Customer Ratings and Reviews and Questions and Answers Terms Of Use and Privacy Statement

Customer Ratings and Reviews and Questions and Answers Terms Of Use


These Terms of Use govern your conduct associated with the Customer Ratings and Reviews and/or Questions and Answers service offered by Kathmandu (the "CRR Service").

 

By submitting any content to Kathmandu, you guarantee that:

  • You are the sole author and owner of the intellectual property rights in the content;
  • All "moral rights" that you may have in such content have been voluntarily waived by you;
  • All content that you post is accurate;
  • You are at least 16 years old;
  • Use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity;
  • You have used or purchased the product/service you are reviewing and the content presented is setting out your first hand experience of using or purchasing the product.

You further agree that you may not submit any content:

  • That is known by you to be false, inaccurate or misleading;
  • That infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  • That violates any law, statute, ordinance or regulation (including, but not limited to, those governing, consumer protection, unfair competition, anti-discrimination or false advertising);
  • That is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
  • For which you were compensated or granted any consideration by any unapproved third party;
  • That includes any information that references other websites, addresses, email addresses, contact information or phone numbers;
  • That contains any computer viruses, worms or other potentially damaging computer programs or files.

You agree to indemnify and hold Kathmandu (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, including but not limited to Yotpo), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.

 

For any content that you submit, you grant Kathmandu a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.

 

All content that you submit may be used at Kathmandu's sole discretion. Kathmandu reserves the right to change, condense, withhold publication, remove or delete any content on Kathmandu's website that Kathmandu deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms of Use. Kathmandu does not guarantee that you will have any recourse through Kathmandu to edit or delete any content you have submitted. Ratings and written comments are generally posted within two to four business days. However, Kathmandu reserves the right to remove or to refuse to post any submission to the extent authorized by law. You acknowledge that you, not Kathmandu, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of Kathmandu, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.



Last updated 5 September 2024

 

At Kathmandu we take your privacy seriously. The purpose of this Privacy Statement is to inform you about how we collect and manage your personal information. 

This Privacy Statement should be read in conjunction with any terms and conditions provided to you.


Who is Kathmandu?

Kathmandu is a leading global outdoor lifestyle brand whose journey began in Aotearoa over thirty years ago. We’re on a mission to improve the wellbeing of the world by getting more people outdoors, because nature has a positive transformative effect on us all.  It makes us more happy, open, free and fun.  Outside is where we live our best lives. And that’s why we’re all about creating the best responsibly made outdoor gear – to get people to experience nature’s benefits more often. 


Kathmandu consists of the following legal entities:

Country

Legal Entity

New Zealand

Kathmandu Group Limited

Kathmandu Limited

Australia

Kathmandu Pty Ltd

UK

Kathmandu (U.K) Limited


Who is KMD Brands?

KMD Brands is a global outdoor, lifestyle and sports company, and certified B Corporation. The Group consists of three iconic brands: Kathmandu, Rip Curl and Oboz. For more information about KMD Brands, please click here.


What personal information do we collect?

We may collect the following personal information from you. We may also collect personal information about you from trusted third parties who have your consent to provide this information to us.

If you choose not to provide certain personal information you should be aware that we may not be able to provide you with products and services. 

We collect personal information directly from you when you:


Visit our stores

  • When you visit our stores we may collect:
  • Close-Circuit Television (CCTV) footage
  • Details of items purchased and payment details
  • Your contact Information
  • Your areas of interest, style, and size preferences
  • Details of your enquiry or complaint
  • Feedback on our services provided by you.


Interact with our website, social media channels or adverts


When you visit our website we may collect:

  • Details of items purchased and payment details
  • Your contact Information
  • Details about your location
  • Your delivery and billing address
  • Your areas of interest, style, and size preferences
  • Your login details
  • Details of your enquiry or complaint
  • Feedback on our services provided by you
  • Details about your computer and browser
  • Your interactions with our website, including the pages you click on.


Join our loyalty program


When you join our loyalty program we may collect:

  • Your contact Information
  • Your gender
  • Your date of birth
  • Your login details
  • Feedback about your use of Apple Wallet or Google Pay
  • Details about your location.


Rent Equipment


When you rent equipment we may collect:

  • Your contact Information
  • Your date of birth
  • Confirmation of your identity
  • Details about your location
  • Details about your proposed usage.


Contact us or provide a product review


If you contact us we may collect:

  • Your contact Information
  • Details of your enquiry or complaint
  • The contents of your communication
  • Feedback on our services provided by you
  • A recording of our phone conversation.


Enter a competition, promotion, sweepstakes, contest, or survey


If you enter a competition, promotion, sweepstake, contest, or survey we may collect:

  • Your contact Information
  • Your date of birth
  • The entry details.


Make an application to be a wholesale customer


If you apply to be a wholesale customer we may collection:

  • Your contact Information
  • Your postal and residential address 
  • Your date of birth
  • Information about your credit application
  • Payment details.


Apply for employment with us


If you apply for employment with us, we may collect:

  • Your contact information
  • Your address
  • A copy of you curriculum vitae
  • A cover letter
  • Information about your salary expectations
  • Details of current work permit or visa
  • Details regarding your availability to work
  • Information about existing medical conditions
  • Information about your fitness to work including the results of medical and photometric testing
  • Details of any convictions
  • Your credit rating
  • References.


We may also collect personal information about you from a third party or a publicly available source, including social media. We also work closely with third parties (for example, business partners, joint marketers, advertising networks, analytics providers, social media companies and search information providers) and may receive information about you from them. We may combine this data with other information we collect. 


What personal information do others collect?

If you use our services while logged into the following services, then they will collect information about your browsing as detailed in their privacy policies.


If you register your loyalty card in:

  • Apple Wallet, Apple may access information about the use of your card in accordance with Apple’s Privacy Policy. 
  • Google Pay, Google may access information about you and the use of your card in accordance with Google’s Privacy Policy.

We use Google Analytics to collect information about your browsing habits while using our services. As detailed within Google’s Privacy Policy, Google may share this information publicly and with their partners.


How do you use tracking technologies including cookies?

We use cookies for a variety of purposes including to make your online experience more efficient and enjoyable. A full list of cookies is available here

You may choose which cookies you wish to accept. If you do not accept all cookies, please be aware that you may lose some of the functionality of the website.

We work with third party suppliers who may also set cookies on our website, for example Google Analytics and Facebook. These third party suppliers are responsible for the cookies they set on our site. If you want further information, please go to the website for the relevant third party.


How do we use your personal information?

We use your personal information for a variety of reasons including:

  • Enabling you to purchase products from us, to process your orders and deal with administrative issues
  • Allowing you to use features of our products and services, when you choose to do so
  • Allowing you to rent equipment from us
  • Locating our products and equipment
  • Answering your inquiries and delivering customer service to you
  • Administering our loyalty program, including communicating with you about your membership
  • Enabling you to enter contests, promotions, or events that we promote or run
  • Satisfying your warranty or product service or repair requirements
  • Providing you with information about products, promotions, functions, or events, including those of KMD Brands entities and selected partners
  • Enabling selected third parties to provide you with information about other products or services that we think may be of interest to you
  • Delivering and measuring the effectiveness of advertising we serve to you and others
  • Undertaking research to understand our customers, and making improvements to our products, services, purchasing and customer support processes
  • Administering our site for internal operations, including troubleshooting, data analysis, testing, research, security, statistical and survey purposes
  • Enabling us to consider applications for wholesale clients
  • Recruitment of staff
  • Meeting our legal or compliance obligations
  • Managing and resolving any legal or commercial complaints and issues
  • Enforcing the law.

We may send marketing or promotional communications to you where you have indicated you would like to receive these, including about our products, services, or brand. If you do not wish to receive such communications, please contact us and we will respect your request and cease future communications. You can also unsubscribe via the relevant link in the email you received.


What legal basis do we have for processing your personal information?

Generally, we collect personal information from you where processing is necessary for the performance of a contract to which you are party, where we have your consent, or where processing is necessary for the purposes of our legitimate interests.

If you wish to discuss the legal basis your personal information is processed on for a specific circumstance, please email us at privacy@kathmandu.co.nz.

Where we process personal information based on your consent, you may withdraw your consent at any time. Despite the above, we may process your personal information where such processing is necessary for compliance with applicable laws.


Who do we share your information with?

We may share your information in the following circumstances:

  • With other entities within the KMD Brands Limited group.
  • If you voluntarily enter contests, promotions, or events that we promote or run, we may publicly disclose the name and location (city) of winners.
  • If you register your loyalty card in Apple Wallet or Google Pay, then we will share your membership number and the associated barcode with Apple or Google (as the case may be) in order to facilitate the use of your loyalty card within Apple Wallet and Google Pay.
  • To advertisers and advertising networks that require data to select and serve relevant adverts to you and others. 
  • Subject to your opt-in and/or opt-out rights, to third parties for their own marketing purposes such as co-sponsors of events or activities.
  • Where we are using Google Analytics your information will be disclosed to google for use as detailed within Google’s Privacy Policy, Google may share this information publicly and with their partners.
  • In the event that we buy, sell, reorganise, merge or dissolve businesses or assets, in which case we may disclose your personal information to the prospective seller or buyer of such business or assets.
  • To law enforcement, regulatory bodies, legal advisors or similar third parties.
  • To allow us to complete pre-employment checks including confirming your criminal history, obtaining your credit rating and checking your references.
  • In an anonymous form with carefully selected third parties, where there is an identified benefit to some or all of the customer base (for example, environmental protection research). This data will not identify you.

We do not disclose your personal information to any third party other than those described previously, subject to where we are legally required to do so or where you have provided consent.


How do we secure your information?

Your personal information is held in a controlled and secure environment. We use appropriate technical, organisational, and administrative security measures to protect any information we hold from loss, misuse, and unauthorised access, disclosure, alteration, and destruction.

Please do not enter any credit card details or sensitive personal information when contacting us via email, or through our website “Contact Us” form.


Do we use automated decision making or profiling?

We do not use automatic decision making. 

We collect personal information about you when you browse our website and purchase items from our stores. We use this information to personalise your browsing and shopping experience. 

We do this by using software to analyse information collected and to determine which products and offers you may be interested in based on defined segmentations. 

We then use these insights to provide you with tailored product and offer recommendations and information which may assist you in your decision making. 


Do we sell your personal information?

We may share your personal information among our affiliated companies and with third parties who provide valuable services to us. 

However, we do not sell your personal information for money.


How long do we keep your information?

We will keep your personal information:

  • Until we no longer have a valid reason for keeping it
  • Until you request us to stop using it
  • For as long as required by law.

We may keep just enough of your personal information to ensure that we comply with your requests for deletion.


Where do we hold your information?

We hold your information worldwide. Wherever your information is held we ensure your rights are protected. We do this by

  • Ensuring we have suitable legal contracts in place; and
  • Holding information in countries with an adequacy decision (note New Zealand is one of these).


What are your rights?

In relation to your personal information, you have the following rights.


Your Right

How We Protect Your Right

The right to be informed

We have published this Privacy Statement to keep you informed as to what we do with your personal information. We strive to be transparent about how we use your personal information.

The right to access

You have the right to access your information. Please email us at privacy@kathmandu.co.nz if you want to access the personal information that we hold about you.

The right to correction

If the information we hold about you is inaccurate or not complete, you have the right to ask us to rectify it. You can correct your information either within your account or by emailing us privacy@kathmandu.co.nz.

The right to deletion

This is sometimes called ‘the right to be forgotten’. Please email us at privacy@kathmandu.co.nz if you want us to delete all your personal information. 

The right to restrict processing

You have the right to ask us to restrict how we process your personal information. This means we are permitted to store the data but not process it. If you want us to restrict processing of your information, please email us at privacy@kathmandu.co.nz.

You have the right to opt out of having their personal information sold. If you wish to opt out of having your personal information sold, please email us at privacy@kathmandu.co.nz.

The right to data portability

If you wish to port your information, please email us at privacy@kathmandu.co.nz.

The right to object

You have the right to object to how we process your personal information. If you wish to object, please email us at privacy@kathmandu.co.nz.

The right to withdraw consent

If you have given us your consent to process your personal information but change your mind later, you have the right to withdraw your consent at any time. If you want to withdraw your consent, please email us at privacy@kathmandu.co.nz.

The right to complain to a Supervisory Authority

You have the right to complain if you feel that we have not responded to your requests to solve a problem. The relevant Supervisory Authority will depend on your location.


Have a question or a concern?

In the first instance, please contact us at privacy@kathmandu.co.nz.

If you consider that your query or privacy concerns have not been resolved satisfactorily by us or you wish to obtain more information on privacy requirements, you can contact your local Privacy Regulator.


Will you change this privacy statement?

We may change this statement from time to time in the future. Any such changes will be posted here. We advise you to check back frequently to see any updates or changes.


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