Privacy policy
Introduction
Merchant 1948 values your privacy. This Privacy Policy explains how we collect, use, store, share and protect your personal information when you shop with us, visit our websites, contact us, or otherwise interact with Merchant 1948.
This policy applies to our New Zealand and Australian websites, merchant1948.co.nz and merchant1948.com.au, and other interactions you may have with us online or in-store.
In this policy, “Merchant 1948”, “we”, “our” or “us” refers to Overland Footwear Limited, Overland Group Australia, and our relevant subsidiaries, affiliates and related entities.
We handle personal information in accordance with applicable privacy laws, including the New Zealand Privacy Act 2020 and, where applicable, the Australian Privacy Act 1988 and Australian Privacy Principles.
1. Information We Collect
We collect personal information where reasonably necessary to operate our business, provide our products and services, communicate with you and improve your experience with Merchant 1948.
Depending on how you interact with us, this may include:
- Your name
- Email address
- Phone number, including your mobile number
- Billing and delivery address
- Account and login information
- Purchase and order history
- Returns, exchanges and refund information
- Communication and marketing preferences
- Information you provide when contacting our Customer Care team
- Information you provide when entering a promotion, competition or event
- Information associated with your interactions with our stores
- Technical information such as your IP address, browser, device type, operating system and cookie identifiers
- Information about how you interact with our websites, products, advertising and communications
- Information about your marketing engagement, such as whether you have opened, clicked or interacted with our communications
We may collect this information when you:
- Create or use an account
- Place an order
- Make a return or exchange
- Provide your details during checkout
- Subscribe to email marketing
- Sign up to receive SMS/text message marketing
- Participate in a promotion, competition or event
- Contact our Customer Care team
- Visit or interact with our websites
- Interact with our advertising or digital communications
- Visit or make a purchase through one of our stores
- Otherwise provide information directly to us
Where we collect personal information from another source, we will handle that information in accordance with applicable privacy laws.
2. How We Use Your Information
We may use your personal information to operate our business, provide our products and services, communicate with you and improve your experience with Merchant 1948.
This includes using your information to:
- Process, fulfil and deliver your orders
- Process payments
- Process returns, exchanges and refunds
- Manage your account
- Provide customer service and respond to enquiries
- Communicate important information about your orders, deliveries, returns or account
- Send marketing communications where you have chosen or otherwise consented to receive them
- Send email marketing where you have subscribed to email marketing
- Send SMS/text message marketing where you have consented to receive SMS marketing
- Provide information about products, new collections, promotions, offers and events
- Manage competitions, promotions and events
- Personalise and improve your online experience
- Understand how customers interact with our websites and services
- Analyse trends, customer behaviour and website performance
- Improve our products, services and digital experiences
- Measure and improve the effectiveness of our marketing and advertising
- Maintain and improve our customer records
- Detect and prevent fraud, misuse or security threats
- Protect our customers, business and legal rights
- Meet our legal, regulatory, accounting and other obligations
We will only use personal information for purposes permitted by applicable law.
3. Mobile Numbers and SMS Marketing
We may collect your mobile phone number when you place an order, create an account, contact us, sign up for SMS marketing or otherwise provide it to us.
Providing a mobile phone number for an order, delivery, account or customer service purpose does not by itself mean that you have agreed to receive SMS marketing from Merchant 1948.
Where you have consented to receive SMS marketing, we may use your mobile number to send you marketing text messages about Merchant 1948 products, new collections, promotions, offers, events and other updates we think may be relevant to you.
SMS marketing may be recurring and the frequency of messages may vary.
You can withdraw your consent to SMS marketing at any time by following the unsubscribe instructions included in our messages, such as replying STOP, or by contacting us.
Withdrawing your consent to SMS marketing does not prevent us from sending you transactional or service-related communications where necessary, such as communications concerning an order, delivery, return, refund or other service you have requested.
We send SMS marketing in accordance with applicable New Zealand and Australian electronic messaging laws.
4. Email and Other Marketing Communications
If you have chosen or otherwise consented to receive marketing communications from Merchant 1948, we may contact you about products, new collections, promotions, offers, events and other updates we think may be relevant to you.
Depending on the consent and contact details you have provided, these communications may include:
- SMS/text messages
- Other electronic marketing communications
You can change your marketing preferences or unsubscribe at any time by:
- Clicking the unsubscribe link at the bottom of our marketing emails
- Following the unsubscribe instructions included in our SMS messages, such as replying STOP
- Updating your preferences through your account, where available
- Contacting us at merchantinfo@overlandfootwear.co.nz
We will process unsubscribe requests in accordance with applicable law.
Unsubscribing from marketing does not prevent us from sending transactional or service communications relating to an order, delivery, return, refund, account or other service you have requested.
5. Cookies & Tracking Technologies
We use cookies and similar technologies to operate our websites, remember your preferences, understand how our websites are used and improve your experience.
Depending on your preferences and applicable requirements, these technologies may be used to:
- Enable essential website and checkout functionality
- Remember your preferences and account settings
- Maintain your shopping bag and session
- Analyse website traffic and performance
- Understand how customers navigate and interact with our websites
- Measure the effectiveness of our marketing and advertising
- Personalise your experience
- Provide more relevant advertising and content
- Understand engagement with our marketing communications
- Help us improve our websites, products and services
Some cookies and similar technologies are necessary for our websites to function, while others may be used for analytics, personalisation or advertising.
You can manage or disable cookies through your browser settings and through any cookie preference options we make available on our websites.
Disabling certain cookies may affect the functionality or performance of our websites.
6. Sharing Your Information
We do not sell or rent your personal information.
We may share personal information with companies within the Overland Footwear group and trusted third parties where reasonably necessary to operate our business, provide our services and carry out the purposes described in this Privacy Policy.
These may include:
- Payment and checkout providers
- Delivery, courier and logistics providers
- Ecommerce and website technology providers
- Email, SMS and communications providers
- Customer relationship management and marketing platforms
- Data storage, hosting and IT providers
- Analytics providers
- Marketing and advertising partners
- Fraud prevention and security providers
- Customer service providers
- Professional advisers, including legal, accounting and auditing providers
These organisations may receive or process personal information where necessary to provide their services to us.
Where we engage third-party service providers, we take reasonable steps appropriate to the circumstances to ensure personal information is handled securely and appropriately.
We may also disclose personal information where required or permitted by law, or where reasonably necessary to protect Merchant 1948, Overland Footwear, our customers, our business, our property or our legal rights.
7. International Data Transfers
Merchant 1948 operates across New Zealand and Australia and uses technology and service providers that may operate or store information in other countries.
As a result, your personal information may sometimes be stored, accessed or processed outside New Zealand or Australia.
Where personal information is disclosed to an overseas organisation, we will take reasonable steps as required by applicable law to ensure that the information is handled appropriately and that relevant privacy requirements are met.
The privacy and data protection laws of another country may differ from those that apply in New Zealand or Australia.
8. How Long We Keep Your Information
We retain personal information only for as long as reasonably necessary for the purposes for which it was collected or as otherwise permitted or required by law.
This may include retaining information to:
- Provide our products and services
- Maintain customer and transaction records
- Process returns, exchanges and refunds
- Maintain records of marketing consent and preferences
- Resolve disputes or enquiries
- Detect or prevent fraud
- Meet legal, accounting, tax and regulatory obligations
- Protect our legal rights
The appropriate retention period may depend on the type of information, why we collected it and any legal requirements that apply.
When personal information is no longer reasonably required, we take reasonable steps to securely delete, destroy or anonymise it.
9. Security
We take reasonable technical and organisational measures to protect personal information against loss, misuse, unauthorised access, modification or disclosure.
These measures may include appropriate access controls, security technologies, internal procedures and restrictions on access to customer information.
Payment information transmitted through our websites is protected using appropriate encryption and secure payment technologies.
Merchant 1948 does not directly store full payment card details on our servers where payment information is processed by our payment providers.
Access to customer information within our business is restricted to team members and service providers who require access for legitimate business purposes.
While we take reasonable precautions to protect your information, no method of electronic transmission or storage can be guaranteed to be completely secure.
10. Accessing or Correcting Your Information
Subject to applicable New Zealand and Australian privacy laws, you may have the right to request access to personal information we hold about you and ask us to correct information that is inaccurate, out of date or incomplete.
You can make a request by contacting us at:
merchantinfo@overlandfootwear.co.nz
We may need to verify your identity before providing access to or making changes to personal information.
In some circumstances, applicable privacy laws may allow or require us to refuse an access or correction request. If this applies, we will explain our decision where required by law.
11. Your Marketing Preferences
You can choose whether you want to receive marketing communications from Merchant 1948.
Where applicable, we maintain records of your marketing preferences and consent.
You may withdraw your consent or opt out of marketing communications at any time.
For email marketing, you can use the unsubscribe link provided in our emails.
For SMS marketing, you can follow the unsubscribe instructions contained in the message, such as replying STOP.
You can also contact us at merchantinfo@overlandfootwear.co.nz to request changes to your marketing preferences.
We may retain sufficient information after you unsubscribe to ensure that we respect your request and do not inadvertently add you back to the relevant marketing list.
12. Privacy Complaints
If you have a concern about how Merchant 1948 has collected, used, disclosed, stored or protected your personal information, please contact us at:
merchantinfo@overlandfootwear.co.nz
We will review your concern and aim to respond appropriately.
If you are not satisfied with our response, you may have the right to make a complaint to the relevant privacy regulator.
In New Zealand, this is the Office of the Privacy Commissioner.
In Australia, this is the Office of the Australian Information Commissioner (OAIC).
13. Third-Party Websites
Our websites may contain links to websites, platforms or services operated by third parties.
Merchant 1948 is not responsible for the privacy practices, content or security of third-party websites or services.
We recommend reviewing the privacy policy of any third-party website or service before providing personal information to them.
14. Children
Our products and services are intended for a general audience and are not specifically directed at children.
We do not knowingly seek to collect personal information from children where it is not reasonably necessary for our business activities.
Where we become aware that personal information relating to a child has been collected, we will handle that information in accordance with applicable privacy requirements.
15. Changes to This Privacy Policy
We may update this Privacy Policy from time to time to reflect changes to our business, technology, services, legal requirements or privacy practices.
Any updated version will be published on our websites and the date at the top of this Privacy Policy will be updated.
We encourage you to review this Privacy Policy periodically to stay informed about how we handle personal information.
16. Contact Us
If you have questions about this Privacy Policy, would like to access or correct your personal information, change your marketing preferences, unsubscribe from marketing, or have a concern about how your information has been handled, please contact us:
Merchant 1948 / Overland Footwear
