Effective date: 10 May 2022

Brand Developers Limited (the “Company”) recognises the importance of protecting the privacy of all customers who either visit our websites or interact with our sales and customer service teams.

This privacy policy (the “Policy”), outlines the personal information that the Company, Brand Developers Aust Pty Limited (the Company’s Australian subsidiary) and the websites owned and operated by the Company in Australia (individually the “Website” or collectively the “Websites”) (collectively “we,” “us” or “our”) may collect from you when you visit the Websites, or when you interact with our sales or customer service teams, how we will use your personal information and what to do if you do not want your personal information collected or shared. For these reasons, we encourage you to read this Privacy Policy carefully.

We are bound by the Australian Privacy Principles contained in Privacy Amendment (Enhancing Privacy Protection) Act 2012, which amends the Privacy Act 1988 (Cth) (the “Privacy Act”).

The Privacy Act defines “personal information” ’as information or an opinion about an identified individual, or an individual who is reasonably identifiable: whether the information or opinion is true or not; and whether the information or opinion is recorded in a material form or not.’ Consequently any information which personally identifies an individual or from which an individual is reasonably identifiable is considered personal information.

By using this Website, interacting with our sales and/or customer service teams, participating in our database or otherwise providing your personal information to us, you consent to the collection, storage, disclosure, use and transfer of your personal information as described in this Policy. By continuing to access our website or to deal with us, you agree to be bound by the prevailing Policy appearing on this Website.

1. Purpose of collection of your personal information

We will hold, use and disclose personal information about you only for the purpose for which we have collected it and related purposes.

Your information will be used for the purpose of: facilitating your purchase order; responding to your enquiries and processing your requests; providing you with information or advice about our existing and new products that may interest you, including by email and SMS where you have consented to such communications (i.e. for marketing purposes); managing product warranties or guarantees; managing product and safety recalls; personalising your shopping experience with us; verifying your identity; quality control and market research purposes; investigating a breach of our terms and conditions or any unlawful activity; and as required or permitted by the Privacy Act or any other law.

For information on how to opt-out of allowing us to use your personal information for marketing purposes, see “11. Opting out of marketing communications” below.

2. Source of personal information

We will collect your personal information directly from you in a various ways, when:

• you place an order for one of our products;
• you use one of our Websites;
• you interact via email or phone with one of our sales representatives or customer service representatives.

Cookies

We also collect personal information through cookies stored on your computer. A cookie is a piece of data from a website that is stored within a web browser that the website can retrieve at a later time. Cookies are used to tell the server that users have returned to a particular website. When users return to a website, a cookie provides information and allows the site to display selected settings and targeted content. Cookies assist us in customising your experience on our Websites. For instance, we use cookies to learn about your preferences so we can present you with content on our Websites that is relevant to you.

We use cookies to improve your online experience. However, if you do not wish to allow cookies, you can disable cookies, for all websites, from your browser settings.

3. Types of personal information we collect

The type of personal information that we collect includes your full name, billing and delivery addresses, phone number, an alternate phone number, E-mail address, date of birth, Government ID details, communications with us about your order or questions about our products, reviews you post about products you have purchased and/or services you have received and your order information and history. We also collect technical data about the way you interact with our website such as your IP address and the pages you navigate to when browsing and placing an order.

Where you pay for products by card, your credit card payment information is collected by us and sent directly to Stripe® (Stripe® are the third party we appoint to process your card details and facilitate the payment process). Stripe® then process the payment using your card information. No identifiable credit card information is retained by us. If you use PayPal to pay for products, you will be redirected to their website to make the payment. Please see PayPal’s privacy policy for information about how they process your personal information.

4. Entity collecting and holding your personal information

Your personal information is collected and held by Brand Developers Ltd. Brand Developers Ltd.’s

registered address is:

Level 1, 519-521 Lake Road, Takapuna, Auckland 0622, New Zealand.

Your personal information may also be held on our behalf in the data centres and systems of our third-party service providers, some of which may be located outside of New Zealand and Australia. Please see “6. Disclosure of personal information to overseas recipients” below.

5. Disclosure of personal information

We may share your personal information to another company within the Brand Developers group or across brands within the Company for the purpose of providing products to you and answering your enquiries.

We will not disclose any information about you to a third party, subject to the following exceptions. We may only disclose your personal information if:

(a) required to do so by law or legal process,

(b) we believe disclosure is necessary or appropriate to prevent physical harm, financial loss or injury to, or interference with our rights or property;

(c) we reasonably believe that information has been used in order to commit unlawful acts or acts that may endanger the health and/or safety of the public;

(d) in connection with the investigation into suspected or actual illegal activity; or

(e) we believe the law in good faith requires such disclosure.

We may also disclose your personal information to third parties that we engage to provide services to us, including but not limited to: delivery companies, IT service providers, payment system operators and our related companies. Some of our service providers operate from overseas locations and we may, in order to receive those services, transfer personal information overseas, predominantly to the Asia Pacific Region. Please see “6. Disclosure of personal information to overseas recipients” below.

We may also disclose your personal information to manufacturers or suppliers of products for product warranty or guarantee fulfilment purposes, to facilitate repair of a product or any issues related to the safety or quality of a product you purchased.

Any such transfers are subject to confidentiality and security obligations and for the sole purpose of the performance of those services.

6. Disclosure of personal information to overseas recipients

Should we disclose your personal information to a company outside of Australia for the purposes described in “5. Disclosure of personal information” above, we will ensure that the receiving organisation is subject to a law or binding scheme, that has the effect of protecting your personal information in a way that overall, is at least substantially similar to that governing the protection of your personal information under Australian law and under New Zealand law.

7. Protection of your personal information

Protecting your information is of primary importance to us and any information that is collected is stored on secure servers and we take all precautions to protect your personal information with such security safeguards as it is reasonable in the circumstances to take against loss, access, use, modification, disclosure and other misuse, including through a range of physical and electronic security measures.

We implement procedures to prevent the unauthorised disclosure of personal information provided to third parties. We also use a range of security measures to protect the personal information that we hold, including by encrypting data transmitted between us and your browser.

However, no data storage or data transfer system is 100% secure, error-free or free from vulnerabilities. The Company cannot guarantee the security of its databases or services, nor can it guarantee that the information you supply will not be intercepted while being transmitted by us over the Internet. The Company is not responsible for the actions of third parties.

Please notify us immediately if you become aware of any breach of security.

8. How to make a privacy complaint

If you wish to inform us of a privacy breach relating to your personal information or if you believe that we have breached this Policy or the Privacy Act, you can write to us at:

Privacy@BrandDevelopers.com.au

or

The Privacy Officer

Brand Developers Limited

PO Box 33604

Takapuna, Auckland 0740

New Zealand

Your complaint will be investigated promptly by our Privacy Officer. You will receive written or telephone communications and will be kept informed of the progress and of the outcome of the investigation.

9. Unsolicited materials

Through the Websites, we sometimes request that you provide us with certain types of information so that we may better serve you. The requested information may include questions and comments about our products. Please do not provide us with materials, including but not limited to business, advertising, creative, marketing or any other types of proposals, concepts, know-how, ideas and the like ("Unsolicited Materials"). All Unsolicited Materials, including any unsolicited personal information (for example, personal information provided not in response to a specific request for such information, but in a free form text box), that we receive will not be subject to this Privacy Policy.

By submitting any Unsolicited Materials, you agree that we shall have the sole discretion as to how to utilize such Unsolicited Materials and that you automatically provide to us a perpetual, royalty free license to such end. If any Unsolicited Materials that you provide to us are protected by third party copyright, trademark or other proprietary rights, you agree to indemnify, defend, and hold harmless the Company, its subsidiaries and/or affiliated entities, and its and their respective officers, directors, employees, agents, licensors, representatives, and third party providers (collectively, the “Brand Developers Indemnitees”), against any claims or actions brought against any of the Brand Developers Indemnitees arising out of or relating to our use or possession of the Unsolicited Materials.

10. Access to and correction of your personal information

We take reasonable steps to make sure that the personal information which we collect, use or disclose is accurate, complete and up to date.

If you wish to access, update, or correct your personal information which we hold, please contact our Privacy Officer: Privacy@BrandDevelopers.com.au.

Your request will be processed in accordance with the Privacy Act.

11. Opting out of marketing communications

You may choose to unsubscribe from marketing emails and/or SMS by sending an email to Privacy@BrandDevelopers.com.au or by utilising the unsubscribe link on our marketing emails or the unsubscribe facility on one of our SMS. Even if you opt-out of electronic communications, we may still contact you to send you important information regarding the operation or administration of your account or other non-marketing information such as product safety information.

We may also still share certain information with third parties to comply with legal obligations.

We aim to respond to all enquiries regarding your communication preferences within seven (7) days.

12. Children’s Privacy

The Websites are not directed to children and we do not intentionally collect or maintain any personal information from children under the age of 18 years old. If you believe that we might have any personal information from or about anyone under the age of 18, please notify us immediately at Privacy@BrandDevelopers.com.au.

13. Google Analytics

We use Google Analytics to gather statistics about our visitors and use of our web content. Google Analytics uses cookies to collect information about which pages you visit, how long you are on the site, how you got there (for example from a search engine, a link, an advertisement etc.) and what you select. Advertising features we may use include remarketing with Google Analytics, Google Display Network Impression Reporting, Google Analytics Demographics and Interest Reporting and other integrated services. No personally identifying information is collected. To opt out of Google Analytics, you can download a browser add-on from Google. Alternatively, you can set your browser to refuse or delete cookies from Google Analytics. Check your browser's help information to find out how.

14. Finding out about our management of your personal information

If you would like to find out more about our management of your personal information or our approach to privacy, please contact our Privacy Officer: Privacy@BrandDevelopers.com.au.

15. Changes to this Policy

We reserve the right, at our sole discretion, to modify, alter or otherwise update this Policy at any time and you agree to be bound by such modifications, alterations or updates.

We will notify you of material changes to this Policy by posting the revised policy with the date it was revised on this page. Your continued use (including access, browsing and/or use of any interactive feature) of our Websites and interaction with our sales and customer service teams constitutes your agreement to this Policy and any updates.

We encourage you to periodically review this Policy to stay informed about how we are protecting the personal information we collect.