Policies, Terms & Conditions

Privacy Policy

Last updated: 30 March 2017

  1. INFORMATION ABOUT US

    1. The websites www.mightyape.co.nz and www.mightyape.com.au (“Our Website”) are sites operated by Mighty Ape Limited (“We” or “Us”). We are a limited liability company registered in New Zealand under company number 966002 and Australia ABN number 92163144250.
    2. We are located in New Zealand but ship orders both domestically within New Zealand, and internationally including Australia.
  2. PRIVACY POLICY APPLICATION

    1. This Privacy Policy, together with our General Terms and Conditions of Use and any other documents forming part of our Terms and Conditions (as described in our General Terms and Conditions of Use) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By visiting our Website you are accepting and consenting to the practices described in this Privacy Policy.
    2. By using our Website or any services we provide, you agree to be bound by this Privacy Policy (as amended from time to time).
  3. INFORMATION WE MAY COLLECT FROM YOU

    1. We understand that you care about how information about you is used and shared and we appreciate your trust in us to do that carefully and sensibly. We are committed to protecting and respecting your privacy.
    2. We may collect and process the following data about you:
      1. Information you give us. You may give us information about you by filling in forms on our website or by corresponding with us by phone, e-mail, chat, via surveys or otherwise. This includes information you provide when you register to use our site, subscribe to any of our services, search for a product or service, place an order or enter into any financial transactions through our site, participate in discussion boards or other social media functions on our site, enter a competition, promotion or survey, and when you report a problem with our site. The information you give us may include your name, address, e-mail address and phone number, financial and credit card information, personal description and photograph.
      2. Information we collect about you. With regard to each of your visits to our site we may automatically collect the following information:
        1. Technical information, including the Internet Protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
        2. Information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time details); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, traffic data, location data and any other communications data, and any phone number used to call our customer service number.
      3. Information we receive from other sources. We may receive information about you from publicly and commercially available sources (as permitted by law), or if you use any of the other websites we operate or the other services we provide, and we may combine that information with other information we receive from or about you. We may also receive information about you from third-party social networking services when you choose to connect with those services. We are also working closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive information about you from them.
  4. COOKIES AND SIMILAR TECHNOLOGIES

    1. Our website uses cookies and similar technologies to assist us with providing you with an optimal experience and also to help improve and secure our site (and your information). For detailed information on the cookies and similar technologies we use and the purposes for which we use them see our Cookies Policy.
  5. USES MADE OF THE INFORMATION

    1. We use information held about you in the following ways:
      1. Information you give to us. We will use this information:
        1. To carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;
        2. To provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about;
        3. To provide you, or permit selected third parties to provide you, with information about goods or services we feel may be of interest to you.
        4. To notify you about changes to our service; and/or
        5. To ensure that content from our site is presented in the most effective manner for you and for your computer.
      2. Information we collect about you. We will use this information:
        1. to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
        2. to improve our site to ensure that our content is presented in the most effective manner for you and for your computer;
        3. to allow you to participate in interactive features of our service, when you choose to do so;
        4. as part of our efforts to keep our site safe and secure;
        5. to make suggestions and recommendations to you and other users of our site about goods or services that may interest you or them.
      3. Information we receive from other sources. We may combine this information with information you give to us and information we collect about you. We may use this information and the combined information for the purposes set out above (depending on the types of information we receive).
  6. DISCLOSURE OF YOUR INFORMATION

    1. We may share your personal information with any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in the Companies Act 1993.
    2. We may share your information with selected third parties including:
      1. Our credit card and debit card payment processing agents. We know how important it is to protect the security of your credit and debit card information. For that reason, we have contracted leading payment services agents to store those details securely. When you provide us with your card details, and if you instruct us to save your card details for future transactions, we retain only part of those card details, before sending them to our payment services agent using the Secure Sockets Layer (SSL) protocol, which encrypts the card details while they are transmitted. Our payment services agents will then securely store your card details in accordance with their own security protocols, and electronically confirm to us each time that you wish to make a transaction if your existing card details held by them are still valid. Sharing your card details in this manner helps us ensure that your card details are securely stored at all times and that once transmitted we do not hold your card details.
      2. Business partners, suppliers and subcontractors who we engage to perform functions on our behalf. They will have access to your personal information as necessary to perform their functions, but may not use it for other purposes. They must also process the personal information in accordance with our Privacy Policy and as permitted by applicable data protection laws;
      3. Advertisers and advertising networks that require the data to select and serve relevant adverts to you and others. We do not disclose information about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users. We may also use such aggregate information to help advertisers reach their target audience. We may make use of the personal data we have collected from you to enable us to comply with our advertisers' wishes by displaying their advertisement to that target audience;
      4. Analytics and search engine providers that assist us in the improvement and optimisation of our site; and
      5. Credit reference agencies for the purpose of assessing your credit score where this is a condition of us entering into a contract with you.
    3. We may disclose your personal information to third parties:
      1. In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
      2. If we or substantially all of our assets are acquired by a third party, in which case personal data held by us about our customers will be one of the transferred assets (but will continue to be subject at all times to any pre-existing commitments to you regarding privacy).
      3. If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our Terms and Conditions; or to protect the rights, property, or safety of us, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
  7. WHERE WE STORE YOUR PERSONAL DATA AND HOW WE PROTECT IT

    1. The data that we collect from you may be transferred to, and stored at, a destination outside New Zealand. It may also be processed by staff operating outside New Zealand who work for us or for one of our suppliers. Such staff maybe engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this 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.
    2. All information you provide to us is encrypted using Transport Layer Security (TLS) before being stored on our secure servers. Our servers may be located in New Zealand or elsewhere, and may be operated by us or our contractors but regardless will only be accessible by those authorized with special access rights to such systems, and under strict obligations requiring them to keep your information confidential.
    3. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone and that you do not use the same password on a different website or application.
    4. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
  8. YOUR RIGHTS

    1. You can always choose not to provide us with any information, or to disable Cookies (as discussed in our Cookies Policy), though this may affect your ability to access or use our Website or any particular features of it, and we may not be able to process transactions with you.
    2. Our Website may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
  9. ACCESS TO INFORMATION

    1. The Privacy Act (“Act”) gives you the right to access information held about you by us. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of $50 to meet our costs in providing you with details of the information we hold about you and we will make best efforts to complete within 5 working days.
  10. CHANGES TO OUR PRIVACY POLICY

    1. Our Privacy Policy (and other Terms and Conditions) will change from time to time. Any changes we may make to our Privacy Policy in the future will be posted on this page. You should check back frequently to see any updates or changes to our Privacy Policy as they will take effect from the date posted on our Website. We stand by our promises regarding your information however, and will not materially change our policies and practices to make them less protective of your information which we have already collected in the past without your consent.
  11. HOW WE RESPOND TO ‘DO NOT TRACK’ SIGNALS

    1. As noted in our Cookies Policy, you can change settings on your device or browser to disable the use of Cookies and the other similar technologies we use.
    2. If we receive a “Do not Track” Signal from you, we will cease to use all cookies other than “strictly necessary cookies” which apply to any features of our website or Services we offer. You will then be advised whether any feature of our website which you attempt to use or access will not correctly operate without additional tracking or cookies being enabled for any reason.
  12. COLLECTION OF INFORMATION FROM CHILDREN

    1. Our website, products and services are all directed to people who are at least 18 years old or older. If you are under 18 years of age, you may only use our Website with the involvement of a parent or guardian.
  13. CONTACT

    1. Questions, comments and requests regarding this Privacy Policy are welcomed and should be addressed to help@mightyape.com.au