Effective date: 9 November 2023
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.
We are bound by the Australian Privacy Principles contained in Privacy Amendment (Enhancing Privacy Protection) Act 2012, which amends the Privacy Act 1988 (Cth) (the “Privacy Act”).
The Privacy Act defines “personal information” ’as information or an opinion about an identified individual, or an individual who is reasonably identifiable: whether the information or opinion is true or not; and whether the information or opinion is recorded in a material form or not.’ Consequently 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 in 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.
We will hold, use and disclose personal information about you only for the purpose for which we have collected it and related purposes.
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 (i.e. for marketing purposes); 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.
For information on how to opt-out of allowing us to use your personal information for marketing purposes, see “11. Opting out of marketing communications” below.
We will collect your personal information directly from you in a various ways, when:
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. 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.
Your personal information is collected and held by Brand Developers Ltd. Brand Developers Ltd.’s registered address is:
Level 1, 519-521 Lake Road, Takapuna, Auckland 0622, New Zealand.
Your personal information may also be held on our behalf in the data centres and systems of our third-party service providers, some of which may be located outside of New Zealand and Australia. Please see “6. Disclosure of personal information to overseas recipients” below.
We may share your personal information to another company within the Brand Developers group or across brands within the Company for the purpose of providing products to you and answering your enquiries.
We will not disclose any information about you to a third party, subject to the following exceptions. We may only disclose your personal information if:
(a) required to do so by law or legal process,
(b) we believe disclosure is necessary or appropriate to prevent physical harm, financial loss or injury to, or interference with our rights or property;
(c) we reasonably believe that information has been used in order to commit unlawful acts or acts that may endanger the health and/or safety of the public;
(d) in connection with the investigation into suspected or actual illegal activity; or
(e) we believe the law in good faith requires such disclosure.
We may also 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 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 “6. Disclosure of personal information to overseas recipients” 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.
Any such transfers are subject to confidentiality and security obligations and for the sole purpose of the performance of those services.
Should we disclose your personal information to a company outside of Australia for the purposes described in “5. Disclosure of personal information” above, we will ensure that the receiving organisation is subject to a law or binding scheme, that has the effect of protecting your personal information in a way that overall, is at least substantially similar to that governing the protection of your personal information under Australian law and under New Zealand law.
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. The Company cannot guarantee the security of its databases or services, nor can it guarantee that the information you supply will not be intercepted while being transmitted by us over the Internet. The Company is not responsible for the actions of third parties.
Please notify us immediately if you become aware of any breach of security.
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:
The Privacy Officer
Brand Developers Limited
PO Box 33604
Takapuna, Auckland 0740
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.
By submitting any Unsolicited Materials, you agree that we shall have the sole discretion as to how to utilize such Unsolicited Materials and that you automatically provide to us a perpetual, royalty free license to such end. If any Unsolicited Materials that you provide to us are protected by third party copyright, trademark or other proprietary rights, you agree to indemnify, defend, and hold harmless the Company, its subsidiaries and/or affiliated entities, and its and their respective officers, directors, employees, agents, licensors, representatives, and third party providers (collectively, the “Brand Developers Indemnitees”), against any claims or actions brought against any of the Brand Developers Indemnitees arising out of or relating to our use or possession of the Unsolicited Materials.
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.com.au.
Your request will be processed in accordance with the Privacy Act.
You may choose to unsubscribe from marketing emails and/or SMS by sending an email to Privacy@BrandDevelopers.com.au 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 may also still share certain information with third parties to comply with legal obligations.
We aim to respond to all enquiries regarding your communication preferences within seven (7) days.
The Websites are not directed to children and we do not intentionally collect or maintain any personal information from children under the age of 18 years old. If you believe that we might have any personal information from or about anyone under the age of 18, please notify us immediately at Privacy@BrandDevelopers.com.au.
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.com.au.
We reserve the right, at 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 teams 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.