Our Privacy Policy describes how we collect, process, use, dispose and protect information that relates to an identified or identifiable individual across our Website and/or Service (Personal Information). If an individual can’t be identified (for example, when Personal Information is aggregated and anonymised) then the information or data is not Personal Information and this policy doesn’t apply.

Dazzly USA Trading Limited, operating as Dazzly, is a company registered in Auckland, New Zealand.

This Privacy Policy is governed by New Zealand law. When handling Personal Information, we will comply with the New Zealand Privacy Act 2020 and, where applicable, other applicable Data Privacy Laws, such as the GDPR.

For more information about privacy issues in New Zealand, visit the New Zealand Privacy Commissioner's website at www.privacy.org.nz.

This Privacy Policy uses the same definitions as those used in the Dazzly Terms of Use, found at https://www.dazzly.co/terms

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.

Personal Information of End Customers is collected and processed by us as a consequence of our provision of the Service to the relevant Customer. In respect of such End Customer Personal Information, the relevant Customer (and its Authorised Users) are responsible for obtaining the appropriate consents and approvals for us to lawfully process such Personal Information in the manner anticipated by the Service and the Terms of Use (including this Privacy Policy). We act solely as the data processor of the Customer in respect of End Customer Personal Information and the Customer is the data controller.

HOW WE USE YOUR PERSONAL INFORMATION

We will not process Personal Information, other than as outlined in this Privacy Policy, without having a lawful basis to do so.

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 provide our Service (including any trial service) and otherwise carry out our obligations under the Terms of Use; and

  • 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 feedback@dazzly.co;

  • 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 enforce compliance with the Terms of Use;

  • 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.

We may anonymise and aggregate information (in the manner specified in the Terms of Use) such that no person could be re-identified from the information. This aggregated and anonymised data is not Personal Information and this privacy policy does not apply to it.

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.

Processing payments:

  • 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.

  • Stripe collects, uses and processes information, including payment information, in accordance with its privacy policy.

  • Stripe’s privacy policy is available at the following link: https://stripe.com/privacy.

  • 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.

  • For further information about the safeguards used when an individual’s information is transferred outside of New Zealand, see the section of this Privacy Policy below entitled Overseas Transfers.

OVERSEAS TRANSFERS

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.

We utilise the services of entities in various countries (including, New Zealand, Australia and the United States of America). Consequently, we may transfer Personal Information to parties located in these countries. Although we will endeavour to ensure that Personal Information is treated securely and in accordance with this Privacy Policy as well as applicable Data Privacy Laws, we advise that some of these countries may not have an equivalent level of data protection laws as those in New Zealand.

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.

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 Website to another website, the owner of that website will have its own privacy policy relating to your Personal Information. We suggest you review that website’s privacy policy before you provide access to your Personal Information.

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.

Cookies

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.

Web analytics

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

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.

YOUR RIGHTS

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.

If you wish to exercise your rights under this Privacy Policy or any applicable data privacy laws, you can do this by emailing our Privacy Officer at privacy@dazzly.co. 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).

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 (privacy@dazzly.co).

CHANGES TO THIS PRIVACY POLICY

From time to time we may make changes to this privacy Policy (for example, to reflect any changes in our Service or any Data Privacy Laws). Where a change is significant, we’ll make sure we let you know – usually by displaying a notice on our Website or by sending you an email.