dusk New Zealand Privacy Policy

dusk is fully committed to protecting the privacy and to ensuring that your personal information is handled in accordance with the applicable Privacy Laws.

This Privacy Policy sets out how we will collect, use, protect and share the personal information we collect about you and your privacy rights. By accessing our Website, using our products or services or otherwise providing us with personal information, you authorise us to collect, use and disclose your personal information in accordance with this Privacy Policy. This Privacy Policy applies in addition to and does not limit each party’s rights and obligations under applicable Privacy Laws.

Terms used in this Privacy Policy have the meaning given to them at the end of this Privacy Policy.

Kind of personal information we collect

The types of personal information we may collect include:

• name and contact details (e.g. address, email and telephone number);
• demographic information (e.g. date of birth and gender);
• stated or anticipated preferences, opinions and interests relevant to dusk (e.g. whether you may be interested in particular products or promotions);
• information about your membership or participation in our loyalty programs and competitions organised by us;
• financial and payment details, e.g. when orders are placed or paid for online;
• other details related to your shopping experience or dealings with us;
• human resources information, e.g. job applications, background checks, performance, conduct, training, drug/alcohol checks and use of IT; and
• for investors, information relating to your application or shareholding, e.g. the number of shares you hold or seek, any power of attorney you grant, your shareholder reference number or holder identification number and your tax file number if you choose to provide it.

Where you provide us with personal information about another person you must have their consent to do so based on this Privacy Policy.

How we collect personal information

We typically collect your personal information directly from you:

• when you provide information to purchase products, sign up to receive direct marketing information from dusk, enter competitions, apply for our dusk rewards Loyalty Program online or in-store, apply for a position with us;
• when you interact with us on the phone, via email, or using our instant messaging and other application functions (including through our social media pages);
• through records of your activity (e.g Website/IT usage (see 'your online activities' section)); and
• by generating new information (including predictions) based on other information about you or attributed to you.

We may also collect your personal information from a third party if you have authorised them to provide, or authorised us to collect that information. This includes third party sources listed in the 'Disclosure of your information' section, publicly available information, our business partners, our service providers and, for job applicants, referees and academic institutions.

Why we collect your personal information

We collect personal information (and may use and disclose it) for a variety of reasons including to:

• deal with your complaints, returns, enquiries and requests
• operate our business;
• provide and improve our products and services;
• personalise your experience with us;
• assist you in the completion of your application, the assessment of your eligibility for our loyalty programs and competition you chose to become a member of or enter into;
• comply with our legal obligations, respond to requests from law enforcement and government agencies or exercise our legal rights;
• recruit, train and manage our team;
• facilitate your investments and investor services;
• maintain and update our records; and
• facilitate a sale or restructure of our business.

and for any other purpose authorised by you.

If you do not provide your personal information, we may not be able do these things, for example we may not be able to provide you with our services, fulfil your requests or enable and facilitate your employment or investments with us.

Our online platforms

Our Website

When you browse through our Website, we collect (including through third parties) information on the efficiency and working of our Website. This information includes the number of times a web page is accessed, the browser used, and paths taken when moving through the Website. This information is used to improve the functionality of our Website and personalise your shopping experience.

In particular, our Website uses cookies to track your "Shopping Cart" during your visit.

A cookie is a small piece of information that a server sends to a client. When you visit a website with cookie capabilities, its server sends certain information about you to your browser which is stored on your hard drive as a text file. At some later time (such as returning to the site the next day), the server retrieves the cookie. It's a way for the server to remember things about you.

When you visit our Website, third parties may place cookies on your browser to allow them to complete targeted advertising campaigns as detailed below.

Most browsers allow you to choose whether to accept cookies or not. You may experience trouble when using our website if your privacy settings are set too high or you do not have cookies enabled.

Third party social media sites

You may use the social media links on our Website to connect with us on our social media pages (for example, Facebook, Twitter, Instagram, Pinterest).

When you communicate or interact with us using these services we may collect your personal information.

Third party social media sites may also collect and handle your personal information for their own purposes for example your IP Address and set cookies on our website to make sure the links function properly. Your use of these and other third party sites is out of dusk's control and is governed by the privacy policies of the particular sites. Please do not use these sites if you do not agree with your personal information being potentially accessed by these sites.

Please note that these social media sites are public, and any information you post on these site may be read, collected or used, by anyone, subject to any privacy settings you may be able to customise depending on the site.

Marketing

Direct Marketing

We will communicate directly with you by email, sms and other electronic means of communication to promote our goods and services. We may collect your email address or phone number from you directly or through our Website, your application to our dusk rewards loyalty program, our stores, when you enter competitions, when you place an order, or from other traders where you have requested that this information be shared with dusk from that trader.

You may easily request not to receive direct marketing material by selecting the option to unsubscribe set out in our direct marketing communications.

Personalised Advertising

dusk uses third party ad tech providers such for targeted advertisements. You can opt out of targeted campaigns by looking for an AdChoices logo on the advertisement (the blue triangle) in the corner. Click the logo to learn more about interest-based advertising, who served the ad, and manage your ad options. You can also opt out of seeing personalised ads using the NAI (Network Advertising Initiative) opt out tool at optout.networkadvertising.org . Please note you will still see ads even if you opt out, but they will not be personalised.

Disclosure of your information

We may disclose personal information to third parties including:

• our related companies in Australia or New Zeland;
• service providers who assist us in our day-to-day business operations and as part of promoting the buying or selling of businesses and brands (e.g. providers of freight, credit card, banking, database and rewards program management, personalisation of receipts, newsletter subscription and share registry services);
• government and law enforcement agencies (e.g. in connection with lawful information requests);
• professional advisers (e.g. lawyers, accountants and consultants)

Some of the third parties described above may be based in countries outside of New Zealand including Australia, Singapore, India, the United States and Hong Kong. When we transfer personal information outside of New Zealand we will ensure that we comply with applicable Privacy Laws.

These parties will often be subject to obligations to protect the personal information they have access to, but we will not always ensure they meet specific requirements of Australian Privacy Laws, and where you agree to this Privacy Policy you acknowledge the increased level of risk your personal information may have when disclosed to entities outside of the country you are based in.

Security

We take protecting the security of personal information seriously and are subject to strict requirements to protect personal information against misuse, interference and loss, as well as unauthorised access, modification and disclosure. These obligations apply whether we hold the information in physical or digital form.

Our credit card processing vendor uses secure socket layer (SSL) technology. We also use a number of other security measures including firewalls, user access restrictions, locked premises and files, software security updates, data backups and contractual protections where we use service providers.

Unfortunately, due to the nature of the internet, security of your personal information that you transfer to us over the internet cannot be guaranteed. To the extent available under the law, dusk shall not be responsible or liable for any loss of privacy, disclosure or information, harm, damage or loss that may result from you transmitting information to us in connection with this Website.

Accessing and updating Personal Information

We will take reasonable steps to ensure that your personal information which we collect, use or disclose is complete and up-to-date and we rely on you to update us if personal information that you have provided to us changes.

You, or your authorised representative, can request access to and correct any information we hold by contacting our Privacy Officer at the contact details set out below. We may require you to verify the authorisation, and charge a fee to reflect our reasonable costs of responding to your request. We will advise you of the cost in advance if applicable.

We will take reasonable steps to correct personal information we hold if it is inaccurate or incomplete on your request without charge. Please contact our Privacy Officer. In many cases, you will be able to correct information yourself online (e.g. when you go to the "checkout" to purchase goods, or respond to competitions or offers).

We reserve the right to refuse your request for access or correction if we are legally entitled to do so.

Revision of Privacy Policy

We may need to update this Privacy Policy in future to reflect changes to applicable Privacy Laws or changes to our business practices. By continuing to access our Website, you will be deemed to agree to our updated Privacy Policy. The variation will take effect on the date the notice is posted on the Website and will apply to all personal information that we hold about you.

Contact dusk about your Privacy or this Privacy Policy

If you have any questions about this Privacy Policy, or wish to make a complaint about the way your personal information has been collected, held or used, please contact the Privacy Officer.

Complaints may also be made in-store and will be passed on to the Privacy Officer.

We aim to respond to your complaint promptly and in accordance with applicable legislative timeframes.

If you have any query about how your personal information will be dealt with and protected please do not hesitate to call the Privacy Officer.

Defined Terms