Downlow Franchising Limited 9429046234841 (Downlow) (we, our, us) recognise and appreciate the importance of your privacy and understand your concern about the security of any personal data provided to us.
We are sensitive to privacy matters and take the continued confidence our customers and business associates place in us seriously. We comply with the Privacy Act 1993 (Privacy Act), which details how personal data may be gathered, used, disclosed, stored and destroyed in New Zealand and how an individual may gain access to or complain about personal data held about them.
Personal data is data or an opinion about an identified individual or a reasonably identifiable individual.
Sensitive data, a sub-set of personal data, is data or an opinion about an individual's race or ethnic origin, political notions, political associations, religious affiliations and/or beliefs, philosophical views, professional or affiliation membership, trade union membership, sexual orientation or ideas or criminal history, and includes health data and genetic data.
This Privacy Policy details how we manage personal data and sensitive data (if any) about you, how we ensure that the data is kept secure and how you can access that data.
What is the personal data we collect from you
Downlow collects personal data from you in several ways, including but not limited to when you:
place an order with us online on our website or in-store;
register with us on our website, recruitment platform, or in-store as a:
customer;
supplier;
prospective employee; and/or
prospective franchisee.
By registering with us through any means and for the purposes mentioned above or any other closely related purpose, you consent to the collection of your personal data.
When an order is placed with us, we need to hold personal data, including your name, email address, phone number, home address, shipping and credit/debit card billing address(es), to process and fulfil your order. Saved card details will never be shared with third parties and will only be used to process your order using our payment partner's systems.
Additionally, we may also obtain data as a result of authentication or identity checks.
We collect data necessary for ordering from us and providing our services or further communications with you concerning any employment or franchise opportunity.
The type of data gathered will depend on the type of transaction and services you have asked us to provide and may include:
your name;
your date of birth and age;
your residential, billing and/or postal address;
corporate entity name, NZBN, registered office details and officeholder's personal data;
your contact details such as telephone number, mobile phone number, fax number and email address; and
your transaction and purchase data, including bank account or credit card payment details.
Generally, we do not collect sensitive data other than for health or legal reasons. We may obtain dietary requirements and/or allergen data which could be labelled as 'health data' when you order from us. We may also collect sensitive data from you or about you where there is a legal requirement to do so regarding employment or franchise opportunities or where allowed by law. In all other situations, we will specifically seek your consent.
If we do not collect, hold, use or disclose your personal data, or if you do not provide your consent, then you may not be able to place an order, register for a service offered by us or express an interest in an employment or franchise opportunity.
You can be anonymous or use a pseudonym when dealing with us unless using your real identity is a legal requirement. Then it is impracticable for us to deal with you on such a basis.
How your personal data may be gathered, used and disclosed
We collect, hold, use and disclose personal data from you or about you where it is reasonably necessary for us to carry out our business functions and activities.
We may use your personal data:
for the processing of orders and payments and to provide you with a personalised shopping experience;
to fulfil and deliver your orders and manage your account;
(usually your name) for inclusion in newsletters and competition results;
for contacting you in respect of an employment or franchise opportunity; and/or
For related purposes which you would expect, such as providing you with details about other services offered by us, as well as any promotions or offers that may be of interest to you. You can opt out of receiving offers or data anytime by notifying us. We include opt-out links or procedures in our marketing and promotional communications.
We will obtain your consent if we wish to use or disclose your personal data for other purposes.
We do not disclose your personal data to overseas entities. Should the need arise to disclose your personal data overseas, we will only do so where:
It is necessary to complete the transaction you have entered into; and
You have provided consent; or
We believe on reasonable grounds that the overseas recipient is required to deal with your personal data by enforceable laws which are similar to the requirements under the Privacy Act; or
It is otherwise allowed by law.
In some cases, we may disclose your personal data to third parties, such as persons to whom we contract to provide services as required to provide you with services. For example, Uber Eats and any other delivery service providers to deliver any orders to you. We will ensure that third parties to whom we disclose are tied by confidentiality and non-disclosure agreements if they are not otherwise required to adhere to the Privacy Act.
We may also disclose your personal data where we have sought your consent under the Privacy Act or any other legislation.
We may also disclose your personal data to third parties (including government departments and enforcement bodies) where required or allowed by law.
How we hold, store and keep secure your data
Your data is stored digitally, on paper, or both. We have physical, digital and procedural protection in place and take reasonable steps to assure that your data is safeguarded from misuse, interference, loss, and unauthorised access, modification, and disclosure.
Please be aware that personal data provided by email may not be secure. If you have concerns regarding the security of your personal data, please provide them in an alternate form, such as a facsimile.
Cookies
When you browse our website, contact us digitally, or engage with us on social media, we may also record geographical tagging, cookies, IP address and statistical data from your activity. We may use your personal data to customise and improve your user experience on our website and other social media platforms. By using our website, you agree that we can record this data from your device and access it when you visit the site.
If you want to delete any cookies already on your computer, please refer to the help and support area on your internet browser for instructions on locating the file or directory that stores cookies.
Please note that by deleting our cookies or disabling future cookies, you may not be able to access certain areas or features of our site.
Do we disclose personal data overseas?
In doing business with you, we may disclose some or all of your personal data to overseas entities within Downlow.
Your personal data may be processed by or disclosed to employees, representatives, or other third parties outside of New Zealand who work for or is engaged by Downlow or are part of Downlow.
We will take reasonable steps before any personal data is disclosed to an entity outside of New Zealand (whether or not the entity operates within Downlow) to ensure that any entity to which your personal data may be disclosed acts under the Privacy Act.
Unless the law requires, we will not disclose your personal data to any trading partners or entities outside Downlow without your consent.
Will we send you direct marketing?
Where we intend to use your personal data in direct marketing, we will obtain your consent. We will not use your personal data unless we have received your consent (which includes an indication of no objection). We will use the personal data that we hold about you, including your name, phone number, email and/or correspondence address, to send you marketing materials we believe are related to any orders or enquiries you had made with us or were tentatively interested in making (such interest captured by our cookies).
When you register your personal data with us, whether as a customer, prospective employee or prospective franchisee, you are given the option to opt out of subscribing to our regular update service, which we will send you and may include:
Email and direct mail alerts for new recipes and products;
Features, special offers and upgrade opportunities;
Positions and/or opportunities with Downlow that may be of interest to you; and
Contests, events of interest, and one-off marketing promotions relevant to the interest you demonstrated in Downlow previously.
Such alerts may include marketing data about new products and promotions offered by Downlow.
We will only send marketing communications to which you are currently subscribed.
We will always offer you the opportunity to unsubscribe from any service or update you have subscribed to if you change your mind. Any email communications we send include an easy automated unsubscribe link so you can opt out of that particular email communication. Follow the indications in the email.
Retention of data
We will only keep your data as long as necessary to fulfil the reasons specified above for which they are or will be used. We will retain the data provided by you if the purpose for which the data was gathered still exists, if it is required by law, statute or regulation, or is in the public interest.
We will take reasonable steps and use secure methods to destroy or de-identify data that is now not needed for any purpose for which the data may be used under this Policy under the Privacy Act.
Requests for Access and Correction
In most cases, you can access personal and sensitive data held about you by us. We may provide you with this data verbally or in writing. Where we do not agree to provide you with details of personal data, we will give you written reasons for our decision.
We rely on the personal data we hold about you to provide our services efficiently. For this reason, the personal data we collect from you must be accurate, complete and up-to-date. We will take reasonable steps to amend or correct your personal data to keep it accurate and up to date.
If you want to discuss any aspect of your personal or sensitive data, don't hesitate to contact our Privacy Officer at marketing@downlow.co.nz.
Data Breaches
In New Zealand, if we suspect a data breach has occurred, we will assess the circumstances of the alleged infringement within 30 days after the suspected breach has occurred. Where a breach has actually occurred and where required by law, we will notify the Privacy Commissioner and affected customers as soon as practicable after becoming aware that a data breach has occurred.
Complaints and Concerns
We have procedures in place for dealing with your complaints and concerns about our practices concerning the Privacy Act and any alleged breach of this Policy. We will respond to your complaint under the relevant provisions of the Privacy Act.
Contact our Privacy Officer to discuss or attempt to resolve any complaints relating to the collection, storage and use of your personal data. For further data, don't hesitate to get in touch with our Privacy Officer at marketing@downlow.co.nz.
Changes to this Privacy Statement
We may need to review and revise our Privacy Policy from time to time. We will post any amended versions of this Privacy Policy on our website at https://www.downlow.co.nz/. Please visit our website often to keep up to date with any changes.
How to Contact Us
Privacy Officer
Downlow
PO Box 47 951 Ponsonby
Auckland, 1144
EMAIL: marketing@downlow.co.nz
IMPORTANT GENERAL INFORMATION
If you are under 16, we require you to inform a parent or guardian about Downlow's Privacy Policy and Terms and Conditions and their permission to the Privacy Policy and Terms and Conditions before creating an account or placing an order with Downlow.
This Privacy Policy does not apply to websites maintained by other companies or organisations we link, and Downlow is not responsible for any personal data you submit to third parties via our website.
Please read the Privacy Policy of other companies or organisations before sending your details.
Privacy Policy