send you commercial electronic messages unless you have consented to receive them.

 You may choose to unsubscribe from marketing emails and/or SMS by sending an email to Privacy@BrandDevelopers.co.nz or by utilising the unsubscribe link on our marketing emails or the unsubscribe facility on one of our SMS. Even if you opt-out of electronic communications, we may still contact you to send you important information regarding the operation or administration of your account or other non-marketing information such as product safety information.

We aim to respond to all enquiries regarding your communication preferences within seven (7) days.

12. Google Analytics

We use Google Analytics to gather statistics about our visitors and use of our web content. Google Analytics uses cookies to collect information about which pages you visit, how long you are on the site, how you got there (for example from a search engine, a link, an advertisement etc.) and what you select. Advertising features we may use include remarketing with Google Analytics, Google Display Network Impression Reporting, Google Analytics Demographics and Interest Reporting and other integrated services. No personally identifying information is collected. To opt out of Google Analytics, you can download a browser add-on from Google. Alternatively, you can set your browser to refuse or delete cookies from Google Analytics. Check your browser’s help information to find out how.

13. Finding out about our management of your personal information

If you would like to find out more about our management of your personal information or our approach to privacy, please contact our Privacy Officer: Privacy@BrandDevelopers.co.nz.

14. Changes to this Policy

We reserve the right, in our sole discretion, to modify, alter or otherwise update this Policy at any time and you agree to be bound by such modifications, alterations or updates.

We will notify you of material changes to this Policy by posting the revised policy with the date it was revised on this page. Your continued use (including access, browsing and/or use of any interactive feature) of our websites and interaction with our sales and customer service team constitutes your agreement to this Policy and any updates.

We encourage you to periodically review this Policy to stay informed about how we are protecting the personal information we collect.