Privacy Policy

PRIVACY POLICY

 

 

  1. RACELAB PRIVACY POLICY

 

Racelab Retail Limited (“Racelab”, “we”, “our” and “us”) is committed to protecting your privacy. This Privacy Policy sets out the basis on which Racelab collects information from you and also the basis on which any such information collected from you is dealt with.

 

By accessing:

 

    1. The Racelab website at www.racelab.co.nz (“Website”);

 

    1. Any other Racelab website, page or application used to gather your details or send you email notifications relating to Racelab and its products; or

 

    1. Any social media website or page, containing pages or content established by or associated with Racelab, including but not limited to:

 

      1. Facebook and

      2. Twitter (“Social Media”),

 

(each of (a), (b) and (c) are collectively referred to as the “Internet Sites”),

 

you are deemed to have read and agree to be bound by this Privacy Policy. If you do not accept the terms of this Privacy Policy, you must not access the Internet Sites.


  1. WEBSITE TERMS AND CONDITIONS

 

As well as this Privacy Policy, the Website Terms and Conditions (“Terms and Conditions”) for the Internet Sites also govern your access to and use of the Internet Sites. You should ensure that you read the Terms and Conditions in conjunction with this Privacy Policy. By accessing the Internet Sites you are deemed to have read and agree to be bound by the Terms and Conditions as well as this Privacy Policy. In addition, if you are purchasing goods from the Website (“Goods”) you should ensure you read the Terms of Purchase as these will govern the purchase of any Goods you make.


  1. AMENDMENTS

 

Racelab reserves the right to amend this Privacy Policy from time to time. When we do, we will inform by posting the changes on our Website. Amendments will be effective immediately upon being placed on the Website. Your continued use of the Internet Sites following such amendments being placed on the Website will represent an agreement by you to be bound by the Privacy Policy as amended. If you do not agree with any aspect of the updated Privacy Policy, you must promptly notify us and cease using the Internet Sites.

 

We will collect, use, hold and disclose your personal information in accordance with our most recently updated version of the Privacy Policy as posted on our Website.

 

This privacy policy was last updated in [insert month] 2020.


  1. INFORMATION WE MAY COLLECT AND HOW WE USE IT

 

Racelab collects the following information about you when you use the Internet Sites:

 

  • Information that you provide to us: We may collect personal information (for example your name, email address and postal address) when you enter these into our website to buy a product or register for marketing communications;

  • Limited financial information: Certain financial information that you provide when placing orders through the Website (e.g., we receive card type, last 4 digits of the card number and expiry date from our third-party payment provider);

  • Information transmitted by your device when you use the Internet Sites: This may include your IP address, browser data and information we receive from cookies (please see clause 9 below).

  • Information via surveys or competitions: Participation in these surveys or competitions is voluntary. Information requests may include contact information (such as your name and email address), and demographic information (such as your postcode and age). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of the Website.

  • Comments, reviews and posts on social media: Racelab may collect personal information (for example, your name, email address, social media identifier and the contents of your comment, review or post) when you leave a comment, post a review or send a post via social media or otherwise provide information on social media.

 

We may use this information in the following ways:

 

  • to provide our service(s) to you as a user of the Internet Sites, including enhancing your user experience;

  • to process and fulfil your orders for our products;

  • to provide you with marketing communications and other information about special offers or features of the Internet Sites which we think may be of interest to you and for related marketing purposes, if you have submitted your contact details to us for these purposes or otherwise provided your consent for us to do so;

  • for marketing third party products and services to you, if you have provided your consent for this;

  • to ensure that content from the Internet Sites is presented in the most effective manner for you and your computer;

  • to notify you about changes to our products and/or the Internet Sites;

  • to notify you about product recalls; and

  • when managing and maintaining the Internet Sites.

 

We do not collect any ‘Special Categories of Personal Data’ about you, such as details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data) unless you voluntarily provide this (e.g through a social sedia post). Nor do we collect any information about criminal convictions and offences.

 

 

  1. FURTHER COLLECTION

 

Racelab reserves the right to collect more extensive information where it deems such action is appropriate, such as in the case of any security concerns which may arise. Where possible, information will be obtained directly from you. However, you acknowledge that by accessing the Internet Sites information may be collected indirectly from you as a result of the workings of the Internet Sites and the attached systems and software.

 

In addition, to the extent Racelab deems it necessary to make any credit enquiries about you, you authorise Racelab to make such enquiries and authorise any person to provide Racelab with such information as Racelab reasonably requires in response to its credit enquiries.


  1. SOCIAL MEDIA

 

We work with trusted third parties, including social network sites like Facebook, Twitter, YouTube, Google+, and with application developers who specialise in social media so we can connect to your social networks. All these companies operate third party sites. We provide access to our social media to third parties and business partners so we can generate interest in our products and services among members of your social networks and to allow you to share product and service interests with friends in your network.

 

We cannot control how your data is collected, stored, used or shared by third party sites or to whom it is disclosed. Please be sure to review the privacy policies and privacy settings on your social networking sites to make sure you understand the information they are sharing. If you do not want a third-party site to share information about you, you must contact that site and determine whether it gives you the opportunity to opt-out of sharing such information. Racelab is not responsible for how these third parties may use information collected from or about you.

 

  1. INFORMATION DISCLOSURE TO THIRD PARTIES

 

We may disclose your personal information as follows:

 

  • For marketing purposes: provided your consent has been given and has not been withdrawn, with the third parties mentioned when we seek consent;

  • To social media partners: for identifying other people like you, who may also be interested in our products, provided your consent has been given (for further details, please see the clause 6 “SOCIAL MEDIA” above);

  • To service providers: who manage aspects of our operations and make them more efficient (for example third parties who provide support services to the Internet Sites, payment providers and delivery agents);

  • To our insurers, brokers and external auditors;

  • To debt collection and credit reference agencies: and other parties deemed necessary in relation to providing you access to the Internet Sites, for any services you access or goods you purchase from the Website, to recover any money you owe Racelab, and to exercise any lawful right Racelab or its related companies may have;

  • To a third party purchaser: if Racelab or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.  If a change happens to our business, then the new owners may use your personal data in the same way as set out in this Privacy Policy;

  • To authorities and third parties: if we are under a duty to disclose or share your personal data to comply with any legal obligation, or in order to enforce or apply our Website Terms and Conditions and other agreements, including the terms and conditions of use of any social media platform; or

  • To advisors and third parties: to protect the rights, property, or safety of Racelab or Website and/or Social Media users (this includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction).

 

We only allow third parties to handle your personal data if we are satisfied that they take appropriate measures to protect your personal data. One way we achieve this is by placing contractual obligations on third parties governing the use of personal data that we provide them with.

 

We will share personal information with law enforcement or other authorities if required by applicable law.

 

  1. YOUR RIGHTS – MARKETING

 

You will only receive marketing communications from us and/or third parties if you have consented to this when you provided your contact details to us (or if you have otherwise submitted your consent to us for these purposes).

 

You have the right to ask us not to use your personal data for marketing purposes. You can request that you stop receiving information from us at any time by contacting us at the address set out below (please see clause 21 “QUERIES”)

 

  1. IP ADDRESSES AND COOKIES

 

We may collect information about your computer including your IP address, operating system and browser type for system administration and to report aggregated information. This is statistical data about your browsing actions and patterns and does not identify you individually.

 

Our Website also uses a technology called cookies to record the preferences of visitors and enable us to optimise the design of the Website. A "cookie" is a small data element that a website transfers to your computer for record keeping and experience customisation purposes. The length of time that a user’s computer stores cookies is determined by the user’s browser settings.

 

The use of "cookies" is an industry standard and helps show us how the Website is used. During normal usage of the Website "cookies" do not store your email address or other personal information about you unless you have given your consent, or if it is essential for technical reasons. We use this technology to generate statistics and measure website activity to improve the usefulness of the Website. Each time you access the Website our server may deliver certain customised information (such as advertisements) to you based on the data stored in your cookie. Third party vendors may utilise cookies to collect information about the content you view on the Website and use that information to show our advertisements on websites and/or serve these advertisements based on your prior visits to our Website and other internet activity. We may also use analytics data supplied by third party vendors to inform and optimise our ad campaigns.

 

Some of the tags that are used on the Website include, but are not limited to, container tags (such as Google tag manager), which include retargeting tags and analytics tags. These tags provide us with aggregated knowledge and information on website behaviour and user preferences.

 

By using the Website, you consent to the use and storage of cookies on your end device. You can also use the Website without cookies. If you do not wish to receive any cookies you may set your browser to refuse cookies. Not all features of the Website may be available if you do not enable cookies. We recommend you enable cookies in order to enjoy the Website.

 

  1. STATISTICS

 

Racelab may use and publish non-personal aggregate statistics and group data about those people who access the Internet Sites and their usage of the Internet Sites. Such aggregate information may also be provided to our advertisers and sponsors. However, subject to the further terms of this Privacy Policy, Racelab will not share or make public identifiable information about you without your prior permission.


  1. DATA TRANSMISSION

 

Unfortunately, no data transmission over the internet can be guaranteed as totally secure. Whilst Racelab strives to protect such information, we do not warrant, and cannot ensure complete security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.


  1. ACCESSING & AMENDING INFORMATION

 

You are entitled to access any information which Racelab may hold about you and Racelab is obliged to provide this information to you as long as it has such information and such information can be readily retrieved. You are also entitled to request Racelab correct any inaccuracies in any information which Racelab holds about you. Racelab is entitled to charge you for the reasonable costs of providing this information, and as applicable, correcting this information.


  1. DELETING INFORMATION

 

You are entitled to ask us to delete your personal information where there is no good reason for us to continue to hold it or where you have successfully exercised your right to object to processing (see clause 14 below). Please note however that we may not always be able to comply with your request for specific legal reasons which will be notified to you if applicable at the time of your request.


  1. PROCESSING RIGHTS

 

You are entitled to ask us to restrict processing of your personal information in the following scenarios:

 

    1. if you want us to establish the accuracy of the data;

    2. where our use of the data is unlawful but you do not want us to erase it;

    3. where you need us to hold the data even if we no longer require it as you need it to establish or defend legal claims;

    4. you have objected to our use of the data but we need to verify whether we have overriding legitimate grounds to use it.

 

You have the right to object to your personal information being processed for direct marketing or profiling.

 

You have the right not to be subject to a decision based solely on automated processing that produces legal effects concerning you or similarly effects you.

 

Where we are relying on your consent to process your personal data (e.g for marketing purposes) you have the right to withdraw your consent to that process at any time. This will not impact the lawfulness of any processing before you withdraw consent.

 

If you wish to exercise any of the rights referred to in subclauses (a) to (d) above please contact us at the details provided in clause 21 below. Please note you may be asked to provide proof of your identity and address (e.g a copy of your passport and a recent utility bill).


  1. COMBINING INFORMATION

 

Racelab may combine any information which it collects from you with information collected by its related companies.


  1. DATA STORAGE – WHERE YOUR PERSONAL DATA IS HELD

 

All information you provide to us is stored on our secure servers and those of our service providers and agents.

 

Where we have given you (or where you have chosen) a password or other data which enables you to access certain parts of our Website, you are responsible for keeping this password and any other identifier confidential and we strongly recommend that you do not share your password or other identifier with anyone. Furthermore, we strongly recommend that you do not use the same password for any other service or website.

 

This or the dynamics of the internet may mean that information is sent electronically to servers outside of the country where you originally entered the information. In addition, that information may be used, stored and processed outside the country where you entered that information and by using the Internet Sites you consent to such transfer, storage or processing. We will always take steps to ensure that your information is treated securely and adequately protected in accordance with this Privacy Policy.

 

Your data may also be processed by staff that work for us or for one of our suppliers and may be situated outside the country where you entered that information. Such staff may be engaged in, among other things, the provision of our service(s) to you and the provision of support services. By submitting your personal data, you agree to such transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy.

 

We use procedures and security features to prevent unauthorised access. However, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our Website; any transmission is at your own risk.

 

  1. FOR HOW LONG WILL WE KEEP YOUR PERSONAL DATA?

 

If you choose to create an account, we will keep your personal information for as long as your account is open. If you don’t have an account, or choose to close your account, we will keep some of your information for up to 8 years since we last provided product to you. We consider 8 years to be an appropriate retention period because it is as long as is necessary for us to:

 

  • respond to any questions, complaints or claims made by you or on your behalf;

  • show that we treated you fairly;

  • keep records required by law; and

  • satisfy any accounting or reporting requirements.

 

We will not retain your personal information for longer than necessary for the purposes set out in this policy.

 

When it is no longer necessary to retain your personal information, we will delete or anonymise it.

 

In some circumstances you can ask us to delete your data: see clause 13 “DELETING INFORMATION”.


  1. WAIVER

 

If Racelab delays or does not exercise any of its rights and remedies available to it under this Privacy Policy, that will not be a waiver of that right or remedy.


  1. SEVERABILITY

 

If any provision of this Privacy Policy is held to be invalid, void, unenforceable or illegal for any reason, such provision shall be deemed to be severed from this Privacy Policy and the remaining provisions shall continue in full force.


  1. PRIVACY ACT

 

This Policy does not limit or restrict your rights under the New Zealand Privacy Act 1993.


  1. QUERIES & COMPLAINTS

 

If you have any queries in regard to our Privacy Policy please do not hesitate to contact Racelab by email: [insert] or telephone [insert]. We will do our best to resolve any concerns you may have directly with you and encourage you to contact us with details of your concerns. If we are unable to resolve your concerns, you have the right to make a complaint to the NZ Privacy Commissioner. For further information on making a complaint visit www.privacy.org.nz/your-rights/making-a-complaint.

 

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