Privacy Policy

This Privacy Policy governs the collection, use, and disclosure of personal information by The Southerly Limited ( “we”, “us”, and “our”). In this Policy, any reference to “you” or “yours” refers to you.

This Policy applies if you:

    • Are one of our customers;
    • Purchase any of our products (together, Products); and/or
    • Visit our website at www.thesoutherly.co.nz, engage with any of our social media channels (Channels), or otherwise provide us with your personal information.

Your privacy rights

  • We must comply with our obligations under the Privacy Act 2020 and any other applicable privacy laws and regulations (Privacy Laws) when dealing with your personal information. Any personal information you provide to us will be stored, used and disclosed by us in accordance with this Privacy Policy.
  • If you have any questions regarding our Privacy Policy or wish to access or amend the personal information that we hold about you, please contact us at:

    The Southerly ​Limited
    Southern Cross Building
    61 High Street
    Auckland, 1010
    New Zealand

    Email: james@thesoutherly.co.nz

Acceptance of this privacy policy

  • You accept this Privacy Policy, and authorise the collection, use, disclosure, storage and retention of your personal information by us as described in this Privacy Policy when you access, browse, view, or use our website www.thesoutherly.co.nz (Site), purchase products on our Site, subscribe to any mailing lists, or otherwise provide us with any of your personal information.
  • We may amend and update this Privacy Policy from time to time by posting a revised version on our Site. Any amendments will be effective immediately from the date they are posted, unless any amendments are substantial, in which case we will provide you with 2 weeks notice by posting a notice of the intended change on our Website / emailing you.

Why do we collect personal Information?

  • We collect personal information in order to:
    • Market, manage and conduct our business;
    • Sell Products to you and process your transactions made through the Site;
    • Administer your account on the Site; and
    • Meet our legal obligations.
  • In the event of any inconsistency between this Privacy Policy and other policies or terms and conditions that may apply to your use of any of the Services, the terms of this Privacy Policy will prevail.

What kinds of personal information do we collect?

  • In general and depending upon the nature of your connection with us, the type of personal information we collect and hold includes (but is not limited to):
    • Your name, address and contact details (including postal and delivery address, email address, and phone number);
    • Product order information and history;
    • Demographic information you provide to us (including gender and/or birth date);
    • Records of our communication with you (including complaints, requests, or queries);
    • Payment information (including payment details, credit card details and billing information);
    • Any other personal information that may be required in order to facilitate your dealing with us and/or assist us in conducting our business, providing, selling and marketing our Products and meeting our legal obligations; and
    • Information we create in the course of our relationship with you, such as personal preferences and other details or evaluations of your interactions with us.
  • We may also collect personal information:
    • When you visit our Site and/or Channels (including your IP address, device type, and browser type);
    • From details of the site from which you accessed our Site; or
    • From third parties in some instances (for example, we may use third parties to analyse traffic at our Site and/or Channels, which may involve the use of cookies).
    Generally, this information is not personally identifiable data, but to the extent that it is considered personal information for the purposes of any applicable law or regulation, we will comply with our obligations under any such law or regulation when processing that information.
  • You are not required to provide us with your personal information. However, if you choose not to provide personal information to us on request, we may be unable to provide certain Products to you or it may affect the functionality of our Site.
  • Except as otherwise permitted by law, we will collect personal information from you directly when you provide your details to us, or from you indirectly (for example, through our website enquiry form).

How we use and disclose information that we collect about you

  • We use and disclose your personal information in accordance with your specific instructions or consent, or in accordance with this Privacy Policy, including for the following purposes:
    • To verify your identity and/or the accuracy of that information;
    • To provide you with our Products;
    • To promote and market our Products to you;
    • To facilitate your use of the Site and help provide a more personalised experience;
    • To communicate with you (for example, to provide customer support or to ask you for feedback about our Products);
    • To help provide a more tailored and personalised experience;
    • To research and help improve and enhance our Products;
    • To undertake administrative functions associated with the Products and our business;
    • Subject to you providing your consent (in accordance with the Unsolicited Electronic Messages Act 2007), sending you electronic messages to promote and market our goods;
    • To comply with any legal obligations.

Who we may disclose your personal information to

  • We may disclose your personal information to:
    • Our service providers that we have engaged to provide a service to us in relation to the Site or any Product that we have agreed to provide you. For example, companies that we engage to package our products, courier, delivery and freight companies we engage to deliver our products;
    • Our appointed payment provider to process your payments for purchases;
    • Customs, excise and regulatory authorities;
    • Potential investors and/or purchasers of our business;
    • Our professional advisors, including accountants, insurers, and lawyers;
    • Third parties who we may partner with in relation to special events, promotions, or competitions;
    • Courts, tribunals, and regulatory authorities;
    • Any other person or organisation that you have authorised us to disclose your information to; and/or
    • Any other third party where such disclosure is permitted or required under the Privacy Act 2020 and/or any other applicable law.

Access, correction and retention of your personal information

  • You agree that any information you give to us will be accurate, correct and up to date, and that when acting on behalf of a business or another person, you are authorised to give such information to us.
  • You must inform us if any of your personal information changes, to ensure that the details we hold about you are up to date and correct.
  • Subject to the exceptions in Privacy Laws, you are entitled to access the personal information we hold about you.
  • Subject to the exceptions in Privacy Laws, you are entitled to request the correction of any personal information of yours we hold.
  • Where we no longer required your personal information, we will comply with our legal obligations in respect of that information.

Security of information

We take reasonable steps to protect the security of personal information. We do not make any warranties in relation to the security of any information you disclose or transmit to us, and we are not responsible for the theft, destruction, or inadvertent disclosure of your personal information where our security measures have been breached.

Links to other sites

Our Site may have links or references to other websites from our Site and our Privacy Policy does not apply to those websites. We take no responsibility for the privacy practices of other websites.

Electronic communications

We may use personal information collected from you to promote and market our products. We will not do this by email or text (unless that communication facilitates, completes, or confirms a transaction with you) unless we have your express consent to do so. Any messages of this nature will include an ‘unsubscribe’ facility. If you do not wish to receive messages from us, you can update your records on our website, or email us at hello@thesoutherly.co.nz.

Transfer of personal information outside New Zealand

  • We will generally store your personal information in New Zealand and/or use secure third-party cloud providers to store information on our behalf. However, certain personal information may be transferred and/or stored outside of New Zealand by our third party service providers, such as Shopify.
  • Where personal information is disclosed to third parties outside New Zealand and that personal information will be used for their own purposes, we will ensure that such third party is subject to privacy laws that provide comparable safeguards to New Zealand’s privacy laws. Where it is not possible to ensure that comparable safeguards are in place, we will let you know and gain your express consent prior to disclosing your personal information.

Cookies

  • Like many other websites on the internet, we use cookies and other third-party web tracking and analytic tools to collect and track information about you when you are on our Site for the purposes of:
    • Providing more customised content and material to you on our Site;
    • Improving our Site and your customer experience;
    • Conducting business and marketing analysis; and
    • Undertaking behavioural targeting advertising through our third party partners, such as Google and Facebook.
  • If you do not wish to allow cookies you may change your browser settings to disable cookies. However, if you disable cookies some parts of our Site may not function properly.

Updates to this Policy

This Policy will be reviewed from time to time to take account of new laws and technology, changes to our operations and practices and the changing business environment. The most current version of this Policy is located at www.thesoutherly.co.nz/privacypolicy and can be obtained by contacting our Privacy Officer on james@thesoutherly.co.nz.
Last updated: November 2024