This statement sets out the privacy policy of this website and all other websites directly owned or operated by Nicholas Nixon or Clockwork Limited or Gridline Marketing Limited or otherwise associated with any of the three aforenamed entities, unless an alternative statement is shown on the relevant website, in which case the alternative statement shall prevail.
Clockwork Limited is a New Zealand company. Registration Number 2383317.
Gridline Marketing Limited is a New Zealand company. Registration Number 7773236.
Our privacy policy states what personal data and non-personal data we may collect from you, how we may collect it, how we may protect it and how we may share it. Our privacy policy also tells you how you can have corrected any personal data and non-personal data that we may have collected and how you can limit our sharing of such data. Our privacy policy also informs readers of certain legal rights that they have with respect to their personal data.
By providing us with your personal data, you warrant to us that you are over 18 years of age.
Definitions
‘Non-personal data’ is information that is not personally identifiable in any way.
‘Personal data’ is any information relating to an identified or identifiable natural person (‘data subject’). An identifiable natural person is one who can be identified, directly or indirectly, by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. Personal data is in many ways the same as personally identifiable information. However, personal data is broader in scope and covers more data.
A ‘visitor’ is someone who merely browses our website.
A ‘member’ is someone who has registered with us to use or buy our services and products.
The term ‘user’ is a collective identifier that refers to either a visitor or a member.
Your rights
When using our website and submitting personal data to us, you may have certain rights under the General Data Protection Regulation (GDPR) and other laws. Depending on the legal basis for processing your personal data, you may have some or all of the following rights:
The right to be informed
You may have the right to be informed about any personal data that we may collect from you, and how we process it.
The right of access
You may have the right to receive confirmation that your personal data is being processed and to have the ability to access your personal data.
The right to rectification
You may have the right to have your personal data corrected if it should be inaccurate or incomplete.
The right to erasure (the right to be forgotten)
You may have the right to request the removal or deletion of your personal data if there is no compelling reason for us to continue processing it.
The right to restrict processing
You may have the right to prevent or restrict the processing of your personal data. When personal data is restricted, we are permitted to store that data, but not to process it further.
The right to data portability
You may have the right to request and receive any personal data that you provided to us and use it for your own purposes. We will provide your data to you within 30 days of any such request. If you should wish to request your personal data, please contact us using the information given at the foot of this privacy policy.
The right to object
You may have the right to object to us processing your personal data for the following reasons:
- Processing was based on legitimate interests or the performance of a task in the public interest/exercise of official authority (including profiling);
- Direct marketing (including profiling); and
- Processing for purposes of scientific/historical research and statistics.
- Rights in relation to automated decision-making and profiling.
Automated individual decision-making and profiling
You may have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or which affects you in a similarly significant manner.
Filing a complaint with authorities
You have the right to file a complaint with supervisory authorities if your information has not been processed in compliance with the General Data Protection Regulation. If the supervisory authorities fail to address your complaint properly, you may have the right to judicial remedy.
For details about your rights under the law, visit https://goo.gl/F41vAV
Information that we collect
Generally, you control the amount and type of information that you may provide to us when using our website.
Our legal bases for the collection and the processing of personal data
Our legal basis for the collection and the processing of your personal data when you buy our products and/or services is based on and the necessity for the performance of a contract or to take steps to enter into a contract.
Our legal basis for the collection and the processing of your personal data when you sign up for information about our products and services, or for any newsletter that we might offer through our website and any opt-in forms is based on consent.
What happens if you don’t give us your personal data
If you do not provide sufficient personal data to us, we may not be able to provide you with all of our products and services. However, you are able to access our website and use parts of it without giving us any personal data.
How we may collect your personal data:
Automatic information
We may automatically receive information from your web browser or mobile device. This information could include the name of the website from which you entered our website, if any, as well as the name of any website that you may visit when leaving our website. This information may also include the IP address of your computer, the proxy server you use to access the Internet, your Internet service provider’s name, your web browser type, the type of any mobile device, your computer operating system, and data about your browsing activity when using our website. We may use all of this information to analyse trends among our users and to help improve our website.
Entering and using our website
If you enter and use our website and agree to accept cookies, some of these cookies may contain your personal data.
At user and member registration
If you register as a user or member, we may collect any or all of your name, email address, physical address, business name, user name and password (which is encrypted) plus any other information listed.
When buying our products or services
If you buy products or services from us, either our own or third party products or services that we have recommended, we may collect any or all of your first and last name, email address, physical address, business name, payment method and information, telephone number, user name and password (which is encrypted) plus any other information that may be requested and given. Any or all of this information may be required to enable us to process your order. We will collect only as much information as may be necessary to process your order.
We may use your name and email address to provide any bonuses that we may offer and/or also to suggest to you any other products and/or services that we think may be of interest to you.
You have the right and at any time you will be able to opt-out of receiving such information by using the unsubscribe link that is included at the foot of every such email that we send out. Alternatively you may send your request to us by email, via the site support system (where appropriate) or by contacting us in any other manner.
Mobile applications
Should you choose to use any of our mobile applications, you may have to provide personal data in order to use them.
Support software
Our website may include support software in order to enable users to communicate with us. When this software is used, we may collect some or all of your email address, first name, last name, location, and any other information you may choose to share with us. You should limit the information that you provide to us to only that which is necessary to answer your questions.
Contact forms
Our website may contain contact forms that enable visitors to communicate with us online in real time or offline by email. Visitors may be able to communicate with us without becoming a member or buying any of our products or services. If you should use any of our contact form(s), we may collect some or all the following information: your first name, last name, email address, location, plus any other information you may choose willingly to share with us. You should limit the information that you provide to us to only that which is necessary to answer your questions.
Mailing lists
If you choose to join one of our mailing lists by submitting your name and email address we will use that information to deliver your requested information. We also may use that information to share with you promotions, special offers, advice, bonuses, and other marketing-related material.
You have the right and at any time you will be able to opt-out of receiving such information by using the unsubscribe link that is included at the foot of every such email that we send out. Alternatively you may send your request to us by email, via the website support system (where appropriate) or by contacting us in any other manner.
When we receive a subscriber’s request to unsubscribe from any email list, we will immediately initiate action to unsubscribe that person without any unreasonable delay. That said, there will be occasions when email might continue for a short period following the ‘unsubscribe’ request when, for example, emails have been uploaded in bulk to our servers with a delayed ‘Send’ date.
Webinars
If you register with one of our webinars we will receive your name and email address. We will use that information to send you webinar updates and related materials. After the webinar, we may also send out replay information.
Your name and email address also will be stored by any software that we may use for communication with yourself regarding the webinar.
If you should contact us by email we will store and use your email address to communicate with you.
Collecting your location information
If you use our services, we may collect and process information about your physical location. We may use technologies such as GPS and IP tracking, to determine your location. These technologies may also provide us with information about nearby cell towers, Wi-Fi access points, and other devices.
Google Analytics
Our website may use Google Analytics to collect information about the use of the website.
Google Analytics collects information from users such as age, gender, interests, demographics, how often they visit our website, what pages they visit, and what other websites they have used before coming to our website.
We may use the information that we get from Google Analytics to analyse traffic, remarket our products and services to users, improve our marketing, advertising, and to improve our website.
We may enable Google Analytics advertising features such as remarketing with Google Analytics, Google Display Network Impression Reporting, and Google Analytics Demographics and Interest Reporting. Google Analytics collects only the IP address assigned to you on the date you visit our website. Google Analytics does not collect your name or any other identifying information.
We do not combine any information collected via Google Analytics with any personal data.
Google Analytics plants a permanent cookie on your web browser to identify you as a unique user the next time you visit our website. This cookie can be used only by Google – it cannot be used by anyone else. Google also uses specific identifiers to help collect information about the use of website.
For more information on how Google collects and processes your data, please visit: https://www.google.com/policies/privacy/partners/
You can prevent Google Analytics from using your information by opting out at this link: https://tools.google.com/dlpage/gaoptout
Google Ad and Content Network privacy notice
Third-party vendors, including Google, use cookies to serve ads based on a user’s past visits to our website. Google’s use of the DoubleClick cookie enables it and its partners to serve ads to our users based on their visits to our website and/or other websites on the Internet.
Users may opt out of the use of the DoubleClick cookie for interest-based advertising by visiting http://www.aboutads.info/choices/ European users should visit http://www.youronlinechoices.eu
Facebook remarketing
Facebook may use cookies, web beacons, and other storage technologies to collect or receive information from our website. That information may be used to provide measurement services and target ads. Facebook remarketing may cause you to see our ads on Facebook after you have visited our website. This is because Facebook uses a Custom Audience Pixel that is activated when a visitor lands on a web page and a unique “cookie” is placed in their browser. With Facebook lookalike audience targeting we are able to show ads on Facebook to people who are similar to those who have already visited or who may have made a purchase from our website.
You may opt out of Facebook’s collection and use of information for ad targeting by visiting https://www.facebook.com/help/568137493302217
Information that we do not collect
We do not collect any data concerning:
- Ethnicity or race
- Religious beliefs
- Criminal records
- Political leanings or opinions
- Memberships of political parties, trade unions and the like
- Sexual orientation
- Health and medical history
How your information may be used
We may use the information that we receive from you to:
- Provide any products and services that you have requested or purchased from us
- Personalise and customise our content
- Make improvements to our website
- Contact you with updates to our website, products, and services
- Resolve problems and disputes
- Contact you with marketing and advertising that we believe may be of interest to you
Communications and emails
When we communicate with you, we will use the email address that you provided when you registered as a member or user, or that you used when otherwise contacting us. We may also send you emails with promotional information about our website or offers from us or our affiliates unless you have opted out of receiving such information.
You can change your contact preferences at any time through your account, if such exists, or otherwise by sending us an email with your request.
Sharing information with third parties
We will never sell or rent your personal data to third parties for marketing or other purposes. However, for data aggregation purposes we may use your non-personal data, which might be passed to other parties at our discretion. Any such data aggregation would not contain any of your personal data. We may provide your personal data to any third-party service providers that we may hire to provide services to us. These third-party service providers may include but are not necessarily limited to: payment and other information processors, web analytics companies, website developers, data management services, computer system services, help desk providers, accountants, auditors, law firms, advertising networks, call centres, shopping cart providers, email service providers and shipping companies.
Legally required releases of information
We may be required by law to disclose your personal data if such disclosure is:
- Required by subpoena, law, or other legal process
- Required by revenue & customs authorities
- Necessary to assist law enforcement officials or government enforcement agencies
- Necessary to investigate violations of, or to otherwise enforce our Legal Terms
- Necessary to protect us from legal action or claims from third parties, including you and/or other users or members
- Necessary to protect the legal rights, personal/real property, or personal safety of our company and our other businesses, users, employees and affiliates.
Disclosures to successors
If our business is sold or merges in whole or in part with another business that would become responsible for providing the website to you, we retain the right to transfer your personal data to the new business. The new business would retain the right to use your personal data according to the terms of this privacy policy as well as to any changes to this privacy policy as instituted by the new business.
In addition we retain the right to transfer your personal data in the highly unlikely event of our business filing for bankruptcy and some or all of our assets being sold to another individual or business.
Forums and discussion boards
Our website may provide facilities for users to communicate with each other via a forum or other form of group discussion board. We do not filter or monitor users’ postings on such discussion boards. If you choose to post on these boards, you should exercise caution when disclosing any personal data. Such release of information is not protected by our privacy policy and we shall not be liable if you should choose to disclose your personal data through such postings. Any personal data that you may post on any public website could be available worldwide by means of the Internet. We cannot prevent the use or misuse by others of such information.
Change of purpose
We shall use your personal data only for the purpose(s) for which it was collected, unless we reasonably believe that we need to use it for some other purpose that is compatible with the original purpose.
If ever we should need to use your personal data for a purpose other than that for which it was collected, we shall contact you and explain our reasons for so doing.
Retaining and destroying your personal data
We retain information that we may collect from you (including your personal data) only for as long as we need it for legal, business, or tax purposes. Your information may be retained in electronic form, paper form, or a combination of both. When your information is no longer needed, we will destroy, delete, or erase it.
We are required by law to retain certain information about our customers, mainly in connection with taxation, for six complete tax years after they cease to be customers. Such information includes personal identity, contact details and financial and transaction information.
Updating your personal data
You can have your personal data updated by contacting us using the contact information found at the foot of this privacy policy. However, we may retain your personal data if needed to enforce our agreements and to comply with any legal obligations.
Revoking your consent for use of your personal data
You have the right to revoke your consent for us to use your personal data at any time. Such an opt out will not affect disclosures otherwise permitted by law including but not limited to:
- Disclosures to affiliates and business partners
- Disclosures to third-party service providers that may provide certain services for our business, such as payment and other information processors, web analytics companies, website developers, data management services, computer system services, help desk providers, accountants, auditors, law firms, advertising networks, call centres, shopping cart providers, email service providers and shipping companies
- Disclosures to third parties as necessary to fulfil your requests
- Disclosures to governmental agencies or law enforcement departments, or as otherwise required to be made under applicable law
- Previously completed disclosures to third parties
- Disclosures to third parties in connection with subsequent contests or promotions you may choose to enter, or third-party offers you may choose to accept.
If you should wish to revoke your consent for us to use your personal data, please send us an email stating your request.
Do not track settings
Some web browsers have settings that allow the user to ask that a website should not track the user’s movements within that website. Our website may not respond to such settings when transmitted to and detected by our website. You can learn how to turn off tracking features and other security settings in your web browser by referring to the browser’s user guide.
Protecting the right to privacy of third parties
You should not post to our website any information about third parties without first obtaining permission to include that information in your posting. We shall not be legally liable for the actions of our users and we shall remove any postings about which we are notified, if such postings should violate the privacy rights of others.
Links to other websites
Our website may contain links to other websites. These websites may not be under our control in which case they would not be subject to our privacy policy. These websites are likely to have their own privacy policies. We have no responsibility for such websites and any links to these websites are provided solely for your convenience. You acknowledge that your use of and access to any of these websites shall be wholly at your own risk. It is your responsibility to check the privacy notices of these websites to learn how they treat your personal data.
Protecting children’s privacy
Even though our website may not designed for use by anyone under the age of 18, we are aware that young persons under the age of 18 may accidentally access or may deliberately attempt to access our website. We will never knowingly collect personal data from anyone under the age of 18. If you are a parent or guardian and you believe that your child may be using our website, please contact us. Before we remove any information, we may ask for proof of identification to prevent malicious removal of account information. If we discover that a child is accessing our website, we will delete his/her information within a reasonable period of time. You acknowledge that we do not verify the age of our users nor do we have any liability to do so.
Our email policy
You always will be able to opt out of receiving email correspondence from us. We shall not pass your email address to any unaffiliated third party without your permission except in the sale or transfer of our business, or in the highly unlikely event that we should file for bankruptcy.
Our security policy
Our website has been built using industry-standard security measures and authentication tools to protect the security of your personal data. We and third parties who provide services for us, also maintain technical and physical safeguards to protect your personal data. If we should collect your credit card information through our website, we will encrypt it before it travels over the Internet using industry-standard technology for conducting secure online transactions. We cannot guarantee against the loss or misuse of your personal data or secure data transmission over the Internet because of its nature.
We restrict access to your personal data to only such employees, agents, contractors and other third parties who need access for the purpose of executing business on our behalf. They access your personal data only as instructed by ourselves and are subject to a duty of confidentiality.
We strongly urge you to protect any passwords that you may have for our website and not share them with anyone. You should always log out of our website when you finish using it, especially if you are sharing a computer or using a computer in a public place.
Use of your credit card
You may have to provide a credit card number to buy products and services from our website. We use third-party billing services and have no control over these services. We use our commercially reasonable efforts to ensure that your credit card number is kept strictly confidential by using only third-party billing services that use industry-standard encryption technology to protect your credit card number from unauthorised use. However, you understand and agree that we are in no way responsible for any misuse of your credit card number.
Transferring personal data from the European Union
Personal data that we collect from you may be stored, processed and transferred between any of the countries in which we operate, in particular (but not limited to) New Zealand, England, the United States and the European Union. The European Union has not found the United States and some other countries to have an adequate level of protection of personal data under Article 45 of the GDPR. We rely on derogations for specific situations as defined in Article 49 of the GDPR.
For European Union customers and users, with your consent, your personal data may be transferred outside the European Union to other countries. We will use your personal data to provide the goods, services and/or information that you request from us to perform a contract with you or to satisfy a legitimate interest of our business in a manner that does not outweigh your freedoms and rights.
Wherever we transfer, process or store your personal data, we will take reasonable steps to protect it. We will use the information we collect from you in accordance with our privacy policy. By using our website, services, or products, you agree to the transfers of your personal data described within this section.
Links to Third Party Websites
Included in this document are links to other websites which we have included for your ease of access. These linked websites will have their own privacy polices over which we have no control and in respect of which we have no responsibility.
This statement applies also to external links on our website which are governed by this privacy policy.
Disputes
You agree to use binding arbitration for any claim, dispute, or controversy of any kind (whether in contract, tort or otherwise) arising out of or relating to your use of this website and its material, including solicitation issues, privacy issues, and terms of use issues. You agree that any such arbitration will take place in and shall be subject to the laws of New Zealand. You further agree that in the event that you should be the prevailing party in any such action, you shall bear the cost of your own legal fees and other expenses. Notwithstanding anything stated herein to the contrary, we reserve the right to litigate you in a court of law in the jurisdiction of our choice.
In no case shall you have the right to go to court or have a jury trial. You will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; you agree that an arbitrator’s decision will be final and binding with limited rights of appeal.
Changes to this policy
We reserve the right to change this policy at any time and without notice in order to further protect you and ourselves and/or to comply with relevant changes in international laws.
If we should decide to change this policy, we may post notice of such change(s) on this website and also on any other websites and blogs but at all times it shall remain your responsibility to frequently check this page for any changes or updates. You should always presume that no notice of change will be given before or after any updates of this statement.
In all cases, your continued use of our website, services, and products after any change to this policy will constitute your acceptance of such change(s).
Questions
If you have any questions regarding this policy, please contact us at:
PO Box 355
Martinborough 5741
New Zealand
Email: Via the contact form on our relevant website
Telephone: +64 21 187 3223
Our Data Protection Officer may be contacted via our support desk at https://shogunsupport.com/support
This policy was last updated on 25th May 2018