VIVA LA DIRT LEAGUE

PRIVACY POLICY

This is our current privacy policy for all individual personal information collected and held by Viva La Dirt League Productions Limited or its related entities (referred to in this policy as VLDL, we, us or our).  By providing VLDL with personal information you consent to VLDL collecting, holding, using and disclosing your personal information in accordance with this privacy policy unless otherwise agreed with you.  

We have developed this Privacy Policy to convey our commitment to complying with our obligations under the New Zealand Privacy Act 2020 and, to the extent that it applies, the European General Data Protection Regulations (GDPR).

If we decide to change our privacy policy, we will post those changes here so you are always aware of what information we collect, how we use it, and the circumstances (if any) in which we disclose it.  We will not provide you with individual notice of any changes to our privacy policy unless we are required by law to do so.  

1. WHAT INFORMATION DO WE COLLECT AND HOW?

VLDL may collect and use Personal Information when you:

● use our goods and services;

● make purchases from us or from any of our related entities or official business partners;

● access, browse, use, or interact with our website vivaplus.tv (Website); create an account with us or become a member via our website;

● sign up, or subscribe, to any of our mailing lists or clubs;

● enter a contest, giveaway, or promotion organised by us;

● complete a survey or questionnaire provided by us;

● contact our support team via our website, phone, text, email or other platform. 

‘Personal Information’ means information that can be used to personally identify you such as your name, physical address, email address, gender, date of birth, contact phone number, and payment details (Order Information).  It can also include usage information (being anonymous data that is automatically collected through the use of our website that identifies your device, operating system or IP address) (when such usage information can be used or aggregated with other information to identify you (Device Information).  When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Order Information that can be used to identify you as an individual.

It is your choice to provide Personal Information to us. Wherever it is lawful and practicable, you have the option not to identify yourself when interacting with us.  We do not knowingly collect or process the Personal Information of anyone under the age of 16 without the consent of their parent or guardian.

Website:

When you visit our Website we automatically collect certain Device Information, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Website, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Website, and information about how you interact with the Website. 

We collect Device Information using the following technologies:

• “Cookies” are data files that are downloaded on your device or computer when you access the Website and often include an anonymous unique identifier. Cookies hold specific information that helps a website ‘remember’ your actions and preferences over time.  Cookies can stay on your device temporarily or until you manually delete them.  You can adjust your browser settings at any time to block Cookies, however please note that doing so may limit your access to some of our website’s content and features.  We may use cookies to track non-personally identifiable information such as usage and volume statistics for research and marketing purposes and to further develop our website. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org. 

 

• “Log files” track actions occurring on the Website, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.

• “Web beacons”, “tags”, and “pixels” are electronic files used to record information about how you browse the Website.

 

We also use Google Analytics to help us understand how our customers use the Website -- you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

 

Please note that we do not alter our Websites data collection and use practices when we see a Do Not Track signal from your browser.

 

Additionally, when you make a purchase or attempt to make a purchase through the Website, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers), email address, and phone number. This information is Personal Information.

Third Party Sites

Our goods and services may contain plug-ins and links to third party sites to enhance your user experience, including social media platforms, e-commerce platforms, and external payment gateways (“Third Party Sites”). PLEASE NOTE THAT THIS PRIVACY POLICY DOES NOT COVER THE PRIVACY PRACTICES OF THIRD PARTY SITES. Please refer directly to the privacy policies and statements of the operator of any Third Party Sites to obtain information regarding their data collection, use, and disclosure policies.

We do not have access to, or control over, the technologies that Third Party Sites may use to collect information about you. We disclaim any and all liability in connection with the services of any Third Party Sites integrated or otherwise linked to the goods and services, and we encourage you to reach out to them directly should you have any questions in connection with their services. For a full list of Third Party Sites integrated or otherwise linked to our goods and services, please email our Privacy Officer (details below).

By using the Website you acknowledge that the Website may use the YouTube API services and, as such, the user agrees to be bound by the YouTube terms of service which can found in the following link: https://www.youtube.com/t/terms. By using those services you also acknowledge and agree to the connected use of the Google Privacy Policy which can be found through the following link: https://www.google.com/policies/privacy.

2. HOW WE USE YOUR PERSONAL INFORMATION

We collect or obtain Personal Information for the operation of VLDL’s activities, including:

• providing you with goods and services;

• direct and indirect marketing purposes (including surveys) which we think you may find interesting (unless and until you ‘opt out’);

• facilitating and enabling the creation of online user accounts;

• internal data analysis, statistical and reporting purposes;

• confirming your identity;

• processing payments and fulfiling orders for goods and services (if applicable), including arranging for shipping, providing invocies and/or order confirmations;

• communicating with you in relation to an order or your use of the goods and services;

• preventing, detecting, and investigating potential illegal activities, security breaches and fraud;  

• complying with applicable laws, regulations, and codes of practice;

• other purposes for which you have given your consent for example providing you with information or advertsiing relating to our products oir services; and

• select you for employment or suitability for participation in events.

 

For the avoidance of doubt, we will only use, and you authorise us to use, your Personal Information for these purposes or as otherwise authorised by you or where required by law.  We will not sell, rent, or licence any of your Personal Information.

 

We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Website (for example, by generating analytics about how our customers browse and interact with the Website, and to assess the success of our marketing and advertising campaigns).

 

As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

 

‘Opt Out’

We recognise your right to opt out from direct marketing, and as such these consents can be modified at any time by emailing us or clicking unsubcribe on any direct marketing communications.  Please note certain non-marketing related correspondence from us, including messages relating to payment, and orders may be automatically sent to you by virtue of your use of our goods and services or the Website and you may not have the option to unsubscribe from receiving this correspondence.

 

You can opt-out of targeted advertising by using the links below:

• Facebook: https://www.facebook.com/settings/?tab=ads

• Google: https://www.google.com/settings/ads/anonymous

• Bing: https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads

Additionally, you can opt-out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.

3. WHO WE DISCLOSE YOUR PERSONAL INFORMATION TO

Sometimes we may disclose your Personal Information. You agree and consent to us disclosing your Personal Information (on a need to know basis) to:

• our directors, officers, employees, contractors, agents, and associated entities;

• our business partners;

• our contracted external service providers with whom we have entered into an agreement with to help us provide the goods and services, including but not limited to e-commerce platforms such as Fourthwall to power our Website, marketing agencies, financial services providers, payment gateways, technical support and more.For a full list of our current service providers, please email our Privacy Officer;

• Third Party Sites;

• our accounting, legal, and other professional advisors;

• government and regulatory authorities;

• any third party with your express approval; and

• where we are required to disclose such information by law, to otherwise prevent harm or otherwise protect our rights. 

You can withdraw your consent for us to share your Personal Information with third parties at any time by emailing our Privacy Officer, but please note that withdrawal of such consents may affect your ability to access and use our goods and services.

 

4. YOUR RIGHTS TO YOUR PERSONAL INFORMATION

In accordance with the Privacy Act, you have the right to access, review and update the Personal Information we hold about you.  You can update or correct your details with us at any time by emailing us. You acknowledge that it is your responsibility to maintain the truth, accuracy, and completeness of your information and we shall have no liability to you or any third party arising from your failure to keep your information up to date. 

In accordance with the GDPR, we acknowledge the additional rights of European Union subjects to:

• have their data erased that is no longer being used for a legitimate purpose;

• request a copy of all Personal Information held about them in a readable format, along with supplementary information to verify that such Personal Information is being processed lawfully; and

• request restricted processing of their Personal Information whilst any complaints or concerns are being resolved.

To erase, request, or restrict processing of your Personal Information, please email our Privacy Officer.

 

5. STORAGE AND SECURITY OF YOUR PERSONAL INFORMATION

We store your Personal Information electronically in New Zealand and/or the United States of America.  All Personal Information is stored on secure servers to limit the risk of loss, disclosure or unauthorised access.  For online payments we use processing services with international reputations.  We do not have access to your credit card or account details sent to those processing services and we do not electronically store such information.  

All Personal Information we hold is only kept for as long as is necessary for VLDL to carry out its activities.

When you place an order through the Website, we will maintain your Personal Information for our records unless and until you ask us to delete this information and/or we have no legitimate purpose to keep it.

 

No security measures are, however, 100% secure so we cannot guarantee the security of your information or data at any time. To the extent permitted by law, we accept no liability for any breach of security, or direct hacking of our security measures, or any unintentional disclosure, loss or misuse of any information or data or for the actions of any third parties that may obtain any information or data.

However we acknowledge our obligation to report any data breach that is likely to risk the rights and freedoms of natural persons to the New Zealand Privacy Commissioner. We will also inform you, where possible, if security of your Personal Information has been breached.

Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Website), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be held and transferred outside of Europe, including to New Zealand and the United States of America.

CONTACT

Thank you for taking the time to read our privacy policy. If you have any questions regarding our privacy policy, please contact our Privacy Officer (details below).  If you are not satisfied with our handling of your Personal Information, then you may lodge a formal complaint with New Zealand Privacy Commissioner (for more information see https://www.privacy.org.nz/).

Privacy Officer:

Viva La Dirt League Productions Limited
Suite 1, 48 Broadway, Newmarket, Auckland, 1023 , New Zealand

email: privacy@vivaladirtleague.com

 

UNSOLICITED MATERIAL

VLDL does not accept unsolicited materials.  If you wish to submit material to us then please do so through recognized entertainment industry agents or professionals.  If you submit any unsolicited materials to us, you agree that VLDL will not be liable for any similarities between such unsolicited materials and any content created by VLDL and you waive any right you may have to take any action against VLDL in connection with any similarities between VLDL’s content and such unsolicited material.