Privacy policy

This Privacy Policy describes how Tui and the Kiwi Limited (“Tui and the Kiwi”, “we”, “us” or “our”) collects, uses, and discloses your Personal Information when you visit or make a purchase from tuiandthekiwi.co.nz or any social media website or page, containing pages or content established by, or associated with Tui and the Kiwi (collectively the “Site”).

By submitting your information and other information to us, you consent to the processing of such information in accordance with our Privacy Policy.

Collecting Personal Information

When you visit the Site, we collect certain information about your device, your interaction with the Site, and information necessary to process your purchases. We may also collect additional information if you contact us for customer support. In this Privacy Policy, we refer to any information that can uniquely identify an individual (including the information below) as “Personal Information”. See the list below for more information about what Personal Information we collect and why.

Device information

Examples of Personal Information collected: version of web browser, IP address, time zone, cookie information, what sites or products you view, search terms, and how you interact with the Site.

Purpose of collection: to load the Site accurately for you, and to perform analytics on Site usage to optimize our Site.

Source of collection: Collected automatically when you access our Site using cookies, log files, web beacons, tags, pixels or mobile identifiers.

Disclosure for a business purpose: shared with our processor Shopify, professional service providers, such as marketing agencies, advertising partners and website hosts who help us run our business.

Order information

Examples of Personal Information collected: name, billing address, shipping address, recipient name, payment information (including credit card numbers), email address, phone number, login and account information, password, unique user ID, date of birth and gender.

Purpose of collection: to provide products or services to you to fulfill our contract, to process your payment information, arrange for shipping, and provide you with invoices and/or order confirmations, communicate with you, screen our orders for potential risk or fraud, and when in line with the preferences you have shared with us, provide you with information or advertising relating to our or related products or services.

Source of collection: collected from you.

Disclosure for a business purpose: shared with our processor Shopify, providers of support services to the Site and fulfilment applications, payment providers, insurers and social media partners, warehouses, order packers and delivery companies.

Other customer information

We may request information via surveys or competitions. Participation in these surveys or competitions is voluntary. Information requests may include contact information (name, email address, phone number), and demographic information (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 our service.

Tui and the Kiwi may collect personal information (e.g. your name, email address, social media identifier and the contents of your comment, review or post) when you post a review, leave a comment or send a post via social media or otherwise provide information on social media.

We do not collect any ‘Special Categories of Personal Data’ about you (including 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 Media post). Nor do we collect any information about criminal convictions and offences.

Tui and the Kiwi reserves the right to collect more 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 Site information may be collected from you as a result of the workings of the Site and the attached systems and software.

Minors

The Site is not intended for children. We do not intentionally collect Personal Information from children. If you are the parent or guardian and believe your child has provided us with Personal Information, please contact us at info@tuiandthekiwi.co.nz to request deletion.

Sharing Personal Information

We share your Personal Information with service providers to help us provide our services and fulfill our contracts with you, 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 may 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, to otherwise protect our rights, or to enforce or apply our Site Terms of Service and other agreements, including the terms and conditions of use of any social media platform.

We may share your Personal Information with credit reference agencies, law enforcement and fraud prevention agencies, so we can protect ourselves and our customers against fraud.

If Tui and the Kiwi or substantially all 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.

We do not, and will not, sell any of your personal data - including your name, address, or email address - to any third party, unless it is included in an acquisition of Tui and the Kiwi or substantially all its assets by a third party as outlined above.

Advertising

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 example:

We 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://policies.google.com/privacy?hl=en. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

We share information about your use of the Site, your purchases, and your interaction with our ads on other websites with our advertising partners. We collect and share some of this information directly with our advertising partners, and in some cases through the use of cookies or other similar technologies (which you may consent to, depending on your location).

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:

FACEBOOK - https://www.facebook.com/settings/?tab=ads

GOOGLE - https://www.google.com/settings/ads/anonymous

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/.

Marketing

You will only receive marketing messages via email 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 can stop receiving marketing messages from us at any time by: 

Clicking on the ‘unsubscribe’ link included in all Tui and the Kiwi emails or

Contacting us at info@tuiandthekiwi.co.nz who will update your preferences for you.

Once you have indicated that you no longer wish to receive emails from Tui and the Kiwi, we will update your profile to ensure that you don’t receive further marketing messages from us.

Stopping marketing messages will not stop service communications such as order updates.

Using Personal Information

We use your personal Information to provide our services to you, which includes: offering products for sale, processing payments, shipping and fulfilment of your order, and keeping you up to date on new products, services, and offers.

We may use and publish non-personal aggregate statistics and group data about those people who access the Site and their usage of the Site. Such aggregate information may also be provided to our advertisers and sponsors. However, Tui and the Kiwi will not share or make public identifiable information about you without your prior permission.

Data

No data transmission over the internet can be guaranteed as totally secure. Although Tui and the Kiwi 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. However, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

Where we have given you (or where you have chosen) a password or other data which enables you to access certain parts of our Site, you are responsible for keeping this password and any other identifier (including product purchase 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.

Using 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 Site 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 strict procedures and security features to prevent unauthorised access. Agents or contractors who, while providing services to Tui and the Kiwi, have access to information which you give to us are required to keep that information secure and confidential and are not permitted to use it for any purpose other than to carry out the services which they are performing for Tui and the Kiwi. However, the transmission of information via the internet is not completely secure.

Lawful basis

Pursuant to the General Data Protection Regulation (“GDPR”), if you are a resident of the European Economic Area (“EEA”), we process your personal information under the following lawful bases:

Your consent;

The performance of the contract between you and the Site;

Compliance with our legal obligations;

To protect your vital interests;

To perform a task carried out in the public interest;

For our legitimate interests, which do not override your fundamental rights and freedoms.

Retention

When you place an order through the Site, we will retain your Personal Information for our records unless and until you ask us to erase this information. For more information on your right of erasure, please see the ‘Your rights’ section below.

We will retain your information for as long as you have your account, or as long as it is needed to be able to provide our services to you. In the case of any contact you may have with our customer service team, your details will only be retained for as long as is necessary to provide support-related reporting and trend analysis.

If reasonably necessary or required to meet legal or regulatory requirements, resolve disputes, prevent fraud and abuse, or to enforce our terms and conditions, we may also keep hold of some of your information as required, even after you have closed your account or it is no longer needed to provide the services to you.

Automatic decision-making

If you are a resident of the EEA, you have the right to object to processing based solely on automated decision-making (which includes profiling), when that decision-making has a legal effect on you or otherwise significantly affects you.

We do not engage in fully automated decision-making that has a legal or otherwise significant effect using customer data.

Our processor Shopify uses limited automated decision-making to prevent fraud that does not have a legal or otherwise significant effect on you.

Services that include elements of automated decision-making include:

Temporary denylist of IP addresses associated with repeated failed transactions. This denylist persists for a small number of hours.

Temporary denylist of credit cards associated with denylisted IP addresses. This denylist persists for a small number of days.

Your rights

You are entitled to access any information which Tui and the Kiwi may hold about you and Tui and the Kiwi 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 Tui and the Kiwi correct any inaccuracies in any information which Tui and the Kiwi holds about you. Tui and the Kiwi is entitled to charge you for the reasonable costs of retrieving, providing this information, and as applicable, correcting this information.

You are entitled to require 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. 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.

You are entitled to require us to restrict processing of your personal information in the following scenarios: if you want us to establish the accuracy of the data, where our use of the data is unlawful but you do not want us to erase it, 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, 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, request that we transfer or port elements of your data either to you or another service provider and to complain to your data protection regulator.

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 above please contact us at info@tuiandthekiwi.co.nz. Please note you may be asked to provide proof of your identity and address.

Cookies

A cookie is a small amount of information that’s downloaded to your computer or device when you visit our Site. We use a number of different cookies, including functional, performance, advertising, and social media or content cookies. Cookies make your browsing experience better by allowing the website to remember your actions and preferences (such as login and region selection). This means you don’t have to re-enter this information each time you return to the site or browse from one page to another. Cookies also provide information on how people use the website, for instance whether it’s their first time visiting or if they are a frequent visitor.

We use the following cookies to optimize your experience on our Site and to provide our services.

Cookies Necessary for the Functioning of the Store

The length of time that a cookie remains on your computer or mobile device depends on whether it is a “persistent” or “session” cookie. Session cookies last until you stop browsing and persistent cookies last until they expire or are deleted. Most of the cookies we use are persistent and will expire between 30 minutes and two years from the date they are downloaded to your device.

You can control and manage cookies in various ways. Please keep in mind that removing or blocking cookies can negatively impact your user experience and parts of our website may no longer be fully accessible.

Most browsers automatically accept cookies, but you can choose whether or not to accept cookies through your browser controls, often found in your browser’s “Tools” or “Preferences” menu. For more information on how to modify your browser settings or how to block, manage or filter cookies can be found in your browser’s help file or through such sites as www.allaboutcookies.org.

Additionally, please note that blocking cookies may not completely prevent how we share information with third parties such as our advertising partners. To exercise your rights or opt-out of certain uses of your information by these parties, please follow the instructions in the “Advertising” section above.

Do Not Track

Please note that because there is no consistent industry understanding of how to respond to “Do Not Track” signals, we do not alter our data collection and usage practices when we detect such a signal from your browser.

Changes

We may update this Privacy Policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal, or regulatory reasons.

If we make significant changes, we will make that clear on the Site or other Tui and the Kiwi services, or by some other means of contact such as email, so that you are able to review the changes before you continue to engage with Tui and the Kiwi.

Waiver

If Tui and the Kiwi 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.

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.

Privacy Act

This Privacy Policy does not affect your rights under the Privacy Act 2020.

Contact

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at info@tuiandthekiwi.co.nz

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.

Last updated: 31 March 2024