Hallmark Surgical Limited is committed to maintaining the privacy of the information of its customers and visitors to its websites.

The purpose of this privacy policy is to describe how we collect, store and use your personal information.

In this privacy policy:

• • all references to we, our or us are to Hallmark Surgical Limited, a New Zealand company (NZBN 9429041667637), as well as our affiliate and subsidiary companies; and
  • all references to you or your in this privacy policy are to an individual who is the subject of the personal information.

What is Personal Information?

In this privacy policy, all references to Personal Information are to information or an opinion about an identified individual, or an individual who is reasonably identifiable.

Personal Information may include things like your name, your age or gender, your contact details (including phone numbers and email addresses), your location, biometric data about you, or a picture of you. It may also include information about your health, employment, finances, payments, opinions, preferences or beliefs.

If any information we collect personally identifies you, or enables you to be identified, then it will be Personal Information.

What Personal Information do we collect?
We may collect Personal Information about you in the course of operating our business or websites, including our website located at www.hallmarksurgical.com. The types of Personal Information we collect are described below.

We may not be able to provide you with the products or information requested by you, if you choose not to provide us with this Personal Information.

• • Your name and contact details (including addresses, phone numbers and email addresses): We may collect this information whenever we deal with you, for example when you order products from us, request information from us, or deal with our staff or customer services representatives or other agents.
  • Passwords or user-names: We may collect passwords or user-names from you when you establish a user or customer account with us.
  • Your age or date of birth: You may be required to provide this information to us for identity verification purposes, or where required to verify that you are legally entitled to access certain products.
  • Payment details: We may collect payment details from you whenever you order products from us. But we will not collect, store or process any credit card information on our websites. Any credit card payments made by users via our websites will be processed by third-party payment platform providers.
  • Information about your interests and preferences: We may collect this information when you access or browse our websites. For example, our cookies and tracking software may collect details of the pages you visit on our websites in order to better provide you with details of products that may be of interest to you.
  • Other information you provide: During our dealings with you, we may collect your Personal Information in circumstances other than the ones described above. These circumstances may include where you provide us with Personal Information in the course of interacting with us through online forums, live chats or social media.
  • Information we request: We may sometimes request additional Personal Information from you to enable us to provide you with specific information about our products, to tailor our products to your specific needs, or to provide you with support or assistance in relation to products you have already purchased.

We may collect Personal Information from others

We may sometimes collect Personal Information about you from other people, such as our contractors, agents or service providers when they provide services to us or assist us to provide products to our customers. These may include IT services providers, couriers and delivery service providers, call centres, finance providers, collection agencies or professional advisers.

We may also collect Personal Information about you from other users or customers of our products. For example, we may collect Personal Information about you when a customer gives us your contact details in relation to particular products.

Why we process Personal Information

We use and process Personal Information where necessary to perform our business activities and operate our websites, and to provide products to our customers.

In particular, we use and process Personal Information for the purposes below.

• • To provide you with products.
  • To provide you with information about our products.
  • To complete sales transactions, including billing, credit card processing, payment, receipt, credit check and verification services.
  • To provide support and assistance in connection with products purchased or ordered by you, for example to manage warranty issues or to provide support in the event of an issue with our products.
  • To maintain our internal records.
  • To verify your identity.
  • To communicate with you in response to requests for information.
  • To establish, maintain and operate user or customer accounts you may hold with us.
  • To enable you to access secure areas of our websites (for example, where access is by user- name and password only).
  • To provide you with information or notices about our websites, for example email updates about service availability.
  • To provide technical support and administration services in relation to our websites and any products ordered by you.
  • To personalise and customise your experience with us.
  • For product development, planning or research purposes.
  • For strategic planning or development purposes in connection with our business, including assessing the ongoing needs and requirements of our business.
  • To evaluate customer satisfaction and the performance of marketing activities.
  • To conduct business processing functions in relation to the operation of our business.
  • To conduct competitions or promotions that you have chosen to participate in.
  • To keep you informed about products, events, promotions or any other marketing activities, but only to the extent permissible under applicable laws, and subject to any other restrictions contained in this privacy policy.
  • To help prevent unlawful activity.
  • To investigate and take action in connection with any suspected unlawful activity, or suspected breaches of any agreement between you and us.
  • To evaluate, defend or otherwise deal with any claim by you in relation to any of our products, or otherwise in connection with our business activities.
  • Where otherwise reasonably necessary to enable us to undertake our legitimate business activities.
  • Where otherwise specified in this privacy policy.
  • Where otherwise required or permitted by any law (including the Privacy Act 2020 (NZ) and the Privacy Act 1988 (Australia)).

We may provide your Personal Information to third parties where reasonably necessary for any of the purposes above. These may include IT service or software providers, cloud storage providers, distributors, suppliers, resellers, call centres, couriers, transportation providers, logistics providers, collection agencies, finance providers, consultants, business partners, professional advisers, governmental agencies, enforcement agencies, our directors and shareholders, our financiers, our investors, and key stakeholders in our business.

Cookies

Our websites may use cookies or other tracking technologies. Cookies are small text files that are placed on computers, devices or browsers used to access websites, apps or other internet content.

We may use cookies or other tracking technologies for the purposes below.

• • To recognise your computer or device when you access our websites, without requiring a login.
  • To keep track of the products or you view, so we can send you information about those products, or about other products that we think you may be interested in.
  • To learn about user preferences so that we can present users with content and advertising that is relevant to them.
  • To measure traffic patterns, to determine which areas of our websites have been visited, and to measure transaction patterns in the aggregate.
  • To research the habits and preferences of our users so we can improve our products offerings.
  • To allow us to operate our websites efficiently.
  • To measure the effectiveness of our marketing activities.

You may be able to change the settings on the device that you use to access our websites in order to reject or limit the use of such cookies or tracking technologies. But if you do so, it may reduce or limit the functionality of our websites.

Statistical and aggregated data

During the course of our dealings with you we may collect statistical data about you, including through the use of cookies or other tracking technologies (see the above section), or through other means.

We may disclose this statistical data, or other data we hold based on Personal Information collected by us, for any purpose not otherwise permitted under this privacy policy. But we will only do so on an aggregated basis and in a way that ensures that no individual is able to be identified from such statistical data.

We will not sell any of your Personal Information to any person, unless you have expressly given us permission to do so.

Direct Marketing

We may use Personal Information collected by us to send or email to you marketing or promotional information about our products, or the services or products of other companies (Direct Marketing Information), but only if you have expressly given us permission to do so.

If you give us permission to send to you Direct Marketing Information, and later decide that you do not want us to send you further Direct Marketing Information, you can contact us at any time to request that we stop sending you this information. You can either contact our Privacy Officer (see the details at the end of this privacy policy) or use the “Unsubscribe” facility at the bottom of any Direct Marketing Information email or communication that we send you.

Business acquisition

We may transfer your Personal Information to another entity in connection with a sale of our business or assets, or a merger or consolidation or restructuring of our business or company, or any other transaction in which a third party acquires ownership of any rights in any of our websites.

If we transfer any of your Personal Information in such circumstances, we will ensure that the recipient of that Personal Information agrees to be bound by privacy practices and obligations that are consistent with our own under this privacy policy.

Holding Personal Information

We will not hold your Personal Information for longer than is reasonably required for the purposes for which it was collected.

Personal Information may be held for longer periods where extended retention periods are required by law or regulation, or are necessary to enable us to enforce or defend our legal rights.

Security

We will use all reasonable endeavours to effect and maintain adequate security measures to safeguard your Personal Information and other data we hold from loss, unauthorised access, use, modification or disclosure.

If you suspect any loss, unauthorised access, use, modification or disclosure of your Personal Information, please let us know immediately.

Transfer of Personal Information

We may transfer your Personal Information to or from other countries where necessary to achieve any of the purposes specified in this privacy policy.

If you are New Zealand-based and we transfer your Personal Information outside New Zealand, we will ensure that appropriate safeguards are in place with the recipient of that Personal Information, as prescribed by the Privacy Act 2020 (NZ), before we transfer that Personal Information.

If you are Australia-based and we transfer your Personal Information outside Australia, we will take such steps as are prescribed by the Australian Privacy Principles in relation to that Personal Information.

Use of third-party websites

We have no control over third-party websites that you link to via our websites. This privacy policy does not apply to the collection, processing or use of your Personal Information as a result of your linking to any third party website.

We are not responsible for the privacy policies or practices of third parties. We recommend that you review the privacy policy of each website you visit.

Your rights to access and correct Personal Information

You may request access to any Personal Information we hold about you. You may also request that we correct the Personal Information we hold about you.

All access or correction requests will be dealt with in accordance with applicable law, including the Privacy Act 2020 (NZ) and the Privacy Act 1988 (Australia).

To make an access or correction request, please contact our Privacy Officer (see below) and he/she will tell you how to make a request. If you make a request, we may ask you to verify your identity.

Privacy Officer

For any queries or further information about our privacy policy, or about our privacy or data practices, please contact our Privacy Officer. This person’s contact details are as follows:

Hallmark Surgical Privacy Officer
12A JB Cullen Drive
Ashburton 7700
New Zealand
[email protected]

Changes to the Privacy Policy

We may change this privacy policy at any time, by changing or removing existing terms or adding new ones, or by replacing this privacy policy with a new one.

We will take reasonable steps to notify online users and customers of any changes to this privacy policy. Any such changes will take effect immediately, unless we state otherwise.

Your purchase of any products from us, and your use of our websites, after any changes to our privacy policy will constitute your acceptance of those changes.

This privacy policy was last updated on 14 December 2022