Privacy Policy

WBM Limited t/a Withers & Co (“us”, “we” or “our”) respect your privacy. In this Privacy Policy (Policy), “you” and “your” means the individual providing Personal Information to us.

This Policy provides information in relation to the basis upon which we collect, hold, use and disclose your Personal Information. Personal Information has the same meaning as in the Privacy Act 1993, and from 1 December 2020, the Privacy Act 2020 (Act). In essence, it is information relating to an individual which can be used to identify that individual or which is linked to an identified individual.

By accessing our website, purchasing our goods, or using our services, you agree to the terms of this Policy.

1. Updates to this Policy

1.1 We will review this Policy from time to time to make sure it takes into account new laws and technology, and any changes to how we operate.

1.2 Should we decide to change our Policy we will post all changes on our website so that you are always kept up to date.

1.3 Use and disclosure of Personal Information collected from you is subject to the Policy in effect at the time such Personal Information is collected, unless otherwise agreed.

2. Collection of Personal Information

2.1 The Personal Information we collect and hold includes (but is not limited to): your name, email, address, phone number, payment information and the name of your company (where relevant). We may also collect any personal information contained in the content of your communications with us.

2.2 We collect your Personal Information when you provide it to us, including when you contact us, request an estimate, make an enquiry or purchase our goods and services (whether over the phone, via email or through our website).

2.3 We also collect your Personal Information through the use of our website, and when you interact with the marketing communications we send you.

2.4 Your Personal Information may also be collected from third parties you authorise us to contact, or by agents who are authorised by you to provide such information, or as otherwise permitted by the Act.

2.5 This website may also state other ways in which we collect information from you.

2.6 If you access this website from outside of New Zealand, you agree that any Personal Information you provide us is subject to this Policy and the Act.

2.7 If you do not provide the Personal Information that we ask you to provide, or the information is incorrect, we may not be able to provide the requested goods to you, respond to an enquiry, or contact you.

3. Third Parties

3.1 If you provide Personal Information relating to another individual, you warrant you are authorised to do so and that you have ensured the individual is aware of the information in this Policy. If you provide us Personal Information about others, or if others give us your information, we will only use that information for the specific reason for which it was provided to us.

3.2 We also use social media services like Instagram and Facebook. These services may be linked to this website through the use of social media buttons. Your use of these third party services is entirely optional. We may make use of any information that you make public when you use any such third party services for the purposes of our business.

3.3 All third party services are governed by the privacy policies and/or practices of the relevant third party, for which we are not responsible. If you do not want to provide Personal Information to any of those third parties, or make information publicly available, you should not use their particular service.

4. Purposes for which we collect and use your Personal Information

4.1 We may collect and use your Personal Information for the following purposes:

1. 4.1.1 to conduct our business, which may include reviewing, analysing and improving our own processes;
2. 4.1.2 to provide you with the goods and services you have purchased, for example to customise the goods you have ordered, and to provide you those goods;
3. 4.1.3 to optimise your experience as either a customer of our goods and services, or as a user of this website;
4. 4.1.4 to send you our newsletters, and to keep you updated with our services and to provide our marketing material to you, including letting you know about our special offers and promotions (where you have signed up to receive these marketing communications);
5. 4.1.5 to communicate with you, which includes responding to any message or enquiry you send us and identifying you when you want to communicate with us;
6. 4.1.6 to take any action in any case of dispute, or legal proceeding of any kind between you and us, or between you and any other person with respect to our business;
7. 4.1.7 to comply with our legal obligations; and
8. 4.1.8 any other purpose made known to you when collecting the Personal Information.

5. Marketing Communications and Disclosure of Personal Information

5.1 We may disclose your Personal Information to third party providers we use to assist us to send marketing communications. We provide those third parties with your name and email. Such third parties may be offshore and may not have privacy laws as comprehensive as in New Zealand.

5.2 Where marketing communications we initiate are sent by electronic means, the relevant third party (where applicable) will collect your interaction with the communication. The information collected includes whether you opened the email, the links you clicked on, the webpages viewed and the dates and times of such access and activity. The third party provides or makes available this information to us for the various purposes outlined in this Policy. They also hold this information on our behalf.

5.3 While these third parties are primarily collecting this information on our behalf, some of these third parties may use the information that we provide them and which is collected from your interaction with our marketing communications for their legitimate business interests, such as to provide, support and improve the services they provide and to undertake data analytics projects. However, we do not permit them to use your Personal Information to market their or any other person’s services to you.

5.4 We may use MailChimp to assist us in sending marketing communications. MailChimp is located in the United States. Please read their privacy policy, available here, to understand the ways in which they collect, hold, use and disclose such Personal Information. If you do not agree with how they will handle your Personal Information then you will need to unsubscribe from receiving marketing communications from us. We may change our provider at any time, and your information will be subject to the privacy policy of that new provider.

5.5 You may unsubscribe from receiving marketing communications from us in accordance with the unsubscribe facility in any email sending you marketing communications.

5.6 We will not be able to provide marketing communications to you if you unsubscribe or do not agree to our use of third parties to assist us with our marketing communications.

5.7 We do not otherwise share your Personal Information without your consent, except where permitted by the Act, unless we believe it is necessary:

1. 5.7.1 to enforce our terms and conditions, or where we are legally required to do so;
2. 5.7.2 for us or other authorised agencies to detect, investigate, prevent or address fraud, security or technical issues;
3. 5.7.3 to otherwise protect our property, legal rights, or that of others; or
4. 5.7.4 for the purposes of carrying out the matters noted in the section below on the ‘Management of Personal Information’.

6. We may use and disclose your Personal Information for any of these purposes, in any circumstances authorised by the Privacy Act, or in any other manner with your consent.

7. Cookies

7.1 We may also use cookies on this website. A cookie is a small data file stored on a device with a web browser (eg computer or ipad). It can contain information about your device, your IP address, your session, and the online activity on this website of anyone using your device.

7.2 We may also use third party analytic and optimisation tools, such as Google Analytics, to help us analyse data from our website so we can optimise our services to you. We use these cookies to compile reports and to help us better understand your use of our website.

7.3 While these third parties are primarily collecting this data on our behalf, some of these third parties may also use the data which is collected for their legitimate business interests, including to improve their own services, and to maintain the security of their systems. To understand the ways that Google Analytics may use your data, please read their policy on safeguarding your data, available here.

7.4 If you do not agree to the use of cookies, or would like to block some or all of the cookies on our website, you can manually disable or reject the use of cookies through your internet browser.

7.5 If you disable or reject the use of cookies some functionality on this website may not be available.

8. Management of Personal Information

8.1 Except as otherwise stated in this Policy, your Personal Information we collect is held by us. Our address is set out below.

8.2 If you are purchasing from our online merchandise store (withers-merchshop.myshopify.com), we use Shopify to facilitate your purchase. Shopify will provide or make available to us the information collected by them as required to enable us to confirm payment and provide the goods or services you have requested. Please read Shopify’s privacy policy, available here, to understand the ways in which they collect, hold, use and disclose such Personal Information.

8.3 In addition to the matters outlined above, we may also transfer Personal Information to other third party providers (including technology providers, providers services and providers of software tools used by us in our business) to perform services on our behalf, to process the information for us, or hold it on our behalf. These third parties may be offshore, but we will not authorise them to use such information for their own purposes.

9. Your Rights

9.1 You have the right of access to, and correction of, your Personal Information. To access or correct any of your Personal Information, please contact us as follows:

Email: janelle@withersandco.nz

Address: 50 Woodard Terrace, Somerfield, Christchurch 8024

9.2 We endeavour to ensure that the Personal Information we hold is accurate, complete and up-to-date. If any of the Personal Information that you have provided to us changes we encourage you to contact us to update that Personal Information.

9.3 If a dispute arises between us and we cannot resolve it with you, then you may wish to contact the Office of the Privacy Commissioner on investigations@privacy.org.nz.

10. Governing Law

10.1 This Policy is governed by the laws of New Zealand.