In this policy we refer to BoxHill as “we”, “us”, or “our”.
By entering any of our stores, using our website, mobile site, apps, store Wi-Fi or services, participating in our database or promotions or interacting with our customer service, you acknowledge that your personal information will be treated as described in this policy.
- PERSONAL INFORMATION
In this policy, “personal information” means the same as it does in the Privacy Act 1993 (“Privacy Act”). In general terms, this includes any information that can be used to personally identify you. This may include (but is not limited to) your name, age, gender, address, contact details (including phone numbers and email addresses) images of you, and financial information, including your payment information. If the information we collect personally identifies you, or you are reasonably identifiable from it, then the information is considered personal information.
- TYPES OF PERSONAL INFORMATION WE COLLECT
We may collect the following types of personal information:
- Mailing or street address
- Email address
- Telephone number
- Age or birth date
- Personal information that is available through social media
- Details of the products and services you have purchased from us (including payment information) or which you have enquired about or showed interest in, together with any additional information necessary to deliver those products and services and to respond to your enquiries
- Any additional personal information that you provide to us directly or indirectly through our websites, apps or in-store or through our representatives, through use of our services or otherwise; and
- Information you provide to us through our customer contact centre or customer surveys, or that is publicly available
- COLLECTION OF PERSONAL INFORMATION
We do this in a variety of ways, including when you:
- Purchase products or services from us
- Access and use our websites, apps and communications, including registration details and information relating to your use of the website and the services, such as the content you access (for example, the products you have viewed, or the search queries you input)
- Interact with us through live chat on our websites
- Enter our stores (for example, through video recordings)
- Access and use our Wi-Fi in-store
- Interact with us through any of our loyalty programmes
- Call, email or interact with our Customer Service Representatives, whether in store or at our Contact Centres, for example, when you return goods to us or when you collect goods under our click and collect service
- Complete an application for a product or service
- Enter promotions that we run or facilitate
- Interact with us on social media
You agree that we may also collect personal information from third parties, including:
- Third party companies such as credit reporting agencies, other retailers (for the purpose of preventing criminal behaviour), law enforcement agencies, and other government entities
- Mailing lists
- Contractors and business partners
- Suppliers or manufacturers
- IF WE ARE NOT ABLE TO COLLECT PERSONAL INFORMATION
If you choose not to provide us with the personal information described within this policy, then:
- We may not be able to provide you with the product or services you have requested, either to the same standard or at all
- We may not be able to provide you with information about products or services that you may want, including information about discounts, sales or special promotions
- We may not be able to tailor our content, website and communications for your preferences
- USE OF PERSONAL INFORMATION
The primary purpose for which we collect information about you is to enable us to perform our business activities and to provide the best possible customer service.
We collect, hold, use and disclose your personal information for the following purposes:
- To provide products and services to you
- To provide you with information or advice about existing and new products and services
- To manage product or service warranties or guarantees, including product or safety recalls
- To communicate with you and process your requests
- To manage and enhance our products and services
- To personalise and customise your experience with us
- To provide you with access to secure areas of our websites, apps or notices about updates to the functionality of our websites
- To conduct competitions or promotions, either ourselves or on behalf of selected third parties
- To verify your identity
- To provide to third parties if you have authorised us to do so
- To conduct analysis across our business
- To conduct business processing functions for operation of our websites or our business, for our administrative, marketing, promotional, planning, product/service development, quality control and research purposes, or those of our contractors or external service providers
- To investigate if we have reason to suspect a breach of any of our terms and conditions or any suspected unlawful activity
- To help prevent unlawful activity
- To link previous actions that you have taken on our websites or in our stores with historic data that we have collected but have not been able to identify as yours. For example, tokenised payment card data and device identification data
- As required or permitted by any law (including the Privacy Act)
Your personal information may be held at our registered office and it may also be held for us in the data centres, platforms and systems of our third-party service providers, some of which may be located outside of New Zealand.
Your personal information will not be shared, sold, rented or disclosed other than as described within this policy or as permitted by the Privacy Act.
- To recognise your computer or device and greet you each time you visit our websites, without bothering you with a request to register or log-in
- To keep track of products or services you view, so that we can send you, directly or through third parties, news about those products or services or other similar or related products or services that we think you may be interested in
- To measure traffic patterns, to determine which areas of our websites have been visited, and to measure transaction patterns in the aggregate
- To research our users’ habits so that we can improve our products and services
- To operate our websites efficiently with a high level of functionality
- To measure the effectiveness of our marketing initiatives
- To learn about your preferences so that we can present you with web content and advertising that is relevant to you
- To measure the number of advertising referrals we have received to our websites from other websites
- To produce data on web traffic and customer web activity through our website or apps
- USE OF PERSONAL INFORMATION FOR MARKETING
We use personal information to provide you with information or advice about our existing and new products and services. We also use it to conduct promotions.
If at any stage, you no longer wish to receive these marketing communications you may unsubscribe by using the link in any promotional email, logging into your account and changing your preferences or contacting us at firstname.lastname@example.org
We will not collect usage data or target advertisements based on the following market categories:
- Political opinions
- Membership of a political association
- Religious beliefs or affiliations
- Philosophical beliefs
- Membership of a trade union
- Sexual preferences or practice
- Criminal record
- Health information
We will not create categories designed to target children under the age of 18 years (however, this does not prevent us from marketing children's products to a general audience).
We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Shopify to power our online store--you can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy.
We also use Google Analytics to help us understand how our customers use the Site -- you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
You can opt out of targeted advertising by using the links below:
- Facebook: https://www.facebook.com/settings/?tab=ads
- Google: https://www.google.com/settings/ads/anonymous
- Bing: https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads
- Pinterest: https://www.pinterest.nz/settings/privacy/
Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.
Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
If you receive communications from us that you believe have been sent to you other than in accordance with this policy, or in breach of any law, please contact us at email@example.com
If you are using one of our mobile applications and you have notifications turned on, you are agreeing to accept notifications from us even when the mobile application is not running. Your notification preferences can be configured in the application's settings.
- DISCLOSURE OF PERSONAL INFORMATION
We may disclose your personal information:
- To our employees,
- For the operation of our websites or our business
- For the specific purpose of fulfilling requests by you
- To provide products and services to you
- Where we are permitted to under the Privacy Act
- As otherwise detailed in this policy
Where we engage third parties to undertake services, we may provide those third parties with some of your information if it is required to fulfil those services and only to the extent required to fulfil those services. Examples of such third party providers may include, but not limited to:
- Service providers such as web hosting providers, IT systems administrators, mailing houses, couriers, payment processors, photographic analysers, data entry service providers, electronic network administrators, debt collectors, marketing contractors/agencies, and professional advisers such as accountants, solicitors, business advisors and consultants
- Software providers such as customer relationship management and accounting software
- Existing or potential suppliers, business partners or joint venture entities or partners
- Sponsors, or promoters of any competition that we conduct or promote
- Specific third parties authorised by you to receive information held by us
We may disclose your personal information to manufacturers or suppliers of products or services for product warranty or guarantee fulfilment purposes, to facilitate repair of a product or where the manufacturer or supplier has advised that they need to contact you for any issues related to the quality or safety of the product or service you have purchased.
We require any third party to protect your information against unauthorised use or disclosure.
In addition to the above, we release personal information only when it is permitted under the Privacy Act or required by law for legal compliance and law enforcement (including to government agencies with statutory law enforcement responsibilities, and/or to your Internet Service Provider or network administrator); to facilitate court proceedings; enforce or apply our terms and conditions; or protect our or your rights, property, or safety and the rights, property and safety of our users, or others, and where we reasonably believe that disclosure is necessary. Government agencies with statutory roles enabling them to request data from us include the Police, Inland Revenue and the Ministry of Business, Innovation and Employment.
- DISCLOSURE OF PERSONAL INFORMATION OUTSIDE OF NEW ZEALAND
We may disclose personal information to external service providers or entities located overseas for some of the purposes listed above. 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.
- PROTECTION OF PERSONAL INFORMATION
We will take all reasonable steps to protect the personal information that we hold from misuse, loss, or unauthorised access or modification. If you suspect any misuse or loss of, or unauthorised access to, your personal information, please let us know immediately.
- RIGHT TO ACCESS OR CORRECT YOUR PERSONAL INFORMATION
You may request access to any personal information we hold about you at any time by contacting us at firstname.lastname@example.org
Your request will be processed in accordance with the Privacy Act.
If you make an access request, we will ask you to verify your identity. There may be instances where we cannot grant you access to the personal information we hold. For example, we may need to refuse access if granting access would interfere with the privacy of others, or if it would result in a breach of confidentiality. If that happens, in most circumstances we will give you written reasons for any refusal.
We may charge a reasonable fee for making your personal information available to you or providing you with copies of it.
If you believe that personal information we hold about you is incorrect, incomplete or inaccurate, then you may ask us to amend it. We will consider if the information requires amendment and will not charge for making any amendments. If we do not agree that there are grounds for amendment, then we will add a note to the personal information stating that you disagree with it. Registered users of our websites can access and update their user details online. We request that you keep your information as current as possible so that we may continue to improve our service to you.
- COMPLAINTS ABOUT A BREACH OF PRIVACY
If you believe that we have breached this policy or the Privacy Act or you have any questions or concerns about this policy, please contact us using the contact information below and provide details of the incident so that we can investigate it.
We have a formal procedure for investigating and dealing with complaints. Once the Privacy Officer receives a complaint the Privacy Officer will commence an investigation with the relevant business unit. The investigator will endeavour to determine the nature of any breach and how it occurred.
We may contact you during the process to seek further clarification if necessary. If a breach is found, the Privacy Officer will escalate the matter to management so that the process can be rectified to prevent any further breaches from taking place. We will also contact you to inform you of the outcome of the investigation. We will endeavour to resolve all investigations within a reasonable time.
We will treat your requests or complaints confidentially.
You can contact our Privacy Officer by email at email@example.com or by post at: Privacy Officer, Boxhill Ltd, 2 Shortland Street, Wellington, 6035.
TERMS & CONDITIONS
This website is operated by BoxHill. Throughout the site, the terms “we”, “us” and “our” refer to BoxHill. BoxHill offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall BoxHill, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless BoxHill and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New Zealand
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.