This is legalise speak. So be prepared, it's never fun...

Don't want to read it all but have a question? Get in touch at privacy@bluntumbrellas.com

 

Application of Terms

    1. 1.1
      1. These Terms apply to your use of the Website and to any order for, or purchase of, Products you make via the Website. By accessing and using the Website, or ordering or purchasing Products via the Website:    
    2.         a. you gree to these Terms; and
      1.         b. where your access and use is on ehalf of, or you order or purchase Products on behalf of, another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on               that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.
      2. 1.2
    3. If you do not agree to these Terms, you are not authorised to access and use the Website, or to order, purchase (or attempt to order or purchase) Products from us via the Website, and you must immediately stop doing so.
  1. 1.3
    1. These Terms do not apply to any purchase of any of our products you make via a third party, including any of our distributors located outside New Zealand. Our distributors are independent businesses. We suggest that you review the website terms of the relevant distributor before you acess and use that website or purchase products through that website. Our distributors’ websites include any subsite of www.bluntumbrellas.com (other than the /nz subsite) and any bluntumbrellas website with a top level domain other than .nz.
  2.  
  3. CHANGES
    1. We may change these Terms at any time by updating them on the Website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Website, or ordering or purchasing Products from us via the Website, you agree to be bound by the changed Terms.
    2. We may change, suspend, discontinue, or restrict access to, the Website without notice or liability.
    3. These Terms were last updated on 24/05/2018

Definitions

  1. DEFINITIONS

In these Terms:

Account ID means your email address and password combination that allows you to access certain parts of the Website

GST means goods and services tax, value added tax, sales tax or equivalent tax payable under any applicable law

including and similar words do not imply any limit

Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis

personal information means information about an identifiable, living person

Product means any product advertised or purchased through the Website

Terms means these terms and conditions titled Website Terms of Use and Terms of Sale

Third Party Charges means any fees charged by third parties in relation to your transaction, including any taxes, duties or other liabilities imposed by any governmental agency (including any customs duty), credit card transaction fees and foreign currency conversion fees

Underlying System means any network, system, software, data or material that underlies or is connected to the Website

We, us or our means Madeblunt Limited, New Zealand company, company number 1750232

Website means www.bluntumbrellas.co.nz and www.bluntumbrellas.com/nz

You means you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting

Your general obligations

    1. 4. YOUR GENERAL OBLIGATIONS
    2.  
    3. 4.1
    4. You must provide true, current and complete information in your dealings with us (including when setting up an account), and must promptly update that information as required so that the information remains true, current and complete.
    5.  
  1. 4.2
    1. If you are given an Account ID, you must keep your Account ID secure and:
    2.  
      1.     a. not permit ny other person to use your Account ID, including not disclosing or providing it to any other person; and
      2.     b. immediately notify us if you ecome aware of any unauthorised use or disclosure of your Account ID, by sending an email to privacy@bluntumbrellas.com
    3.  
    4.  
    5. 4.3
    6. You must:
      1.     a. not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the             Website or any Underlying System, or otherwise attempt to damage or interfere with the Website or any Underlying System; and
      2.  
      3.     b. unless with our agreement, access the Wesite via standard web browsers only and not by any other method. &nsp;Other methods include scraping, deep-linking, harvesting, data mining, use of a root or             spider, automation, or any similar data gathering, extraction or monitoring method.
    7.  
    8. 4.4
    9. You must obtain our written permission to establish a link to our Website. If you wish to do so, email your request to info@bluntumbrellas.com
    10.  
    1. 4.5
    2. To the maximum extent permitted under applicable law, you indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our Website by using your User ID.

Orders

Orders

5.1 When you place an order for Products via the Website:

      1. a. you confirm that:
        1.   1. you are aged 18 years or over;
        2.   2. you are legally entitled to purchase those Products;
        3.   3. you are located in New Zealand
        4.   4. you are bound by these Terms in relation to that order, subject to our acceptance of that order;
        5.  
        6. b. you re making an offer to buy the Products, and we are not bound by that order until we have accepted it;
            1. c.our cceptance of your order occurs when we issue you an email confirming receipt of your order; and
                1. d.you my not cancel or alter any order that we have accepted, in whole or in part, without our prior written consent.
                2.  
            2.  
              1. 5.2 We reserve the right to accept or reject your order in whole or in part, or to cancel any order that we have accepted in whole or in part at any time prior to shipment of the Products, for any reason including, without limitation, the unavailability of any Products, an error in the price or the description of Products on the Website, an error in your order, or us not receiving payment in full. Where we cancel an order in whole or in part after we have accepted it, we will notify you of the cancellation by email and will refund your payment in accordance with clause 7.3a but will have no other obligations to you in respect of the order (or the cancelled part of the order, as applicable).

Delivery

    1. DELIVERY
    2.  
    3. 6.1 Any time stated for delivery is an estimate only. We are not liable to you or any other person for any failure to meet a stated time for delivery and any such failure does not affect your obligation to pay for the Products.
    4. 6.2 If you request us to deliver the Products to another person, or if a person other than you takes possession of the Products at your requested delivery address, that person takes possession of the Products as your agent and you remain fully liable to us under these Terms despite delivery to that other person.
    5. 6.3 Risk in the Products passes to you when we deliver the Products to your designated delivery address in accordance with these Terms (whether or not you take delivery). If the Products are lost or damaged in transit, please contact us at info@bluntumbrellas.com. We will use this delivery information to make a claim against our shipping company. We will offer you the choice of a replacement or a refund, once we have received confirmation from our shipping company that delivery was not successful.
    6. 6.4 Subject to our receipt in full of your payment for the Products, title in the Products passes to you on delivery.

Prices and Payment

How to control and delete cookies through your browser

The browser you are using to view the website can enable, disable or delete cookies. To do this, please follow the instructions provided for your browser.

Please note that if you set your browser to disable cookies, you may not be able to access certain parts of the website. Other parts of the website may also not work properly. You can find out more information about how to change your browser cookie settings at http://www.aboutcookies.org.uk/ or https://cookiesandyou.com/

Third Party Website Cookies

Third party website cookies

Other websites, including those of our global distributors, may use different cookies from those we use. You acknowledge and agree that we are not responsible for any third party websites or applications and you access third party websites and applications at your own risk. Please understand other websites and applications are independent from us so you must inform yourself of their separate cookie policies. Our distributors’ websites include any subsite of www.bluntumbrellas.com (other than the /nz subsite) and any bluntumbrellas website with a top level domain other than .nz.

Cookies we use at the date of this policy

Type of Cookie
Who serves these cookies
Madeblunt

Strictly necessary cookies

Madeblunt

Okendo

Because these cookies are strictly necessary to deliver the website to you, you cannot refuse them. You can block or delete them by changing your browser settings however, as described under the above heading “how to control and delete cookies through your browser?”

Performance cookies

Shopify

Google Analytics

Inspectlet

To refuse these cookies, please follow the instructions under the above heading “how to control and delete cookies through your browser?”

(inspectlet privacy policy) https://bit.ly/2GMs1EG

Functionality cookies

Shopify

Okendo

To refuse these cookies, please follow the instructions under the above heading “how to control and delete cookies through your browser?”

Tailored content cookies

Google Analytics

To refuse these cookies, please follow the instructions under the above heading “how to control and delete cookies through your browser?”

Further information:

Information about Google’s cookies is available from: https://policies.google.com/technologies/types . Google’s applicable privacy policy for Google Analytics cookies is available at: https://policies.google.com/technologies/partner-sites.

Targeting cookies

Facebook Pixels

DoubleClick (Google)

SnapChat Pixel

Rubicon Pixel

To refuse these cookies, please follow the instructions under the above heading “how to control and delete cookies through your browser?”

To turn off personalised google ads;

https://support.google.com/ads/answer/2662922?hl=en

And how to turn off/opt of most ad services (most we don’t use);

http://optout.networkadvertising.org/?c=1#!/

Privacy policy

INTRODUCTION

Madeblunt Limited, trading as Blunt, ( we , us , our ) is a New Zealand company and complies with the New Zealand Privacy Act 1993 ( NZ Privacy   Act ) and other applicable privacy and data protection laws when dealing with personal information.  Personal information is information about an identifiable individual (a natural person).

This policy sets out how we will collect, use, disclose and protect your personal information when you access and use our websites ( www.bluntumbrellas.co.nz  and www.bluntumbrellas.com/nz ), purchase products from us or have other dealings with us.  This privacy policy should be read in conjunction with our cookies policy .

If you are based in the European Union and use our websites or have other dealings with us, the additional GDPR terms set out below ( GDPR Terms ) apply to you.

This policy does not limit or exclude any of your rights under the NZ Privacy Act and other applicable laws.  If you wish to seek further information on the NZ Privacy Act, see www.privacy.org.nz .

CHANGES TO THIS POLICY

We may change this policy by uploading a revised policy onto the website.  The change will apply from the date that we upload the revised policy.  

This policy was last updated on 24/05/2018


WHAT PERSONAL INFORMATION DO WE COLLECT AND HOW WE COLLECT IT

When you visit our websites, purchase products from us or have other dealings with us we collect the following information:  

  1. Personal information that you provide directly to us, including:
  1. when you place an order for products available on the website, your name, email address, delivery address, your phone number and your credit card and other information you submit to us for billing purposes [a]
  2. if you sign up for an account on the website, your [ name and email address [b] ]
  3. if you sign up for our newsletter or other notifications, your [ name and email address [c] ]
  4. any information contained in your correspondence with us, for example, when you send us an email, phone us or submit an enquiry through the website, including your name, email, country of residence and phone number
  5. if you provide feedback, including submitting any feedback to the website or in response to an email, any information contained in your in your feedback
  6. information about your transactions with us
  7. any other information provided by you in the course of your dealings with us.
  1. ‘Clickstream’ information that is recorded when you click anywhere in a webpage, such as your IP address, geographical location, operating system and browser type.  
  2. Third parties where you have authorised this, [ including when you click to purchase products on our websites via Facebook [d] ],  or the information is publicly available.  
  3. Information collected through our use of cookies or similar technologies.  Please refer to our cookies policy  for further information, including information on how you can disable these technologies.

[ You may be asked to provide billing information in relation to this website when purchasing our products, including your billing address and credit card information.  We use ShopifyPayments to process credit card transactions.  We do not have access to your credit card information.  You can view [insert payment provider’s] privacy policy at: [insert] ] [e] .


HOW WE USE YOUR PERSONAL INFORMATION

  1. We will use your personal information provided directly by you:
  1. to verify your identity
  2. to provide our websites and products to you
  3. to market our products to you, including by contacting you electronically (e.g. by text or email for this purpose).  You can stop receiving our promotional emails by following the unsubscribe instructions included in those emails
  4. to improve our websites and products that we provide to you
  5. [ to bill you and to collect money that you owe us, including authorising and processing credit card transactions ]
  6. to respond to communications from you.
  1. [ We use information generated by your access or use of our websites :
  1. to monitor the performance of the website to ensure that it performs in the best manner possible
  2. for security and system integrity purposes [f] ]
  3. to tailor content or advertisements to you.  For further information, please refer to our cookies policy .
  4. to follow up with product delivery, and product satisfaction.
  1. We combine information we collect (aggregate) or remove personally identifiable information (anonymise) to conduct research and statistical analysis.  This privacy policy does not apply to our use of such aggregated or anonymous information.  
  2. We may also use your personal information:
  1. to protect and/or enforce our legal rights and interests, including defending any claim
  2. for any other purpose authorised by you, the Act or other applicable law
  3. to respond to lawful requests by public authorities, including to meet law enforcement requirements
  4. to transfer your information in the case of a sale, merger, consolidation, liquidation, reorganisation or acquisition.


DISCLOSING YOUR PERSONAL INFORMATION

  1. We may disclose your personal information to:
  1. another company within our group
  2. our global distributors
  3. any business that supports our websites and sales of our products, including any person that hosts or maintains any underlying IT system or data centre that we use to provide the website or our products or that we use to process payments or fulfil orders.  The third parties that supports our websites or sales of our products include:
  • [ MailChimp – a cloud based communications provider that we use to store email addresses and to send emails  
  • Shopify – an e-commerce platform we use to provide the shopping functions on our websites
  • Google Analytics – a web analytics service provider that we use to track and report website traffic (on an aggregated and anonymous basis)
  • Okendo – a customer insights product we use to capture feedback relating to our products. ]   [g]
  • Facebook
  1. our professional advisers e.g accountants, lawyers, auditors
  2. any other person authorised by you
  3. a person who can require us to supply your personal information (e.g. a regulatory authority)
  4. any other person authorised by the NZ Privacy Act or other applicable law (e.g. a law enforcement agency)
  5. any other company in the case of a sale, merger, consolidation, liquidation, reorganisation or acquisition.
  1. We may also disclose research and statistical analysis on an anonymised basis derived from your personal information to third parties.
  2. We share information about your use of our websites with our trusted social media, analytics and advertising partners through the use of cookies, web beacons and similar storage technologies.  Please refer to our cookies policy  for further information.

PROTECTING YOUR PERSONAL INFORMATION

A business that supports our websites or the sale of our products to you may be located outside New Zealand.  This may mean your personal information is held and processed outside New Zealand.  Please see the GDPR Terms for further information about personal data transfers from the European Economic Area.

PROTECTING YOUR PERSONAL INFORMATION

We will take reasonable steps to keep your personal information safe from loss, unauthorised activity, or other misuse.  We implement appropriate technical and organisational measures to ensure a level of security appropriate to risks inherent in processing personal information.

You can play an important role in keeping your personal information secure by maintaining the confidentiality of any password and accounts used in relation to our websites.  Please do not disclose your password to third parties.  Please notify us immediately if there is any unauthorised use of your account or any other breach of security.

ACCESSING AND CORRECTING YOUR PERSONAL INFORMATION

Subject to certain grounds for refusal set out in the NZ Privacy Act or other applicable law, you have the right to access your readily retrievable personal information that we hold and to request a correction to your personal information.  Before you exercise this right, we will need evidence to confirm that you are the individual to whom the personal information relates.

In respect of a request for correction, if we think the correction is reasonable and we are reasonably able to change the personal information, we will make the correction.  If we do not make the correction, we will take reasonable steps to note on the personal information that you requested the correction.

If you want to exercise either of the above rights, email us at privacy@bluntumbrellas.com .  Your email should provide evidence of who you are and set out the details of your request (e.g. the personal information, or the correction, that you are requesting).

INTERNET USE

While we take reasonable steps to maintain secure internet connections, if you provide us with personal information over the internet, the provision of that information is at your own risk.

If you follow a link on our websites to another site, the owner of that website will have its own privacy policy relating to your personal information.  This includes the websites or subsites of each of our global distributors.  We suggest you review that website’s privacy policy before you provide personal information.

CONTACT US

If you have any questions about this privacy policy, our privacy practices, or if you would like to request access to, or correction of, your personal information, you can contact us here: privacy@bluntumbrellas.com

Blunt privacy policy – GDPR terms

If you are based in the European Union ( EU ) and access and use our websites, [ purchase products from us [h] ] or have other dealings with us, these additional terms ( GDPR Terms ) form part of our privacy policy.

The General Data Protection Regulation ( GDPR ) regulates the collection, processing and transfer of EU individuals’ personal data (as defined in the GDPR).  The personal information described in our privacy policy is personal data under the GDPR.  We are committed to complying with the GDPR when dealing with personal data of our website visitors based in the EU.

For the purposes of the GDPR, we are the data controller (as defined in the GDPR)   when processing personal data collected by us through our websites, when you purchase products from us or when you have other dealings with us.

These GDPR Terms was drafted with brevity and clarity in mind.  It does not provide exhaustive detail of all aspects of our collection and use of personal data.  However, we are happy to provide any additional information or explanation needed.  Any requests for further information should be sent to privacy@bluntumbrellas.com

PROCESSESING PERSONAL DATA

The personal data we may process consists of the personal information described in our privacy policy.  This personal data may be processed for the purposes outlined in our privacy policy.  

The legal basis for our processing of personal data depends on the type of personal data and the specific context in which we collect it.  However, we normally process personal data only where (a) we have your consent to do so, (b) we need to process personal data to perform a contract with you (e.g. to provide our products to you), or (c) the processing is necessary for the purposes of our legitimate interests (except where such interests would be overridden by your fundamental rights and freedoms which require the protection of personal data).

Despite the above, we may process any of your personal data where such processing is necessary for compliance with applicable laws.

You do not have to provide us with some personal data that is automatically collected when you use our websites e.g. cookies.  However, you will be required to provide us with your name, email address, phone number or postal address when you purchase products from us.  The consequence of not providing this personal data is that we will not be able to fulfil your orders for products.  You will be required to provide us with your name and email  if you want to set you up an account on our websites or receive our newsletter.

YOUR RIGHTS

Your rights in relation to your personal data under the GDPR include:

  • right of access  - if you ask us, we will confirm whether we are processing your personal data and provide you with a copy of that personal data
  • right to rectification  - if the personal data we hold about you is inaccurate or incomplete, you have the right to have it rectified or completed.  We will take every reasonable step to ensure personal data which is inaccurate is rectified.  If we have shared your personal data with any third parties, we will tell them about the rectification where possible
  • right to erasure  - we delete your personal data when it is no longer needed for the purposes for which you provided it.  You may request that we delete your personal data and we will do so if deletion does not contravene any applicable laws.  If we have shared your personal data with any third parties, we will take reasonable steps to inform those third parties to delete such personal data
  • right to withdraw consent  - if the basis of our processing of your personal data is consent, you can withdraw that consent at any time
  • right to restrict processing  - you may request that we restrict or block the processing of your personal data in certain circumstances.  If we have shared your personal data with third parties, we will tell them about this request where possible
  • right to object to processing  - you may request that we stop processing your personal data at any time and we will do so to the extent required by the GDPR
  • right to data portability  - you may obtain your personal data from us that you have consented to give us or that is necessary to perform a contract with you.  We will provide this personal data in a commonly used, machine-readable and interoperable format to enable data portability to another data controller.  Where technically feasible, and at your request, we will transmit your personal data directly to another data controller
  • rights related to autonomous decision making, including profiling –  you have a right to not be subject to a decision based solely on automated processing including processing, which produces legal effects concerning you or similarly significantly affects you, except where such automated decision making is necessary for entering into, or the performance of, a contract with you, is authorised by applicable laws or is based on your explicit consent
  • the right to complain to a supervisory authority  - you can report any concerns you have about our privacy practices to the relevant data protection supervisory authority

Where personal data is processed for the purposes of direct marketing, you have the right to object to such processing, including profiling related to direct marketing.

If you would like to exercise any of your above rights, please contact us at privacy@bluntumbrellas.com .  If you are not satisfied by the way we deal with your query, you may refer your query to your local data protection supervisory authority e.g. in the United Kingdom, this is the Information Commissioner’s Office.

CHILDREN

We do not intend to collect personal data from children aged under 16.  If you have reason to believe that a child under the age of 16 has provided personal data to us through our websites and through other dealings with us, please contact our data protection officer.

INTERNATIONAL TRANSFER OF DATA

The personal data we collect through our websites or when you purchase products from us or have other dealings with us may be transferred to, and stored in, a country operating outside the European Economic Area ( EEA ).  Under the GDPR, the transfer of personal data to a country outside the EEA may take place where the European Commission has decided that the country ensures an adequate level of protection.  

In the absence of an adequacy decision, we may transfer personal data provided appropriate safeguards are in place.

Some of the personal data we collect is processed in New Zealand (where our operations are located).  New Zealand is recognised by the European Commission as a country that ensures an adequate level of data protection and we rely on this decision in transferring personal data from the EEA to New Zealand.

Transfers to our global distributors

As noted in our privacy policy, if you access and use our websites, purchase products from us or have other dealings with us, we may transfer personal data outside the EEA to our third party global distributors.  Such transfers may be subject to an adequacy decision under Article 45, depending on the location of the distributor.  If the distributor is not located in a country subject to an adequacy decision, transfers of personal data will be subject to adequate safeguards under Article 46 of the GDPR, namely, we have entered into Standard Contractual Clauses as published by the European Commission with our distributors.  The Standard Contractual Clauses provide specific guarantees around transfers of personal data and we rely on the Standard Contractual Clauses in transferring personal data to our distributors located in countries without an adequacy decision.


Transfers to other third party processors

The personal data we collect is also processed by the third party processors set out below.

For personal data processed in the United Sates, the European Commission has determined that the United States ensures an adequate level of protection for personal data transferred from the EU to organisations in the United States under the EU-U.S. Privacy Shield.  We have verified that our United States-based data processors have self-certified under the EU-US Privacy Shield framework.  

For data held outside the EEA or the United States, we have entered into Standard Contractual Clauses as published by the European Commission with our third party processors.  

List of third party processors as at 24 May 2018:

Third party processor

Purpose

Location of processor

Policy pages

Google, Inc.

Analytics

USA

https://policies.google.com/privacy?hl=en&gl=nz

MailChimp

Email service provider

USA

https://mailchimp.com/legal/privacy/  

Shopify

E-commerce platform

USA

https://www.shopify.com/legal/privacy  

Okendo

Customer management

USA

https://www.okendo.io/privacy-policy/  

DATA RETENTION POLICY

Personal data that we collect and process will not be kept longer than necessary for the purposes for which it is collected, or for the duration required for compliance with applicable law, whichever is longer.

CONTACTING US

You can contact us as set out in our privacy policy.

privacy@bluntumbrellas.com

SSLI-1384673522-7\1.0

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Gizmodo