Here follows a rather lengthy policy. Rest assured my intention is to collect information from you only if you contact me with a query, or if you make a purchase, and then only enough information to make possible that purchase.
Now for the legalese ...
Now for the legalese ...
Privacy Policy and Terms of Use
for the Colour Happy website owned by Adele White
Last Updated: 02 August 2018
This Privacy Policy (“Privacy Policy”) describes how I collect, use and share information when you purchase an item from me, contact me, or otherwise use my services through the website www.colourhappy.co.nz or its related sites and services, and what is done to protect that information.
This Privacy Policy does not apply to the practices of third parties that I do not own or control, including Weebly, PayPal, Kontactr or any third party services you access through my website.
For purposes of this Policy, the following definitions apply:
i) “Business” and the terms “I,” “me,” and “my” refer to Adele white, sole trader and owner of the website www.colourhappy.co.nz
ii) “Service” refers to the Business’s service which can be accessed via the website www.colourhappy.co.nz or through its mobile application.
iii) “You” refers to you, as a user of Service.
iv) “Weebly” refers to Weebly, Inc. which hosts my Service and provides me with the online e-commerce platform that allows me to provide the Service to you.
1. CONSENT
By accessing my Service, you accept my Privacy Policy and Terms of Use, and you consent to my collection, storage, use and disclosure of your personal information as described in this Privacy Policy. In addition, by using my Service, or services across partnered and unaffiliated sites, you are accepting the policies and practices described in this Privacy Policy. Each time you visit my website, or use the Service, and any time you voluntarily provide me with information, you agree that you are consenting to my collection, use and disclosure of the information that you provide, and you are consenting to receive emails or otherwise be contacted, as described in this Privacy Policy. Whether or not you register or create any kind of account with me, this Privacy Policy applies to all users of the website and the Service.
2. INFORMATION COLLECTED
I may collect both “Personal Information” and “Non-Personal Information” about you.
“Personal Information” includes information that can be used to personally identify you, such as your name, postal address, email address and details of the product that you are ordering. This information is required by me to fulfil your order, to settle disputes or provide customer support. You may also choose to provide me with additional personal information (for a custom order, for example), if you contact me directly.
“Non-Personal Information” includes information that cannot be used to personally identify you, such as anonymous usage data, general demographic information, referring/exit pages and URLs, platform types, preferences you submit and preferences that are generated based on the data you submit and number of clicks.
In addition, via Weebly, I may also track information provided by your browser or by my mobile application when you view or use the Service, such as the website you came from (known as the “referring URL”), the type of browser you use, the device from which you connected to the Service, the time and date of access, and other information that does not personally identify you. This information is used for, among other things, the operation of the Service, to maintain the quality of the Service, to provide general statistics regarding use of the Service and for other business purposes. This information is tracked using cookies, or small text files which include an anonymous unique identifier. Cookies are sent to a user’s browser from Weebly’s servers and are stored on the user’s computer hard drive. Sending a cookie to a user’s browser enables Weebly to collect Non-Personal Information about that user and keep a record of the user’s preferences when utilising my services, both on an individual and aggregate basis. Both persistent and session cookies may be used; persistent cookies remain on your computer after you close your session and until you delete them, while session cookies expire when you close your browser. Persistent cookies can be removed by following your Internet browser help file directions. If you choose to disable cookies, some areas of the Service may not work properly.
3. HOW I USE AND SHARE INFORMATION
Personal Information:
At this point in time, I do not send out newsletters to a mailing list. If I did so in the future, I would need your personal information for that. If you consented to receive the emails, you would be able to revoke your consent at any time.
In general, I do not sell, trade, rent or otherwise share your Personal Information with third parties without your consent. I may share your Personal Information with vendors and other third-party providers who are performing services for the Business. In general, the vendors and third-party providers used by me will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide for the Business. For example, when you provide me with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery, or return a purchase, you consent to me collecting and using such personal information for that specific purpose, including by transmitting such information to my vendors (and their service providers) performing these services for the Business.
However, certain third-party service providers, such as payment processors, have their own privacy policies in respect of the information that I am required to provide to them in order to use their services. For these third-party service providers, I recommend that you read their privacy policies so that you can understand the manner in which your Personal Information will be handled by such providers.
Transfers of Personal Information Outside the EU: I store and process your information through a third-party hosting service in the US, namely Weebly. As a result, your personal information is transferred to a jurisdiction with different data protection and government surveillance laws than your jurisdiction. Please refer to the information about Weebly, in clause 6 below.
When you purchase a product, I use the payment processor PayPal. Here is the link to PayPal’s Privacy Policy: www.paypal.com/nz/webapps/mpp/ua/privacy-full
I use the services of Kontactr for my contact form (the form you use to send me a query). Here is the link to Kontactr’s Privacy Policy: kontactr.com/help/privacy
In addition, I may disclose your Personal Information if required to do so by law (for example tax law with regard to what I have invoiced you), or if you violate my Terms of Use.
For New Zealand tax purposes I am required to retain invoices (which will show your personal information) for a period of seven years.
Non-Personal Information:
In general, Non-Personal Information is used to help improve the Service and customise the user experience. Non-Personal Information is also aggregated in order to track trends and analyse use patterns of the Service. This Privacy Policy does not limit in any way the use or disclosure of Non-Personal Information and I reserve the right to use and disclose such Non-Personal Information to my partners, advertisers and other third parties at my sole discretion.
4. HOW I PROTECT INFORMATION
I and Weebly implement reasonable precautions and follow industry best practices in order to protect your Personal Information and ensure that such Personal Information is not accessed, disclosed, altered or destroyed. However, these measures do not guarantee that your information will not be accessed, disclosed, altered or destroyed by breach of such precautions. By using my Service, you acknowledge that you understand and agree to assume these risks.
5. YOUR RIGHTS REGARDING THE USE OF YOUR PERSONAL INFORMATION
You have the right at any time to prevent me from contacting you for marketing purposes. If and when I send a promotional communication to a user via Weebly, the user can opt out of further promotional communications by following the unsubscribe instructions provided in each promotional email. Please note that notwithstanding the promotional preferences you indicate by either unsubscribing or opting out, I may continue to send you administrative emails including, for example, periodic updates to my Privacy Policy.
If you reside in certain territories, including the EU, you have a number of rights in relation to your personal information. While some of these rights apply generally, certain rights apply only in certain limited cases. I describe these rights below:
6. WEEBLY
My Service is hosted by Weebly, Inc. (“Weebly”). Weebly provides me with the online e-commerce platform that allows me to provide the Service to you. Your information, including Personal Information, may be stored through Weebly’s servers. By using the Service, you consent to Weebly’s collection, disclosure, storage, and use of your Personal Information in accordance with Weebly’s privacy policy available at www.weebly.com/privacy
7. LINKS TO OTHER WEBSITES
As part of the Service, I may provide links to, or compatibility with, other websites or applications. However, I am not responsible for the privacy practices employed by those websites or the information or content they contain. This Privacy Policy applies solely to information collected by me through the Service. Therefore, this Privacy Policy does not apply to your use of a third-party website accessed by selecting a link via my Service. To the extent that you access or use the Service through or on another website or application, then the privacy policy of that other website or application will apply to your access or use of that site or application. I encourage my users to read the privacy statements of other websites before proceeding to use them.
8. AGE OF CONSENT
By using the Service, you represent that you are at least 18 years of age.
9. CHANGES TO MY PRIVACY POLICY
The Business reserves the right to change this Privacy Policy and Terms of Use at any time. If I decide to change this Privacy Policy, I will post these changes on this page so that you are always aware of what information I collect, how I use it, and under what circumstances I disclose it. Any such modifications become effective upon your continued access to and/or use of the Service five (5) days after I first post the changes on the website or otherwise provide you with notice of such modifications. It is your sole responsibility to check this website from time to time to view any such changes to the terms of this Privacy Policy. If you do not agree to any changes, if and when such changes may be made to this Privacy Policy, you must cease access to this website. If you have provided your email address to me, you give me permission to email you for the purpose of notification as described in this Privacy Policy.
10. MERGER OR ACQUISITION
In the event I (or Weebly) undergo a business transaction such as a merger, acquisition by another company, or sale of all or a portion of our assets, your Personal Information may be among the assets transferred. You acknowledge and consent that such transfers may occur and are permitted by this Privacy Policy, and that any acquirer of my (or Weebly’s) assets may continue to process your Personal Information as set forth in this Privacy Policy. If my information practices change at any time in the future, I will post the policy changes here so that you may opt out of the new information practices. I suggest that you check this Privacy Policy periodically if you are concerned about how your information is used.
11. EMAIL COMMUNICATIONS & OPTING OUT
I may send you Service-related announcements on occasions when it is necessary to do so. For instance, if my Service is temporarily suspended for maintenance, or a new enhancement is released, which will affect the way you use my Service, I might send you an email. Generally, you may not opt-out of these communications, which are not promotional in nature. Based upon the Personal Information that you provide me, I may communicate with you in response to your inquiries to provide the services you request and to manage your account. I will communicate with you by email or telephone, in accordance with your wishes. I may also use your Personal Information to send you updates and other promotional communications. If you no longer wish to receive those email updates, you may opt-out of receiving them by following the instructions included in each update or communication.
12. CONTACT ME AND WITHDRAWING CONSENT
If you have any questions regarding this Privacy Policy or the practices of this website, or wish to withdraw your consent for the continued collection, use or disclosure of your Personal Information, please contact me by using the contact form on this website, here.
This Privacy Policy (“Privacy Policy”) describes how I collect, use and share information when you purchase an item from me, contact me, or otherwise use my services through the website www.colourhappy.co.nz or its related sites and services, and what is done to protect that information.
This Privacy Policy does not apply to the practices of third parties that I do not own or control, including Weebly, PayPal, Kontactr or any third party services you access through my website.
For purposes of this Policy, the following definitions apply:
i) “Business” and the terms “I,” “me,” and “my” refer to Adele white, sole trader and owner of the website www.colourhappy.co.nz
ii) “Service” refers to the Business’s service which can be accessed via the website www.colourhappy.co.nz or through its mobile application.
iii) “You” refers to you, as a user of Service.
iv) “Weebly” refers to Weebly, Inc. which hosts my Service and provides me with the online e-commerce platform that allows me to provide the Service to you.
1. CONSENT
By accessing my Service, you accept my Privacy Policy and Terms of Use, and you consent to my collection, storage, use and disclosure of your personal information as described in this Privacy Policy. In addition, by using my Service, or services across partnered and unaffiliated sites, you are accepting the policies and practices described in this Privacy Policy. Each time you visit my website, or use the Service, and any time you voluntarily provide me with information, you agree that you are consenting to my collection, use and disclosure of the information that you provide, and you are consenting to receive emails or otherwise be contacted, as described in this Privacy Policy. Whether or not you register or create any kind of account with me, this Privacy Policy applies to all users of the website and the Service.
2. INFORMATION COLLECTED
I may collect both “Personal Information” and “Non-Personal Information” about you.
“Personal Information” includes information that can be used to personally identify you, such as your name, postal address, email address and details of the product that you are ordering. This information is required by me to fulfil your order, to settle disputes or provide customer support. You may also choose to provide me with additional personal information (for a custom order, for example), if you contact me directly.
“Non-Personal Information” includes information that cannot be used to personally identify you, such as anonymous usage data, general demographic information, referring/exit pages and URLs, platform types, preferences you submit and preferences that are generated based on the data you submit and number of clicks.
In addition, via Weebly, I may also track information provided by your browser or by my mobile application when you view or use the Service, such as the website you came from (known as the “referring URL”), the type of browser you use, the device from which you connected to the Service, the time and date of access, and other information that does not personally identify you. This information is used for, among other things, the operation of the Service, to maintain the quality of the Service, to provide general statistics regarding use of the Service and for other business purposes. This information is tracked using cookies, or small text files which include an anonymous unique identifier. Cookies are sent to a user’s browser from Weebly’s servers and are stored on the user’s computer hard drive. Sending a cookie to a user’s browser enables Weebly to collect Non-Personal Information about that user and keep a record of the user’s preferences when utilising my services, both on an individual and aggregate basis. Both persistent and session cookies may be used; persistent cookies remain on your computer after you close your session and until you delete them, while session cookies expire when you close your browser. Persistent cookies can be removed by following your Internet browser help file directions. If you choose to disable cookies, some areas of the Service may not work properly.
3. HOW I USE AND SHARE INFORMATION
Personal Information:
At this point in time, I do not send out newsletters to a mailing list. If I did so in the future, I would need your personal information for that. If you consented to receive the emails, you would be able to revoke your consent at any time.
In general, I do not sell, trade, rent or otherwise share your Personal Information with third parties without your consent. I may share your Personal Information with vendors and other third-party providers who are performing services for the Business. In general, the vendors and third-party providers used by me will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide for the Business. For example, when you provide me with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery, or return a purchase, you consent to me collecting and using such personal information for that specific purpose, including by transmitting such information to my vendors (and their service providers) performing these services for the Business.
However, certain third-party service providers, such as payment processors, have their own privacy policies in respect of the information that I am required to provide to them in order to use their services. For these third-party service providers, I recommend that you read their privacy policies so that you can understand the manner in which your Personal Information will be handled by such providers.
Transfers of Personal Information Outside the EU: I store and process your information through a third-party hosting service in the US, namely Weebly. As a result, your personal information is transferred to a jurisdiction with different data protection and government surveillance laws than your jurisdiction. Please refer to the information about Weebly, in clause 6 below.
When you purchase a product, I use the payment processor PayPal. Here is the link to PayPal’s Privacy Policy: www.paypal.com/nz/webapps/mpp/ua/privacy-full
I use the services of Kontactr for my contact form (the form you use to send me a query). Here is the link to Kontactr’s Privacy Policy: kontactr.com/help/privacy
In addition, I may disclose your Personal Information if required to do so by law (for example tax law with regard to what I have invoiced you), or if you violate my Terms of Use.
For New Zealand tax purposes I am required to retain invoices (which will show your personal information) for a period of seven years.
Non-Personal Information:
In general, Non-Personal Information is used to help improve the Service and customise the user experience. Non-Personal Information is also aggregated in order to track trends and analyse use patterns of the Service. This Privacy Policy does not limit in any way the use or disclosure of Non-Personal Information and I reserve the right to use and disclose such Non-Personal Information to my partners, advertisers and other third parties at my sole discretion.
4. HOW I PROTECT INFORMATION
I and Weebly implement reasonable precautions and follow industry best practices in order to protect your Personal Information and ensure that such Personal Information is not accessed, disclosed, altered or destroyed. However, these measures do not guarantee that your information will not be accessed, disclosed, altered or destroyed by breach of such precautions. By using my Service, you acknowledge that you understand and agree to assume these risks.
5. YOUR RIGHTS REGARDING THE USE OF YOUR PERSONAL INFORMATION
You have the right at any time to prevent me from contacting you for marketing purposes. If and when I send a promotional communication to a user via Weebly, the user can opt out of further promotional communications by following the unsubscribe instructions provided in each promotional email. Please note that notwithstanding the promotional preferences you indicate by either unsubscribing or opting out, I may continue to send you administrative emails including, for example, periodic updates to my Privacy Policy.
If you reside in certain territories, including the EU, you have a number of rights in relation to your personal information. While some of these rights apply generally, certain rights apply only in certain limited cases. I describe these rights below:
- Access. You may have the right to access and receive a copy of the personal information I hold about you by contacting me using the contact information below.
- Change, restrict, delete. You may also have rights to change, restrict my use of, or delete your personal information. Absent exceptional circumstances (like where I am required to store data for legal reasons) I will generally delete your personal information upon request.
- Object. You can object to (i) my processing of some of your information based on my legitimate interests and (ii) receiving marketing messages from me after providing your express consent to receive them. In such cases, I will delete your personal information unless I have compelling and legitimate grounds to continue using that information or if it is needed for legal reasons.
- Complain. If you reside in the EU and wish to raise a concern about my use of your information (and without prejudice to any other rights you may have), you have the right to do so with your local data protection authority.
6. WEEBLY
My Service is hosted by Weebly, Inc. (“Weebly”). Weebly provides me with the online e-commerce platform that allows me to provide the Service to you. Your information, including Personal Information, may be stored through Weebly’s servers. By using the Service, you consent to Weebly’s collection, disclosure, storage, and use of your Personal Information in accordance with Weebly’s privacy policy available at www.weebly.com/privacy
7. LINKS TO OTHER WEBSITES
As part of the Service, I may provide links to, or compatibility with, other websites or applications. However, I am not responsible for the privacy practices employed by those websites or the information or content they contain. This Privacy Policy applies solely to information collected by me through the Service. Therefore, this Privacy Policy does not apply to your use of a third-party website accessed by selecting a link via my Service. To the extent that you access or use the Service through or on another website or application, then the privacy policy of that other website or application will apply to your access or use of that site or application. I encourage my users to read the privacy statements of other websites before proceeding to use them.
8. AGE OF CONSENT
By using the Service, you represent that you are at least 18 years of age.
9. CHANGES TO MY PRIVACY POLICY
The Business reserves the right to change this Privacy Policy and Terms of Use at any time. If I decide to change this Privacy Policy, I will post these changes on this page so that you are always aware of what information I collect, how I use it, and under what circumstances I disclose it. Any such modifications become effective upon your continued access to and/or use of the Service five (5) days after I first post the changes on the website or otherwise provide you with notice of such modifications. It is your sole responsibility to check this website from time to time to view any such changes to the terms of this Privacy Policy. If you do not agree to any changes, if and when such changes may be made to this Privacy Policy, you must cease access to this website. If you have provided your email address to me, you give me permission to email you for the purpose of notification as described in this Privacy Policy.
10. MERGER OR ACQUISITION
In the event I (or Weebly) undergo a business transaction such as a merger, acquisition by another company, or sale of all or a portion of our assets, your Personal Information may be among the assets transferred. You acknowledge and consent that such transfers may occur and are permitted by this Privacy Policy, and that any acquirer of my (or Weebly’s) assets may continue to process your Personal Information as set forth in this Privacy Policy. If my information practices change at any time in the future, I will post the policy changes here so that you may opt out of the new information practices. I suggest that you check this Privacy Policy periodically if you are concerned about how your information is used.
11. EMAIL COMMUNICATIONS & OPTING OUT
I may send you Service-related announcements on occasions when it is necessary to do so. For instance, if my Service is temporarily suspended for maintenance, or a new enhancement is released, which will affect the way you use my Service, I might send you an email. Generally, you may not opt-out of these communications, which are not promotional in nature. Based upon the Personal Information that you provide me, I may communicate with you in response to your inquiries to provide the services you request and to manage your account. I will communicate with you by email or telephone, in accordance with your wishes. I may also use your Personal Information to send you updates and other promotional communications. If you no longer wish to receive those email updates, you may opt-out of receiving them by following the instructions included in each update or communication.
12. CONTACT ME AND WITHDRAWING CONSENT
If you have any questions regarding this Privacy Policy or the practices of this website, or wish to withdraw your consent for the continued collection, use or disclosure of your Personal Information, please contact me by using the contact form on this website, here.