Privacy Policy and Website Terms of Use.

Privacy Policy – ThredCloud Limited

 
1. Introduction

1.1 ThredCloud Limited (referred to in this Privacy Policy as we, us, or our) complies with the New Zealand Privacy Act 2020 (the Act) when dealing with personal information.

1.2 Personal information means information about an identifiable individual (a natural person).

1.3 This Privacy Policy sets out how we collect, use, disclose and protect your personal information when you use our website www.thredcloud.com (the Website) and any related products and services, including our software as a service platform (the Service).

1.4 By using our Website or providing personal information to us, you agree to this Privacy Policy.

 

2. What personal information we collect

2.1 We may collect the following types of personal information:

  • Contact details (for example, name, email address, phone number, postal or physical address).

  • Business contact details (for example, company name, job title).

  • Account information (for example, username, login details, profile information, preferences and support queries).

  • Transaction information (for example, purchase history, billing and payment details – note that payments are processed by third party providers and we do not store full credit card numbers).

  • Marketing and communication information (for example, your marketing preferences, survey responses and interactions with our campaigns).

  • Technical and usage information (for example, IP address, device identifiers, browser type, operating system, pages viewed, links clicked, time and date of visits, and other actions you take on the Website or within the Service).

  • Any other information you choose to provide to us.


3. How we collect personal information

3.1 We may collect personal information directly from you when you:

Use our Website or Service.

  •  Create an account with us.

  • Request a demo, subscribe to our mailing lists or download content from us.

  • Contact us, including by email, contact form, chat, phone, or social media.

  • Participate in surveys, feedback requests, promotions, events or webinars.

3.2 We may also collect personal information automatically through:

  • Cookies and similar technologies when you use our Website or Service.

  • Analytics and marketing tools, such as Google Analytics 4 and HubSpot, which provide us with statistical information about how our Website and Service are used (for example, page views, session duration and conversion events).

3.3 These tools may collect information such as your IP address, device and browser characteristics, geographic location (approximate), pages visited and actions taken on our Website or in the Service. Where this information is personal information under the Act, we treat it in accordance with this Privacy Policy.

3.4 We may obtain personal information about you from third parties where you have authorised this, where it is collected from publicly available sources, or where it is otherwise permitted by the Act.

4. Cookies and tracking technologies

4.1 We use cookies and similar technologies on our Website and within the Service to help them function effectively and to improve your experience.

4.2 Cookies are small text files that are placed on your device by a web server and stored in your browser. They allow us and our third party service providers (including Google Analytics 4 and HubSpot) to:

  • Remember your settings and preferences.

  • Understand how you use our Website and Service.

  • Improve performance, security and user experience.

  • Personalise content and, where applicable, our marketing.

4.3 You can control cookies through your browser settings, including by blocking or deleting them. If you disable cookies, some features of our Website or Service may not function properly.

4.4 Where required by law, we will seek your consent before using non essential cookies or similar technologies. You can withdraw your consent at any time by changing your browser settings or (where available) your cookie preferences on our Website.


5. Why we collect and use personal information

5.1 We collect, use and disclose personal information for the following purposes:

  • To operate, maintain and provide our Website and Service to you.

  • To set up, administer and support your account, including user authentication and security.

  • To respond to your enquiries, requests and support tickets.

  • To process orders, payments and other transactions.

  • To send you service related communications (for example, about changes to our terms, policies or Service features).

  • To send you marketing and promotional communications about our products, services, events and promotions, where you have opted in or we are otherwise permitted by law, and to allow you to opt out at any time.

  • To understand how our Website and Service are used, improve their performance and develop new features (including through analytics, research and testing).

  • To manage our relationship with you and operate, protect and grow our business.

  • To comply with our legal and regulatory obligations, and to protect and enforce our legal rights.

5.2 If you choose not to provide the personal information we request, we may not be able to provide you with some or all of our Website, Service or other offerings.

6. Legal basis for processing (for overseas laws)

6.1 Our primary legal obligations arise under the New Zealand Privacy Act 2020.
6.2 In some circumstances we may also be subject to overseas data protection laws (for example, where we offer goods or services to individuals in certain jurisdictions or monitor their online behaviour). Where those laws apply, we will only process personal information where we have a valid legal basis, which may include:

  • Your consent.

  • Performance of a contract with you (or to take steps at your request before entering a contract).

  • Compliance with a legal obligation.

  • Our legitimate interests (for example, operating and improving our business, marketing our products and preventing fraud), provided these are not overridden by your rights and interests.


7. Disclosure of personal information

7.1 We may disclose your personal information to:

  • Our related companies.

  • Service providers and business partners who support the operation of our Website and Service and our business (for example, cloud hosting providers, analytics providers such as Google, CRM and marketing automation providers such as HubSpot, email service providers, payment processors, IT and security providers).

  • Professional advisers such as lawyers, accountants and auditors.

  • Any person or organisation authorised by you.

  • A purchaser or prospective purchaser of our business or assets, subject to confidentiality obligations.

  • Government agencies, regulators, law enforcement bodies and courts, where required or permitted by law.

7.2 We require our service providers to handle personal information in a manner that is consistent with the Act and to implement appropriate privacy and security safeguards.


8. Overseas transfers

8.1 Some of the third party service providers we use to host and support our Website and Service (including cloud hosting, analytics, email and CRM providers such as Google and HubSpot) are located outside New Zealand or may store personal information on servers located overseas, including in Australia, the United States and the European Union.

8.2 Where we disclose personal information to an overseas recipient, we will comply with information privacy principle 12 (IPP 12) in the Act. In particular, we will take reasonable steps to ensure that the overseas recipient is required to protect the personal information in a way that, overall, provides comparable safeguards to those under the New Zealand Privacy Act, or another permitted exception under IPP 12 applies (for example, where the disclosure is for safe custody or processing on our behalf only, or where you have expressly authorised the disclosure after being informed that the recipient may not be required to protect your information in a comparable way).

9. International users

9.1 Our Website and Service are primarily targeted at customers in New Zealand, Australia and the United States, but we may have users from other countries.

9.2 If you are located outside New Zealand, you acknowledge that your personal information may be processed in New Zealand and in other countries where our service providers are based. These countries may have different data protection laws to those in your country. We will take reasonable steps to ensure that an appropriate level of protection is provided for your personal information in those countries, consistent with this Privacy Policy and applicable law.

9.3 If, in future, we intentionally offer our Service to individuals located in the European Economic Area, the United Kingdom or other jurisdictions with extra territorial data protection laws, we may update this Privacy Policy or publish additional notices to explain any extra rights you may have under those laws (for example, under the EU or UK General Data Protection Regulation).


10. Security and retention

10.1 We take reasonable steps to keep your personal information safe from loss, unauthorised access, use, modification or disclosure. These steps include physical, technical and organisational measures appropriate to the nature of the information we hold.

10.2 We retain personal information for as long as it is required for the purposes for which it was collected, or as otherwise required or permitted by law. We may retain de identified or aggregated information for longer periods for analytics and business purposes.

11. Your rights

11.1 Subject to certain grounds for refusal set out in the Act, you have the right to:

  • Request access to the personal information we hold about you.

  • Request correction of any personal information that is inaccurate, incomplete or out of date.

11.2 If you would like to exercise these rights, please contact us using the details in section 16. We may need to verify your identity before responding.

12. Direct marketing

12.1 If you opt in to receive marketing communications from us (or we are otherwise permitted by law to send them), we may use your personal information to send you information about our products, services, events and promotions that we think may be of interest to you.

12.2 You can opt out of marketing communications at any time by:

  • Clicking the unsubscribe link in any email we send; or

  • Contacting us using the details in section 16.

12.3 Even if you opt out of marketing, we may still send you service related messages (for example, about your account, security or important updates to the Service).


13. Third party websites and services

13.1 Our Website and Service may contain links to or integrations with third party websites, plug ins or services. These third parties are not under our control.

13.2 We are not responsible for the privacy practices or content of those third parties. We encourage you to read the privacy policies of any third party websites or services you visit or use before providing any personal information to them.


14. Children

14.1 Our Website and Service are not intended for children under 16 years of age. We do not knowingly collect personal information from children under 16 without appropriate consent.

14.2 If you believe we have collected personal information about a child, please contact us using the details below so that we can delete the information or obtain appropriate consent.


15. Changes to this Privacy Policy

15.1 We may update this Privacy Policy from time to time to reflect changes in our practices, technologies, legal requirements or other reasons.

15.2 The updated Privacy Policy will apply from the date it is posted on our Website. We encourage you to review it regularly to stay informed about how we handle your personal information.


16. How to contact us

16.1 If you have any questions about this Privacy Policy or our privacy practices, or if you wish to exercise your rights, please contact our Privacy Officer:

  • Name: Privacy Officer, ThredCloud Limited

  • Email: support@thredcloud.com

  • Address: 264 Whangaparaoa Road, Red Beach, Red Beach, 0932

16.2 If we cannot resolve your concerns, you can contact the Office of the Privacy Commissioner (Te Mana Mātāpono Matatapu) using the details available at www.privacy.org.nz.

Website Terms of Use – ThredCloud Limited

 
1. Acceptance of terms

1.1 These Website Terms of Use (Terms) apply to your use of the website located at www.thredcloud.com (the Website) and any related content or services that we make available through the Website (excluding the Service defined below).

1.2 By accessing or using the Website, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use the Website.

1.3 If you create an account for, access or use our software as a service platform (the Service), your access to and use of the Service is also governed by our separate SaaS Terms of Use or equivalent terms (SaaS Terms), whether you are located in New Zealand or overseas. In the event of any inconsistency between these Terms and the SaaS Terms in relation to the Service, the SaaS Terms prevail to the extent of the inconsistency.

1.4 We may update these Terms from time to time. The updated Terms will apply from the date they are posted on the Website. By continuing to use the Website after the updated Terms are posted, you agree to the updated Terms.


2. Your obligations

2.1 You must use the Website only for lawful purposes and in accordance with these Terms.

2.2 You must not (and must not attempt to):

  • Use the Website in any way that is unlawful, fraudulent, harmful or infringes the rights of any other person.

  • Interfere with or disrupt the operation or security of the Website or any systems, networks or infrastructure used to provide it.

  • Introduce any viruses, malware or other harmful code into the Website or any related systems.

  • Gain unauthorised access to any part of the Website, user accounts, or any related systems or networks.

  • Use any robot, scraper, spider, data mining tools or other automated means to access, monitor or copy any part of the Website without our prior written consent.

  • Upload, post or transmit any content that is offensive, defamatory, obscene, harassing, misleading or otherwise objectionable, or that violates any law or third party rights.

2.3 If you create an account on the Website (outside the Service), you are responsible for maintaining the confidentiality of your login details and for all activities that occur under your account. You must notify us promptly if you become aware of any unauthorised use of your account.


3. Intellectual property

3.1 The Website and all content on it, including text, graphics, logos, icons, images, videos, software and other material (together, Content), are owned by or licensed to ThredCloud Limited or our licensors, and are protected by intellectual property laws.

3.2 We grant you a limited, non exclusive, non transferable, revocable licence to access and use the Website and Content for your own personal or internal business purposes, subject to these Terms.

3.3 You must not, without our prior written consent (or the consent of the relevant rights holder):

  • Copy, reproduce, modify, adapt, translate, create derivative works from, publish or distribute any Content.

  • Use any trade marks, logos or other brand features appearing on the Website.

  • Remove, obscure or alter any proprietary notices on the Website or Content.

3.4 Nothing in these Terms transfers any ownership rights in the Website or Content to you.


4. User content

4.1 If you submit, upload or post any content to the Website (for example, comments, feedback, reviews or other materials) (User Content), you:
Warrant that you have all rights necessary to submit the User Content and that it does not infringe any third party rights or breach any applicable laws.

  • Warrant that the User Content is accurate, not confidential and not misleading or deceptive.

4.2 By submitting User Content, you grant us a non exclusive, worldwide, royalty free, transferable and sublicensable licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display that User Content in connection with the Website, the Service and our business. 

4.3 We may, but are not obliged to, monitor, review, remove or edit any User Content at our discretion.


5. Third party links and services

5.1 The Website may contain links to, or integrations with, third party websites, content or services that are not owned or controlled by us.

5.2 We are not responsible for the content, availability, security or privacy practices of those third parties, and we do not endorse them. Your use of any third party websites or services is at your own risk and may be subject to additional terms and policies of those third parties.


6. Privacy and cookies

6.1 Our collection, use and disclosure of personal information in connection with the Website and the Service is governed by our Privacy Policy, which forms part of these Terms and is available on the Website.

6.2 The Website uses cookies and similar technologies, and we use analytics and marketing tools such as Google Analytics 4 and HubSpot to help us understand and improve how the Website and Service are used. For more information, please see our Privacy Policy.


7. Disclaimers

7.1 To the maximum extent permitted by law, the Website and all Content are provided “as is” and “as available”, without any representations, warranties or guarantees of any kind, whether express, implied or statutory (including any implied warranties of merchantability, fitness for a particular purpose, title and non infringement).

7.2 Without limiting clause 7.1, we do not warrant that the Website will be uninterrupted, secure, timely, error free or free from viruses or other harmful components, or that any defects will be corrected.

7.3 The Content on the Website is of a general nature and is not intended to be, and should not be relied on as, professional advice (including legal, financial or technical advice). You are responsible for evaluating the accuracy and usefulness of any Content and for obtaining your own independent advice where appropriate.

8. Liability

8.1 To the maximum extent permitted by law, we will not be liable to you or any third party for any:

  • Loss of profits, revenue, savings, business, goodwill or data; or

  • Indirect, consequential, incidental, special or punitive loss or damage,

    arising out of or in connection with your access to or use of (or inability to use) the Website or any Content, whether in contract, tort (including negligence) or otherwise, and even if we have been advised of the possibility of such loss or damage.

8.2 Nothing in these Terms limits or excludes any liability that cannot be limited or excluded under applicable law (including any rights you may have under the New Zealand Consumer Guarantees Act 1993, if it applies).


9. Indemnity

9.1 You indemnify us, our directors, officers, employees and agents against all losses, damages, liabilities, costs and expenses (including reasonable legal costs on a solicitor client basis) arising out of or in connection with:

  • Your breach of these Terms; or

  • Your misuse of the Website or any Content.


10. Suspension and termination

10.1 We may suspend, restrict or terminate your access to the Website (including any account you have with us in relation to the Website) at any time if we consider that you have breached these Terms, misused the Website or engaged in any conduct that may harm us, the Website or other users.

10.2 On termination, your right to use the Website will immediately cease. Clauses that, by their nature, are intended to survive termination (including clauses 3, 7, 8, 9 and 11) will continue in full force and effect.


11. Governing law

11.1 These Terms are governed by the laws of New Zealand.

11.2 You submit to the non exclusive jurisdiction of the New Zealand courts in relation to any dispute arising out of or in connection with these Terms or your use of the Website.


12. Contact us

12.1 If you have any questions about the Website or these Terms, please contact us at: