This Privacy Policy describes how jamiekay.co.nz (the “Site”) collects, uses, and discloses your Personal Information when you visit or make a purchase from the Site. In this Privacy Policy, the terms “we”, “us”, and “our” refer to Jamie Kay Limited.

1 Collecting Personal Information

1.1 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.
1.2 When dealing with Personal Information, we will comply with this Privacy Policy and with applicable privacy laws in New Zealand, Australia, the European Union, and California in the United States of America (together “Applicable Privacy Laws”, and separately “Applicable Privacy Law”). If you are not in any of these locations, this Privacy Policy may not comply with the privacy regulations in your location. If you live elsewhere in the world and access or purchase products from the Site, you so do at your own risk knowing that you are providing us with Personal Information (which we will deal with as if you were subject to the New Zealand Privacy Act 2020).
1.3 This Privacy Policy does not limit or exclude any of rights under the Applicable Privacy Laws in the countries in which this Site is available. For more information, see:
1.3.1 For Australian residents, the Australian Privacy Act 1988.
1.3.2 For New Zealand residents, the New Zealand Privacy Act 2020.
1.3.3 For residents of the European Economic Area (“EEA”), the General Data Protection Regulation (“GDPR”).
1.3.4 For residents of California, United States of America, the California Consumer Privacy Act 2018 and the California Online Privacy Protection Act 2013.
1.4 In this Privacy Policy, we refer to any information about an identifiable individual (including the information below) as “Personal Information”.
1.5 Personal Information we may collect includes your name, billing address, shipping address, payment information (including credit card numbers), email address, and phone number.
1.6 Please do not provide us with information about another person, unless that person has authorised you to do so. If you provide information to us about another person then you are responsible for making that individual aware that you have disclosed their personal information to us and that we can use their information as set out in this policy.
1.7 The Site is not intended for individuals under the age of 16. 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 the address below to request deletion.
1.8 We may also collect the following Personal Information from your device when you access the Site:
1.8.1 version of web browser;
1.8.2 IP address;
1.8.3 time zone;
1.8.4 cookie information;
1.8.5 what sites or products you view;
1.8.6 search terms; and
1.8.7 how you interact with the Site.
1.9 Digital Information is collected by several means, including cookies, log files, web beacons, tags, or pixels.
1.10 Our payment service provider, With Reach UK Limited (“Reach”), acts as “Merchant of Record” for outbound transactions so Reach collects Personal Information for that purpose, including information necessary to process payment transactions and for fraud prevention purposes. When you use the Reach payment service, Personal Information is provided directly to Reach, or the Reach Entities and their Third-Party Service Providers. An “outbound transaction” occurs when a product needs to cross a customs border for delivery to you.

2 Use of your Personal Information

2.1 We will use your Personal Information only in accordance with applicable privacy laws. We collect your Personal Information for the purpose of:
2.1.1 verifying your identity;
2.1.2 helping load the Site accurately for you;
2.1.3 offering products for sale, shipping and fulfilment of your order, and keeping you up to date on new products, services, and offers.to provide products or services to you to fulfil our contract;
2.1.4 processing your payments;
2.1.5 arranging for shipping and fulfilment of your order;
2.1.6 providing you with invoices and/or order confirmations;
2.1.7 communicating with you;
2.1.8 providing customer support;
2.1.9 screening orders for potential risk or fraud;
2.1.10 when in line with the preferences you have shared with us, providing you with information or advertising relating to our products or services;
2.1.11 gathering statistical information and complying with statutory requirements;
2.1.12 protecting and/or enforcing our legal rights and interests, including defending any claim;
2.1.13 purposes directly related or incidental to the above; and
2.1.14 for any other purpose authorised by you or permitted by law (including Applicable Privacy Laws).
2.2 Pursuant to the GDPR, if you are a resident of the EEA, we process your personal information under the following lawful bases:
2.2.1 your consent;
2.2.2 the performance of the contract between you and the Site;
2.2.3 compliance with our legal obligations;
2.2.4 to protect your vital interests;
2.2.5 to perform a task carried out in the public interest; and
2.2.6 for our legitimate interests, which do not override your fundamental rights and freedoms.

3 Sharing Personal Information

3.1 We share your Personal Information with service providers for the purposes above, and to help us provide our services and fulfil our contracts with you and for directly related purposes (including those required by Applicable Privacy Laws). For example:
3.1.1 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.
3.1.2 We use Reach to process payments and act as “Merchant of Record”. You can read more about how Reach uses your Personal Information here: https://withreach.com/privacy-policy
3.1.3 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, or to otherwise protect our rights.
4 Internet Use
4.1 Users of the Site are advised that there are inherent risks when transmitting information over the internet. We not guarantee the safety of any Personal Information submitted over the internet.
4.2 Our Site may have links to external websites operated by other organisations. We cannot guarantee the content or privacy practices of external websites and do not accept responsibility for those websites.

5 Behavioural Advertising

5.1 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:
5.1.1 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:
5.1.2 https://policies.google.com/privacy?hl=en.
You can also opt-out of Google Analytics here:

https://tools.google.com/dlpage/gaoptout.

5.2 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).
5.3 We use Facebook, Instagram & Google as our advertising partners
5.3.1 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
BING - https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads

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/.

6 Correction

6.1 We take reasonable steps to check that the Personal Information we collect is accurate, up-to-date and complete.
6.2 You have the right to request correction to any Personal Information that we hold, in accordance with Applicable Privacy Laws.
6.3 In circumstances where your Personal Information has changed, or you find the information to be inaccurate, please contact us to correct it. We will take reasonable steps to update and correct the information in accordance with Applicable Privacy Laws.

7 Retention

7.1 We only retain Personal Information for so long as it is necessary for the purposes for which the information can lawfully be used, including if we are required to obtain such Personal Information by applicable laws.
7.2 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 in accordance with an applicable right of erasure. For more information on your right of erasure, please see the ‘Your rights’ section below.

8 Your rights

8.1 You have the right to request access to the Personal Information we hold about you in accordance with Applicable Privacy Laws.
8.2 If you wish to request access to Personal Information, you should contact us on the below email address. Please note, we may need to verify your identity for this purpose.
8.3 If you are a resident of the EEA, you have the right to access the Personal Information we hold about you, to port it to a new service, and to ask that your Personal Information be corrected, updated, or erased. If you would like to exercise these rights, please contact us through the contact information below.
8.4 Your Personal Information will be initially processed in Ireland and then will be transferred outside of Europe for storage and further processing, including to Canada and the United States. For more information on how data transfers comply with the GDPR, see Shopify’s GDPR Whitepaper: https://help.shopify.com/en/manual/your-account/privacy/GDPR.

9 Storage

9.1 We or Reach are the intended recipient of your Personal Information.
9.2 We may provide your Personal Information to third parties contracted by us in order to perform data storage and data processing services on our behalf. We will take all reasonable steps to ensure that these third parties comply with our instructions and do not use your Personal Information for any other purpose.
9.3 We may store and access your Personal Information on servers and services both within New Zealand and overseas (including third party cloud-based services and storage) in a manner that complies with any data storage provisions under Applicable Privacy Laws.

10 Automatic decision-making

10.1 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.
10.2 We do not engage in fully automated decision-making that has a legal or otherwise significant effect using Personal Information.
10.3 Our processor Shopify uses limited automated decision-making to prevent fraud that does not have a legal or otherwise significant effect on you.
10.4 Services that include elements of automated decision-making include:
10.4.1 Temporary denylist of IP addresses associated with repeated failed transactions. This denylist persists for a small number of hours.
10.4.2 Temporary denylist of credit cards associated with denylisted IP addresses. This denylist persists for a small number of days.

11 Cookies

11.1 A cookie is a small amount of information that is downloaded to your computer or device when you visit our Site. We use several different cookies, including functional, performance, advertising, and social media or content cookies. Cookies make your browsing experience better by allowing the Site 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 Site, for instance whether it’s their first time visiting or if they are a frequent visitor.
11.2 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 Name Function

11.3 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.
11.4 You can control and manage cookies in various ways. If required by any Applicable Privacy Laws, we will ask for your consent when placing cookies on your device. Please keep in mind that removing or blocking cookies can negatively impact your user experience and parts of the Site may no longer be fully accessible.
11.5 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.
11.6 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 “Behavioural Advertising” section above.

12 Do Not Track

12.1 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.

13 Notifiable privacy breaches

13.1 If your Personal Information is involved in a privacy breach which we reasonably believe is notifiable / must be reported in accordance with Applicable Privacy Laws (“Notifiable Privacy Breach”), we will inform the affected individual(s) and report the Notifiable Privacy Breach to the relevant supervisory authorities as required by Applicable Privacy Laws (such as the New Zealand Office of the Privacy Commissioner, the Australian Office of the Australian Information Commissioner, the supervisory authority in the relevant European Union Member State, and the Attorney General in California, United States of America).

14 Changes

14.1 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.
14.2 Any changes will take effect immediately once they are posted here, so we encourage you to periodically review the latest information on privacy practices on the Site.

15 Contact

15.1 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 orders@jamiekay.co.nz or by mail using the details provided below:

Jamie Kay,
21 Commerce Crescent
Islington 8042,
New Zealand

15.2 Our privacy officer will investigate and respond to any complaints or concerns as soon as possible and in accordance with the timeframes and procedures set out in Applicable Privacy Laws. If you are not satisfied with our response to your complaint, you have the right to lodge your complaint with the relevant data protection authority / supervisory authority:
15.2.1 In New Zealand, the Office of the Privacy Commissioner.
15.2.2 In Australia, the Office of the Australian Information Commissioner.
15.2.3 In the European Union, the supervisory authority in the relevant Member State.
15.2.4 In California, United States of America, the Attorney General.