Privacy Policy

Here you will find how MARKY collects, uses and discloses your information, and how you can correct or change your Personal Information.

This Privacy Policy should also be read in conjunction with our Website Terms & Conditions of Use.

1. About our Privacy Policy

1.1. By using www.marky.nz and any related website (the Website) and/or providing information to us, you agree to the use and disclosure of your information as set out in this Privacy Policy.

1.2. Please read this Privacy Policy. If you don’t, or if you do not accept the terms of our Privacy Policy, you are not authorised to use our Website or Services, or to otherwise deal with us.

2. Collection of Information

2.1. We collect various information about you. This information includes:

• information that personally identifies you such as your name, address, email address, phone number, credit card information / payment details (Personal Information), being:
  • personal information provided by you when using our Services; or
  • personal information provided by you for any other reason, including enquiries you submit;
• information that does not personally identify you (Non-Personal Information), being:
  • non-personal information provided by you when using the Website or for any other reason, including enquiries you submit;
  • information collected by us through click tracking in relation to your use of the Website, including the content you upload and the content you access;
  • aggregated data, which tracks traffic to the Website, including your device identifier, server address, IP address, domain, the platform you are using, browsers used when accessing the Website, search terms you use, pages accessed on the Website, links that are clicked, and time and date of visits; and
  • “cookies”, which are pieces of information transferred to your computer hard drive for record keeping.

2.2. By allowing us to use your information, including Personal Information, we can provide you with the relevant services you require. Failure to provide, or allow us to obtain, information (including Personal Information) may result in certain functions of the Website or our services not being available to you.

3. Use of Personal Information and Sensitive Information

3.1. The Personal Information we collect may be used for the following purposes:

• verification of your identity, and to protect the integrity of our Website;
• to answer enquiries you submit with us;
• to process trade mark applications and related payments;
• to fulfill your requests and to provide you with updates;
• to provide you information, advice and guidance as part of our services, including such information, advice and guidance that is tailored to you;
• to refer you to Third Parties if you have requested this, or if we think this is prudent;
• to provide information about our offerings that we think you may be interested in;
• to request feedback on our services;
• to send you information we think you may reasonably be interested in, including by way of a newsletter;
• to assist in providing better services to you by tailoring them to meet your needs;
• to monitor your use of the Website and the operation of the Website;
• to provide further information to you about the Website or other websites we or our related businesses (Affiliates) own and services we or our Affiliates provide;
• to promote or market special offers related to our services or industry in general, including services provided by others; and
• for any other use that you authorise.

3.2. If you do not wish to receive communications from us for any of the purposes described above (excluding clauses 3.1(a) – (e), which are necessary for us to provide our services to you), you may unsubscribe from receiving any such communications.

4. Disclosure of Personal Information

4.1. We may disclose your Personal Information for the purposes described above.

4.2. We may also disclose any and all information that we collect from you when we believe release is appropriate to comply with laws or regulations, enforce or apply our Website Terms & Conditions of Use or Client Terms and Conditions, or to protect the rights, property, or safety of us, you, our users, or others or to satisfy legal processes or governmental requests.

4.3. We take reasonable steps to protect your Personal Information we collect from unauthorised access, loss or misuse. However, as no data transmission over the Internet can be guaranteed to be completely secure, we cannot ensure or warrant the security of any information you transmit or receive through the Website. These activities are conducted at your own risk.

5. Accessing and Updating your Personal Information

5.1. You have rights of access to and correction, erasure or restriction of your Personal Information that we hold. You may request that we do so by contacting MARKY.

5.2. No fee is required to exercise the rights outlined above in clause 5.1. However, we may charge a fee if your request is unfounded, repetitive or excessive or we may refuse your request.

6. Advertising and Links

6.1. Our Website may contain links to other sites, which may not follow the same privacy policies as us. We recommend that you check any relevant privacy policies before providing your personal information to any third party.

6.2. You acknowledge that we have no control over the privacy policies of other businesses, and you agree it is your responsibility to review such privacy policies prior to submitting any personal details to them.

6.3. The Website may be linked to various social networking sites. Your personal information may be accessed and viewed by users of those sites if you submit your information on those sites. You acknowledge and agree that we are not responsible for protecting your personal information on these sites.

7. Non-Personal Information

7.1. By accessing the Website, some Non-Personal Information such as your IP address, device, browser and domain and the date and time of your access may be recorded in a “cookie” file.

7.2. We may use the information generated by "cookies", tracking pixels and other related technologies to:

• track traffic patterns to and from the Website including information like the pages you visit, the time you spend on each page, the date and time of your visit, and referring pages (pages you came from or go to);
• ensure advertising is being shown to the most appropriate person and limit the frequency of display for certain advertisement formats;
• enable you to enter our sites and use certain products services without having to log on each time and to visit restricted areas of the Website;
• pre-populate information in the ordering or enquiry process to make the processes on our Website easier for you;
• identify and maintain certain views and options for user preference; and
• enable us and our Affiliates or partners to serve targeted advertising to you (on our Website and elsewhere).

7.3. You can choose to refuse cookies by turning them off in your browser and/or deleting them from your hard drive. However, without cookies, the Website may not function as intended and you may not be able to use the Website.

8. Use and Disclosure of Non-Personal Information

8.1. You acknowledge and agree that we may provide or licence to any Third Party Non-Personal Information and related rights. But, subject to clause 9.2, we will not provide or licence to any third party any Personal Information other than in accordance with this Privacy Policy.

9. Rights to Information

9.1. The information we hold about you and the related rights we have in relation to that information (as outlined above) are held by MARKY LIMITED. MARKY LIMITED is the controller and is responsible for your Personal Information.

9.2. You acknowledge that we may transfer or licence the information (including Personal Information) and related rights to Affiliates or to any third party in the process of sale or part sale of the businesses of MARKY LIMITED.

10. Further Information

10.1. If you require any further information, or if you have an issue or complaint, please contact MARKY.

10.2. You have a right to make a complaint to the Privacy Commissioner in New Zealand. However, MARKY would appreciate the opportunity to address your concerns before you approach the Privacy Commissioner.