Privacy policy

November 2022

1 YOUR PRIVACY IS IMPORTANT TO US
Background
1.1 Gilmours is committed to protecting your privacy. We have robust systems in place to provide you with services and information tailored to your individual needs while complying with our obligations under the Privacy Act.

1.2 The Services are intended for use by people located in New Zealand and are not intended for use by anyone located outside of New Zealand.

1.3 So that you understand who will collect and have access to your information, it is important you understand a bit about Gilmours.

1.3.1 Gilmours Online and Gilmours Wholesale Limited (GWL) is owned and run by Foodstuffs North Island Limited (Foodstuffs).

1.3.2 Individual Gilmours stores are owned by franchisees and operated under a franchise agreement with Foodstuffs (Gilmours Stores).

1.3.3 Foodstuffs operates other brands (such as New World and PAK'nSAVE) and regularly interacts and shares data with other 'group' companies including Foodstuffs (N.Z.) Limited, Foodstuffs North Island Limited and Foodstuffs South Island Limited.

1.4 References to “Gilmours”, “we” or “us” in this Privacy Policy means the people and businesses listed in section 1.3, other than Foodstuffs South Island Limited.

1.5 We may change this Privacy Policy from time to time and will tell you about a change to the Privacy Policy by updating the “last updated” date on our website. We will post the updated policy on our website - we recommend that you regularly check it. Unless otherwise stated, any changes to the Privacy Policy will take effect immediately upon being placed on the website and your continued used of the Services will represent an agreement by you to be bound by the Privacy Policy as amended.

Application of this Privacy Policy
1.6 This Privacy Policy applies to any personal information that we collect when you interact with us, including when you:

1.6.1 visit a Gilmours store;

1.6.2 apply for an account at a Gilmours Store;

1.6.3 use the Gilmours Online website;

1.6.4 place orders with or purchase products from us (either online or at any Gilmours Store); and

1.6.5 use any other services we provide now or in the future,

(together, the Services).

1.7 In the event of any inconsistency between this Privacy Policy and other policies or terms and conditions that may apply to your use of any of the Services, the terms of this Privacy Policy will prevail.

2 COLLECTION OF PERSONAL INFORMATION
Collection from you

2.1 While most personal information will be collected directly from you when you obtain a Gilmours account from a Gilmours Store or GWL, we may need to obtain personal information from you in the course of providing some of the Services to you. Personal information is any information about you that identifies you, or by which your identity can reasonably be ascertained.

What happens if you do not provide information?
2.2 If you choose not to provide us with your personal information, we may not be able to provide some or all Services to you. For example, we may not be able to provide you with an account at a Gilmours Store if your application is incomplete, and we may not be able to process an order via our website if we do not have all the details we need.

What information might we collect?
2.3 The type of personal information we may collect when you use Gilmours Online or interact with a Gilmours Store (including applying for an account at a Gilmours Store) includes your name, age, postal and delivery address, email address, phone number and any other information that is provided in any application forms you submit or we request from you.

2.4 If you visit Gilmours stores, those stores may collect your personal information through their CCTV camera system, including your image and the number plate of your vehicle. Gilmours stores may also collect your image and/or physical appearance details through the use of facial recognition technology.

2.5 In addition, in the course of using some of our online Services, we may collect various other information from you, including mobile location data, order information (eg your preferences and purchase history) and other information that we request.

Why we collect personal information
2.6 We collect your personal information in the course of providing Services to you. We may collect, store, and use, disclose and otherwise process any of your personal information for our legitimate business purposes, including to do any of the following:

2.6.1 to provide you with information about Gilmours;

2.6.2 to process your application for a Gilmours account;

2.6.3 to process and deliver your orders or make your orders available for collection;

2.6.4 to assist in providing goods or services you order using Gilmours Online or instore;

2.6.5 to allow you to participate in promotions which may be available to Gilmours' members from time to time;

2.6.6 to take actions required to keep your information secure;

2.6.7 to conduct research related to your use of our Services;

2.6.8 to enhance your overall experience on Gilmours Online and at Gilmours Stores and other Foodstuffs banner stores (eg New World and PAK'nSAVE);

2.6.9 to undertake data analytics, insights or data mining (including the anonymisation or aggregation of your personal information with other data to identify patterns and trends, and use the full benefit of that analysis (including providing it to the people listed in section 3 below to analyse and aggregate with their data (such as combining Gilmours and New World shopping trends data) and use the full benefit of that analysis));

2.6.10 to build a view of you as a Gilmours member by collating all personal information that we and other Foodstuffs group companies (including Foodstuffs South Island Limited and its franchisees) hold about you in a single profile across platforms and services so that we can analyse and improve your experience and our services provided to you;

2.6.11 to conduct research related to your use of the Services;

2.6.12 to provide further information to you about other Gilmours products, services, latest offers, specials or promotions which we consider may be of interest to you;

2.6.13 if you visit Gilmours stores, to detect and prevent criminal and disorderly behaviour and to monitor and ensure the safety and security of people in or around those stores, including our staff and customers; and

2.6.14 such other purposes we make known to you at the time of collection.

2.7 Your personal information may be combined with other personal information held by us, Foodstuffs and/or our partners and service providers.

3 WHO DO WE DISCLOSE YOUR PERSONAL INFORMATION TO?
3.1 In providing you with Services, we may sometimes need to disclose your personal information to others for the purposes described above. By using one or all of the Services you agree that we may disclose your personal information for any of the purposes listed in the above section but only to the extent necessary to achieve those purposes, to:

3.1.1 a Foodstuffs entity and its staff;

3.1.2 a franchisee of Foodstuffs i.e. a Gilmours store;

3.1.3 a person who is contracted to us to provide a particular service on our behalf, such as our appointed payment provider to process your payments for purchases;

3.1.4 suppliers on whose behalf we sell products (in order to enable fulfilment of your order);

3.1.5 a third party helping us to manage loss prevention, retail crime, damage to property and public safety, including other retailers and law enforcement agencies: and

3.1.6 third parties when we believe in good faith that we are permitted or required to do so by law.

3.2 You consent to the disclosure of your personal information to the parties listed above.

4 DIRECT MARKETING AND CONSENT TO RECEIVE MESSAGES
4.1 When you register to use Gilmours Online or sign up to receive the latest offers on Gilmours Online, your name, business and contact details may be added to our Gilmours database (and/or another Foodstuffs database) and you consent to receiving messages in relation to Gilmours from time to time, including marketing information. You agree that we, or any of the parties to whom we may need to disclose your personal information, may contact you by email or text message to tell you when your order has been delivered or is ready for pick up. We may also send you messages about latest offers and promotions available at Gilmours.

4.2 You can unsubscribe from receiving marketing electronic messages from us at any time through the unsubscribe link in the message. If you unsubscribe, we may not be able to provide you with all or some of our online Services. We may continue to contact you in respect of any order you place or about your ongoing use of Gilmours Online.

5 SECURITY OF PERSONAL INFORMATION
5.1 Security of personal information is important to us and we take reasonable precautions to protect personal information from misuse, loss, unauthorised access, modification or disclosure. However, you acknowledge that security of the transmission of data over the internet can never be guaranteed. To the maximum extent permitted by law, we will not be liable for any direct or indirect damage or loss if any third party gains unauthorised access to your information.

5.2 We will only retain personal information for as long as is required for the purposes for which that information may lawfully be used. Where we collect personal information through the use of video surveillance systems and/or facial recognition technology, we may retain the personal information for as long as is necessary to investigate a crime or incident in accordance with New Zealand law.

6 ACCESSING, CORRECTING AND UPDATING YOUR PERSONAL INFORMATION
6.1 Your personal information will be held by us at the Foodstuffs North Island Support Centre at 35 Landing Drive, Mangere, Auckland or by one or more of our trusted data service providers.

6.2 Under the Privacy Act, you have the right to access your personal information that we hold, and to request that information be corrected and/or updated. To request access to or correction of information we hold about you please contact our Customer Service Team on 0800 270 414.

6.3 We will rely on the information that you have provided us so please ensure that information is accurate and kept up to date. If you find that information we hold about you is incorrect, please contact us immediately and we will correct it.

7 COOKIES AND ANALYTICS TOOLS
Cookies

7.1 We use cookies on our website to help us remember information you enter and improve your ordering experience. A cookie is a small piece of data that a website sends to your browser that may be stored on your system. Some information/services may be unavailable if you chose to disable your browser from accepting cookies.

7.2 By accessing and using Gilmours Online, you consent to the storing and accessing of cookies or other information on your device in connection with your access and use of Gilmours Online.

Analytics tools
7.3 We use various app, web and/or email analytics tools to collect information about your activity through Gilmours Online. The information we collect through the use of such analytics tools may be information about you (eg products, services, or specials that you engage with on Gilmours Online) or anonymous information (eg the number of visitors per day or the average amount of time spent on Gilmours Online). By accessing and using Gilmours Online, you consent to our use of such analytics tools to collect information about your access and use of Gilmours Online.

Last updated: November 2022