- Duncan Calibration App: means our mobile application.
- Intellectual Property Rights: means intellectual property owned or licensed by us relating to our Website, products or services, including the text, graphics, logos, icons, the software and any other material underlying or forming part of the Site and includes any rights to that intellectual property, including any copyright, trade or service mark, trade or business name, logos and any other distinctive brand features, design, patent, semiconductor or circuit layout right, computer code (including source, library, object, and executable code), inventions and logical sequences, in all cases whether registered or unregistered and anywhere in the world.
- Giltrap, we, us and our: means Giltrap Engineering Limited.
- Website: means this website.
- You: means the person or organisation using the Site, including you as an individual, company, business or any other entity and your has a corresponding meaning.
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;
(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
6. Privacy and Communications
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.
9.1 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.
11.1 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.
12.4 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.
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).
What is Personal Information
Personal Information means any information relating to an identified or identifiable natural person.
Your informed consent
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 firstname.lastname@example.org or writing to us at Giltrap Engineering Limited, PO Box 83, Otorohanga 3900, New Zealand, Attn: Privacy.
For the purpose of:
- The GDPR, the withdrawal of your consent does not affect the lawfulness of any processing activities based on such consent before its withdrawal.
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:
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.
· 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:
- to provide you with our products and services including to:
- identify and verify your identity;
- communicate with you, such as sending you promotional emails about new products and services, special offers, promotions or information about our products and services;
- update, secure, and troubleshoot our Site as well as providing support;
- improve and develop our products and services;
- respond to your queries regarding the Site, our products or services;
- provide you with a positive user experience when you visit our Site or use our services or products;
- develop new services, products, features and/or content; and
- keep you updated on things that are happening at Giltrap;
- to run and maintain our Site, services and products, such as ensuring our Site and network system are secure;
- for our internal record keeping purposes;
- to allow for the operation of our legitimate business activities and functions which includes analysing our performance, developing our workforce and undertaking research;
- the sale of all or substantially all of Giltrap’s business (whether by assets or shares); and
- to comply with our legal obligations; and
- for any other purposes you consent to.
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.
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:
- Whenever you are asked to fill in a form on our Site, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes. If you have selected that option, then you have opted-out of receiving electronic marketing communications from us.
- If you have previously agreed to us using your Personal Information for direct marketing purposes, you can change your mind at any time by letting us know you no longer wish for your Personal Information to be used for direct marketing purposes by contacting us using the contact details listed above or unsubscribing from our mailing list by clicking ‘unsubscribe’ at the bottom of our electronic communications.
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
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/.
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 email@example.com or otherwise contact the NZ Privacy Commissioner at https://www.privacy.org.nz/your-rights/making-a-complaint/complaint-form/.
If you are in a Member State of the European Union, you have the following rights with respect to your Personal Information:
- Lodging complaints: You have the right to lodge a complaint with a ‘supervisory authority’ established by a Member State under Article 51 of the GDPR.
- Right of rectification: You have the right to obtain from us without undue delay the rectification of inaccurate Personal Information. We may seek to verify the accuracy of the Personal Information before correcting it.
- Right to restrict processing: You have the right to limit the ways in which we use your Personal Information, in particular where:
- you contest the accuracy of your Personal Information;
- the processing is unlawful and you oppose the erasure of your Personal Information;
- we no longer need your Personal Information for the purposes of the processing, but you require the information for the establishment, exercise or defence of legal claims; or
- you have objected to the processing of your Personal Information pending the verification by a supervisory authority of whether our legitimate grounds to process override your own.
- Right of access and portability: You have the right to request certain copies of your Personal Information held by us. You may also be entitled to request copies of Personal Information that you have provided to us in a structured, commonly used, and machine-readable format and/or request us to transmit this information to another service provider nominated by you (where technically feasible).
- Right to be forgotten: You have the right to obtain from us the erasure of your Personal Information without undue delay where one of the grounds set out in Article 17(1) of the GDPR apply. Please note that:
- we may retain some of your Personal Information as necessary for our legitimate business interests, such as fraud detection and prevention and enhancing safety;
- we may retain and use your Personal Information to the extent necessary to comply with our legal obligations. For example, we may keep some of your information for tax, legal reporting, auditing and regulatory compliance obligations; and
- because we maintain our Site to protect from accidental or malicious loss and destruction, residual copies of your Personal Information may not be able to be removed from our backup systems.