Privacy Policy

Richard Higham Artist (referred to as “we”, “us” or “our” in this privacy policy) is committed to protecting client personal information (referred to as “you” and “your” in this privacy policy) and acting in accordance with the terms and conditions of this privacy policy and the Privacy Act 2020.

This privacy policy will inform you as to how we manage your personal information including what information we collect about you, the purposes for which we collect that personal information and how we handle that personal information.

This privacy policy is created in compliance with the Privacy Act 2020 in New Zealand.

1. WHAT PERSONAL INFORMATION DO WE COLLECT?

Personal information means any information about an individual from which that person can be identified. It does not include information where the identity of the person to which the information relates has been removed (i.e. anonymous information).

The kind of personal information we collect about you will differ depending on the nature of your dealings with us. We may collect personal information from and about you including but not limited to the following:

(a) Identity Data including contact information, such as your full name, date of birth, email address, residential, business or billing address, phone number, and driver’s licence details;

(b) Company Data including but not limited to your company name, company number and revenue details;

(c) Transaction Data such as payment information and other details of the products and services you have purchased from us;

(d) Financial data such as finance, or credit information, and information that you have authorised our third parties to provide to us, such as credit agencies or references;

(e) Technical data including internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access our website;

(f) Usage data including information about how you use or are interested in our website and services and interactions with our staff including phone and email communications;

(g) Marketing and Communications Data including information collected from marketing campaigns, product research, customer surveys, your interactions with us including via social media or publicly available information that you post or publish; and

(h) Other Data including information that you have authorised other third parties to provide to us.

In some cases, we may be legally required by New Zealand law to collect personal information from you. Please contact us to request further information about what personal information we are legally required to collect or if you have any questions about this.

It is important that the personal information we hold about you is accurate and current. You must ensure that any personal information you provide to us is true and accurate. Please keep us informed if your personal information changes.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific area of our website. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we will treat the combined data as personal data which will be used in accordance with this privacy policy.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data).

2. IF YOU FAIL TO PROVIDE PERSONAL DATA

If you fail to provide any information that is reasonably requested by us, we may not be able to respond to your queries, provide you with (or assess your application for) products, services and offers or provide you with the full benefit of our website.

3. WAYS WE COLLECT PERSONAL INFORMATION

We use different methods to collect personal information about you, including but not limited to direct interactions with you, as a result of your use of our website or services and from third parties and publicly available sources.

We may collect personal information from and about you in the following manner:

When you enquire with us or request information about our artwork or other products;

When you order artwork or any other product from us;

When you contact or interact with us whether in person, by email, phone, SMS, via our website (including via our contact form) or through other forms of communication;

When you participate in surveys, competitions, promotions, events, sponsorships or other activities;

From publicly available sources;

From third parties, including but not limited to, contractors performing a service or function on our behalf and agents; and

Any other parties you refer us to or who refer us to you.

4. HOW DO WE USE YOUR PERSONAL INFORMATION?

We will use your personal information for a number of purposes connected with our business operations and functions, including but not limited to:

Processing your orders for artwork or other products including providing further information about our artwork, products or offers or responding to your enquiries, concerns or complaints;

To fulfil any of our obligations and enforce any rights in accordance with our terms and conditions.

Marketing and advertising purposes;

Administering and managing our relationship with you;

Dealing with requests, enquiries or complaints and other customer care related activities and all other general administrative and business purposes;

Analysing or improving our customer experience and marketing, website services and improving our customer service to you, including carrying out market and product analysis and research;

Contacting you (including by email) about any changes to our website;

To make suggestions and recommendations to you about services that may be of interest to you;

Enforcing our rights under the terms of any agreement we have with you;

Carrying out any activity in connection with any legal, governmental or regulatory requirements that we are subject to or in connection with legal proceedings, crime or fraud prevention, detection or prosecution;

To administer and protect our business and our website (including troubleshooting, data analysis, testing, system maintenance and support);

Identifying any unauthorised attempts to upload or change information, or otherwise cause damage to our website or business; and

Any purpose which we notify you about when we collect your information or to which you have provided your consent.

We, or third parties authorised by us, may use non-personally identifiable information to compile statistical and analytical reports on the use of the website by all of our customers, provided that such reports do not identify you or any other individual users.

We will only use your personal information for the purposes for which we collected it, unless you have authorised the use of your information for another purpose or we reasonably consider we need to use your information for another purpose which is directly related to the purpose for which it was obtained or as otherwise permitted by law.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by New Zealand law.

5. WHO MAY RECEIVE YOUR PERSONAL INFORMATION?

We may disclose your personal information to certain third parties for a particular purpose, including but not limited to:

Third parties who provide services related to the products and services that we provide (including various art galleries and freight companies);

Our employees and our agents or contractors who perform a particular function or service on our behalf (for example, mailing houses, organisations that assist us to conduct promotions or market research, customer support providers, information technology providers and debt collection agencies);

Third parties who are involved in the prevention or detection of fraud or crime or the apprehension or prosecution of offenders, including the operators and participants of crime prevention schemes in which we participate who may compare your personal information with information collected from other sources and who may keep a record of the searches we make against your name;

Third parties to whom we may be required to pass your information by reason of legal, governmental or regulatory authority or where we believe in good faith that disclosure is necessary to protect or enforce our rights or the rights, property or safety of others;

Trusted third parties to provide services or perform functions on our behalf, including accountants, lawyers and other professional advisors. We may provide such persons with access to the personal information necessary to perform these functions, based on our instructions and on the condition that this information is treated with the utmost care and kept confidential in line with the requirements of New Zealand privacy legislation; and

To any other third party where you have given your express consent for us to do so;

As otherwise required or authorised by or under law.

If our assets or business are acquired by a third party, our customer information will be one of the transferred assets. In that case, we will continue to ensure the confidentiality of any personal information and will give affected users notice before personal information is transferred or becomes subject to a different privacy policy.

We may disclose non-personally identifiable information to our service providers (such as Google) for the purposes of conducting our business and improving our website, services and marketing.

6. THIRD PARTY WEBSITES

Please note our website or any communications from us may also contain links to other third party websites. We do not have any control over those websites and this privacy policy does not apply to the privacy policies of these third parties.

We encourage you to review the privacy policy of any other website you may interact with.

7. COOKIES

When you interact with our website, we will automatically collect technical information about your equipment, browsing actions and patterns. Technical information includes internet protocol (IP) address, login data, time zone setting and location, operating system and platform, and other technology on the devices you use to access and use our website.

We collect this technical information data by using cookies and other similar technologies.

A cookie is a small file of letters and numbers that we put on your computer or mobile phone. These cookies allow us to distinguish you from other users of our website, which helps us to provide you with a good experience when you use our website and also allows us to improve our website.

The cookies we use allow us to:

Recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily;

Assist with the operation of our website;

Recognise you when you return to our website. This enables us to personalise our content for you, and remember your preferences; and

Record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests.

You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies you may not be able to access all or parts of our website.

Please note that links to third party websites, plug-in and applications may use cookies, over which we have no control.

8. SECURITY OF YOUR INFORMATION

We maintain security safeguards to protect your information and take reasonable steps to ensure that your personal information is not disclosed to any unauthorised person or entity. Some of the ways we protect your information include restricting access to your information only to personnel who need it to perform their functions. They will only process your personal data on our instructions and they are subject to a duty of confidentiality. Any information that we collect about you is held by us and is kept safe by us at our premises.

Only personnel who have a legitimate business purpose for accessing and handling information obtained by us are given authorisation to do so. Any unauthorised access or use of such information by our personnel is prohibited.

Regardless of the security measures taken by us, you acknowledge and understand that no data transmission over the internet and no security software or other security features we have put in place to protect your personal information can be guaranteed as totally secure.

9. RETENTION OF YOUR INFORMATION

We will only retain your personal information for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements.

By New Zealand law we have to keep basic information about our clients (including Contact, Financial and Transaction Data) for 6 years after you cease being clients of ours for tax purposes.

We may retain your personal information for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

In some circumstances you can ask us to delete your data. Please refer to your legal rights below for further information.

10. YOUR LEGAL RIGHTS

You are entitled to request access to and correction of any personal information held by us.

Under certain circumstances, you have rights under data protection laws in relation to your personal data including the right to:

Request access to your personal data. This enables you to receive a copy of the personal data we hold about you.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:

(a) If you want us to establish the data’s accuracy.

(b) Where our use of the data is unlawful but you do not want us to erase it.

(d) You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

Please contact us via email (richard@richardhighamartist.co.nz) or using the contact details otherwise specified in this privacy policy if you wish to access, change or correct your personal information, or if you have any questions about our privacy policy.

11. ACCESSING YOUR DATA  

We will provide you with access to your personal information unless we are required or authorised to refuse such access by law. We will respond to access to information requests as soon as reasonably practicable but no later than 20 working days after the day on which we receive the request.

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

12. CHANGES TO OUR POLICY

We keep our privacy policy under regular review and this privacy policy may be amended from time to time. This version was last updated in June 2024.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

13. CONSENT TO OUR POLICY

Your use of our website or services constitutes acceptance of this privacy policy (or any future variation which may be uploaded to the website).

14. CONTACT DETAILS

Our privacy officer is responsible for overseeing your personal data requests. If you have any questions about this privacy policy, including any requests to exercise your legal rights, or would like to raise any concerns, please contact us at richard@richardhighamartist.co.nz. We would appreciate the chance to deal with any of your concerns in the first instance.

Richard Higham Artist collects your personal data. Richard Higham Artist’s address is 28 Tarndale Grove, Rosedale, Auckland. If we move premises, our address will change and we will notify you of this change through any means of communication, most likely email, to the most up to date contact information you have provided us.

If you believe that your privacy has been compromised, or if you feel that we have breached the privacy laws, you are entitled to make a complaint. Complaints can be made by contacting the person or department you were dealing with, or by contacting us using our contact details as specified in this privacy policy.

If your complaint is not satisfactorily resolved, you can contact us to discuss your concerns or lodge a complaint with the Office of the Privacy Commissioner by visiting www.privacy.org.nz calling 0800 803 909 or using the online complaint form.

We welcome any feedback or questions about our privacy policy or any other interaction you may have had with us.