Customer Ratings and Reviews and Questions and Answers Terms Of Use and Group Privacy Statement

Customer Ratings and Reviews and Questions and Answers Terms Of Use


These Terms of Use govern your conduct associated with the Customer Ratings and Reviews and/or Questions and Answers service offered by Kathmandu (the "CRR Service").


It is stipulated that:

  • No counterpart is provided in exchange for filing a review;
  • The maximum period for the publication of a review is 10 years
  • •A review can be retained for the duration permitted by law;
  • Contents of the reviews are controlled following these Terms of Use
  • It is not possible to contact the author of a review
  • It is not possible to modify a review
  • Publication of a review can be denied when the review does not respect these Terms of Use


By submitting any content to Kathmandu, you guarantee that:

  • You are the sole author and owner of the intellectual property rights in the content;
  • All "moral rights" that you may have in such content have been voluntarily waived by you;
  • All content that you post is accurate;
  • You are at least 16 years old;
  • Use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity;
  • You have used or purchased the product/service you are reviewing and the content presented is setting out your first hand experience of using or purchasing the product.

You further agree that you may not submit any content:

  • That is known by you to be false, inaccurate or misleading;
  • That infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  • That violates any law, statute, ordinance or regulation (including, but not limited to, those governing, consumer protection, unfair competition, anti-discrimination or false advertising);
  • That is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
  • For which you were compensated or granted any consideration by any unapproved third party;
  • That includes any information that references other websites, addresses, email addresses, contact information or phone numbers;
  • That contains any computer viruses, worms or other potentially damaging computer programs or files.

You agree to indemnify and hold Kathmandu (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, including but not limited to Bazaarvoice, Inc.), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.

 

For any content that you submit, you grant Kathmandu a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.

 

All content that you submit may be used at Kathmandu's sole discretion. Kathmandu reserves the right to change, condense, withhold publication, remove or delete any content on Kathmandu's website that Kathmandu deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms of Use. Kathmandu does not guarantee that you will have any recourse through Kathmandu to edit or delete any content you have submitted. Ratings and written comments are generally posted within two to four business days. However, Kathmandu reserves the right to remove or to refuse to post any submission to the extent authorized by law. You acknowledge that you, not Kathmandu, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of Kathmandu, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.



Kathmandu Group Privacy Statement

Last updated 1 September 2022

 

Introduction 

At Kathmandu we take your privacy seriously. The purpose of this Privacy Statement is to inform you about our collection, use, and disclosure of any personal information that we may hold about you, including how we ensure the accuracy, integrity, and security of such information. 

This Privacy Statement should be read in conjunction with the agreement under which you engaged with us (if any), and any terms and conditions provided to you.

Kathmandu refers to Kathmandu Limited (New Zealand), Kathmandu Pty. Ltd. (ACN 007 047 547) (Australia), Kathmandu (U.K) Limited (United Kingdom) and Kathmandu US Holdings LLC (USA), and any other related entity that is operating a Kathmandu website, all of which are a part of the KMD Brands Limited group


Changes to this Privacy Statement

This Privacy Statement may be updated periodically. We advise you to check back frequently to see any updates or changes. The latest version and publication date will always be clearly marked.

 

WHAT PERSONAL INFORMATION DO WE COLLECT?

For the purpose of this section, “Contact Information” means first and last names, email address and contact phone number. 

 

We collect personal information directly from you when you:

 

Visit our stores

We collect Close-Circuit Television (CCTV) footage. 

 

Purchase goods in store 

We collect your payment method and details of items purchased, including style and size preferences. 

 

Complete a hard copy form or provide your information to us in store

We collect your Contact Information, your areas of interest, style, and size preferences.

 

Purchase or return goods online, or pay other than by cash

We collect your Contact Information, delivery address, billing address, company name, password, payment method and details of items purchased, including interests (for example, camping and hiking or snow and ski), style and size preferences. Our websites may include Kathmandu-branded websites that are operated by third parties who sell goods directly to you, in which case they are collecting your personal information on our behalf.

 

Visit, search for and browse our websites

We collect:

  • the Internet Protocol (IP) address used to connect your computer or device to the internet;
  • your login information;
  • data on your screen settings and device settings, such as the point and scroll settings of your mouse;
  • web browser type and version;
  • time zone settings; and
  • operating system information. 

 

We also collect information about your use or visit, including:

  • statistical information about visits to pages on the site;
  • the products you viewed or searched for;
  • page response times;
  • duration of individual page view;
  • page interaction information (such as scrolling, clicks and mouse-overs);
  • the paths taken by you through the site; and
  • the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time).

 

Create an online account through our website

We collect your Contact Information and date of birth. 

 

Sign up to the Kathmandu rewards program

We collect your Contact Information, date of birth, and password. Through the use of your rewards program membership card in Apple Wallet or Google Pay, we may collect feedback about your use of Apple Wallet and Google Pay to help us better understand and improve the experience for our members, which may include your location information. If you do not want us to collect, use or disclose the information described above, you should not register your rewards program membership card in Apple Wallet or Google Pay.

 

Use of Apple Wallet or Google Pay is subject to the following Privacy Policies, which may change from time to time. It is important that you read the policy before registering your rewards program membership card in Apple Wallet or Google Pay.

 

 

Contact us via email 

We will collect your email address and any contact information provided. We will also collect the contents of your email.

 

Contact us via our contact us form

We will collect your email address and the details of the matter that you are contacting us about. 

We will also collect your rewards program number, and order number, if you choose to provide it to us. 

 

Contact us by telephone

We collect your Contact Information and the content of the conversation, which is recorded. 

 

Contact us via social media

We collect information about your social media username/handle, the social media platform you used and the contents of your post or message (which may also include your Contact Information, if you provide this to us).

 

Contact us via mail

We collect your Contact Information and the contents of your letter. 

 

Contact us via chat bot 

We will collect your Contact information, if provided, and the contents of your chat session. 

 

Submit a product review

Your full name and email address.

 

Enter a competition, promotion, sweepstakes, contest, or survey

Your Contact Information, contact number, address, and date of birth. 

 

Apply for employment with us

Your Contact Information, physical address, curriculum vitae, cover letter, details of current work permit or visa (including your passport number), your availability to work, medical conditions, and salary expectations.

 

Engage with public platforms

We may also collect personal information about you from a third party or a publicly available source, including social media. We also work closely with third parties (for example, business partners, joint marketers, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, social media companies and search information providers) and may receive information about you from them. We may combine this data with other information we collect. 

 

Collection of personal information from Minors

We do not knowingly collect personal information from children under the age of 16. If you are under the age of 16, please do not submit any personal information through our websites. We encourage parents and legal guardians to monitor their children’s internet usage and to help enforce our Privacy Statement by instructing their children never to provide personal information to us. If you have reason to believe that a child under the age of 16 has provided personal information to us through our websites, please contact us, and we will endeavour to delete that information from our information systems and/or assets.


WHAT PERSONAL INFORMATION DO OTHERS COLLECT?

If you use our services while logged into the following services, then they will collect information about your browsing as detailed in their privacy policies.

We use Google Analytics to collect information about your browsing habits while using our services. As detailed within Google’s Privacy Policy, Google may share this information publicly and with their partners.


USE OF COOKIES AND WEB TRACKING 

A cookie is a piece of code that creates a file on your computer to track the pages that you view on our website.


We use cookies for a variety of purposes, as do a number of third parties. For customers in the United Kingdom or the European Union, read our Cookie Notice to learn more about the cookies that are used on our European websites and what they are used for. 


Do Not Track is a privacy preference offered by certain browsers. We do not respond to Do Not Track signals.


WHY DO WE COLLECT YOUR PERSONAL INFORMATION?

Kathmandu collects personal information for a variety of purposes including the following:

  • Enabling you to purchase products from us, to process your orders and deal with administrative issues;
  • Answering your inquiries and delivering customer service to you;
  • Administering our rewards program, including communicating with you about your membership;
  • Enabling you to enter contests, promotions, or events that we promote or run;
  • Satisfying your warranty or product service or repair requirements;
  • Providing you with information about products, promotions, functions, or events, including those of KMD Brands entities and selected partners;
  • Enabling selected third parties to provide you with information about other products or services that we think may be of interest to you according to your preferences and applicable law;
  • Measuring or understanding the effectiveness of advertising we serve to you and others and to deliver relevant advertising to you; 
  • Undertaking research to understand our customers, and making improvements to our products, services, purchasing and customer support processes;
  • Administering our site for internal operations, including troubleshooting, data analysis, testing, research, security, statistical and survey purposes;
  • Allowing you to participate in interactive features of our products and services, when you choose to do so;
  • Reviewing employment applications; 
  • Meeting our legal or compliance obligations;
  • Managing and resolving any legal or commercial complaints and issues; and
  • Enforcing the law. 

If you choose not to provide certain personal information you should be aware that we may not be able to provide you with products and services. 

We may send marketing or promotional communications to you, including about our products, services, or brand. If you do not wish to receive such communications, please contact us and we will respect your request and cease future communications. You can also unsubscribe via the relevant link in the email you received.


WHAT LEGAL BASIS DO WE HAVE FOR PROCESSING YOUR PERSONAL INFORMATION?

We process your personal information because you’ve given us permission and because we need to process the information to provide the services you have requested and/or to fulfil our contract with you. We may also process your personal information to comply with the law.


WHO DO WE SHARE YOUR INFORMATION WITH?

We engage a number of organisations to perform certain business-related functions on our behalf (including web hosting, maintaining databases, logistics, promotional, research or marketing activities, and processing of payments). These organisations are contractually required to protect your personal information and to only use it for the purpose of performing the relevant business-related functions.

Information may also be disclosed in the following circumstances:

  • If you voluntarily enter contests, promotions, or events that we promote or run, we may publicly disclose the name and location (city) of winners.
  • If you register your rewards program membership card in Apple Wallet or Google Pay, then we will share your rewards program membership number and the associated barcode with Apple or Google (as the case may be) in order to facilitate the use of your rewards program membership card within Apple Wallet and Google Pay. 
  • To advertisers and advertising networks that require data to select and serve relevant adverts to you and others. 
  • Subject to your opt-in and/or opt-out rights, to third parties for their own marketing purposes such as co-sponsors of events or activities. 
  • With other entities within the KMD Brands Limited group
  • In the event that we buy, sell, reorganise, merge or dissolve businesses or assets, in which case we may disclose your personal information to the prospective seller or buyer of such business or assets.
  • We may also disclose personal information to law enforcement, regulatory bodies, legal advisors or similar third parties (1) where we are under a legal duty to disclose or share personal information in order to comply with a legal obligation (which may include courts, law enforcement and national security authorities of jurisdictions in which we operate or store personal information), (2) in order to enforce or apply our website terms and conditions and other agreements, or (3) to protect our rights, property, or safety of our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

We may also share anonymised information with carefully selected third parties, where there is an identified benefit to some or all of the Kathmandu customer base (for example, environmental protection research). This data will not identify you.

We do not disclose your personal information to any third party other than those described previously, subject to where we are legally required to do so or where you have provided consent.  


HOW DO WE SECURE YOUR INFORMATION?

Your personal information is held in a controlled and secure environment. We use appropriate technical, organisational, and administrative security measures to protect any information we hold from loss, misuse, and unauthorised access, disclosure, alteration, and destruction. Among other practices, your account is protected by a password for your privacy and security.

Please do not enter any credit card details or sensitive personal information when contacting us via email, or through our website “Contact Us” form.


DO WE USE AUTOMATED DECISION MAKING OR PROFILING?

Personalising your experience through profiling (Australia and New Zealand only)

Kathmandu collects personal information about you when you browse our website and purchase items from our stores. Kathmandu may use this information to personalise your browsing and shopping experience. We do this by using software to analyse information collected and to determine which products and offers you may be interested in based on defined segmentations. We then use these insights to provide you with tailored product and offer recommendations and information which may assist you in your decision making. We also regularly review interactions with our messaging at an aggregated (non-identifiable) level in order to measure the effectiveness of our segmentation and personalisation activities.  

 

DO WE SELL YOUR PERSONAL INFORMATION?

For the purposes of the California Consumer Privacy Act (CCPA), in certain instances, we will share personal information among our affiliated companies and with third parties who provide valuable services to us. This falls within the wide definition of “selling” under the CCPA, however, we do not sell your personal information for money.


HOW LONG DO WE KEEP YOUR INFORMATION?

We only keep your personal information for as long as it is required.

We will keep your personal information:

  • until we no longer have a valid reason for keeping it;
  • until you request us to stop using it;
  • for as long as required by law.

We may keep just enough of your personal information to ensure that we comply with your requests. We will not use your personal information for any purpose other than those described in this Privacy Statement and will comply with your right to deletion (described below).


WHERE DO WE HOLD YOUR INFORMATION?

We hold your personal information worldwide. 

Wherever your information is held we ensure your rights are protected. We do this by:

  • ensuring we have suitable legal contracts in place; and 
  • holding information in countries with an adequacy decision (note New Zealand is one of these).

 

WHAT ARE MY RIGHTS?

Your right

How we protect your right

The right to be informed

We have published this Privacy Statement to keep you informed as to what we do with your personal information. We strive to be transparent about how we use your personal information.

The right to access

You have the right to access your information. Please email us if you want to access the personal information that we hold about you.

The right to correction

If the information we hold about you is inaccurate or not complete, you have the right to ask us to rectify it. You can correct your information either within your account or by emailing us.

The right to deletion

This is sometimes called ‘the right to be forgotten’. If you want us to delete all your personal information, please email us.  

The right to restrict processing

You have the right to ask us to restrict how we process your personal information. This means we are permitted to store the data but not process it. If you want us to restrict processing of your information, please email us

The right to data portability

We will allow you to obtain your personal information for your own purposes across services in a safe and secure way. Please email us if you wish to port your information.

The right to object

You have the right to object to how we process your personal information. If you wish to object, please email us. As part of the right to object, Californian residents have the right to opt out of having their personal information sold. If you wish to opt out of having your personal information sold, please follow these instructions. 

The right to withdraw consent

If you have given us your consent to process your personal information but change your mind later, you have the right to withdraw your consent at any time. If you want to withdraw your consent, please email us

The right to complain to a Supervisory Authority

You have the right to complain if you feel that we have not responded to your requests to solve a problem. The relevant Supervisory Authority will depend on your location.


HAVE A QUESTION OR CONCERN?

In the first instance, please get in contact with us directly via the details below. If you consider that your query or privacy concerns have not been resolved satisfactorily by us or you wish to obtain more information on privacy requirements, you can contact the relevant Supervisory Authority. 

Location 

Contact Details

Supervisory Authority

Australia

Email: privacy@kathmandu.com.au 


Telephone: 1800 333 484

 

Via Post:

Privacy Officer Kathmandu

PO Box 1234 

Christchurch 8140, 

New Zealand

The Office of the Australian Information Commissioner. 

Information about how to lodge a complaint is available on the Privacy Commissioner’s website

New Zealand

Email: privacy@kathmandu.co.nz


Telephone: 0800 001 234


Via Post:

Privacy Officer Kathmandu

PO Box 1234 

Christchurch 8140, 

New Zealand

The New Zealand Office of the Privacy Commissioner.
Information about how to lodge a complaint is available on the Privacy Commissioner’s website.

United Kingdom

Email: privacy@kathmandu.co.uk

 

Privacy Officer Kathmandu UK Ltd, Russell House, Oxford Road, Bournemouth, Dorset, BH8 8EX

The UK Information Commissioner’s Office.
Information about how to lodge a complaint is available on the ICO’s website

France

Email: privacy@kathmanduoutdoor.fr

 

Privacy Officer – Kathmandu

Rip Curl Europe

407 Avenue de la Tuilerie
40150 Soorts-Hossegor
 France

For EU members, see the EDPS’ website for information on your relevant data protection authority.

Germany

Email: privacy@kathmanduoutdoor.de

 

Privacy Officer – Kathmandu

Rip Curl Europe

407 Avenue de la Tuilerie
40150 Soorts-Hossegor
 France

For EU members, see the EDPS’ website for information on your relevant data protection authority.

Canada

Email: privacy@kathmanduoutdoor.ca

 

Via Post:

Privacy Officer Kathmandu

PO Box 1234 

Christchurch 8140, 

New Zealand

The Office of the Privacy Commissioner of Canada. 

 

Information about how to lodge a complaint is available on the Privacy Commissioner’s website. 

 

United States

Email: privacy@kathmanduoutdoor.com

 

Telephone: + 1 347-688-4916

 

Via Post:

Privacy Officer Kathmandu

PO Box 1234 

Christchurch 8140, 

New Zealand

The United States Federal Trade Commission. 

Information about how to lodge a complaint is available on the Commission’s website

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