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EGIFT CARDS NZ – PRIVACY POLICY

Last updated: October 2021

LANDING SHARE LIMITED (NZBN 9429043398706) (‘eGift Cards’ or ‘we’ or ‘us’ or ‘our’)  is in the business of providing an Online Platform enabling the purchase, redeeming, managing and storing of a variety of non-reloadable digital gift cards and codes and associated services (‘Services’).

This Privacy Policy (‘Policy’) governs how eGift Cards will collect, use, disclose, handle and deal with your Personal Information (as defined in the Privacy Act) in connection with the Services.

This Policy also applies to Personal Information collected by eGift Cards in connection with its website, social media accounts, applications, software and other technological means (‘Online Platforms’), as well as in connection with any direct communication between you (‘you’, ‘your’) and eGift Cards.

This Policy should be read in conjunction with the Terms of Service (available at https://www.egiftcards.nz/terms-of-service/) together with the Terms of Sale (available at https://www.egiftcards.nz/terms-of-sale/) which collectively govern your use of the Services and Online Platforms (‘Terms’).

eGift Cards uses third parties located both locally and overseas in addition to its own resources to provide these Services.

This Policy does not apply to information collected by us offline or through any other means, including on any other website operated by us or any third party; or any third party including through any application or content that may link to or be accessible from the Online Platforms.

Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not use the Online Platforms. By accessing or using the Online Platforms, you agree to this Policy. This Policy may change from time to time, and the most recent update will appear here. Your continued use of the Online Platforms (after we make changes) is deemed to be acceptance of those changes, so please check the Policy periodically for updates.

  1. SCOPE OF THIS PRIVACY POLICY

1.1.    We understand that when accessing our Services, the privacy and confidentiality of Personal Information is important to you. That’s why we fully respect your rights to privacy and are committed to protecting the personal and financial details you provide us in line with this Policy. This Policy applies to our Services and all individuals who use our Services or whose Personal Information is processed by eGift Cards.

1.2.    We are committed to protecting the privacy of everyone who uses our Online Platforms and/or our Services, for them to understand what Personal Information we collect and store, and why we do so, how we receive and/or obtain that information, and the rights an individual has with respect to their Personal Information in our possession,  in accordance with the requirements of applicable privacy laws, including (without limitation) the Privacy Act 1993 (NZ) or other applicable privacy laws (‘Privacy Act’ or ‘Privacy Laws’) and the General Data Protection Regulation (EU) 2016/679 (‘GDPR’).

  1. CHILDREN

2.1.    Children under the age of 13 are not permitted to use the Services or the Online Platforms. No one under the age of 13 may provide any Personal Information to, or on the Online Platforms. We do not knowingly collect Personal Information from children under 13. If you are under 13, do not use or provide any information on our Online Platforms or through any of its features, register on our Online Platforms, make any purchases through the Online Platforms, use any of the interactive or public comment features of the Online Platforms, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13, we will remove and delete that information. If you believe we might have any information from or about a child under 13, please contact us at info@egiftcards.nz. Persons between the ages of 13 and 18 may only use the Services with the supervision of a parent or legal guardian (who has agreed to be bound by the Terms).

  1. THE INFORMATION WE COLLECT

3.1.    We may collect Personal Information that allows us to identify who an individual is and share Personal Information as required to provide the Services.

3.2.    The type of information we may collect includes:

3.2.1.   Personal Information – We may collect personal details such as an individual’s name, location, date of birth and nationality allowing us to identify who the individual is;

3.2.2.   Contact Information – We collect information such as an individual’s email address, Internet Protocol (IP) address, unique device identifiers, mobile number, device model and name, operating system, browser type third-party user names, residential, business and postal address and other information that allows us to contact the individual. We also collect other contact information (where you choose to import or upload that information) such as the names and phone numbers of your contacts from your address book or contact list, which we only use to help you quickly send gift cards to people you may know.

3.2.3.   Financial Information – We collect financial information such as any bank or credit card details used to transact with us and other information that allows us to transact with the individual and/or provide them with our Services; and

3.2.4.   Statistical Information – We collect behavioural and statistical information about an individual and businesses in connection with the Services and/or the Online Platforms.

  1. WHY WE COLLECT PERSONAL INFORMATION

4.1.    We collect Personal Information so that we can carry out the following actions:

4.1.1.   to enable you to use our Online Platforms;

4.1.2.   to provide our Services to you;

4.1.3.   to communicate with you, including about our Services and offers which might interest you;

4.1.4.   to provide information or advice;

4.1.5.   to process payments by or to you in connection with our Services;

4.1.6.   to create accounts, tax invoices or receipts;

4.1.7.   to provide your Personal Information to third parties in order for them to supply the Services to you; and

4.1.8.   to consider and respond to complaints made by you.

4.2.    We may disclose additional purposes for collection of your Personal Information in collection statements at the point of collection.

  1. HOW INFORMATION IS COLLECTED

5.1.    Information is collected in association with your use of the Services, when you make an enquiry to eGift Cards or in general dealings with us directly or via our Online Platforms. If you are a Gift Card recipient, Personal Information is collected from the person who purchased the Gift Card (which may include information about both you and/or that person).

5.2.    As you navigate through and interact with the Online Platforms, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including details of your visits to the Online Platforms, including traffic and location data, and information about your computer, device and internet connection, including your IP address, operating system, and browser type.

  1. WHEN PERSONAL INFORMATION IS USED & DISCLOSED

6.1.    We will not use any Personal Information other than for the purpose for which it was collected except with the individual’s permission or as otherwise outlined in this Policy.

 

6.2.    Our use of Personal Information may include, but is not limited to:

6.2.1.   Processing and completing transactions relating to the Online Platform, which involves the disclosure of your Personal Information to the Retailer(s) that you (or the Gift Card recipient) select;

6.2.2.   Requesting feedback regarding your use of the Online Platform and the Services, its products or other companies, and other news and promotions we think will be of interest to you;

6.2.3.   Responding to your emails, questions, comments, requests and complaints so as to provide customer service;

6.2.4.   Monitoring and analysing Online Platforms’ usage and trends;

6.2.5.   Performing analytics and increasing the Online Platform’s functionality, market profile and user friendliness;

6.2.6.   Investigating and preventing fraudulent transactions and other illegal activities;

6.2.7.   Sending notifications to you regarding important changes to the Online Platform and/or Services;

6.2.8.   Using the Personal Information for the purpose in which that information was collected; and

6.2.9.   Sending you confirmations, updates, security alerts, additional information about our products, Services and support, and otherwise to assist with your use of the Online Platform and the Services.

6.3.    We will retain Personal Information for the period necessary to fulfill the purposes outlined in this Policy unless a longer retention period is required or permitted by law or a request for deletion of that Personal Information is made pursuant to this Policy.

6.4.    Subject to clauses 9 and 17 and where otherwise stated in this Policy, we will not sell or otherwise provide or share your Personal Information to unrelated third parties unless:

6.4.1.   you consent to the sharing of your Personal Information; and/or

6.4.2.   such sale (or sharing) of Personal Information is in connection with, or during negotiations of, any merger, sale, financing or acquisition of eGift Cards assets, whereby this information may be disclosed or transferred as one of eGift Cards’s business assets.

6.5.     There are some circumstances in which we must disclose an individual’s information, which include:

6.5.1.   where we reasonably believe that an individual may be engaged in fraudulent, deceptive or unlawful activity that a governmental authority should be made aware of;

6.5.2.   to enforce or apply this Policy, or our Terms, conditions and policies and/or agreements;

6.5.3.   as required by any law;

6.5.4.   in order to sell our business (in that we may need to transfer Personal Information to a new owner);

6.5.5.   to our subsidiaries or affiliates; and/or

6.5.6.   to contractors, service providers, and other third parties we engage to support our business and who are bound by contractual obligations to keep Personal Information confidential and to use that information only for the purposes for which we disclose it to them.

  1. SENSITIVE INFORMATION

7.1.    Sensitive information is information about you that reveals your racial or ethnic origin, political opinions, religious or philosophical beliefs or affiliations, membership of a professional or trade association, membership of a trade union, details of health, disability, sexual orientation or criminal record.

7.2.    We will only collect your sensitive information where it is reasonably necessary for our functions or activities and either you have consented, or we are required or authorised under law to do so.

  1. OPTING “IN” OR “OUT”

8.1.    By clicking “I Agree” or any other button indicating your acceptance of this Policy, you expressly consent to the collection and use of your Personal Information in accordance with this Policy.

8.2.    An individual may opt to not have us collect their Personal Information (for example by unsubscribing to any marketing emails received). This may prevent us from offering them some or all of our Services and may terminate their access to some or all of the Services they access with or through us.

8.3.    If an individual believes that they have received information from us that they opted out of receiving, they should contact us on the contact details set out in clause 18.

  1. DE-IDENTIFIED INFORMATION

9.1.    We may use your Personal Information in de-identified form (de-identification being a process by which a collection of data or information is altered to remove or obscure personal identifiers and personal information) to assist us in running our business, operating the Online Platforms and providing the Services to you. We may also provide, including by way of sale, de-identified information in aggregated form, to third parties.

9.2.    When your Personal Information is included in de-identified, aggregated data, it is not possible to identify you or anything about you from that data.

  1. COOKIES

We may use temporary (session) cookies or permanent cookies when you access our Online Platforms and/or Services.  This allows us to recognise your browser and track the web pages you have visited. Some of these cookies also help improve your user experience on the Online Platforms, assist with navigation and your ability to provide feedback and assist with our promotional and marketing efforts. You can switch off cookies by adjusting the settings on your web browser.

  1. THE SAFETY & SECURITY OF PERSONAL INFORMATION

11.1. We may hold your Personal Information in either electronic or hard copy form.

11.2. If you provide information to us electronically we retain this information in our computer systems and databases. If you provide information to us in hard copy (paper) this information is normally retained in our files and a copy is made to our electronic files.

11.3. We use industry standard security measures to safeguard and protect your information from misuse, loss, and unauthorised access, modification and disclosure. 

11.4. We may disclose your Personal Information to third parties and service providers located overseas in connection with any purpose, including to overseas cloud computing hosts. We take reasonable steps to ensure that the overseas recipients of your Personal Information do not breach the privacy obligations relating to your Personal Information.

11.5. We are not responsible for the privacy or security practices of any third party, including Retailer(s) and third parties that we are permitted to disclose an individual’s Personal Information to in accordance with this Policy, the Privacy Laws or any applicable laws. The collection and use of an individual’s information by such third parties may be subject to separate privacy and security policies.

11.6. While we take reasonable steps to maintain the security of our internet connections, for reasons outside our control, information transmitted to us over the internet may not be absolutely secure and we assume no responsibility for the disclosure of data due to errors in transmission.

11.7. If an individual suspects any misuse or loss of, or unauthorised access, modification or disclosure to, their Personal Information, they should let us know immediately by contacting us on the contact details set out in clause 18.

11.8. Where we become aware of any breach to our security systems that breaches or is likely to result in a breach of your rights or freedoms with respect to your Personal Information, we will notify you and any supervisory authority as required.

11.9. We are not liable for any loss, damage or claim arising out of another person’s use of the Personal Information where we were authorised to provide that person with the Personal Information.

  1. HOW TO ACCESS AND/OR UPDATE INFORMATION

12.1. If you would like us to update or amend your Personal Information, please contact us on the contact details set out in clause 18 and we will make the requested amendments.

12.2. We may ask you to verify your identity to ensure that Personal Information we hold is not improperly accessed.

  1. CONNECTING VIA SOCIAL NETWORKS

13.1. You may log-in to the Services by signing into social networks such as Facebook or an Open ID provider. Providers such as Facebook provide the option of posting and sharing information with others within your social network. If you stop using the network from which you signed in to use the Services, you agree that we will still retain the personally identifiable information from the social network that you provided us access to in accordance with this Policy.

13.2. Social media features such as the Facebook ‘Like’ and ‘Share’ buttons, and widgets and interactive mini-programs, which run within those services may collect your IP address and set a cookie to enable the feature to function properly. Your interaction with these features is governed by the relevant privacy policy of the company providing those features.

  1. RIGHT TO DELETE

14.1. In the event that you decide you no longer want us to hold your Personal Information, you may notify us in writing on the contact details set out in clause 18 of your desire for us to delete your Personal Information on record. We will use our best endeavours and comply with all legal requirements within a reasonable timeframe to delete your Personal Information, unless we are required by law to retain such information. A request to remove posted information does not ensure complete or comprehensive removal of the content or information posted on our Online Platforms, by the registered user.

14.2. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

14.2.1.    Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with any applicable law, or otherwise perform our contract with you;

14.2.2.    Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;

14.2.3.    Comply with a legal obligation; and/or

14.2.4.    Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

14.3. We will delete or deidentify Personal Information not subject to one of these exceptions from our records and will direct our service providers to take similar action.

14.4. Only you, or someone legally authorised to act on your behalf, may make a request to know or delete your Personal Information. You may also make a request to know or delete on behalf of your child by contacting us using the contact information set out in clause 18 below. Your deletion request must provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorised representative thereof. The request must describe (with sufficient detail) so as to allow us to understand and evaluate what information you are requesting be deleted. We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you.

  1. RIGHT TO KNOW AND DATA PORTABILITY

15.1. You have the right to request that we disclose certain information to you about our collection and use of your Personal Information over the past 12 months (the “right to know”). Once we receive your request and confirm your identity, we will disclose to you:

15.1.1.    The categories of Personal Information we collected about you;

15.1.2.    The categories of sources for the Personal Information we collected about you;

15.1.3.    Our business or commercial purpose for collecting or selling that Personal Information;

15.1.4.    The categories of third parties with whom we share that Personal Information;

15.1.5.    The specific pieces of Personal Information we collected about you (also called a “data portability request”); and

15.1.6.    If we sold or disclosed your Personal Information for a business purpose, two separate lists disclosing:

15.1.6.1.    sales, identifying the Personal Information categories that each category of recipient purchased; and

15.1.6.2.    disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained.

  1. LINKS

Links from our Online Platforms or via our Services to third party services that we do not operate or control are provided for your convenience. We are not responsible for the privacy or security practices of services that are not covered by this Policy. Third party services have their own privacy and security policies which we encourage you to read before supplying any Personal Information to them.

  1. DIRECT MARKETING

17.1. We and/or our carefully selected third party business providers may contact you with direct marketing communications and information about the Services or other products and services offered by us via telephone, email, SMS, or regular mail.

17.2. If you have indicated a preference for a method of communication, we will endeavour to use that method wherever practical to do so.

17.3. You may opt out of receiving marketing communications at any time by responding via the channel in which you received the marketing communication, or by contacting us on the contact details set out in clause 18.  You can unsubscribe from emails by clicking the unsubscribe link on the footer of the email communication you have received.

  1. COMPLAINTS AND DISPUTES

18.1. If you need to contact us or have a complaint about our handling of your Personal Information, you should address your communication in writing to the details below:

eGift Cards Privacy Officer

Email:info@egiftcards.nz

18.2. If we have a dispute regarding your Personal Information, we both must first attempt to resolve the issue directly between us.

18.3. If we become aware of any unauthorised access to an your Personal Information we will inform you and any supervisory authority as required, at the earliest practical opportunity, once we have established what was accessed and how it was accessed.

  1. LOCATION-BASED DATA

To the extent that eGift Cards provides a location-based feature as part of the Services, it may collect, use, and share precise location data, including the real-time geographic location of your computer or device. Where available, location-based services may use GPS, Bluetooth, and your IP Address, along with crowd-sourced Wi-Fi hotspot and cell tower locations, and other technologies to determine your devices’ approximate location. Unless you provide consent, this location data is collected in a de-identified form that does not personally identify you.

  1. GDPR

20.1. If you are:

20.1.1.    A resident of the European Union or the United Kingdom; and

20.1.2.    accessing our Online Platforms or receiving our Services from within the European Union or the United Kingdom,

then, in addition to our obligations under the Privacy Laws, eGift Cards is required to comply with the GDPR with respect to your Personal Information.

20.2. Any reference to Personal Information in this Policy is also a reference to Personal Data (as defined under the GDPR).

20.3. eGift Cards takes the security and privacy of your Personal Information seriously and has prepared this Policy and taken measures to collect, process and hold all Personal Information in compliance with Privacy Laws and the GDPR regardless of the user. Therefore, no additional terms for GDPR users are required.

  1. ADDITIONS TO THIS POLICY

If we decide to change this Policy, we will post the changes on our website and will use reasonable endeavours to notify you of those changes. Please refer back to this Policy to review any amendments.