Privacy Policy

Haircare New Zealand respects your privacy.  Your visit to this website www.haircarenz.com is subject to this Privacy Policy and the other sections of the Terms and Conditions; therefore you must carefully review the Terms and Conditions and this Privacy Policy.  If you do not agree to any aspect of the Terms and Conditions or this Privacy Policy, please immediately leave the Site, and do not access or use it.

Words that are specifically defined in the Terms and Conditions have the same meaning in this Privacy Policy.

This Privacy Policy also applies to Haircare New Zealand's offline business activities.

Please note that this Privacy Policy governs only information provided to Haircare New Zealand.  It does not govern any other information or communications originating from third parties that may reference Haircare New Zealand or its Products.

Haircare New Zealand is bound by the Privacy Act 1993 (NZ) ("Privacy Act") regarding the manner in which it handles your personal information, and it will strictly comply with all relevant legislative requirements. This Privacy Policy sets out Haircare New Zealand's information handling procedures and the rights and obligations that both you and Haircare New Zealand have in relation to your personal information.  In the event of any inconsistency, the legislative requirements will override the provisions of this document.

I. Information Collected and How it is Used by Haircare New Zealand

You may choose to provide Haircare New Zealand with personal information when you visit the Site.  For example, if you would like to make a purchase, you will be asked to provide your contact information (name, email address, mailing address, and telephone number) as well as your delivery and billing address, credit card number and expiration date.  If you would like to register an account at the Site, then as part of this you may also disclose personal information to Haircare New Zealand.

If you purchase goods from Haircare New Zealand offline, or apply for a credit account, you may also provide Haircare New Zealand with personal information.

In addition to your personal details (name, addresses, telephone and email contact details), other kinds of personal information that Haircare New Zealand may collect and hold from time to time includes:

  • details of the Products and other goods you purchase;
  • data relating to your activity on the Site via tracking technologies such as cookies;
  • for credit account applicants, drivers licence details, trade references and landlord information (where relevant);
  • credit card information, if you have entered into a direct debit payment arrangement with Haircare New Zealand for your trading credit account; and
  • for job applicants or staff, employment history, educational qualifications, reference checks, payroll information and medical information (where relevant).

Haircare New Zealand will collect personal information about you in the following ways:

  • if you provide your information by telephone, post, email or facsimile, or in person, including by completing an application for credit account or credit card debit authority and supplying it to Haircare New Zealand;
  • if you contact Haircare New Zealand via email or submit your information through the Site, including by registering an account ; and/or
  • if you purchase Products from Haircare New Zealand.

If it is reasonable and practical do so, Haircare New Zealand will collect personal information about you only from you.  In the course of operating the Site and its business, however, Haircare New Zealand may collect personal information from third parties such as suppliers, advertisers, mailing lists, recruitment agencies, credit information agencies, contractors, clients and business partners.

If Haircare New Zealand collect personal information about you from a third party Haircare New Zealand will, where appropriate, request that the third party inform you that Haircare New Zealand is holding such information, how Haircare New Zealand will use and disclose it, and that you may contact us to gain access to and correct and update the information.

When Haircare New Zealand collect personal information from you, Haircare New Zealand will take reasonable steps to notify you or ensure you are aware of:

  • Haircare New Zealand's identity and contact details;
  • that Haircare New Zealand has collected your personal information, and whether that collection is required or authorised by law;
  • the purposes of collection;
  • the consequences if personal information is not collected (such as if this will affect Haircare New Zealand's ability to provide Products, goods or services to you);
  • Haircare New Zealand's usual disclosures of personal information of the kind collected;
  • information about this Privacy Policy; and
  • whether Haircare New Zealand is likely to disclose personal information to overseas recipients, and if practicable, the relevant countries in which they are located.

Some of the above information is included in this Privacy Policy.

If you would prefer that Haircare New Zealand not collect any personal information from you, please do not provide Haircare New Zealand with any such information (unfortunately, this means you will be unable to access the Site, or Purchase products through the Site, or open a credit account with Haircare New Zealand).

II. Use of Personal Information by Haircare New Zealand

Haircare New Zealand will only collect personal information where it is reasonably necessary to do so for the conduct of its business. Any collection of personal information by us will be fair and lawful and will not be intrusive.

a. Products
Personal information collected from you will be used for the purposes of processing Product orders placed by you through the Site, and may be shared with a third party for the purposes of fulfilling and delivering your order.  It will also be used to process and fulfil any orders for goods you submit offline.

If you choose to register an account with Haircare New Zealand via the Site, any personal information you provide as part of the sign-up process will also be used by Haircare New Zealand to monitor your account activities and provide you with the functionality and features of the Site.

b. Communications
If you have elected to provide Haircare New Zealand with your contact information, Haircare New Zealand may provide you with service related announcements concerning the Site by any means, including email. Haircare New Zealand may also contact you regarding your customer service requests or questions, or regarding your order for Products. These types of communications are necessary to serve you, respond to your concerns and to provide the high level of customer service that Haircare New Zealand offers its customers.

If you so elect, the information you provide may be used by Haircare New Zealand to create and deliver to you marketing and promotional emails such as Haircare New Zealand's newsletters, surveys or other email messages containing Product and event information, cosmetics tips or promotions (“Emails”). If you do elect to receive Emails and later decide that you would no longer like to receive them please notify Haircare New Zealand - see Section VII(b) below.

You may hear from Haircare New Zealand via mail or phone even if you have not elected to receive Emails. If you do not wish to receive these communications, please notify Haircare New Zealand - see Section VII(b) below

c. Customized Service
Haircare New Zealand may use your personal information to provide you with customised service and use of the Site.  For example, Haircare New Zealand may suggest Products that would be of particular interest to you, based upon your purchase history.

d. Site Promotions
On occasion, Haircare New Zealand may offer promotions through the Site, such as special events like sales and competitions, and other offerings such as questionnaires and surveys directed towards improving the Site and Haircare New Zealand's Product offerings. There may be specific rules applicable to these promotions that explain how any personal information you provide will be processed. You should review any applicable rules before participating. The use of personal information in connection with such promotions will be governed by this Privacy Policy, together with any additional terms and conditions which may apply to a particular promotion.

e. Distribution and Employment
If you provide personal information to Haircare New Zealand with respect to your interest in acting as a distributor of Products, or in seeking employment with Haircare New Zealand (such as your resume), Haircare New Zealand will treat such personal information as confidential and use it only to consider you for current and future opportunities and to contact you with respect to such matters. Material of this nature that you provide to Haircare New Zealand will be retained to be used in respect of future opportunities that may arise from time to time, unless you tell Haircare New Zealand that you no longer wish for Haircare New Zealand to retain your information.

f. Technologies
Haircare New Zealand uses various technologies to collect information about your visit to the Site and to enhance and customise your experience on the Site. These may include cookies, web beacons, tracking links and similar technologies. For example, Haircare New Zealand may collect the numerical Internet Protocol (IP) address identifying your computer or device which may indicate your geographic location. These technologies may provide a variety of information such as whether you have visited the Site before. They also may enable you to save your preferences. These technologies, in conjunction with your personal information, may be used by Haircare New Zealand from time to time in connection with the Site for purposes including but not limited to storing your preferences, and purchase history, to authenticate sessions, to customise material that is made available to you, or to otherwise make the Site and all its functionality available to you. You acknowledge that if you set your computer to reject and/or block these technologies, including cookies, you may restrict your access to certain features of the Site.

g. Credit

If you submit an application for a credit account with Haircare New Zealand, any personal information  you provide will be treated as confidential and use it only to consider your application and if that application is approved, for the purposes of maintaining your credit account.  If you submit a credit card debit authority to  Haircare New Zealand in connection with your credit account, any credit card and other personal information you supply will be used for the purposes of implementing the account payment arrangements you have requested.

III. How Information is Held, Collected, Used and Disclosed

Haircare New Zealand will hold personal information as either physical records, records on Haircare New Zealand's servers, and in some cases, records on third party servers, which may be located overseas.

Haircare New Zealand takes active steps to hold all hard copy and electronic records of personal information in a secure manner to ensure that they are protected from misuse, interference and loss, and unauthorised access, modification or disclosure.

Haircare New Zealand has procedures in place to destroy or de-identify personal information once it is no longer needed for a valid purpose or required to be kept by law.

In general, Haircare New Zealand will collect, hold, use and disclose personal information for the purposes of providing or offering goods and services to you.

By providing Haircare New Zealand with your personal information, you consent to Haircare New Zealand using and disclosing your personal information for the purposes described in Section II above.

There may be circumstances in which Haircare New Zealand is authorised or required by law to use or disclose your personal information.  For instance, a number of laws require the provision of personal information to third parties, including the Companies Act 1993 (NZ).  The precise information required to be provided will vary depending on the circumstances requiring disclosure of that information.  Other circumstances are described in Section IV below.

IV. Sharing of Information

Haircare New Zealand will not provide your personal information to third parties for their use in marketing their products or services to you without your consent, except as described in this Section IV below. In addition, Haircare New Zealand does not sell or otherwise disclose personal information about Site visitors or users except as described here.

Any disclosure that is required to be made to any third party will be made primarily for the purpose of providing or offering goods and services to you.  If Haircare New Zealand discloses information to a third party, Haircare New Zealand generally requires that the third party protect your information to the same extent that Haircare New Zealand does.

a. Affiliates
Haircare New Zealand may share your personal information with its related entities and other partners and associates that distribute and market Haircare New Zealand Products (“Affiliates”). Affiliates may use this information in accordance with this Privacy Policy. If you prefer that Haircare New Zealand does not share your personal information with its Affiliates, please do not provide it. Unfortunately, Haircare New Zealand is unable to offer the benefits of the Site or sell Products to anyone who does not consent to the sharing of their personal information with its Affiliates.

b. Third Parties
Haircare New Zealand may retain other companies and individuals to perform functions on its behalf in connection with the Site, such as web hosting companies and delivery fulfilment companies.  This includes the providers of the eWAY System and the PayPal System, who are engaged by Haircare New Zealand to process payments made through the Site, as well as Haircare New Zealand's financial institution(s).   Haircare New Zealand may also engage third parties to provide assistance in respect of any credit applied for or granted to you, including credit information agencies and debt collection agencies.  Such third parties may be provided with access to personal information needed to perform their functions but may not use such information other than on Haircare New Zealand's behalf and in accordance with this Privacy Policy.

On certain occasions you may be offered the opportunity to consent to the sharing of your information with a third party. If you consent, Haircare New Zealand will share your information with such third party and the information you provide may be used by such third party for their own purposes and in accordance with their own policies.  This may include marketing activities.

c. Business Activities
From time to time, Haircare New Zealand may as part of its business sell or transfer certain assets to Affiliates or unrelated third parties. By submitting your personal information on the Site you agree that your data may be transferred to such parties. You may choose not to have your information transferred as a business asset by contacting Haircare New Zealand as described in the Section VII(b) below.

d. Disclosure Required by Law
Haircare New Zealand may disclose any information it deems necessary, in its sole discretion, to comply with any applicable law, regulation, legal process or governmental request. In addition, Haircare New Zealand may disclose any information when it believes, in its sole discretion, disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with suspected or actual illegal activity i.e. to avoid, lessen or prevent a serious emergency or crime.  If Haircare New Zealand uses or discloses personal information about you in those circumstances Haircare New Zealand will make a written record of such use or disclosure.

e. Cross-Border Disclosures
As at the date of this Privacy Policy, Haircare New Zealand is not likely to disclose personal information to any category of overseas recipients.  If in future Haircare New Zealand proposes to disclose personal information overseas, it will do so in compliance with the requirements of the Privacy Act.  We will, where practicable, advise you of the countries in which any overseas recipients are likely to be located.

By providing your personal information to Haircare New Zealand  you consent to Haircare New Zealand  disclosing your personal information to any such overseas recipients for purposes necessary or useful in the course of operating its business.  For the avoidance of doubt, in the event that an overseas recipient breaches the New Zealand Privacy Principles, that entity will not be bound by, and you will not be able seek redress under, the Act.

If you do not want Haircare New Zealand to disclose your information to overseas recipients, please advise us by email to marketing@haircarenz.com.

V. Minors

The Site is not directed to children under the age of eighteen, but if you are under eighteen years of age, you may browse the Site. However, you may not provide personal information to Haircare New Zealand, and must not purchase Products from Haircare New Zealand. Haircare New Zealand does not knowingly collect personal information from children under the age of eighteen, and should it at any time become aware that it has inadvertently received personal information from a visitor under the age of eighteen on the Site, it will delete the information from its records.

VI. Protection and Updates

a. Protection of Personal Information
Haircare New Zealand maintains reasonable safeguards for this Site to protect against unauthorised disclosure, use, alteration or destruction of the personal information you provide on the site. This includes the measures described in Section (t) of the Terms and Conditions.  If you have any questions about security at the Site, you can send an email to privacy@haircarenz.com

b. Updates
This document reflects Haircare New Zealand's Privacy Policy as at 1/3/2015.

Haircare New Zealand may revise this Privacy Policy from time to time, by posting any revisions or changes onto the Site. All revisions and changes will become effective immediately upon posting, or such future date as may be specified in the posting. By continuing to access the Site following any changes becoming effective, you agree to be bound by any revised Privacy Policy.  The date of this Privacy Policy will inform you as to whether there have been updates since your last visit.

VII. Your Options

a. Updating Your Information
If you would like to update your contact information, you may do so by sending an email to marketing@haircarenz.com

b. How to Opt-Out and Manage Your Preferences
You may choose whether or not you would like to receive Email from Haircare New Zealand. You may change your preferences with respect to Email at any time by clicking the "unsubscribe" link at the bottom of each Email you receive from Haircare New Zealand, or emailing Haircare New Zealand at marketing@haircarenz.com. You may also choose not to receive mail or phone communications by emailing Haircare New Zealand at privacy@haircarenz.comand specifying that this is your preference.

In addition if you would like to change your other preferences, e.g., with respect to the transfer of data as described in Section IV(c) above, please contact Haircare New Zealand at privacy@haircarenz.com

c. Accessing Your Information

You have a right to request access to your personal information and to request its correction if it is out of date or incorrect.

You may request access or correction at any time by sending a written request to Haircare New Zealand's Privacy Officer via the contact details set out below.

You do not need to provide a reason for your request for access to your personal information.  Haircare New Zealand may charge a small fee for providing access to your personal information if it requires a significant amount of time to locate or collect your information or to present it in an appropriate form.  Haircare New Zealand will not charge you to correct your personal information that Haircare New Zealand holds in its Haircare New Zealand's records.

Haircare New Zealand will respond to all requests for access to or correction of personal information within a reasonable time.

Please note there may be circumstances in which Haircare New Zealand is not able to provide you with access to your information, such as where the requested access will have an unreasonable impact upon the privacy of others or where Haircare New Zealand is required by law to withhold the information.  If Haircare New Zealand is unable to provide you with access to your information, or make the amendments which you have requested, Haircare New Zealand will provide you with reasons for this decision.

d. Questions, Comments and Concerns
Haircare New Zealand has taken care to make sure that your visit to the Site is enjoyable, and that your privacy is maintained. If you have any questions or comments about Haircare New Zealand's privacy practices, please contact the Privacy Officer using the contact details set out below (g).

e. Complaint procedures
If you believe that Haircare New Zealand may have breached the New Zealand Privacy Principles, or failed to comply with this policy, you may direct your complaint to our Privacy Officer, using the contact details set out below.

Haircare New Zealand takes all complaints seriously, and will respond to your complaint within a reasonable period.

If you are dissatisfied with the handling of your complaint, you may contact the Office of the New Zealand Privacy Commissioner as follows:

Office of the New Zealand Privacy Commissioner

PO Box 10-094
The Terrace
Wellington 6143
Telephone: 04-474 7590 (Wellington)
Telephone: 09-302 8680 (Auckland)
Email: orders@privacy.org.nz

f. Anonymity

Where practicable, Haircare New Zealand is required to provide the option for you to deal with us anonymously or under a pseudonym.  This option will not be available where Haircare New Zealand is required or authorised by law to deal with individuals who have identified themselves, or if we need to verify your identity in order to provide Products or services to you.

g. Privacy Officer

The Privacy Officer can be contacted as follows:

Privacy Officer
Haircare New Zealand
PO Box 6084, Wellesley St, Auckland 1141
Phone: 0800 505 385

Email: privacy@haircarenz.com