Privacy Statement

Last updated: 16 July 2024

At Kathmandu we take your privacy seriously. The purpose of this Privacy Statement is to inform you about how we collect and manage your personal information.

This Privacy Statement should be read in conjunction with any terms and conditions provided to you.

Who is Kathmandu?

Kathmandu is a leading global outdoor lifestyle brand whose journey began in Aotearoa over thirty years ago. We’re on a mission to improve the wellbeing of the world by getting more people outdoors, because nature has a positive transformative effect on us all. It makes us more happy, open, free and fun. Outside is where we live our best lives. And that’s why we’re all about creating the best responsibly made outdoor gear – to get people to experience nature’s benefits more often.

For more information about Kathmandu, please click here.

Kathmandu consists of the following legal entities:

Country	Legal Entity
New Zealand	Kathmandu Group Limited Kathmandu Limited
Australia	Kathmandu Pty Ltd
UK	Kathmandu (U.K) Limited

Who is KMD Brands?

KMD Brands is a global outdoor, lifestyle and sports company, and certified B Corporation. The Group consists of three iconic brands: Kathmandu, Rip Curl and Oboz.

For more information about KMD Brands, please click here.

What personal information do we collect?

We may collect the following personal information from you:

Your contact information
Details of items purchased and payment details
Your areas of interest, style, and size preferences
Interactions with our website, social media channels or adverts
CCTV footage
Call recordings
Confirmation of your identity
Your enquiry or feedback
Competition entries.

We may also collect personal information about you from trusted third parties who have your consent to provide this information to us.

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.

For more information about what personal information we may collection, please click here.

We collect personal information directly from you when you:

Visit our stores

When you visit our stores we may collect:

Close-Circuit Television (CCTV) footage
Details of items purchased and payment details
Your contact Information
Your areas of interest, style, and size preferences
Details of your enquiry or complaint
Feedback on our services provided by you.

Interact with our website, social media channels or adverts

When you visit our website we may collect:

Details of items purchased and payment details
Your contact Information
Details about your location
Your delivery and billing address
Your areas of interest, style, and size preferences
Your login details
Details of your enquiry or complaint
Feedback on our services provided by you
Details about your computer and browser
Your interactions with our website, including the pages you click on.

Join our loyalty program

When you join our loyalty program we may collect:

Your contact Information
Your gender
Your date of birth
Your login details
Feeback about your use of Apple Wallet or Google Pay
Details about your location.

Rent Equipment

When you rent equipment we may collect:

Your contact Information
Your date of birth
Confirmation of your identity
Details about your location
Details about your proposed usage.

Contact us or provide a product review

If you contact us we may collect:

Your contact Information
Details of your enquiry or complaint
The contents of your communication
Feedback on our services provided by you
A recording of our phone conversation.

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

If you enter a competition, promotion, sweepstake, contest, or survey we may collect:

Your contact Information
Your date of birth
The entry details.

Make an application to be a wholesale customer

If you apply to be a wholesale customer we may collect:

Your contact Information
Your postal and residential address
Your date of birth
Information about your credit application
Payment details.

Apply for employment with us

If you apply for employment with us, we may collect:

Your contact information
Your address
A copy of your curriculum vitae
A cover letter
Information about your salary expectations
Details of current work permit or visa
Details regarding your availability to work
Information about existing medical conditions
Information about your fitness to work including the results of medical and photometric testing
Details of any convictions
Your credit rating
References.

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, 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.

What personal information do we collect?

If you use our services while logged into the third party services such as Facebook, then they will collect information.

If you register your loyalty card in your Apple Wallet or Google Pay, they will collect information.

For more information about what personal information others may collection, please click here.

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:

Facebook
Google+
Instagram
LinkedIn
Twitter
YouTube

If you register your loyalty card in:

Apple Wallet, Apple may access information about the use of your card in accordance with Apple’s Privacy Policy.
Google Pay, Google may access information about you and the use of your card in accordance with Google’s Privacy Policy.

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.

How do you use tracking technologies including cookies?

We use cookies and other similar tracking technologies for a variety of purposes.

If you wish you can turn tracking technologies off.

For more information about how cookies and other tracking technologies are used on our website, please click here.

We use cookies for a variety of purposes including to make your online experience more efficient and enjoyable. A full list of cookies is available here.

You may choose which cookies you wish to accept. If you do not accept all cookies, please be aware that you may lose some of the functionality of the website.

We work with third party suppliers who may also set cookies on our website, for example Google Analytics and Facebook. These third party suppliers are responsible for the cookies they set on our site. If you want further information, please go to the website for the relevant third party.

How do we use your personal information?

We use your personal information for a variety of reasons including:

Enabling you to purchase products and services from us
Enabling you to use products or services provided by us
Locating our products and equipment
Providing you customer service
Administering our loyalty program
Running contests, promotions, and events
Providing you with information about products, promotions, functions, or events
Sending marketing or promotional communications
Delivering effective and relevant advertising
Improving our products and services
Delivering services to wholesale clients
Recruitment of staff
Meeting our legal or compliance obligations
Enforcing the law

For more information about how we use your personal information, please click here

We use your personal information for a variety of reasons including:

Enabling you to purchase products from us, to process your orders and deal with administrative issues
Allowing you to use features of our products and services, when you choose to do so
Allowing you to rent equipment from us
Locating our products and equipment
Answering your inquiries and delivering customer service to you
Administering our loyalty 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
Delivering and measuring the effectiveness of advertising we serve to you and others
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
Enabling us to consider applications for wholesale clients
Recruitment of staff
Meeting our legal or compliance obligations
Managing and resolving any legal or commercial complaints and issues
Enforcing the law

We may send marketing or promotional communications to you where you have indicated you would like to receive these, 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?

Generally, we collect personal information from you where processing is necessary for the performance of a contract to which you are party, where we have your consent, or where processing is necessary for the purposes of our legitimate interests.

For more information about the legal basis we process your personal information on, please click here.

If you wish to discuss the legal basis your personal information is processed on for a specific circumstance, please email us at privacy@kathmandu.co.nz.

Where we process personal information based on your consent, you may withdraw your consent at any time. Despite the above, we may process your personal information where such processing is necessary for compliance with applicable laws.

Who do we share your information with?

We may share your information in the following circumstances:

With other entities within the KMD Brands Limited group
With members of the public or third parties, such as Facebook, where you agreed
To enable relevant adverts for our products to be provided to you
To confirm your suitability for employment with us
In anonymous form where there is a benefit to the customer base
To enforce the law

For more information about when your information may be shared, please click here.

We may share your information in the following circumstances:

With other entities within the KMD Brands Limited group.
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 loyalty card in Apple Wallet or Google Pay, then we will share your membership number and the associated barcode with Apple or Google (as the case may be) in order to facilitate the use of your loyalty 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.
Where we are using Google Analytics your information will be disclosed to Google for use as detailed within Google’s Privacy Policy, Google may share this information publicly and with their partners.
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.
To law enforcement, regulatory bodies, legal advisors or similar third parties.
To allow us to complete pre-employment checks including confirming your criminal history, obtaining your credit rating and checking your references.
In an anonymous form with carefully selected third parties, where there is an identified benefit to some or all of the 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.

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?

We do not use automatic decision making.

We use information collected when you browse our website and purchase items from our stores to personalise your shopping experience and determine appropriate advertising.

For more information about how we utilise profiling, please click here.

We collect personal information about you when you browse our website and purchase items from our stores. We 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.

Do we sell your personal information?

We may share your personal information among our affiliated companies and with third parties who provide valuable services to us.

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.

For more information about how long we keep your information, please click here.

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 for deletion.

Where do we hold your information?

We hold your information worldwide.

For more information about how we protect your rights, please click here.

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

Ensuring we have suitable legal contracts in place
Holding information in countries with an adequacy decision (note New Zealand is one of these)

What are your rights?

In relation to your personal information, you have the right to:

Be informed
Access
Correction
Deletion
Restrict processing
Data portability
Object
Withdraw consent
Complain

For more information about how to exercise your rights, please click here.

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 at privacy@kathmandu.co.nz 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 privacy@kathmandu.co.nz.
The right to deletion	This is sometimes called ‘the right to be forgotten’. Please email us at privacy@kathmandu.co.nz if you want us to delete all your personal information.
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 at privacy@kathmandu.co.nz. You 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 email us at privacy@kathmandu.co.nz.
The right to data portability	If you wish to port your information, please email us at privacy@kathmandu.co.nz.
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 at privacy@kathmandu.co.nz.
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 at privacy@kathmandu.co.nz.
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 a concern?

In the first instance, please contact us at privacy@kathmandu.co.nz.

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 your local Privacy Regulator.

Will you change this privacy notice?

We may change this statement from time to time in the future. Any such changes will be posted here. We advise you to check back frequently to see any updates or changes.

NEON RK CORP. PRIVACY POLICY

Effective and last updated Sept 1, 2022

NEON RK Corp. has adopted this Digital Privacy Policy ("Digital Privacy Policy"), which describes why and how we collect and use your information, deemed personal or not, provided to us by you or generated through a variety of digital means. It also explains how we share and protect your information, as well as the choices you have relating to your information and how you can contact us. By accessing or using this website or mobile application (collectively, the “Platform”) on any computer, mobile phone, tablet, console or other device (collectively, "Device"), you consent to our Privacy Policy. NEON RK Corp. is a duly authorized vendor of the KMD Brands group of companies operating the Platform under the authorization of Kathmandu. NEON RK Corp. is providing the products and services. NEON RK Corp. may share your information with Kathmandu. Kathmandu may also use your information in accordance with Kathmandu’s Privacy Policy, as set forth below.

COLLECTING INFORMATION

We collect and use your information which is necessary for the purposes identified in this Privacy Policy.

WHAT YOU GIVE US

We collect information you give us or permit us to access. Information may include, but is not limited to, your name, image, birth date, gender, data on physical characteristics (including height, weight, and other body measurements), email and physical address, telephone number, contact lists, social media information and profile, location (GPS) information, activity, and performance information, and when necessary, credit card information.

If you share with us a third party’s email address or any other personal information, you must have that party’s consent, an existing business or other relationship with that party, or a personal or family relationship with that party. If this is not the case, then do not share that party’s email address or other personal information.

If you are using a third party’s credit card in connection with the Platform, you represent and warrant that you are duly authorized to use and disclose that information. If this is not the case, then do not share that party’s credit card or other personal information.

WHAT WE COLLECT FROM YOU

We may automatically collect or generate information regarding your interaction with, and use of, our products and services. Information we may collect includes, but is not limited to, your telephone number, Device identifier and hardware information, IP address, browser type and language, cookie information, system type, whether you have enabling software to access certain features, access times, referring website URLs, information about your purchases and other information about your interactions with us.

WHAT WE COLLECT FROM OTHER KATHMANDU INTERACTIONS AND THIRD PARTIES

We may combine information you give us, or information collected from you, with other information from Kathmandu sources, transactions and communications. This may include, but is not limited to, information from Kathmandu stores, direct mail, catalogues, events, products and applications, or other Kathmandu interactions. We may also combine that information with data that is publicly available and data from third parties. We also collect information about gift recipients provided by the giver.

CHILDREN'S PRIVACY

Although the Platform is intended for persons who are of legal age, younger visitors may browse the Platform. As much as possible and if we are aware of it, we do not knowingly collect or solicit personal information from children under 13 without the consent of their parents or legal guardian.

USING INFORMATION

We may use your information to do the following:

Platform Functionalities

Enable your use of the Platform and related products and services
Enhance, customize and personalize your Kathmandu experiences and communications with us
Use our features, such as placing an order for Kathmandu products and other services or activities

Operate, Improve and Analyze

Operate, provide, improve and maintain Kathmandu‘s products and services, including analyzing user behavior and trends
Send you administrative messages and other information about the Platform or Kathmandu products, services or activities
Communicate with you about your purchase, account information or customer service

Provide and Conduct Marketing and Promotions

Communicate with you about our products, services and events, and for other promotional purposes
Administer contests, promotions, events, surveys, or other features
Display relevant marketing to you

Other Purposes

We may also use your information in other ways and will provide specific notice at the time of collection and obtain your consent where necessary.

SHARING INFORMATION

KATHMANDU FAMILY

In order to process your transaction for Kathmandu products and for marketing purposes or other communications that you have opted to receive, we may provide your information to Kathmandu companies and affiliates, including members of the KMD Brands group of companies, and its subsidiaries, some of which may be outside of Canada and the U.S.

SERVICE PROVIDERS

We may transfer your information to Kathmandu Family service providers to conduct our business. For example, they may handle credit card processing, shipping, data management, email distribution, market research, information analysis, and promotions management. We may also share your information to administer features. In order to process your transaction for Kathmandu products and for marketing purposes or other communications that you have opted to receive, we may provide your information to Kathmandu companies and affiliates, including members of the KMD Brands group of companies, and its subsidiaries, some of which may be outside of Canada and the U.S.

BY LAW OR TO PROTECT RIGHTS

We may disclose information upon governmental request, in response to a court order, when required by law, to enforce our policies, or to protect our or others' rights, property, or safety. We may share information to prevent illegal uses of NEON RK Corp.’s products and services or violations of the Terms of Use, or to defend ourselves against third-party claims. We may also share information with companies assisting in fraud protection or investigation.

BUSINESS TRANSFERS

Your information may be transferred to a third party as a part of our business assets in a sale of a part or all of NEON RK Corp. If this should happen, notice will be provided by posting to the website or other form of communication, and we will require that such third party agree that it will be similarly bound by the provisions of this Privacy Policy.

PUBLIC SHARING

Default Sharing

When you join or use certain services, you agree to publicly share a basic amount of information, which may include your username, city location, and profile picture. If you do not agree to that sharing, then please do not join or use those services.

Sharing You Choose

You may choose to share certain information. In order to participate in certain features, you may have to adjust your privacy settings and share more information. You may also choose to share your activity on other platforms, such as social networks. By using any link or feature related to a social network or any other third-party website, you agree that the information that you send through these third-party websites is subject to the privacy policies of those third parties. Please be aware that we do not control third-party websites and the fact that they are listed on the Platform does not incur NEON RK Corp.’s liability. We encourage you to read the privacy policies of these social networks and third-party websites.

PROTECTING INFORMATION

Security Measures: We use a variety of security measures, including physical measures, encryption, and authentication tools, to help protect your information. We use secure servers when you place orders. All credit card information you supply is transmitted via Secure Socket Layer (SSL) technology. We keep our mandatories and employees as well as our service providers informed of the content of our Privacy Policy and the importance of protecting privacy, confidentiality, and the security of information. Access to your information is limited to persons who must have that access. NEON RK Corp. contracts with third-party providers for the storage of all information collected, including personal information. Your personal information is kept and stored on our behalf in the U.S. and Canada. All data is stored on servers with high-security safeguards and protected against misuse and access from unauthorized individuals.

NO GUARANTEE

However, like other companies, and as no security measure is foolproof, we cannot guarantee 100% the security or confidentiality of the information you provide to us.

COLLECTION TOOLS

How We Collect Information

NEON RK Corp. automatically collects information within our products and services or stored by your browser or device. We use a variety of methods to collect this information, including, but not limited to, cookies and pixel tags/web beacons ("Collection Tools"). The information collected through the Collection Tools may include your (i) IP address; (ii) unique cookie identifier, cookie information, and information on whether your device has software to access certain features; (iii) unique device identifier and device type; (iv) domain, browser type, and language; (v) operating system and system settings; (vi) country and time zone; (vii) previously visited websites; (viii) information about our interaction with your platform, such as click behavior, purchases, and individual preferences; and (ix) access time and referring URLs. Collection Tools enable us to customize and improve our content according to your preferences.

In many cases, your web browser or device platform will provide additional tools to allow you to control when your device collects or shares particular categories of information. For example, your web browser or device may offer tools to manage cookie usage or location sharing. We encourage you to familiarize yourself with and use the tools available on your device.

Turning off Collection Tools

If you turn off certain Collection Tools, you may not have access to many features that make your experience more efficient, and some of our services and features may not function properly. Note that our websites may not recognize or respond to Do Not Track (DNT) headers from web browsers.

CHOICES

Modifying or Deleting Your Information

You can modify or delete your profile within certain of our services, through your account. Your information previously posted may still be publicly viewable. NEON RK Corp. may keep information and content in our backup files and archives.

COMMUNICATION/UNSUBSCRIBE/OPT-OUT

Regardless of the settings you select, NEON RK Corp. may send you service-related communications. To unsubscribe and stop receiving messages, please change your settings or follow the instructions in the email, text message, notification, or other message type. If you have unsubscribed from any of our communications, due to production schedules, you may receive communications already in production.

INTERNATIONAL USERS

Our digital operations are conducted, in whole or in part, in Canada and the United States. Regardless of where you live, you hereby consent to have your personal data transferred, processed, and stored in Canada and the United States, and allow NEON RK Corp. to use and collect your personal information in accordance with this Privacy Policy.

RETENTION OF YOUR INFORMATION

We retain your information for as long as necessary to fulfill the purposes for which we collect it, except if otherwise required or permitted by law.

TERMS OF USE

Please visit our “Terms of Use (below)”, which explain other terms governing the use of the Platform and our products and services, including the governing law and jurisdiction.

YOUR RIGHTS RELATED TO YOUR PERSONAL INFORMATION

At all times, you have the right to withdraw your consent with respect to our use of your personal information. You also have the right to access your personal information and to modification or deletion, in the event your personal information as stored by us or on our behalf is incorrect or otherwise unlawful. Please refer to the Contact Us section to find out more about how you can communicate with us.

CONTACT US

We welcome your questions, comments, and concerns about our Privacy Policy and privacy practices. If you wish to provide us with any feedback, or if you have any requests, questions, or concerns about our Privacy Policy and privacy practices, please contact us at: Attn: NEON RK Corp. Privacy Policy Customer Service: privacy@neonrkcorp.com.