Privacy Policy

Last updated: 9/12/2024

We are committed to respecting your privacy and ensuring the security of any personal information you provide to us.

Unless we expressly agree otherwise, any personal information you provide to us via this website (MGI NZ Site), any related MGI NZ social media accounts operated by us or otherwise in connection with the provision of our services to you, will be processed by us in accordance with this policy and all applicable privacy laws, including the Privacy Act 2020 (NZ) (Privacy Act).

This policy explains:

when and how we might collect personal information from you;

how we may use and disclose your personal information;
how we will store your personal information;
our use of cookies and similar analytics tools in connection with the MGI NZ Site;
your rights to request access to, and correction of, your personal information; and
how you can contact us if you have any other questions regarding our processing of your personal information.

In this policy:

applicable privacy laws means the Privacy Act together with all other data privacy laws applicable to our processing of your personal information;
personal information has the meaning given in applicable privacy law, generally meaning identifiable information about you. If you cannot be identified (for example, when personal information has been aggregated and anonymised) then certain parts of this policy may not apply to that information; and
where we refer to processing your personal information, we mean all activities relating to our use of that personal information, from its collection through to its storage and disposal and everything in between.

In this policy, references to we, us, and our, refer to Brittain Wynyard & Co Limited (NZ company number 666926). The MGI NZ Site is operated by us as the exclusive distributor of MGI products in New Zealand. For more information on how to reach us please see the “Contact us” section below.

We encourage you to read this policy carefully. If you have any questions, please contact us using the details set out at the bottom of this policy.

COLLECTING YOUR PERSONAL INFORMATION

The ways we may collect your personal information can be categorised into:

information you provide us directly (i.e. by submitting orders for MGI products through the MGI NZ Site);
information which is collected through the use of cookies and similar technologies used on the MGI NZ Site; and
information we collect from third parties.

Information you provide to us directly

The information you may provide to us may include:

data allowing us to get in touch with you. This contact data may include your name, email address, telephone number, postal address, and/or communication preferences;

information contained in or relating to any communication that you send to us or that we send to you;

information relating to transactions, including your orders for MGI products from us, including through the MGI NZ Site; and

data about your use of the MGI NZ Site and our services.

If you choose not to provide us with your personal information, then we may be unable to facilitate your orders for MGI products or services, and/or some functions and features on the MGI NZ Site may not be available to you.

Information collected through cookies

The MGI NZ Site uses cookies. A cookie is a file that stores information about you and your behaviour on the internet. Cookies are created by a web server when you browse a website and are stored on your web browser. Cookies are accessed by a webserver upon entering a website. Cookies used on this website enable some of the website's essential functionality and help us provide the best possible service to you by tailoring our services to best suit your preferences

The MGI NZ Site uses cookies to:

help us analyse the use and performance of the website and services;
identify you as you navigate the MGI NZ Site (for example to record items you wish to purchase in your shopping cart);
personalise your experience by storing your preference;
protect our user accounts and our services generally; and
tailor advertising and display advertising that will be most relevant to you.

Most internet browsers give you the option to reject all cookies, accept all cookies, erase cookies stored on your device or be notified before a cookie is stored on your device. However, if you reject or erase the cookies referred to above some functionality or features of the MGI NZ Site may not function properly or be fully available.

Please refer to your internet browser instructions if you want to find out more about rejecting or blocking cookies.

Information collected from third parties

Where we have your consent or where otherwise permitted by law (e.g. where the source of the information is publicly available), we may collect personal information about you from third parties, including our brand partner MGI Golf Pty Limited and its related entities (together the MGI Group). You acknowledge and agree that we may collect personal information about you directly from the MGI Group to the extent reasonably necessary to enable us to fulfil the purposes outlined in the "Use and Disclosure" section of this below.

Where you provide us with any personal information about a third party, you must have that third party's consent to do so. By providing us any third party personal information, you warrant that you have that third party's permission to provide that information to us.

Minors

If you are under 18, you should only use the MGI NZ Site with involvement of a parent or guardian. For their protection, we ask that anyone under 18 years of age does not attempt to register a profile on the MGI NZ Site or otherwise provide us with any personal information without the consent of a parent or legal guardian.

USE AND DISCLOSURE OF YOUR PERSONAL INFORMATION

We will primarily use your personal information to provide you with any MGI products and/or related services you have requested and to otherwise facilitate our relationship with you.

We may also use your personal information:

communications – to monitor, respond to and/or keep records of our e–mail communications and other correspondence with you;
transactions – to provide our products and services to you, provide you with information in respect of those products and services, generate invoices and other payment–related documentation as well as verifying your identity for the purposes of processing any transaction;
operations – to operate, improve and enhance the MGI NZ Site and our services. We may analyse the use of the MGI NZ Site and our broader services to ensure the site and our services are provided in the most effective manner for you;
marketing – if you opt–in to receive information about our promotional offers and/or newsletters from us (including promotions relating to MGI products as well as other products, services and/or events we consider may be of interest to you), we may use your personal information to contact you by email and/or post with the information you have opted–in to receive;
running competitions – to facilitate community competitions and/or promotions;
customer support – to support your use of our products and/or services, this may include assisting with the resolution of product issues or other issues relating to the MGI NZ Site, whether by email or otherwise;
record keeping and reporting – to create and maintain our databases, back–up copies of our databases and business records generally. We may also use your personal information to produce aggregated and anonymised analytics and reports, which we may share publicly or with third parties;
security – in order to detect and/or prevent any illegal activity that may threaten us, or our operations;
risk management – where necessary for the establishment, exercise, or defence of legal claims. We may also use your personal information where necessary for the purposes of obtaining or maintaining insurance, managing risks and/or obtaining professional advice;
compliance – in order to comply with any applicable laws and/or regulations or in order to protect your vital interests or the vital interests of another natural person; and
consent – where we otherwise have your consent, in accordance with that consent, or to the extent otherwise permitted by applicable privacy law.

How we may share your personal information

We may disclose your personal information:

to our brand partners, including the MGI Group to the extent required to support the provision of our products and/or services to you and to otherwise enable us to fulfil the purposes outlined in this policy above. This may include, where you have opted-in to receive marketing and promotional materials from our brand partners, to enable our brand partners to market and promote their products and services to you;
to third parties who assist and enable us to use your personal information to support delivery of our products and services to you and otherwise support our business operations. These third parties are required to keep your information confidential and use it only for the purposes for which we are permitted to use it;
an actual or potential buyer (and its agents and advisers) in connection with an actual or proposed purchase, merger, or acquisition of any part of our business;
to regulators, law enforcement bodies, government agencies, courts or other third parties where it is necessary to comply with any applicable law or regulation, or to exercise, establish or defend our legal rights;
where the disclosure is otherwise required or permitted by law.

The third parties to whom we disclose your personal information may be located within or outside New Zealand. Where any disclosure is to an overseas third party we will only make that disclosure in accordance with the requirements for overseas transfers of personal information as set out in the applicable privacy law.

You may request more information about the safeguards that we have put in place in respect of overseas transfers of your personal information by contacting us using the details below.

OPT-OUT/UNSUBSCRIBING FROM ELECTIONIC MARKETING OR PROMOTIONAL COMMUNCATIONS

If you opted–in to receive information about our promotional offers and/or newsletters from us (including promotions relating to MGI products as well as other products, services and/or events we consider may be of interest to you), you can easily unsubscribe at any time you want to such electronic communications by contacting us or by using the 'unsubscribe' facility contained in the relevant communication.

Please note there may be a slight delay between your opt-out request and the opt-out taking effect, so you may receive such communications from us for a short interim window after your request is received.

For the avoidance of doubt, by opting–out or unsubscribing yourself from one of our mailing list, this will ensure your removal from that particular mailing list but will not guarantee your removal from other mailing lists of ours of our brand partners to which you may be subscribed as a result of your engagement with a different service or product.

INFORMATION QUALITY

Our goal is to ensure that any personal information we hold about you is accurate, complete, up-to-date, relevant and otherwise not misleading. Please contact us using the details provided below, if you have reason to believe that any personal information we hold about you is incorrect or has changed so we can update our records.

PROTECTING YOUR PERSONAL INFORMATION

We will not keep your personal information for longer than is reasonably necessary to fulfil the purposes outlined in this policy. We are committed to keeping your personal information as safe and secure as possible and we follow generally accepted industry standards to protect the personal information submitted to us.

While we continuously implement and update our administrative, technical, and physical security measures to help protect your personal information against unauthorised access, loss, destruction, or alteration, we cannot guarantee the security of the transmission or storage of your personal information.

YOUR RIGHTS

Under the Privacy Act, you have certain rights in connection with your personal information, including rights to request access to, and correction of, your personal information. These rights are subject to certain limitations and exceptions as set out in the Privacy Act.

If you wish to exercise any of the rights described above, please contact us using the details provided below.

If you are unsatisfied with the handling of your request, you may contact the Office of the Privacy Commissioner in New Zealand for review of our handling of your request.

CHANGES TO THIS POLICY

We may need to update this policy from time to time, including when necessary to reflect changes to the MGI NZ Site, updates to our services or to reflect any change in law.

When we update this policy, we will revise the “Last updated” at the top of this policy. Where the changes are material, we will use reasonable endeavours notify you – usually by prominently posting a notice of those changes on the MGI NZ Site or by sending you an email.

INTELLECTUAL PROPERTY RIGHTS IN MGI NZ SITE CONTENT

All intellectual property rights in the content, photography and other materials on the MGI NZ Site (MGI NZ Material) is owned by us or our licensors. You may only copy or reproduce any MGI NZ Material for the purpose of browsing the MGI NZ Site or making a copy for your own personal, private or research use in accordance with all applicable intellectual property laws. You may not alter or modify any MGI NZ Material or remove any legal notice associated with such materials.

If you have any questions or concerns about this policy or our processing of your personal information, you can contact us by emailing us at info@mgigolf.co.nz.