Updated 01 November 2019.
We want Unique by YoggieBear to be a safe and trusted place. It’s important to us that you trust Unique by YoggieBear and the things we do with your personal information.
This policy is straight up about how we collect, use, disclose and protect your personal information. We take our responsibility to protect your personal information very seriously. We collect and use your personal information to deliver products and services to you. We’re committed to following four principles in relation to your information:
- We will respect your privacy—our brand is built on trust and integrity.
- We’re committed to being transparent and honest, so you know what we do with your personal information (including if something goes wrong).
- We use personal information to add value to your life.
- We avoid getting involved in anything creepy that could breach your trust.
1. What does this policy do?
- 1.1 This policy covers our “Services” and "Products", meaning services or products by YoggieBear Limited
1.2 We are committed to your privacy and will comply with applicable privacy laws,
- including the Privacy Act 1993, any applicable Privacy Codes and other laws when dealing with your information.
- We will also comply with the European Union’s General Data Protection Regulation to the extent that this applies to information we collect under a particular Service (e.g., if we target a particular Service at individuals living in the European Union). If you are an individual based in the European Union, you can email us to clarify how we treat your information.
2. What information do we collect?
We collect information so that we can provide you with our Services, and so that we can build new Services that make life better for Kiwis through online experiences they love. We may collect the following personal information:
2.1 Information you give us, such as:
- Account information. When you sign up for a Service, we may require your name, username, password, email address, demographic information or other personal information.
- Profile information. Certain Services may require you to complete a profile, which may include personal information such as your postal and delivery addresses and phone number.
- Authentication information. To help create and maintain a trusted environment, we may collect identification (like a photo of your government-issued ID, such as a firearms licence) or other authentication information. You will be told at the time of collection when this applies.
- Payment information. We collect your financial information (like your bank account or credit card information) when you make payments to us or third parties using our Services (see below for how we use and hold this).
- Communications and phone calls. When you communicate with us or other Users in relation to a Service, we may collect information about your communication and any other information you provide. This includes when you call us, in which case we may retain your call for fraud prevention, internal training and quality assurance purposes.
- Other information. You may otherwise provide us information directly (by email or in other formats), such as when you provide feedback, fill in a form, conduct a search, update or add information to our Services, respond to surveys or other research activities, post to message boards, participate in promotions, upload into our Services or use other features of our Services.
2.2 Information we automatically collect, such as:
- Usage information. We collect information about your interactions with our Services, such as the pages or other content you view, your searches for products you have made, and emails and messages generated through your use of the Services.
- Location information. When you use certain features of our Services, we may collect different types of information about your general location (e.g. your physical or postal address or your device’s IP address) or more specific location information (e.g. precise location from your mobile GPS). Most mobile devices allow you to control or disable the use of location services for applications in the device’s settings menu.
- Analytics. We automatically collect analytics information when you use our Services, even if you have not created an account or logged in. We may use third party providers to help us with this. Information collected includes, among other things: details about how you’ve used our Services (including links to third party applications), your IP address, access times, hardware and software information, device information, device event information (e.g. crashes, browser type), and the pages, applications or services you’ve viewed or engaged with before or after using our Services.
- Transaction and financial Information. We may collect information related to your transactions on our Services, including the date and time, amounts charged, and other related transaction details. Depending on your settings and the Services you use, we may collect financial information relating to your use of our Services and your financial history.
2.3 Information from third parties or external sources, such as:
- Information from third party services you use. If you link, connect, or log in to your account with a third party service (e.g. Facebook), the third party service may send us information such as your registration and profile information from that service. This information varies and is controlled by that service or as authorised by you via your privacy settings at that service.
- Background Information about you. For some Services, to the extent permitted by applicable laws, we may request that you provide or are subject to background or credit checks, and we may obtain reports from public records. If you refuse to provide or undergo a background or credit check in these circumstances, we may refuse you access to the Service. If we collect the information described in this paragraph, you will be notified before we do so.
- Analytics information. We may collect analytics information from third parties (e.g. we may use Google Analytics, Google Analytics Demographics and Interest, Google AdWords, Flurry, and Nielsen//Online counting system). Analytics information is generally anonymised, but may include the device you’re using, the applications you use, your operating system, your IP address, and your geo-demographic information.
- Information from public sources. To the extent permitted by applicable law, we may receive additional information about you that is publicly available (e.g. we may collect your property information held by local councils for our Property Insights Service).
3. How do we use your information?
We use your personal information to provide you with Services and to maintain your trust in Unique by YoggieBear and the people who use it. We also use your personal information with information from others so that we can analyse patterns across our data and improve our Services. For example, we can look across our Services to see online shopping habits to make sure we invest in product improvements that deliver benefits. We may use your personal information in the following ways:
3.1 To contact you about your account or use.
- We may contact you by phone, email, text message, instant message or otherwise (e.g. by “push notifications” on your mobile device, subject to your application settings) in relation to your account or use. With our emails you can:
- Unsubscribe from emailed newsletters and advertising materials.
- For most Services, change your email preferences for Service related emails, such as alerts and Watchlist reminders.
3.2 To help provide our Services, for example:
- To enable your use of our Services. We may enable you to communicate with other Users or make payments on our Services, provide you with shipping services or verify your address (and we may use third parties to help enable your use of our Services – see clause 4.3 below).
To personalise or enrich our Services. We may personalise, improve or enrich your experience by, among other things:
- not asking you to log in unnecessarily (i.e. we may save your credentials for you);
- ranking search results;
- delivering information you might be interested in, such as recommendations and content specific to your interests;
- for some Services, allowing you to store a delivery address against your profile (but we will never give a partner your address without permission, subject to clause 4.2 below);
- allowing you to save and send standard payment instructions to the shopping cart;
- allowing you to create a profile, or creating a profile for you, for relevant Services. If we ever create a profile for you, you will be notified before your profile is activated and you will be able to update or deactivate your profile;
- To manage our Services. We may provide, operate, protect, improve, optimise and otherwise manage our Services, including by using analytics, accounting and customer relationship management tools.
- To conduct research. We may conduct internal research in relation to Users’ demographics, interests, and behaviour to better understand and serve our community.
- For training purposes. We may use your personal information to help train and improve our staff who help provide or support the Services (e.g. customer support staff may have access to calls for training purposes).
3.3 For trust, safety and assurance, for example to:
- Protect the rights, property or safety of Users, third parties or us. We may use your information to keep our Services safe, and to protect the rights and property of Users, third parties or us.
- Prevent harm to us or others. We may use your information to detect and prevent fraud, spam, abuse, security incidents, and other harmful activity (e.g. if we believe you have used another person’s payment card or payment details without their permission or knowledge, we may disclose your personal information relating to the transaction to that person or their bank).
- Ensure we comply with our obligations. We will use information to ensure we comply with the law, including disclosures authorised under the Privacy Act 1993.
- Resolve disputes. We may use your information to resolve disputes with or between any of our Users. We will seek your permission before disclosing your contact details to a third party involved in a dispute, unless this is permitted under the Privacy Act 1993 (e.g. we may disclose your information where the other party has sworn a statutory declaration regarding the dispute).
- Enforce agreements. We may use your information to enforce our agreements with Users or third parties.
- Conduct investigations. We may use your information to conduct investigations relating to our Services and make risk assessments.
- Allow our business to be audited. We may use your information to allow for auditing of our Services and businesses.
- Verify the identity of users or third parties. We may verify your identity or authenticate information provided by you, including information relating to others.
- To obtain reference or credit checks. With your consent, for trade accounts, we may conduct reference checks. We may also check against databases and other information sources. Where applicable for the Service, we may also obtain credit checks in accordance with the Credit Reporting Privacy Code (or engage a credit reporter to assist us with this).
3.4 For advertising and marketing, for example to:
- Send you promotional messages, marketing or advertising. We may send you and other Users promotional messages, marketing, advertising, and other information. You authorise us to use your purchasing content for such purposes, including through display advertising, electronic direct mail or on social media.
- Send you customised advertising (only if you opt in). We may send or show you promotional messages, marketing, advertising (including on-site display advertising), and other information that may be of interest to you based on your communication preferences (including information about campaigns and services of us or our business partners). We may make advertising space available through certain advertising platforms or exchanges, such as DoubleClick Ad Exchange, and you can manage what you see due to DoubleClick cookies through Google’s Ad Settings.
- Run promotions. We may use your information to administer referral programmes, rewards, surveys, sweepstakes, contests, or other promotional activities or events sponsored or managed by us or our business partners.
- Measure and improve our advertising. We may use your information to measure the effectiveness of our advertising and make improvements.
3.5 To help you publish things on our website, such as:
- Comments on message boards. If you submit content on a message board, social media post or other similar feature on our Services, that content will be publicly visible.
3.6 For other things, with your express consent.
- We may disclose your information at your direction, or otherwise as you agree with us. Please note that we:
- Do not have access to your passwords.
- Only use your credit card details for purposes related to your transactions and for fraud prevention or law enforcement purposes.
- Have included some Service-specific terms below, which cover how we use your information for particular Services.
4. Who do we disclose your information to?
We may need to disclose your personal information to others to provide you with our Services, to improve our Services or uphold the law or our terms.
4.1 To others with your consent, for example when you:
- Ask us or authorise us. We’ll share your information when you authorise us to send this to a third party (e.g. Afterpay).
- Authorise third party access. We may share your information when you authorise a third party application to access your information.
4.2 To other users in certain cases, for example:
- Dispute information (subject to a statutory declaration). In rare circumstances we may disclose contact details of one User to another User (e.g. see cause 4.5 below).
4.3 To our service providers, to provide and manage our Services.
4.4 To other third parties, such as:
- Afterpay, if you buy or sell with them. If you use the “Afterpay Service” to conduct a transaction (either as a buyer or a seller), we may disclose your personal information to Afterpay NZ Limited (“Afterpay”) or a related company of Afterpay where necessary to: (i) facilitate payments under the Afterpay Service; (ii) help with resolution of a dispute (including where our Buyer Protection Policy applies); (iii) help process a refund, chargeback and/or reversal; (iv) report suspicious or potentially fraudulent activity on the website in connection with the Afterpay Service; (v) allow suspension of the Afterpay Service where a seller’s sales through the Afterpay Service disproportionately lead to a buyer’s default on payment obligations to Afterpay; or (vi) ensure Afterpay can enforce any contractual rights given for Afterpay’s benefit under our Afterpay terms.
4.5 To authorities or other entities to uphold the law or our terms, for example:
- For legal compliance or law enforcement purposes. We may disclose your personal information to courts, law enforcement or government agencies, or third parties, to the extent we believe that disclosure is appropriate or permitted by the Privacy Act.
- To protect the rights, property or safety of us, our Users or others. This includes collecting money you owe us and making such disclosures as are necessary for the purpose of trust, safety and assurance in accordance with clause 3.3 above (e.g. we have authorisation to access name and address details registered in respect of a vehicle on the motor vehicle register for fraud prevention purposes).
4.6 To our other Services.
4.7 To others where necessary to reorganise or sell our business.
4.8 To other third parties, where your identity is anonymised.
- We may share non-personally identifiable information (e.g., aggregated information about our Users that we combine together so that it no longer identifies or references an individual User), for industry and market analysis, demographic profiling, marketing and advertising, and other business purposes. For example, we may disclose aggregated anonymised information to Users of DealerBase for the purpose of understanding trends in the motor industry.
4.9 Also, some interactions with our sites and Services may be subject to additional third party terms. For example
- External links. Our Services may contain links to third party websites or services. We don’t own or control those websites or services or endorse them in any way and, if you interact with them, you may be providing information directly to the third party concerned. The third parties will have their own rules about the collection, use, and disclosure of your personal information. We encourage you to review their privacy policies accordingly.
- Information indexed by search engines. Information you share publicly on our Services may be indexed through third party search engines. We do not control the practices of third party search engines, and they may use caches containing your outdated information.
5. How do we hold and protect your information?
We’re big on security. We publish lots of tips on how to keep your personal information secure. We also work hard to ensure we keep your personal information safe and to avoid any harm to you or your personal information. We would notify you and the Office of the Privacy Commissioner if a potentially harmful data breach of your personal information did occur. We delete personal information after it is no longer reasonably necessary for us to use it. In particular:
5.1 We use industry recognised security practices and measures.
- We are committed to keeping your personal information as safe and secure as possible and follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it.
- We continuously implement and update our administrative, technical, and physical security measures to help protect your personal information against unauthorised access, loss, destruction, or alteration. However, despite all of our measures we can’t 100% guarantee the security of the transmission or storage of your personal information.
5.2 We store your information in New Zealand or overseas subject to standards that will comply with our privacy obligations
- You authorise us to transfer, store, and process your personal information in New Zealand and possibly other countries. Where we store information overseas, or a third party we use to provide our Services stores information overseas (e.g. Amazon Web Services), we will ensure that the storage complies with New Zealand privacy obligations.
5.3 We retain your information as long as reasonably required, unless we are legally required to hold it longer.
- We will keep your personal information for as long as is reasonably required for us to use it in accordance with this policy, unless we are required by law to hold it longer. In particular, we may retain:
- Recordings of your phone calls for a period of up to two years (and sometimes longer, where necessary for business purposes, to help prevent fraud or facilitate legal processes).
- All listing content after listings have expired. We do this for various reasons, including in case of disputes, to help prevent fraud and facilitate legal processes, to comply with financial record-keeping and to help personalise or recommend products in future. Listing content may also persist elsewhere when third parties access and cache listings while they are live. For example, Google do this when they index the web for searching and so old listings may show in Google searches for a period of time.
- Other personal information that is deleted by you may persist for a limited time in our backup systems.
5.4 Credit card Information is held subject to stringent payments industry standards.
- Credit and debit card information is sensitive and we protect it to stringent security standards, which at a minimum comply with the Payment Card Industry Data Security Standards (“PCI standards”). We use a number of procedures and different technologies to help protect your credit and debit card information from unauthorised access, use and disclosure. Our compliance with PCI is audited every year.
6. How can I manage my information?
We know your circumstances, details and preferences will change. So, we’ve built a number of tools for you to manage your personal information. You can:
6.1 Update your information by:
- Managing your profiles, where this is available. Some of our Services allow you to build more customised profiles and offer different privacy settings.
- Updating your account information. In most cases, you may review and update the account information we hold about you (such as your email address, password and phone numbers) by logging into the relevant Service and updating the information in your account. If this isn’t available and you want to update your information, please get in touch with us.
- 6.2 Ask us to update, provide or delete your information
- If you wish to access or correct any of your personal information, you can contact us directly. We will respond to your request promptly, and always within 20 working days. If you want us to delete any personal information you have submitted to us, please email email@example.com. We will consider each request for deletion on a case by case basis taking into account the terms and conditions of the particular Service(s) and our legal obligations to retain certain information. Note that information that you have shared with others may continue to be publicly visible on our Services in association with your first name, even after your account is cancelled.
- If you want to cancel your account for any of our Services, please email firstname.lastname@example.org.
7. How do we amend this policy?
We may make updates from time to time, usually with two weeks’ notice or more.
Occasionally urgent changes will be required, but we will generally give you at least two weeks’ notice by to review any changes, unless the Service-specific terms do not require notice of changes to them. From time to time, we may seek your feedback on proposed changes on the YoggieBear Blog or via other forms of consultation. For significant changes we may notify you directly via email. As we update this policy from time to time, we encourage you to periodically review this page for the latest information on our privacy practices.
8. Do we have any other Service-specific terms that apply?
No. We have no other Service Specific Terms.
9. What do the terms in this policy mean?
- User means anyone using our Services.
9.2 “personal information”
- Personal information means information about an identifiable individual, as defined by the Privacy Act 1993.
- Services means our Services, as defined in clause 1.1.
9.4 “Tailored Product”
- Tailored Product means a product that provides tailored personal information (as further described in clause 4.4).
9.5 “YoggieBear Affiliated Services”
9.6 “we”, “us” or “our”
9.7 “you” or “your”
- You or your, in relation to any personal information, means any individual who is identifiable from the personal information.