Last updated: June 17th 2022
Dazzly USA Trading Limited, operating as Dazzly, is a company registered in Auckland, New Zealand.
For more information about privacy issues in New Zealand, visit the New Zealand Privacy Commissioner's website at www.privacy.org.nz.
INFORMATION WE COLLECT
We collect Personal Information (including names, IP address, email addresses, phone numbers, location information, credit card information, browser information and interactions an individual has with our Website, the Service and Customer Websites). We collect this information from:
you, when you provide that Personal Information to us, through registration and use of our Website, the Service and/or any Customer Website, or through any other interactions with us (e.g. telephone call, email or web chat).
use of the, Service or Customer Websites, any action an individual takes while using our Website or Service or any Customer Website. We use this information to provide the Service, understand what content and features are effective and improve our Website and/or Service.
HOW WE USE YOUR PERSONAL INFORMATION
We have no direct relationship with any person other than the Customer and its Authorised Users, and for that reason, the relevant Customer and Authorised Users are responsible for obtaining the appropriate consents for us to process Customer Data from End Customers (or any other third party) in the manner anticipated by the Service.
We process Personal Information:
to create and set up Accounts within the Website and the Service;
to bill the Customer and to collect money that is owed, including authorising and processing credit card transactions,
and such processing is necessary for the performance of the contract between the Customer and us.
We also process Personal Information:
to verify an individual’s identity;
to communicate with third parties (including End Customers), as necessary to provide the Service;
to communicate with Customers, Authorised Users and End Customers relating to the Service and Customer Websites, including for administration purposes, such as account management, customer service or system maintenance;
to comply with our obligations to our third-party service providers, suppliers and other users of our services and End Customer Websites;
to perform the Service and otherwise comply with our obligations to our Customers, Authorised Users and End Customers;
to identify Authorised Users when they sign-in to their Account and verify that the Account is not being used by others;
to send you marketing and promotional messages and other information that may be of interest to you where you have consented to receiving such material. You can opt out of receiving marketing materials from us by using the opt-out facility provided (e.g. an unsubscribe link) or by emailing us at firstname.lastname@example.org;
to improve our Website and Service;
to analyse usage of the Website, Service and Customer Websites, or carry out research and analysis, so we can improve the Website and Service;
to respond to due diligence requests and/or transfer Personal Information in the case of a sale, merger, consolidation, liquidation, reorganisation or acquisition of our business
to protect and/or enforce our legal rights and interests, including defending any claim; and
to comply with our legal obligations, including any notification and reporting obligations and any access directions imposed on us by a Government agency or regulatory authority,
and such processing is necessary for the purposes of a legitimate interest pursued by us, and we have assessed that our interests are not overridden by the interests or fundamental rights and freedoms of the person to whom the Personal Information relates.
We may also use Personal Information collected for such other purposes that are compatible with the original purpose described above, or that we the relevant individual has otherwise consented to from time to time.
We process Personal Information to communicate with the relevant individual (electronically) in relation to the Service and any other products or services offered by us that we consider may be of interest to that individual, from time to time, including to respond to contact requests and any related communication. An individual can unsubscribe from any communications from us by contacting us as directed in any such communications.
HOW WE USE YOUR PERSONAL INFORMATION
We may disclose Personal Information to:
service providers and suppliers who provide necessary goods and/or services to us, and any other strategic partners who help us market and sell the Service - for instance to manage customer relations, send out newsletters and/or to process payments;
third parties, as necessary to provide the Service;
any business that supports us, including hosting or maintaining any underlying IT system or data centre that we use to provide our Website and/or Service;
other third parties to anonymise and aggregate statistical information;
a person who can require us to supply Personal Information (e.g. a regulatory authority or law enforcement agency); and
any other person or entity that we have been validly authorised to disclose information to.
In order to process a Customer’s payment for the Service or End Customer’s payment for an End Customer Transaction, we use Stripe, a third party payment processor.
In providing Stripe, Personal Information will be transferred outside New Zealand to jurisdictions in which Stripe operate, which may include the United States of America.
Dazzly is located in New Zealand, so Personal Information may be transferred and/or stored there. In respect of our responsibilities under the GDPR, the appropriate safeguard in place for such a transfer is the existence of an adequacy decision under Article 45 of the GDPR.
If we transfer Personal Information to a third party located in a country outside the European Union that the European Commission has not recognised as providing adequate protection, we will enter into an agreement with that third party that contains the standard contractual clauses approved by the European Commission.
THIRD PARTY SERVICES
We use third party services for providing the Website, Service and Customer Websites, to ensure a better experience for users and for improving the Website, Service and Customer Websites. In the process of doing so, the third party service provider may have access to Personal Information. However, these third parties do not have the right to use the Personal Information for their own 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.
HOW LONG WE KEEP PERSONAL INFORMATION
We will keep Personal Information:
until we no longer have a valid reason for keeping it;
until the relevant individual requests us to stop using it; or
for as long as required by law e.g., we keep invoice information for 7 years to fulfil our tax obligations.
You should be aware that we do keep backups and logs for a period before they are automatically deleted.
COOKIES AND TRACKING
We may use various technologies to collect and store information about individuals when they use the Website and the Service, and this may include using cookies and similar tracking technologies, such as pixels and web beacons.
A cookie is a piece of information that our web server may send to your machine when you visit our Website. The cookie is stored on your device, but does not identify you or give us any information about your device.
The types of cookies we use may include:
Strictly necessary cookies: These cookies are essential for the full functionality of our Website. They enable you to navigate around our Website and use its features. Without these cookies, you may not be able to access all the functions of our Website.
Performance cookies: These cookies collect information about how you use our Website. All information these cookies collect is anonymous and only used to improve how our Website.
Functionality cookies: These cookies allow our Website to remember the choices you make (for example, your user name, language or your region). Although these cookies are used to enhance the performance of our Website, they are non-essential to their use. However, without these cookies, certain functionality may become unavailable.
We use Google Analytics to collect information about use of our Website, with the goal of improving our Website. Google Analytics collects information such as how often users visit the Website, what pages they visit when they do so, and what other sites they used prior to coming to the site.
Web beacons are tiny graphics with a unique identifier that may be included on the Website for several purposes. For example, we may use web beacons to deliver or communicate with cookies, to track and measure the performance of the Website, to monitor how many visitors view our Website, and to monitor the effectiveness of our advertising. Unlike cookies, which are stored on an individual’s hard drive, Web Beacons are typically embedded invisibly on web pages (or in an email). We use these web beacons to customise content and advertising and to analyse traffic to our Website.
PROTECTING PERSONAL INFORMATION
We take the protection of Personal Information seriously and we will take reasonable steps to keep Personal Information in our possession safe from loss, unauthorised activity, or other misuse.
You have the right to access your readily retrievable Personal Information that we hold about you, and to ask for it to be corrected if you think it is wrong, or to be deleted.
If you are based in the European Union (including Switzerland) you also have the right, under the GDPR, to:
in certain circumstances, have your Personal Information erased;
restrict the processing of your Personal Information;
move, copy or transfer your Personal Information easily for your own purposes across different services in a safe and secure way; and
object to processing where we rely on our legitimate interests as the lawful basis for processing.
withdraw your consent at any time, where our processing of your Personal Information is based on consent; and
lodge a complaint with an appropriate supervisory authority, if you consider that our processing of your Personal Information has breached the GDPR.
Please note that in certain circumstances we may refuse to respond to a rights request where we have the right to do so under the GDPR, for example, where a request is manifestly unfounded or excessive.
There may still be residual information such as errors logs, emails, calendar invites, data backups etc that record some Personal Information about you (primarily email address, name, and any content sent via email). If you also require this information to be deleted, please contact our Privacy Officer (email@example.com).