Terms of Use & Privacy Policy

GILTRAP ENGINEERING LIMITED TERMS OF USE

1. General

1.1 Thank you for visiting our Website. This Website is owned and operated by Giltrap Engineering Limited (“Giltrap”). By accessing and/or using our Website, Duncan Calibration App or any other online platform operated by us from time to time (“Site”) you agree to these terms of use, which includes our Privacy Policy (“Terms”). You should review the Terms carefully and immediately cease using our Site if you do not agree with the Terms.


2. Definitions


3. Access and use of the Site

3.1 You agree to access and use the Site in accordance with the Terms and all applicable laws.


3.2 We grant you the right to access and use the Site. This right is non-exclusive, non-transferable, and subject to these Terms (which may be amended from time to time) and all other terms and conditions are expressly excluded unless otherwise agreed in writing.


3.3 You may not:

(a) archive, copy, reproduce, distribute, modify, display, publish, licence, create adaptations or derivative works from, offer for sale or use (except as expressly authorised under the Terms) any of the Site content;
(b) circumvent, remove, alter, disable, deactivate or otherwise interfere with any security-related features of the Site;
(c) use any automated tools or mechanisms including any robot, spider or scraper to access the Site or insert any code or manipulate the Site;
(d) reverse engineer, disassemble or decompile any software or software processes in relation to the Site; 
(e) use the Site content for any commercial purpose (except as expressly permitted by these terms of use), or for any public display (commercial or non-commercial);
(f) remove any copyright or other proprietary notices on the Site; and
(g) install any viruses, worms, malware or other harmful or destructive software or thing that may impair the functionality of the Site or the ability of others to access and use the Site.

4. Giltrap’s Rights

4.1 Under the Terms, we may:

(a) edit or remove any content, features or functionality of the Site; and/or
(b) monitor your use of the Site; 

4.2 If you breach the Terms, we may:

(a) suspend or terminate your use of the Site; and/or
(b) take legal action against you.

4.3 We may terminate your access to the Site without notice. Clause 7 (No Warranty/Disclaimers) and clause 10 (Limitation of Liability) will survive such termination.


5. Intellectual Property

5.1 Your use of the Site does not transfer the ownership or grant any right or title in or to any of our Intellectual Property Rights to you or any third party.
5.2 You agree and acknowledge that:

(a) we retain all right, title and interest in and to our Intellectual Property Rights and you agree not to attack, dispute or contest the validity, or the ownership, of our Intellectual Property Rights; and
(b) no ownership rights in any of our Intellectual Property Rights are vested or created by the limited rights of use granted to you under these terms of use and that all use of our Intellectual Property Rights under these terms of use, continues for our benefit.

6. Privacy and Communications

6.1 By using the Site, you agree to abide by and comply with our Privacy Policy available below

6.2 We collect and use your personal information in order to assist you in accessing our products and services and for purposes otherwise set out in our Privacy Policy.

6.3 We may disclose your personal information to third parties that help us with our business functions (including our dealers, agents, distributors, information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide your personal information, we may not be able to provide all of our products and services to you. We may also disclose your personal information to recipients that are located outside of New Zealand. All personal information, collected, used, disclosed and stored by us will be in accordance with our Privacy Policy. 

6.4 Our Privacy Policy explains: (i) how we store and use, and how you may request access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any complaint. If you would like any further information about our Privacy Policy or practices, please contact our privacy officer at privacy.officer@giltrapag.co.nz.

7. No Warranty/Disclaimer

7.1 To the maximum extent permitted by law, we expressly disclaim and exclude all representations, warranties, conditions and guarantees, including (without limitation) in respect of quality, merchantability, fitness for purpose, condition, description, manufacture, design or performance whether express, implied by common law, law merchant, trade usage, custom, statute or otherwise in relation to the Site or, except as otherwise set out in these terms and conditions.

7.2 You acknowledge and agree that:

(a) your use of the Site is at your sole risk; 
(b) the Site is provided “as is”; and
(c) the Site may not be secure, timely, uninterrupted, error-free or otherwise reliable; 
(d) We may cease to make available any of the Site content;
(e) the transmission of information via the internet is not secure and we cannot guarantee the security of your data in transmission to or from our Site.
(f) We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of the Site or a linked website. You must take your own precautions to ensure that whatever you select for your use from the Site is free of viruses or anything else (such as worms or trojan horses) that may interfere with or damage the operations of your computer systems.

8. Linked Sites

8.1 Our Site may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites, accuracy, security and have no control over or rights in those linked websites.

9. Indemnity 

9.1 You agree to indemnify us against all liabilities, costs (including full costs between solicitor and client), losses, claims, expenses and demands incurred by us which arise from or in connection with your access or use of the Site, including but not limited to any breach by you of the Terms, and from any third party claims arising out of or incidental to your use of the Site.

10. Limitation of Liability

10.1 Despite anything else contained in the Terms, any liability to you by us in respect of anything arising from or concerning the Terms and the Site, whether arising in tort (including negligence), contract, breach of statutory duty, equity or otherwise arising from any relationship with you (“Our Liability”) is excluded to the fullest extent permitted by law. To the extent that Our Liability cannot be excluded by law, or to the extent that the exclusion of our liability would render the Terms unenforceable, you agree that the maximum amount that you are entitled to claim against us (in total) and the maximum amount that we (in total) are liable to you for is 100 New Zealand dollar or the next largest amount that would be needed to render the Terms (including these exclusion and limitation provisions) enforceable for our benefit. Despite anything else contained in the Terms, you agree that we are not liable to you (or to anyone else) for any failure or delay in the performance of our obligations under the Terms to the extent that the failure or delay is caused, directly or indirectly, by an event outside our reasonable control. 

11. Variations

11.1 To the extent permitted by law, from time to time we may change the Terms by publishing new and amended terms on the Website.

11.2 Unless stated otherwise, new and amended terms will take effect immediately on becoming available to view on the Website.  Visiting (other than for the limited purpose only of viewing) or use of the Site will be deemed to be acceptance of the new or amended terms.

12. General Provisions

12.1 Severability: If any part or provision of the Terms are held to be invalid, illegal or unenforceable that part or provision will be deemed deleted from the Terms and the remainder of the Terms will continue to apply.

12.2 Relationship: The Terms do not create any relationship of partnership, agency, employment or joint venture between you and us.

12.3 No waiver: Any failure or delay by either you or us in exercising (or in partially exercising) any right, power or remedy arising from a breach of these terms of use (“Right”) does not operate as a waiver of that Right unless that waiver is provided in writing and signed by the party granting the waiver. The existence of any Right of ours expressly set out in these terms of use, or the exercise of such, does not limit or prejudice any other rights, powers or remedies available to us in contract, at law or in equity, including any rights, powers or remedies that would be available to us if the right, power, or remedy was not set out in these terms of use.

12.4 Assignment: You may not assign or transfer your Rights or obligations under the Terms without our prior written consent.  We may assign, transfer or novate any of our rights and obligations under the Terms without your consent. 

12.5 New Zealand law: The Terms shall be interpreted in accordance with, and governed by, the laws of New Zealand. Your use of the Site and any other matter arising from the Terms are subject to the laws of New Zealand.  You agree that any dispute arising from or relating to the Terms or the Site is governed by the non-exclusive jurisdiction of the courts of New Zealand.

12.6 Entire Agreement: Unless we otherwise agree in writing, the Terms constitute the entire agreement between us and you in relation to your use of the Site. 

12.7 Contact:  If you have any questions or concerns in relation to the Site or the Terms, please contact us via the "Contact Us" link provided on the Website.


Privacy Policy

Giltrap Engineering Limited (Giltrap, we, us, our) is committed to protecting your Personal Information and ensuring compliance with the New Zealand Privacy Act 2020 (Privacy Act) (if you are in New Zealand) and the European Union’s General Data Protection Regulation (GDPR) (if you are in a Member State of the European Union).

This Privacy Policy gives details of the Personal Information that we collect via our website, mobile app called Duncan Calibration or any other online platform operated by us from time to time (Site) or when you interact with us or use our products and services.

This Privacy Policy also covers how and why Personal Information is collected, used, disclosed, and processed; and the lawful basis on which your Personal Information will be processed by us; how you can request access to or correction of your Personal Information, and how you can manage receiving communications from us. 

If you are in the Member State of the European Union, then you have additional rights under the applicable privacy laws which is outlined in the ‘GDPR’ section of this Privacy Policy.

What is Personal Information

Personal Information means any information relating to an identified or identifiable natural person.

Your informed consent

Please read this Privacy Policy carefully. Based on our Privacy Policy, you can then make an informed decision on whether you wish (and continue) to visit our Site, use our services or interact with us.

You can withdraw your consent at any time for any reason by notifying us at privacy.officer@giltrapag.co.nz that you no longer wish your Personal Information to be used for the purposes outlined in this Privacy Policy. If you no longer agree with our Privacy Policy or do not agree with the changes that we make to our Privacy Policy from time to time, please discontinue your use of our Site. If you withdraw your consent, we will stop collecting your Personal Information, but we may not be able to continue providing some or all of our services to you.

If you wish to ‘opt-out’ of receiving certain communications from us or your Personal Information being provided to third parties for direct marketing purposes, then you should notify us or unsubscribe from our mailing list by clicking ‘unsubscribe’ at the bottom of our communications to you. If you decide to do so, then we will only communicate with you to the extent necessary to perform our obligations to you, such as to complete our transaction with you or where we are required to do so by law.

You can otherwise contact us at any time by emailing privacy.officer@giltrapag.co.nz or writing to us at Giltrap Engineering Limited, PO Box 83, Otorohanga 3900, New Zealand, Attn: Privacy.

For the purpose of:

Data controller

The “data controller” (for the purpose of the GDPR) and the “agency” (for the purpose of the Privacy Act) that is responsible for your information is Giltrap Engineering Limited (NZCN 189485), based in New Zealand.

You can contact us at any time by clicking Contact Us on our website.

Information that is collected and processed

The table below outlines the 4 general categories of information that we collect for processing and the legal basis on which that information is processed: 

Category

 

Types of Personal Information collected

Legal Basis for Processing

Information you give us

You may choose to provide us with Personal Information when you communicate with us.

Example: when you make product enquiries, or when you opt-in to receive our marketing and promotional materials.

·       Contact details (name, postal address, email, phone number)

·       Your product preferences

·       Any other information you choose to give us

We collect and process this information based on our legitimate interest to respond to your requests or queries, to provide you with a high level of customer service and to market and promote our products to you.

Information that is necessary for your use of our Site

We ask for and collect Personal Information when you use our Site.

Example: when you register on our mobile app, when you register your warranty, when you submit a request to us or when you sign up to our mailing list on our Site.

·       Your product preferences

·       Your account information

·       Any additional information we request and that you provide in connection with the operation of our business and performance of our services to you.

 

We collect and process this information based on our legitimate interest to respond to your requests or queries and to provide you with a high level of customer service. Without the information, we may not be able to provide you with the requested product or services.

Information we automatically collect from your use of our Site

When you use the Site, we automatically collect Personal Information your interest in the products and services.

Example: when you use certain features within our Site, when you visit or when you browse the content on our Site, when you accept our ‘Cookies’ (see ‘How we use cookies’ below).

·       Your geo-location through your IP address or mobile device’s GPS

·       Your user information (content, webpages, other actions performed on our Site).

 

We collect and process this information based on our legitimate interest in ensuring a positive user experience, to provide and improve the functionalities of our Site.

Information we collect from third parties

We may collect information that others provide about you when they use the Site or obtain information from other sources (including our third party service providers and dealers) and combine that information we collect through our Site.

Example: when you link, connect or login to our Site from a third party service (eg Google, Facebook etc), and when other parties provide us with information, including data from our dealers to help improve user experience. To detect fraud and Site security issues.

·       Your product and service preferences

·       Your profile information from third party sites

·       Your user information from third party sites

·       Other information from publicly available sources.

We collect and process this information based on legitimate interest in ensuring a positive user experience, ensuring the security of our Site and the safety of our customers and, where necessary, to communicate with you.

In addition to those that are outlined in the table, we will also collect and process Personal Information where you give us your informed consent.

How the information is used and disclosed

With your consent, we will collect, use and disclose your Personal Information for the following purposes:  

From time to time, we may disclose your Personal Information to third party service providers, including dealers in both New Zealand and overseas, whom we engage to assist us in our business functions and activities (for example providing customer services, sending marketing communications, and providing maintenance services for our Site). We will require our third party service providers and dealers to comply with the terms of this Privacy Policy and the applicable privacy laws of the country in which they are located.

In some cases, we may remove personal identifiers from your Personal Information and maintain it in an aggregate form. We may combine this information with other information that we hold to produce anonymous, aggregated statistical information (e.g. number of visitors, originating domain name of the internet service provider), which is helpful to us in improving our products and services. Once your Personal Information is anonymised, it may no longer be capable of identifying, or being re-linked, to you.

How we use cookies

Cookies are small text files placed on your computer, mobile phone, tablet, or other electronic device to store data that can be recalled by a web server in the domain that placed the cookie. This data often consists of a string of numbers and letters that uniquely identifies your device, but it can contain other information as well. Some cookies are placed by third parties acting on our behalf. From time to time, we may use cookies and similar technologies to store and honour your preferences and settings, enable you to sign-in, provide interest-based advertising, analyse how our Site and service perform, and fulfil other business functions or operations set out in this Privacy Policy. 

Transfer of information to other countries

In order to provide you with our products and services, we may need to disclose and transfer your Personal Information to third parties and our dealers located outside New Zealand.  We will take reasonable steps to ensure that the overseas recipient is required to protect your Personal Information in a way that, overall, provides comparable safeguards to those under New Zealand privacy laws. Examples of such steps include a written agreement between us and the recipient, or making reasonable enquiries regarding the data protection standards of the country in which the recipient is domiciled in. 

If you are in a Member State of the European Union, your Personal Information may be transferred to or stored in a geographic region that imposes different privacy obligations than the country you are currently in. We will only transfer your Personal Information to a “secure third country”, such as New Zealand, or to a third country or international organisation where appropriate safeguards are provided in accordance with the GDPR.

Controlling your Personal Information

You can choose to restrict the collection or use of your Personal Information in the following ways:

We will not sell, distribute or lease your Personal Information to third parties unless we have your consent or we are required by law to do so. We may use your Personal Information to send you promotional information about third parties which we think you may find interesting, if you consent to us doing so.

Links to other websites

Our Site may contain links to other websites of interest. However, once you have used these links to leave our Site, you should note that we do not have any control over the other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting third party websites and such websites are not governed by this Privacy Policy. You should exercise caution and look at the privacy policy applicable to those websites.

How you can request access or correction of your information

If you wish to request correction of your Personal Information that we hold, please login to our account on our Site to make changes. If you do not have an account with use, then contact us using the contact details listed above.

We will correct your Personal Information if it is necessary to ensure that your Personal Information is accurate, up to date, complete and not misleading.  If we decide that it is unnecessary to correct your Personal Information, we will let you know the legal reasons for our decision.  If you are not happy with those reasons, then you have the right to complain to the New Zealand Privacy Commissioner: www.privacy.org.nz/your-rights/how-to-complain/.    

If you wish to request access to your Personal Information that we hold, contact us using the contact details listed above. You have the right to request access to Personal Information that we hold about you. If we do not give you access to the Personal Information that you have requested, then we will let you know the legal reasons for not disclosing your Personal Information. If you are not happy with the legal reasons provided, then you have the right to complain to the New Zealand Privacy Commissioner: www.privacy.org.nz/your-rights/how-to-complain/.  

Security

We are committed to ensuring that your information is secure. To prevent unauthorised access, use, modification, disclosure, loss or destruction, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the Personal Information that we collect. We will also take reasonable steps to ensure that our third parties whom we disclose your Personal Information to also take reasonable steps to protect your Personal Information in accordance with this Privacy Policy and the applicable privacy laws.

Privacy complaints

If you are in New Zealand and you think that your privacy rights have been breached, you can make a written complaint to our Privacy Officer by email to privacy.officer@giltrapag.co.nz or otherwise contact the NZ Privacy Commissioner at https://www.privacy.org.nz/your-rights/making-a-complaint/complaint-form/

GDPR

If you are in a Member State of the European Union, you have the following rights with respect to your Personal Information: