Zenitec Holdings Limited, trading as Clogger, (we, us, our) is a New Zealand company and complies with the New Zealand Privacy Act 1993 (NZ Privacy Act) and other applicable privacy and data protection laws when dealing with personal information. Personal information is information about an identifiable individual (a natural person).
If you are based in the European Union and use our websites or have other dealings with us, the additional GDPR terms set out below (GDPR Terms) apply to you.
This policy does not limit or exclude any of your rights under the NZ Privacy Act and other applicable laws. If you wish to seek further information on the NZ Privacy Act, see www.privacy.org.nz.
Changes to this policy
We may change this policy by uploading a revised policy onto the website. The change will apply from the date that we upload the revised policy.
This policy was last updated on 16/01/2019
What personal information do we collect and how we do we collect it?
When you visit our websites, purchase products from us or have other dealings with us we collect the following information:
Personal information that you provide directly to us, including:
- when you place an order for products available on the website, your name, email address, delivery address, your phone number
- if you sign up for an account on the website, your name and email address
- if you sign up for our newsletter or other notifications, your email address /or first name
- any information contained in your correspondence with us, for example, when you send us an email, phone us or submit an enquiry through the website, including your name, email, country of residence and phone number
- if you provide feedback, including submitting any feedback to the website or in response to an email, any information contained in your in your feedback
- information about your transactions with us
- any other information provided by you in the course of your dealings with us.
- ‘Clickstream’ information that is recorded when you click anywhere in a webpage, such as your IP address, geographical location, operating system and browser type.
Third parties where you have authorised this, including when you click to purchase products on our website via Facebook, or the information is publicly available.
How we use your personal information
We will use your personal information provided directly by you:
- to verify your identity
- to provide our websites and products to you
- to market our products to you, including by contacting you electronically (e.g. by text or email for this purpose). You can stop receiving our promotional emails by following the unsubscribe instructions included in those emails
- to improve our websites and products that we provide to you
- to bill you and to collect money that you owe us, including authorising and processing credit card transactions
- to respond to communications from you.
We use information generated by your access or use of our websites
- to monitor the performance of the website to ensure that it performs in the best manner possible
- for security and system integrity purposes]
- to tailor content or advertisements to you. For further information, please refer to our cookies policy.
- post-purchase customer care
We may also use your personal information:
- to protect and/or enforce our legal rights and interests, including defending any claim
- for any other purpose authorised by you, the Act or other applicable law
- to respond to lawful requests by public authorities, including to meet law enforcement requirements
- to transfer your information in the case of a sale, merger, consolidation, liquidation, reorganisation or acquisition.
- disclosing your personal information
We may disclose your personal information to:
- another company within our group
- our global distributors
- any business that supports our websites and sales of our products, including any person that hosts or maintains any underlying IT system or data centre that we use to provide the website or our products or that we use to process payments or fulfil orders. The third parties that supports our websites or sales of our products include:
- MailChimp – a cloud-based communications provider that we use to store email addresses and to send emails
- BigCommerce – an e-commerce platform we use to provide the shopping functions on our websites
- Google Analytics – a web analytics service provider that we use to track and report website traffic (on an aggregated and anonymous basis)
- Hubspot – a customer relationship management and marketing product we use to management and communicate to our customers.
- Facebook – Customer engagement and retargeting potential customers with tailored ads and/or content.
- our professional advisers e.g accountants, lawyers, auditors
- any other person authorised by you
- a person who can require us to supply your personal information (e.g. a regulatory authority)
- any other person authorised by the NZ Privacy Act or other applicable law (e.g. a law enforcement agency)
- any other company in the case of a sale, merger, consolidation, liquidation, reorganisation or acquisition.
We may also disclose research and statistical analysis on an anonymised basis derived from your personal information to third parties.
Protecting your personal information
A business that supports our websites or the sale of our products to you may be located outside New Zealand. This may mean your personal information is held and processed outside New Zealand. Please see the GDPR Terms for further information about personal data transfers from the European Economic Area.
We will take reasonable steps to keep your personal information safe from loss, unauthorised activity, or other misuse. We implement appropriate technical and organisational measures to ensure a level of security appropriate to risks inherent in processing personal information.
You can play an important role in keeping your personal information secure by maintaining the confidentiality of any password and accounts used in relation to our websites. Please do not disclose your password to third parties. Please notify us immediately if there is any unauthorised use of your account or any other breach of security.
Accessing and correcting your personal information
Subject to certain grounds for refusal set out in the NZ Privacy Act or other applicable law, you have the right to access your readily retrievable personal information that we hold and to request a correction to your personal information. Before you exercise this right, we will need evidence to confirm that you are the individual to whom the personal information relates.
In respect of a request for correction, if we think the correction is reasonable and we are reasonably able to change the personal information, we will make the correction. If we do not make the correction, we will take reasonable steps to note on the personal information that you requested the correction.
If you want to exercise either of the above rights, email us at firstname.lastname@example.org Your email should provide evidence of who you are and set out the details of your request (e.g. the personal information, or the correction, that you are requesting).
While we take reasonable steps to maintain secure internet connections, if you provide us with personal information over the internet, the provision of that information is at your own risk.
For the purposes of the GDPR, we are the data controller (as defined in the GDPR) when processing personal data collected by us through our websites, when you purchase products from us or when you have other dealings with us.
These GDPR Terms was drafted with brevity and clarity in mind. It does not provide exhaustive detail of all aspects of our collection and use of personal data. However, we are happy to provide any additional information or explanation needed. Any requests for further information should be sent to email@example.com
Processing personal data
The legal basis for our processing of personal data depends on the type of personal data and the specific context in which we collect it. However, we normally process personal data only where (a) we have your consent to do so, (b) we need to process personal data to perform a contract with you (e.g. to provide our products to you), or (c) the processing is necessary for the purposes of our legitimate interests (except where such interests would be overridden by your fundamental rights and freedoms which require the protection of personal data).
Despite the above, we may process any of your personal data where such processing is necessary for compliance with applicable laws.
You do not have to provide us with some personal data that is automatically collected when you use our websites e.g. cookies. However, you will be required to provide us with your name, email address, phone number or postal address when you purchase products from us. The consequence of not providing this personal data is that we will not be able to fulfil your orders for products. You will be required to provide us with your name and email address if you want to set up an account on our websites or receive our newsletter.
Your rights in relation to your personal data under the GDPR include:
- right of access - if you ask us, we will confirm whether we are processing your personal data and provide you with a copy of that personal data
- right to rectification - if the personal data we hold about you is inaccurate or incomplete, you have the right to have it rectified or completed. We will take every reasonable step to ensure personal data which is inaccurate is rectified. If we have shared your personal data with any third parties, we will tell them about the rectification where possible
- right to erasure - we delete your personal data when it is no longer needed for the purposes for which you provided it. You may request that we delete your personal data and we will do so if deletion does not contravene any applicable laws. If we have shared your personal data with any third parties, we will take reasonable steps to inform those third parties to delete such personal data
- right to withdraw consent - if the basis of our processing of your personal data is consent, you can withdraw that consent at any time
- right to restrict processing - you may request that we stop processing your personal data at any time and we will do so to the extent required by the GDPR
- right to object to processing - you may obtain your personal data from us that you have consented to give us or that is necessary to perform a contract with you. We will provide this personal data in a commonly used, machine-readable and interoperable format to enable data portability to another data controller. Where technically feasible, and at your request, we will transmit your personal data directly to another data controller
- right to data portability - you may obtain your personal data from us that you have consented to give us or that is necessary to perform a contract with you. We will provide this personal data in a commonly used, machine-readable and interoperable format to enable data portability to another data controller. Where technically feasible, and at your request, we will transmit your personal data directly to another data controller
- rights related to autonomous decision making, including profiling - you have a right to not be subject to a decision based solely on automated processing including processing, which produces legal effects concerning you or similarly significantly affects you, except where such automated decision making is necessary for entering into, or the performance of, a contract with you, is authorised by applicable laws or is based on your explicit consent
- the right to complain to a supervisory authority - you can report any concerns you have about our privacy practices to the relevant data protection supervisory authority
Where personal data is processed for the purposes of direct marketing, you have the right to object to such processing, including profiling related to direct marketing.
If you would like to exercise any of your above rights, please contact us at firstname.lastname@example.org If you are not satisfied by the way we deal with your query, you may refer your query to your local data protection supervisory authority e.g. in the United Kingdom, this is the Information Commissioner’s Office.
We do not intend to collect personal data from children aged under 16. If you have reason to believe that a child under the age of 16 has provided personal data to us through our websites and through other dealings with us, please contact our data protection officer.
International transfer of data
The personal data we collect through our websites or when you purchase products from us or have other dealings with us may be transferred to, and stored in, a country operating outside the European Economic Area (EEA). Under the GDPR, the transfer of personal data to a country outside the EEA may take place where the European Commission has decided that the country ensures an adequate level of protection.
In the absence of an adequacy decision, we may transfer personal data provided appropriate safeguards are in place.
Some of the personal data we collect is processed in New Zealand (where our operations are located). New Zealand is recognised by the European Commission as a country that ensures an adequate level of data protection and we rely on this decision in transferring personal data from the EEA to New Zealand.
Transfers to our global distributors
Transfers to other third party processors
The personal data we collect is also processed by the third party processors set out below.
For personal data processed in the United Sates, the European Commission has determined that the United States ensures an adequate level of protection for personal data transferred from the EU to organisations in the United States under the EU-U.S. Privacy Shield. We have verified that our United States-based data processors have self-certified under the EU-US Privacy Shield framework.
For data held outside the EEA or the United States, we have entered into Standard Contractual Clauses as published by the European Commission with our third party processors.
List of third-party processors as at 16 January 2019:
|Third party processor||Purpose||Location of processor||Policy pages|
|MailChimp||Email service provider||US||https://mailchimp.com/legal/privacy|
|Facebook Marketing||Tailored advertising||US||https://www.facebook.com/policy.php|
Data retention policy
Personal data that we collect and process will not be kept longer than necessary for the purposes for which it is collected, or for the duration required for compliance with applicable law, whichever is longer.
The contact details of our privacy representative is email@example.com
Terms of service
1. Applications of terms
These Terms apply to your use of the Website and to any order for, or purchase of, Products you make via the Website. By accessing and using the Website, or ordering or purchasing Products via the Website:
- you agree to these Terms; and
- where your access and use are on behalf of, or you order or purchase Products on behalf of, another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.
If you do not agree to these Terms, you are not authorised to access and use the Website, or to order, purchase (or attempt to order or purchase) Products from us via the Website, and you must immediately stop doing so.
These Terms do not apply to any purchase of any of our products you make via a third party.
We may change these Terms at any time by updating them on the Website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Website or ordering or purchasing Products from us via the Website, you agree to be bound by the changed Terms.
We may change, suspend, discontinue, or restrict access to, the Website without notice or liability.
These Terms were last updated on 16/01/2019
in these Terms:
- Account ID means your email address and password combination that allows you to access certain parts of the Website
- GST means goods and services tax, value added tax, sales tax or equivalent tax payable under any applicable law
- including and similar words do not imply any limit
- Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis
- personal information means information about an identifiable, living person
- Product means any product advertised or purchased through the Website
- Third Party Charges means any fees charged by third parties in relation to your transaction, including any taxes, duties or other liabilities imposed by any governmental agency (including any customs duty), credit card transaction fees and foreign currency conversion fees
- Underlying System means any network, system, software, data or material that underlies or is connected to the Website
- We, us or our means Zenitec Holdings Limited, New Zealand company, company number 1760661
- Website means www.clogger.co.nz, www.goclogger.com, and cloggers.com.au
- You means you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting
4. Your general obligations
You must provide true, current and complete information in your dealings with us (including when setting up an account) and must promptly update that information as required so that the information remains true, current and complete.
If you are given an Account ID, you must keep your Account ID secure and:
not permit any other person to use your Account ID, including not disclosing or providing it to any other person; and
immediately notify us if you become aware of any unauthorised use or disclosure of your Account ID, by sending an email to firstname.lastname@example.org
- not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website or any Underlying System, or otherwise attempt to damage or interfere with the Website or any Underlying System; and
- unless with our agreement, access the Website via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.
You must obtain our written permission to establish a link to our Website. If you wish to do so, email your request to email@example.com
To the maximum extent permitted under applicable law, you indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our Website by using your User ID.
When you place an order for Products via the Website, you confirm that:
- you are legally entitled to purchase those Products;
- you are bound by these Terms in relation to that order, subject to our acceptance of that order;
- you are making an offer to buy the Products, and we are not bound by that order until we have accepted it;
- our acceptance of your order occurs when we issue you an email confirming receipt of your order; and
- you may not cancel or alter any order that we have accepted, in whole or in part, without our prior written consent.
We reserve the right to accept or reject your order in whole or in part, or to cancel any order that we have accepted in whole or in part at any time prior to shipment of the Products, for any reason including, without limitation, the unavailability of any Products, an error in the price or the description of Products on the Website, an error in your order, or us not receiving payment in full. Where we cancel an order in whole or in part after we have accepted it, we will notify you of the cancellation by email and will refund your payment in accordance with clause 7.3a but will have no other obligations to you in respect of the order (or the cancelled part of the order, as applicable).
Any time stated for delivery is an estimate only. We are not liable to you or any other person for any failure to meet a stated time for delivery and any such failure does not affect your obligation to pay for the Products.
If you request us to deliver the Products to another person, or if a person other than you takes possession of the Products at your requested delivery address, that person takes possession of the Products as your agent and you remain fully liable to us under these Terms despite delivery to that other person.
Risk in the Products passes to you when we deliver the Products to your designated delivery address in accordance with these Terms (whether or not you take delivery). If the Products are lost or damaged in transit, please contact us at firstname.lastname@example.org We will use this delivery information to make a claim against our shipping company. We will offer you the choice of a replacement or a refund, once we have received confirmation from our shipping company that delivery was not successful.
Subject to our receipt in full of your payment for the Products, title in the Products passes to you on delivery.
7. Prices and payment
On placing an order for Products via the Website, you must pay:
- the price, shipping and handling charges for those Products stated on the Website;
- GST or sales tax on any taxable supplies; and
- any applicable Third Party Charges.
We accept payment via Stripe
We will refund to you an amount that you have paid to us, other than any Third Party Charges, only:
where we have received payment from you in relation to an order (or part of an order) that we do not accept or that we cancel;
when the product returns in its original state, and packaging (tube etc.) is undamaged, and original tags are attached.
as required by law.
We will remit any amounts payable by us to you by crediting the credit card from which your payment was made.
We may recover from you all Loss incurred by us as a result of your failure:
- to take delivery when the Products are made available to you, including any storage costs; or
- to pay any amount payable by you under these Terms, including any costs of debt recovery.
8. Intellectual property
We (and our licensors) own all proprietary and intellectual property rights in the Products, the Website (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel) and the Underlying Systems.
You must not copy, reproduce, adapt, translate, reverse-engineer or make derivative works from the whole or any part of:
- the Products or their underlying designs or technology; or
- the Website or the Underlying Systems.
Our warranty for the Product (Product Warranty) is six months from the date of purchase, for items that fail with reasonable use. If you set your Clogger pants on on fire, simply lose it, or other non-manufacturing issues, you will not meet our reasonable warranty terms.
Where any Product you have purchased does not meet the Product Warranty or any condition, warranty or guarantee implied at law and for which we cannot exclude liability we will, at our cost, repair or replace the defective Product, or refund or offer you a reduction in the price of the Product, as set out in the Product Warranty and in accordance with our rights and responsibilities at law.
If you are acquiring the Products for the purpose of a business, you agree that the Consumer Guarantees Act 1993 or other applicable consumer protection laws do not apply to the supply of the Products.
Where you reasonably believe that your Product does not meet the Product Warranty, or you have received an incorrect Product, please contact us at email@example.com and we will arrange with you the process for:
- returning the Products to us; and/or
- determining if the Product Warranty applies; and/or
- providing you with any remedy to which you may be entitled.
Nothing in these Terms limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees under the Consumer Guarantees Act 1993, or any other implied warranties or guarantees that cannot be limited, excluded or modified by law.
To the extent permitted by law, we have no liability or responsibility to you or any other person for any Loss in connection with:
any Product being unavailable;
- the Website being unavailable (in whole or in part) or performing slowly;
- any error in, or omission from, any information made available through the Website;
- any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website. To avoid doubt, you are responsible for ensuring the process by which you access and use the Website protects you from this; and
- any site linked from the Website. Any link on the Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.
Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded.
To the maximum extent permitted by law:
- you access and use the Website at your own risk; and
- we are not liable or responsible to you or any other person for any Loss in connection with the Website, or your access and use of (or inability to access or use) the Website. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
To the maximum extent permitted by law:
- our total liability to you in connection with claims relating to the Products must not exceed the purchase price paid by you for the Products;
- our total liability to you for all other claims under or in connection with these Terms, or (to the extent clause 11.2 does not apply to limit or exclude any liability) in connection with the Website or your access and use of (or inability to access or use) the Website, must not exceed NZD100 and
- we are not liable to you for any:
- loss of profit, revenue, savings, business and/or goodwill; or
- consequential, indirect, incidental or special damage or loss of any kind.
You are not required to provide personal information to us, although in some cases if you choose not to do so then we will be unable to make certain sections of the Website available to you. For example, we may need to have your contact information in order to deliver Products to you or to provide you with updates about our Products or our Website.
13. Suspension and termination
Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Website (or any part of it).
If you wish to have your website account deleted, please contact us at firstname.lastname@example.org
On suspension or termination, you must immediately cease using the Website and must not attempt to gain further access.
If we need to contact you, we may do so by email or by posting a notice on the Website. You agree that this satisfies all legal requirements in relation to written communications.
These Terms, and any dispute relating to these Terms or the Products or Website, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or the Products or Website.
A reference to you or us includes a reference to that party's executors, administrators, successors and permitted assigns.
For us to waive a right under these Terms, the waiver must be in writing.
Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 4.5, 8, 9, 10, 11 and 14.1, continue in force.
If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.
These Terms set out everything agreed by the parties relating to your use of the Website and the supply of the Products and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to the Products or the Website that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.
Don't hesitate to get in touch if you have any queries.