Terms & Conditions
This website at www.ghdhair.com, including any discussion forums contained on the website (“Site”) is operated by Jemella Limited (trading as ghd), a company incorporated in England and Wales (registered number 04115691) with its registered address at Bridgewater Place, Water Lane, Leeds, LS11 5BZ and Jemella Australia Pty Limited, a company incorporated in Australia (ACN 104 455 138), with its registered office at Level 3, 490-500 Adelaide Street, Brisbane QLD 4000, (collectively, “ghd ” or “we/us/our”). ghd may be contacted at the above address.
We appreciate your interest in the products and services on the Site and your visit to the Site.
If you have any queries regarding the Site of any of the information or materials contained on or in it, please contact us by email at firstname.lastname@example.org or on 1300 443 424.
1.2 We do not guarantee that the Site, any page or any content on the Site will always be available or be uninterrupted. We may also intentionally withdraw or restrict the Site or any part thereof at any time without notice.
- TERMS OF SALE, REGISTRATION, ACCOUNTS AND PASSWORDS
2.2 Accessing certain services on the Site may require registration and the creation of an account. Please ensure that the details you provide upon registration or at any time are complete and accurate, and inform us immediately of any changes to the details you provided when registering. You will not be able to create an account unless you are at least 16 years of age.
2.4 We reserve the right to suspend or terminate your use of the Site at any time, for any reason, without prior notification.
- INTELLECTUAL PROPERTY
3.1 We are the owner or the licensee of all copyright, design rights, database rights, trade marks and other intellectual property rights in this Site, whether registered or unregistered, and in the material published on it. Your use of the Site grants no rights to you in relation to our intellectual property rights or the intellectual property rights of third parties. All such rights not expressly granted are reserved.
3.2 You may access this Site only to participate in the Site or make Contributions (as defined below) or to place an order for Products. Any other use is prohibited unless agreed to by us in writing. You agree not to change or delete any ownership notices from materials downloaded or printed from the Site.
3.3 Subject to the exceptions prescribed under the Copyright Act 1994 or other applicable law, you may not modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, display, post, transmit or sell any content or intellectual property appearing on this Site.
- LINKS TO THIRD PARTY WEBSITES AND RESTRICTIONS
4.1 The use of third party websites is entirely at your own risk. Links contained in the Site will lead to other websites not under our control, and we accept no liability for the content of any linked site or any link contained in a linked site. Links provided on the Site are provided to you only as a convenience and the inclusion of any link does not imply reliability and endorsement by us of the content of any third party’s website.
4.3 You are not entitled (nor will you assist others) to set up links from your own websites to the Site (whether by hypertext linking, deep-linking, framing, toggling or otherwise), nor may you frame the Site on a third party site, without our prior written consent, which we may grant or withhold at our absolute discretion.
4.4 You agree that when accessing the Site you shall not price scrape or harvest pricing either manually or by use of a web spider, web robot or any other web crawling or other technology.
4.5 You must not attempt to gain unauthorised access to the Site, or our servers, or any hardware supporting the Site. Nor must you attempt to reconfigure the Site in any way. For the avoidance of doubt, the full details of any offences committed by site users will be reported to the relevant law enforcement authorities.
4.6 You must not misuse the site in any manner, including the introduction to the Site of any viruses, programmes or any other material that may be technologically harmful or malicious.
- USER REVIEW AND CONTRIBUTIONS
5.1 Users of the Site may submit product reviews, profiles, images, portfolios, videos, instructions, comments, questions, feedback, ideas, suggestions or other information or materials via the Site or otherwise (collectively “Contributions”), so long as such Contributions comply with our contribution standards, set out below in clause 5.2(“Contribution Standards”).
5.2 Contribution Standards
5.2.1 These standards apply to any and all material which you contribute to this Site, and to any interactive services associated with it including our ghd Showcase and Salon & Stylist Feed. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
5.2.2 Contributions must:
126.96.36.199 be accurate (where they state facts);
188.8.131.52 be genuinely held (where they state opinions); and
184.108.40.206 comply with applicable law.
5.2.3 Contributions must not:
220.127.116.11 contain any material which is defamatory of any person, obscene, offensive, hateful or inflammatory;
18.104.22.168 promote sexually explicit material;
22.214.171.124 promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
126.96.36.199 carry out, advocate, promote, assist any illegal act, including, but not limited to, violence or computer misuse or the infringement of the intellectual property rights of any other person;
188.8.131.52 be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
184.108.40.206 be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person;
220.127.116.11 be likely to mislead or deceive any person or be used to impersonate any person, or to misrepresent your identity or affiliation with any person; or
18.104.22.168 give the impression that they emanate from us, if this is not the case.
5.3.1 immediate, temporary or permanent withdrawal of your right to use this Site;
5.3.2 immediate, temporary or permanent removal of any posting or material uploaded by you to this Site;
5.3.3 issue of a warning to you;
5.3.4 legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
5.3.5 further legal action against you; and
5.3.6 disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
5.4 Any Contributions shall be and shall remain our property, and by making a Contribution to the Site you assign to us all worldwide rights, title and interest in all intellectual property rights in your Contributions. Thus, we will own exclusively all such rights, title and interests in any Contributions, and shall not be limited in any way in its use, commercial or otherwise, of any Contributions. We are and shall be under no obligation to maintain any Contributions in confidence, to pay any compensation or royalty for any Contributions, or to respond to any Contributions. If requested by us at any time, you will sign all documents required to effect, perfect or register the intellectual property rights assignment referred to in this clause.
- DISCLAIMER OF LIABILITY
6.1 Whilst we have taken all reasonable steps to ensure the accuracy and completeness of the information on this Site, it is provided on an “as is” basis and we give no warranty and make no representation regarding the accuracy or completeness of the content of this Site. Further, no warranty is given that the Site shall be available on an uninterrupted basis, and no liability can be accepted in respect of losses or damages arising out of such unavailability.
6.2 Access to and use of this Site is at the user’s own risk and we do not warrant that the use of this Site or any material downloaded from it will not cause damage to any property, including but not limited to loss of data or computer virus infection. We accept no liability for viruses or other computer contaminants. You are recommended to take all appropriate safeguards (such as installing appropriate anti-virus software) and firewalls before downloading information or images from the Site.
6.3 Subject to clause 6.5 below, we shall not be liable to you for any of the following (whether or not we were advised of, or knew of, the possibility of such losses) whether arising from any claim arising out of or in connection with the use of the Site, including without limitation, under any tort, including negligence, for breach of contract, for misrepresentation (other than fraudulent misrepresentation), intellectual property infringement or under any statute or otherwise:
6.3.1 any indirect, special or consequential losses;
6.3.2 any losses or damages arising out of changes made to the content of this Site by unauthorised third parties;
6.3.3 any loss of business, data, profits, revenue, goodwill, use or anticipated savings;
6.3.4 loss or damage to your, or any third party’s, data or records;
6.3.5 any actions taken in response to breaches of the Contribution Standards set out in clause 5.2 above; or
6.5 We do not seek to exclude or limit our liability to you for:
6.5.1 death or personal injury caused by our negligence;
6.5.2 fraud or fraudulent misrepresentation;
6.5.3 any breach by us of any terms implied under, or any condition, warranty, right or remedy that is conferred on you by, the Consumer Guarantees Act 1993 or any other applicable law that cannot be excluded, restricted or modified by agreement
6.5.5 any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
6.6.1 our re-supply of equivalent services; or
6.6.2 payment of the cost of re-supply of equivalent services.
7.5 Competitions or other promotional features which may be made available through this Site from time to time may also have specific terms and conditions. You will need to read and accept these before making a submission.
TERMS AND CONDITIONS OF SALE
1.1 When the following words with capital letters are used in these Terms, they have the meaning set out below:
Order: your order for the Products via the website;
Products: the goods and/or gift cards that We are selling to you;
Special Terms: any additional terms and conditions that apply to your Order, as notified by Us during the order process;
Terms: the terms and conditions set out in this document; and any Special Terms;
Website: ghdhair.com; and
We/Our/Us: Jemella New Zealand Limited (NZCN 1811875), trading as ghd, of Level 8, 120 Albert Street, Auckland, New Zealand.
1.2 When We use the words "writing" or "written" in these Terms, this will include e-mail unless We say otherwise.
2. OUR CONTRACT WITH YOU
2.1 These are the terms and conditions on which We supply Products to you.
2.2 Please ensure that you read these Terms carefully and check that the details of your Order are complete and accurate before you submit the Order. These Terms tell you who We are, how We will provide products to you, how you and We may change or end the contract, what to do if there is a problem and other important information.
2.3 When you submit the Order to Us, this does not mean We have accepted your Order. Our acceptance of the Order will take place as described in clause 2.4. If We cannot accept your Order, We will inform you of this, We will not process the Order and any payment taken will be refunded (or any pending payment will be released). We might not accept your Order because the Product is out of stock, because of unexpected limits on Our resources which We could not reasonably plan for, because your Order breaches any of these Terms, because We have identified an error in the price or description of the Product or because We are unable to meet delivery deadlines.
2.4 Our acceptance of your Order will take place when We dispatch the Products you have ordered from Our warehouse. This is the point at which point a contract will come into existence between you and Us and these Terms will become binding on you and Us. We will confirm dispatch of the Products and acceptance of your Order by email. Please note that the processing of your payment (or placing a pending payment on your account) and acknowledgment of your Order does not constitute acceptance of your Order.
2.5 We shall assign an order number to the Order and inform you of it when We accept the Order. It will help us if you can quote the order number in all subsequent correspondence with Us relating to the Order.
3. CHANGES TO ORDER OR TERMS
3.1 We may revise these Terms from time to time so you should check the Terms prior to placing any future Order. Any changes that We make to these Terms will not affect any Orders that We have already accepted.
3.2 If you wish to cancel an Order before it has been fulfilled, please see your right to do so in clause 7.
4. DELIVERY OF PRODUCTS
4.1 Please note that timescales for delivery and delivery charges will vary depending on the availability of the Products (including any pre-orders) and your address. Please consult the “Payment & Delivery” section of the website.
4.2 Delivery of an Order shall be completed when We deliver the Products to the address you gave Us. The Products will be your responsibility from the completion of delivery.
4.3 If We are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, We will, except where your Order includes a pre-order, deliver the Order in instalments. We will not charge you extra delivery costs for this. However, if you ask Us to deliver the Order in instalments, We may charge you extra delivery costs. Each instalment shall constitute a separate contract governed by these Terms. If We are late delivering an instalment or one instalment is faulty, that will not entitle you to cancel any other instalment.
4.4 You own the Products once We have delivered them (provided that We have received payment in full).
4.5 If, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot We will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, We are unable to contact you or you do not re-arrange delivery or collect the Products from the delivery depot We may end the contract and clause 13.2 will apply.
4.6 On delivery of your Order please check the Products against the delivery note or covering email in the case of gift cards. If there is any discrepancy or if any Product is damaged please contact Us as set out in clause 14 as soon as possible. Where there is a discrepancy with your Order, We will ask you to return the Product to us in unused condition and in its original packaging which should be undamaged. You should inform Us within 7 days of receipt if you consider that the Products are damaged, otherwise the Products will be considered to have been correctly delivered, free from damage. This will be without prejudice to any damage or fault you could not have discovered on reasonable inspection of the Products and your legal rights under the consumer guarantees implied by the Consumer Guarantees Act 1993 (CGA).
4.7 If you have not received your Order within 8 business days of receiving the order confirmation please contact Us as set out in clause 14.
4.8 You have legal rights if We deliver any Products late. Whilst our standard delivery service will usually deliver Product within 8 business days of dispatch, Our legal obligation is to deliver Product within a reasonable time after the date on which the contract between you and Us is entered into. If We miss this delivery deadline, or any other deadline that We agree with you, then you can cancel your Order for any of the Products or reject Products that have been delivered by contacting customer services as set out in clause 14. If we have delivered some of the Products to you, you must post them back to Us in an unused condition and in their original, undamaged packaging. We will pay the costs of postage so please contact customer services as set out in clause 14 for a returns label. After cancellation (and return of the Products if applicable) We will refund any sums you have paid to Us for the cancelled Products and their delivery and the provisions of clause 12 will apply where these Products were subject to a promotion when sold.
5. YOUR RIGHTS TO END THE CONTRACT
5.1 Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it and when you decide to end the contract if you want to end the contract because:
what you have bought is not of acceptable quality, is not fit for purpose or is not as described, or has material defects you may have a legal right to end the contract (or to get the Product repaired or replaced or to get some or all of your money back), see clause 6;
of something We have done or have told you We are going to do, see clause 5.2; or
you have just changed your mind about the Product, see clause 7. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any Products
5.2 If you are ending a contract for a reason set out at clause 5.2 (a) to (c) below the contract will end immediately and We will refund you in full for any Products which have not been provided and you may also have rights under the CGA. The reasons are:
We have told you about an error in the price or description of the Product you have ordered and you do not wish to proceed;
there is a risk that supply of the Products may be significantly delayed because of events outside our control; or
you have a legal right to end the contract because of something We have done wrong (including because we have delivered late (see clause 4.8)) in which case you would be required to return the Product to us and we will fund the costs of return (please contact customer services for a returns label as set out in clause 14).
5.3 If you wish to end the contract for any reason set out in clause 5.1, you must let us know by contacting customer services as set out in clause 14. Where you have changed your mind and are cancelling under clause 7, you may use the form referred to in clause 7.1. Where you end the contract for any reason after Products have been dispatched to you, you must return them to us. Clauses 6 and 7 include more information about how Products should be returned and who is responsible for paying the costs of return.
6. IF THERE IS A PROBLEM WITH THE PRODUCT
6.1 The CGA provides certain guarantees to consumers (as that term is defined in the CGA). These are subject to certain exceptions. The CGA says your Products must be as described, fit for purpose and of acceptable quality (amongst other rights). You have legal rights where the Products do not meet these guarantees. For more information about these rights please visit the Consumer Protection website https://www.consumerprotection.govt.nz/ or call the Consumer Protection helpline on 0508 426 678 (0508 4 CONSUMER). See also clause 7.
6.2 If you wish to exercise your legal rights to reject Products or to require a failure of the Product to be remedied you must post them back to Us. We will pay the costs of postage or collection. Please contact customer services as set out in clause 14 for a returns label.
6.3 In addition to your legal rights as referred to in clause 6.1 above, We warrant that on delivery and for the period set out below, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 6.4. Provided that you let Us know by contacting us at 0800 880 209 during the relevant warranty period within a reasonable time of discovery that the Product does not comply with this warranty (giving us as much detail as possible) and you return the Product to Us, We shall (at our option) either repair or replace the defective Product, or refund the price of the defective Product in full.
Warranty Period (from delivery)
All other stylers (excluding Platinum+ styler)
Hair dryers (excluding Flight)
Hair care/styling products
6.4 This warranty does not apply to any defect in the Products arising from:
fair wear and tear;
wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
if you fail to operate or use the Products in accordance with the user instructions; and
any alteration or repair by you or by a third party.
6.5 This warranty is in addition to your legal rights in relation to the consumer guarantees implied by the CGA.
7. YOUR CANCELLATION RIGHTS
7.1 We operate a 21 day no quibble returns policy under which you have a right to cancel a contract and return any unused Product at any time between the contract being formed and 21 days from the day after you receive your Order. If you wish to cancel the contract, you must:
let Us know by contacting customer services by telephone, letter or email (all contact details are set out in clause 14);
include details of what you bought, when you ordered or received it and your name and address when you contact Us; and
then return the Products (including their undamaged packaging) to Us within 14 days of letting us know you wish to cancel.
We shall provide you with a refund of the price paid for the Product including delivery costs by the method you used for payment however we may make deductions from the price as set out below. The refund will be made within 14 days of the date we receive the Products or, if earlier, within 14 days from the date you provide proof of postage to Us.
7.2 You must pay the costs of return however, please note that where you are returning Products in accordance with clauses 6.1 or 3, or if you are ending this contract in accordance with clause 5.2 We will pay the costs of return.
7.3 If you are exercising your right to cancel under this clause 7:
We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Products (including their packaging), if this has been caused by your handling them in a way which would not be permitted in a shop. Please note that the reduction in value may be as much as the original price. For example, use of Our electrical products would not be permitted in a shop and therefore your use of Products in this way prior to returning them under this clause 7 would result in a significant reduction in value. Also, please note that Our product packaging is valuable and the value of the Product is significantly reduced if this is damaged. If We refund you the price paid before We are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay Us an appropriate amount.
The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method We offer. For example, if We offer delivery of a product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then We will only refund what you would have paid for the cheaper delivery option.
7.4 This returns policy does not affect your legal rights in relation to the consumer guarantees implied by the CGA (see clause 6.1).
8. GIFT CARDS
8.1 Gift cards are only redeemable for goods on the website and may not be used to purchase further gift cards or exchanged for cash.
8.2 After making a purchase with your gift card no change will be given but any remaining balance may be applied to future purchases.
8.3 Gift cards will expire 12 months from the date of purchase. At expiry, any remaining balance will be lost.
8.4 Gift cards may only be used to buy products from the same ghd country website as the gift card was bought from. For example, a gift card bought on the New Zealand part of our website can only be used to buy goods from the New Zealand part of our website.
8.5 Please protect your gift card and treat it as though it is cash. We cannot be responsible for gift cards that are lost, stolen or damaged.
8.6 If any goods purchased with a gift card are exchanged or refunded, any money owed to you will be added to the balance on a gift card.
9. PRICE AND PAYMENT
9.1 The price of the Products will be the price indicated on the order pages when you place your Order. We take all reasonable care to ensure that the price of the Product advised to you is correct. However please see clause 9.3 for what happens if We discover an error in the price of the Product you order or in any promotional discount applied to the Order. Our prices may change at any time, but price changes will not affect Orders that We have accepted.
9.2 All prices include GST. If the rate of GST changes between your order date and the date We supply the product, We will adjust the rate of GST that you pay, unless you have already paid for the product in full before the change in the rate of GST takes effect.
9.3 It is always possible that, despite Our best efforts, some of the Products We sell may be incorrectly priced or promotional discounts may be incorrectly applied. We will normally check prices and promotional discounts before accepting your Order so that, where the Product's correct price (less any promotional discount) at your Order date is less than Our stated price at your Order date, We will charge the lower amount. If the Product's correct price (less any promotional discount) at your Order date is higher than the price stated to you, We will contact you for your instructions before We accept your Order. If We accept and process your Order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, We may end the contract, refund you any sums you have paid and require the return of any Products provided to you.
9.4 Depending on the method of delivery you select or the Products you select, the prices for the Products may exclude delivery costs, which will be added to the total amount due. Please see the “Payment & Delivery” section of the website.
9.5 You must make payment for Products by credit or debit card or, if using Paypal, another method accepted by Paypal. We will collect funds from you when We dispatch the Products, however, We may place a pending payment on your account (including your Paypal account) when you place your Order. Taking payment or placing a pending payment on your account does not constitute acceptance of your Order.
10. OUR LIABILITY TO YOU
10.1 We are responsible to you for reasonably foreseeable loss and damage caused by Us. If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a reasonably foreseeable result of Our breaking this contract, but, subject to clauses 2 and 10.3, We are not responsible for any loss or damage that is not reasonably foreseeable.
10.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products including the rights in the CGA to receive products which are: as described and match information We provided to you and any sample or model seen or examined by you; of acceptable quality; and fit for any particular purpose made known to Us.
10.3 We are not liable for business losses. We only supply the Products for private domestic use. If you use the Products for any commercial, business or re-sale purpose We will have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity. If you are in trade and you are acquiring the Products in trade (as defined in the CGA), you agree that the provisions of the CGA do not apply and it is fair and reasonable that they do not apply.
10.4 Except as expressly provided in these Terms and except for any condition or warranty the exclusion of which could be void or otherwise contravene the CGA or any other equivalent consumer law in New Zealand, We disclaim all other conditions, warranties and representations, either express or implied with respect to the Products.
11. EVENTS OUTSIDE OUR CONTROL
We are not responsible for delays outside Our control. If Our supply of the Products is delayed by an event outside Our control then We will contact you as soon as possible to let you know and We will take steps to minimise the effect of the delay. Provided We do this We will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact Us to end the contract and receive a refund for any Products you have paid for but not received.
12.1 The terms set out in this clause apply to all Our offers and promotions and you should read these along with the terms of the specific offer. Where a specific offer says something different to this clause 12, the terms of the specific offer will apply.
12.2 No promotion, discount or promotional code available for redemption on the website may be used in conjunction with another offer or used to purchase gift cards.
12.3 Only one promotional code can be used per Order.
12.4 A promotional code cannot be applied to an Order after it has been placed.
12.5 The post purchase survey (PPS) and product registration (PRD) promotional codes cannot be redeemed via a verified stylist account.
12.6 Discounts do not apply to any delivery charges unless expressly stated.
12.7 Where you return Product to Us and receive a refund for any reason, the refund will be for the price paid, taking into account the offer. This means that you will effectively pay full price for the Products you keep and lose the benefit of the offer.
12.8 Where you receive a free gift with your Order, you must return the free gift if you return the Product(s) which entitled you to a free gift. Where you received a product for free or at a discounted price because you purchased a qualifying product, you must return the free or discounted products when you return the qualifying product.
13. OUR CANCELLATION RIGHTS
13.1 We may end the contract for a Product at any time by writing to you as soon as reasonably possible (and, where (d) or (e) apply, offering you the choice of a refund or an alternative product) if:
you do not make any payment to Us when it is due;
you do not, within a reasonable time, allow Us to deliver the products to you;
We become aware, or reasonably believe, that you are in breach of these Terms;
stock becomes unavailable; or
an event outside of Our control (as set out in clause 11) occurs.
13.2 If we end the contract in the situations set out in clause 13.1 We will refund any money you have paid in advance for Products We have not provided (or release any holding payment placed on your account). If We end the contract in the situations set out in clause 13.1(c), We may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
14. INFORMATION ABOUT US AND HOW TO CONTACT US
14.1 We are a company based in New Zealand. Our registered office is at Level 8, 120 Albert Street, Auckland, New Zealand.
14.2 If you have any questions or if you have any complaints, please contact Us. You can contact Us by telephoning Our customer service team on 0800 880209 or by e-mailing Us using the contact form on the website.
14.3 If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing, you can send this to Us via the contact form on the website, by hand or by pre-paid post to the address set out in clause 14.1. We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail, by hand or by pre-paid post to the address you provide to Us in the Order.
15. HOW WE MAY USE YOUR PERSONAL INFORMATION
16. OTHER IMPORTANT TERMS
16.1 We may transfer Our rights and obligations under these Terms to another organisation. We will always notify you in writing if this happens and We will ensure that the transfer will not affect your rights under the contract.
16.2 You may only transfer your rights or your obligations under these Terms to another person if We agree in writing.
16.3 This contract is between you and Us. No other person shall have any rights to enforce any of its terms.
16.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining terms will remain in full force and effect.
16.5 If We fail to insist that you perform any of your obligations under these Terms, if We do not enforce Our rights against you or if We delay in doing so that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example if you do not pay and we do not request payment but provide the Products, we can still require you to make a payment at a later date.
16.6 These Terms are governed by the laws of New Zealand and you can bring legal proceedings in respect of the Products in the New Zealand courts.
16.7 If you wish to make a complaint, please email email@example.com.
Last Modified: 22 December 2021
Your privacy is important to Jemella New Zealand Limited (NZCN 1811875) t/a ghd and its affiliates and subsidiaries ("ghd", " us", "our") and we are committed to protecting your personal information. For the purposes of this Privacy Notice (“Notice”), personal information is defined under the Privacy Act 1993 (Privacy Act) to mean information about an identifiable individual.
Personal information can include sensitive information, including information about a person's race, ethnic origin, political opinions, membership of political associations and trade associations, religious or philosophical beliefs, sexual orientation or practices, criminal record, health information, genetic information about an individual that is not otherwise health information, biometric information that is used for the purpose of automated biometric verification or biometric identification and biometric templates.
This Notice relates to our use of your personal information when you:
- Interact with us through social media or adverts and content on third party websites (collectively “ghd Content");
- Use our:
o Websites, microsites, or mobile applications;
o Services delivered by via voice activated devices and/or new technologies, such as virtual reality and augmented reality;
displaying this Notice (collectively, "ghd Sites");
- Visit our offices, sites, salons or stores (“ ghd Locations”);
- Purchase products or services directly from ghd, including from the ghd Sites and ghd Locations; or
- Otherwise engage with us, for example by contacting Customer Services or consumer affairs, attending an education event, tradeshow or other ghd event.
The relevant ghd entity that is responsible for your personal information will be the ghd entity that collected your personal information. We may share your personal information within our group, and other ghd entities may also use your personal information in accordance with this Notice.
If you have any questions or concerns about our use of your personal information, then please contact us using the contact details provided in section "How do I contact ghd?" of this Notice.
ghd is a world-leading hair styling device company, and we are part of the Wella Company group, comprised of a close-knit family of iconic brands such as Wella Professionals, Clairol, OPI and Nioxin. With 6,000 employees globally, presence in over 100 countries, and an estimated value of over $4.3 billion, the Wella Company and its brands are on a mission to enable individuals to look, feel, and be their true selves. At ghd we know that beauty is not skin-deep. We are committed to embracing the scale of our responsibility to create positive change, and an exciting chapter for the beauty industry.
2. What information does ghd collect about me?
The personal information that we may collect about you broadly falls into the following categories:
- Information that you provide directly
When you engage with ghd, either online or in person, we may ask you to provide us with personal information about you. For example, we may ask you to provide us with your contact details to register an account with us, to sign up to receive our newsletters or information about our products or events; and/or to submit enquiries to us. You may also provide us with your personal information in other ways, such as if you contact us in relation to employment opportunities; purchase products; communicate with us through social media, consumer affairs or our customer services teams; join a loyalty scheme or reward program, participate in our competitions or promotions, or interact with us at tradeshows or our other events. The personal information that you are asked to provide, and the reasons why you are asked to provide it, will be made clear to you at the point when we ask you to provide it; however we may collect:
o Identification and demographic information, for example your first name, last name, email address, postal address, employer, job function/title or department, date of birth, phone number, gender, country of residence, lifestyle/interests, appearance, style, login name, password, answers to security questions;
o Transaction information, for example details regarding your transactions with us, including information about the purchases you (or your employer) made and the date and time that you made the purchase, along with financial information such as card payment details;
o Information in connection with the performance of a contract, for example right to work information, information obtained from credit reference agencies or other background checks which are required for us to perform a contract we have with you or your employer;
o Images and photographs, for example if you submit a picture to a competition, the ghd Sites or to social media and tag ghd, or when you engage with ghd via technologies such as AR, face evaluation or other tools;
o Health information, with your explicit consent, for example information related to product usage and medical history (such as heart rate, scalp condition and other features) which may be provided as part of voluntary consumer research, product development and trials;
o Correspondence, any and all when you contact us about any matter;
o Information you provide when you enter ghd competitions or promotions;
o Information provided by salons when you purchase a ghd product from that salon;
o Information you provide when you visit us, for example information you give us when you visit our offices by signing in or when you are recorded on CCTV installed at ghd Locations; and/or
o Your opinions or other information, for example if you review the products you have purchased from us, provide information about products and/or hair treatment concerns, and the brands and products you use or if you provide us with your CV when exploring your employment prospects with us.
- Information that we collect automatically
When you visit the ghd Sites, engage with ghd Content or with us digitally, we may collect certain information automatically from your computer, tablet or mobile phone (a “Device") by using automated technologies such as cookies. In some countries, including countries in the European Economic Area, this information is personal information under applicable data protection laws.
Specifically, the information we collect from you automatically may include your IP address, Device type (i.e. make and model), unique device identification numbers, browser-type, time zone settings, broad geographic location (e.g. country or city-level location) and other technical information. You may change your preferences at any time by adjusting the settings on your Device.
We may also collect information about how your Device has interacted with us, including the pages accessed and links clicked, how you navigate to and from the ghd Sites and ghd Content (such as how you scroll over the ghd Sites and ghd Content, which parts you click and how long you spend on each page), your preferences, the products and/or services that you have viewed or searched for, crashes, download errors and response times and any phone number or social media handle used to call or contact our customer services or consumer affairs teams.
- Information that we obtain from third party sources
From time to time, we may receive information about you from third party sources, but only where we have checked that these third parties either have your consent or are otherwise legally permitted or required to disclosure your personal information to us.
The types of information we collect from third parties includes:
- Our retailers, distributors and third party brand partners , for example where permitted by applicable data protection law and if applicable where you have specifically consented, our retailers, distributors and third party brand partners may pass information to us including your first name, last name, email address, postal address, phone number, gender, browsing patterns, geo-location and device identifiers, click through and other cookie data, demographic information including information about your appearance (including hair colour, hair characteristics; and hair-care routine) and information in relation to products purchased at their stores (whether on the high-street or online through their own website or a dedicated microsite) and services requested using their websites and/or applications.
- Our technology partners and market research organizations , for example, where permitted by applicable data protection law and if applicable where you have specifically consented, our preferred technology partners may share information with us, including your browsing patterns, geo-location and device identifiers.
3. How does ghd use my information?
We will collect, use and disclose your personal information for the purposes set out in this Notice, which will include:
- To provide you with the products and services that you (or your employer) have requested , to administer our relationship with you (or your employer) and to carry out our obligations arising from the relationship, including internal accounting and administration purposes, to process payment for purchases, to facilitate delivery of the products and services to you, or other services and to create and manage the account.
- To verify your identity , for example we may use your date of birth to determine that you are old enough to use our services, or your email address to determine if you already have an account with the relevant ghd Site, or your job title and employer to confirm you are authorised to purchase any products or services on their behalf.
- To provide a personalized service , for example we use your information to provide you with personalized recommendations for our products that we think you might like, tailor ghd Content to better suit your interests or, at your request and where available, to offer personalized and customized products . We will also use your personal information across the ghd Sites to provide a seamless user experience.
- For analytics purposes , for example we may analyse your information including your location, products and/or services requested, age, time zone, IP address and URL visited, against our wider customer base for internal business purposes, such as generating statistics and developing marketing plans, to improve our services and products, the ghd Sites and ghd Content. We may also aggregate and de-identify your information to create customer segments and share with our licensees and partners.
- To provide you with marketing communications that you might be interested in , for example, if you choose to receive marketing communications from us, we may use your information to keep you up to date with our latest products, services, surveys, announcements, upcoming events, sweepstakes, contests and other promotions and competitions via our newsletters, emails, or other communications. If you no longer wish to receive these marketing communications, details of how to opt out are described in the section “ How do I stop receiving marketing communications?"
- To provide the best service to our customers and consumers , for example, we may use your personal information to process and respond to your questions and/or inquiries.
- For site optimization and management , for example we may use your personal information provided to us to:
o administer the ghd Sites, ghd Content and our other digital offerings, including the services and products offered through those ghd Sites;
o ensure the security of our networks and of your information;
o customize your future visits to the ghd Sites and our other digital offerings based on your interests to ensure the most user-friendly online navigation experience;
o improve the ghd Sites and our other digital offerings (including to fix operational problems such as pages crashing and software bugs); and
o provide services to our partners such as tools, analyses, data and insights to see how their website or mobile applications are used.
- For product development and business development purposes , for example we will use information we collect from you to improve and develop new products and services.
- For fraud prevention and detection purposes and to protect and defend the rights and property of ghd, our employees and our business partners.
- For employment application purposes , for example, if you contact us in relation to your employment prospects we will use your personal information to consider you for current and future employment opportunities and to contact you with respect to employment opportunities at ghd that you have expressed interest in.
4. On what basis can ghd use my information in this way?
We are required to satisfy one or more of the reasons set out by applicable data privacy law before we can collect and use your personal information.
Generally, our legal basis for collecting and using the personal information described above will depend on the personal information concerned and the specific context in which we collect it. However, we will normally rely on the following reasons to collect and use your personal information:
What are the legal grounds?
What are they?
Performance of a contract
Using your information may be necessary for us to perform our obligations under a contract with you or with a view to entering into such a contract. For example, where you have: (i) requested services and/or products from us, we will need to use your information to provide those services and/or products that you have requested; or (ii) approached us in relation to employment opportunities, the collection and use of your personal information is necessary to enable us to offer you the job role, process your acceptance of the offer, on-board you as an employee and fulfil our obligations as an employer.
Compliance with our legal obligations
The collection and use of your personal information may be necessary to enable us to meet our legal obligations. For example, if you are a business customer we need to process your information to verify your identity and undertake necessary due diligence checks.
Pursuing our legitimate interests
Where such processing is not overridden by your rights, we are permitted to use your personal information to pursue our legitimate interests, for example to operate the ghd Sites and our other digital offerings, to improve our products and services, the ghd Sites, ghd Content and our other digital offerings or to undertake marketing. We may have other legitimate interests and if appropriate we will make this clear to you at the relevant time.
In some limited circumstances, we may rely on your consent to collect and use your personal information. For example, we may rely on consent: (i) where you have approached us in relation to employment opportunities and have provided us with sensitive personal information, such as information in relation to your racial and ethnic origin, sexual orientation, religion, physical and mental health, disabilities or trade union membership; or (ii) in relation to the sending of e-marketing or communication from different brands within the Wella Company group.
If we rely on consent, this will be made clear to you at the time we request your information. You can withdraw your consent at any point by using the mechanism provided at the time, or by contacting us using the contact details provided in the section “ How do I contact ghd?” of this Notice.
In some instances, we may need to use your personal information to protect your vital interests or those of another person.
You may not always be required to provide the personal information that we have requested. However, if you choose not to provide certain information, you may not be able to take advantage of some of our services. Any information that is so required is clearly marked as mandatory. If you would prefer that we not collect certain personal information from you, please do not provide us with any such information, or opt out of providing this information where applicable.
If we ask you to provide personal information to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not (as well as of the possible consequences if you do not provide your personal information).
If we collect and use your personal information in reliance on our legitimate interests (or those of any third party), these interests will normally be as set out in this Notice; however, if this changes we will make clear to you at the relevant time what those legitimate interests are.
If you have any questions or need further information concerning the legal basis on which we collect and use your personal information, please contact our Data Protection Team. Details for how to contact our Data Protection Team can be found in the section “How do I contact ghd?"
Please see section “ What if I access or use a social network or public forum through a ghd Site?" for further information.
6. Does ghd share my personal information with anyone?
During the past 12 months, we may have disclosed the categories of personal information listed in the section marked “What information does ghd collect about me?” to the following categories of recipients listed below:
- Within the Wella Company group: We may make your personal information available to other entities within the Wella Company group, including those entities listed on the Wella website , to allow us to provide our services to you, for the purposes described in this Notice, or as notified to you when we collect your personal information.
- With third parties for marketing purposes: Certain promotions and events run by third parties and sponsored by ghd may offer you the opportunity to consent to receive marketing communications from ghd’s business partners such as ghd’s licensors or promotion co-sponsors. If you have given your consent, your personal information may be used by such third party for the purposes stated at the point you enter the event and/or sign-up to receive the promotional updates.
- With our service providers: ghd engages third party service providers to perform functions on ghd’s behalf (for example, to support the delivery of our products, or the ghd Sites). This includes but is not limited to sharing information with the following types of service providers:
- advertising providers – including companies that provide: (i) advertising space for ghd; (ii) the provision of advertising related services, including agencies instructed to make advertising purchases on behalf of ghd, providers of ad-exchanges (a digital marketplace to buy and sell advertising space) and providers of a demand-side platform (software used to purchase advertising in an automated fashion), such as DoubleClick from Google;
- providers of marketing and customer relationship management databases and data management platforms – that enable ghd to manage your information in a safe and efficient manner;
- data analysis firms – that provide insights and help us to analyse trends using the data that we and they hold;
- customer support specialists – that provide customer support services on our behalf for ghd’s products and services;
- fulfillment companies – this includes companies that coordinate email campaigns, sweepstakes, contests or promotions on our behalf;
- warehousing and distribution companies, including providing your mobile number to facilitate the delivery of the goods and service to you, more specifically for order tracking and delivery;
- application development and web-hosting companies – to enable the ghd Sites to be hosted on the internet;
- information technology and related infrastructure providers ;
- email delivery providers ;
- credit reference agencies – for the purpose of assessing your or your employer’s credit score whether this is in the context of us entering into a contract with you or the person that you work for;
- payment processing providers - who provide secure processing services; and
- audit and professional service providers .
- As part of a business transfers: ghd may disclose your personal information to an actual or potential buyer (and its agents and advisers) in relation to any actual or proposed divestiture, merger, acquisition, joint venture, bankruptcy, dissolution, reorganization, or any other similar transaction or proceeding. If in connection with any business transfer ghd sells all or substantially all of its assets to a third party, any personal information held by us will be one of the transferred assets.
- To comply with laws: ghd may disclose your personal information to any competent law enforcement body, regulatory, government agency, court or other third party where we believe disclosure is necessary (i) as a matter of applicable law or regulation, (ii) to exercise, establish or defend our legal rights, or (iii) to protect your vital interests or those of any other person.
- When ghd believes that disclosure is appropriate in connection with efforts to investigate, prevent, or take action regarding illegal activity, suspected fraud, or other wrongdoing.
- To any other person with your consent to the disclosure .
7. What are my data protection rights?
You may also have the following rights:
- The right to request access to personal information that we collect, use and disclose, which enables you to receive confirmation as to whether or not we are processing your personal information and access to such personal information, subject to the production of satisfactory identification. If you would like a copy of your personal information held by ghd please contact us at ghd, Private bag 211030, Laurence Stevens Drive, Auckland, 2154 or at firstname.lastname@example.org . We will provide you with access to your personal information unless there is a reason or grounds at law (including under the Privacy Act) for this information to be withheld.
- The right to change and/or correct inaccurate or incomplete personal information. We will correct or update any personal information as soon as possible, unless we reasonably form the view that your personal information is not incorrect (in which case we will provide you with written notice including the reasons for the refusal and the complaint mechanisms available to you, and we will also make a note in our records that you believe the information to be inaccurate, out-of-date, incomplete, irrelevant or misleading). We do not impose any charge for requesting access to personal information, however we may, at our discretion, impose a reasonable charge for giving access to cover staff and copying costs. We do not impose any charges with respect to requests to update or correct your personal information;
- The right to request that we delete your personal information in certain circumstances;
- The right to block or suppress the processing your personal information;
- The right to object to our processing of your personal information (including any processing for direct marketing purposes). More information on how to stop receiving direct marketing can be found in the section marked, “How do I stop receiving marketing communications?";
- The right to request portability of your personal information;
- The right to withdraw your consent, if applicable. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent
If you exercise any of your data protection rights detailed in this section, we will not discriminate against you and we will not deny you goods or services, charge you a different price, or provide you with a lesser quality of goods or services
We have a strict policy where we do not rent or sell your personal information.
You can exercise these rights by contacting us using any of the methods provided in the section “How do I contact ghd?" of this Notice. We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with the Privacy Act. In order to verify your identity and so that we can locate your personal information in our systems, we may require you to provide us with a copy of either your passport or driver’s licence when you make a request. In some circumstances, we may require additional documentation to verify your identity such as a utility bill to confirm proof of address and/or a customer reference number relating to your purchase and/or product you used.
You can exercise these rights yourself or designate an agent (such as a solicitor) to make a request on your behalf by executing a notarized power of attorney to enable that person to act on your behalf.
If you have any questions or concerns about how we use your personal information, please do not hesitate to let us know. You also have the right to lodge any complaints with a relevant supervisory authority.
8. How do I stop receiving marketing communications?
We will only send you marketing communications if you have agreed to this, or if we are otherwise permitted by law. If at any time you decide that you no longer wish to receive marketing communications from us, you may opt out by clicking on the relevant ‘unsubscribe’ link in the email you receive, by contacting us using the contact details in the section " How do I contact ghd?" of this Notice. Please note, whilst we will honour your request to stop receiving marketing communications, we will continue to send you service-related communications such as emails confirming purchases through the ghd Sites and keep your information for record-keeping purposes.
9. For how long does ghd keep my information?
We will retain your information where we have an ongoing legitimate business need to do so (for example, to provide you with access to the ghd Sites or other digital offerings, to provide you with a product you have purchased, or to comply with applicable legal, tax, or accounting requirements).
When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
10. Does ghd transfer my information to other countries?
As an international entity, in order to provide our services we may need to transfer and process your personal information internationally, notably throughout the Wella Company group and to the jurisdictions in which those entities are based listed on the Wella website . This means that when we process your personal information we may process it in any of these countries.
By using this site and submitting your personal information you consent to any disclosure of your personal information by us overseas.
While we have privacy rules in place to protect your personal information, recipients outside New Zealand may not be subject to privacy obligations or to any principles similar to the New Zealand Privacy Principles. Overseas recipients may also be subject to foreign laws which could compel disclosure of personal information to a third party, for example an overseas authority. If you consent to the disclosure and the overseas recipient handles the information in breach of the New Zealand Privacy Principles, you will not be able to seek redress under the Privacy Act, may not be able to seek redress in the overseas jurisdiction and we will not be accountable under the Privacy Act.
As a result, your information may be transferred to and/or processed in countries which may not guarantee the same level of protection for personal information as the country in which you reside. However, we have taken appropriate safeguards to ensure that your personal information will remain protected in accordance with this Notice. This includes implementing the European Commission's Standard Contractual Clauses for transfers of your personal information between our group companies, which require all group companies to protect personal information that they process from the EEA in accordance with European Union data protection law.
Further information can be provided on request: please contact us using the details found in the section “How do I contact ghd?" We have also implemented similar appropriate safeguards with our third party service providers and partners and further details can be provided upon request.
11. Is my information secure?
We understand that you care how your personal information is used and/or shared with others, and we value your trust and seek to safeguard your personal information.
We implement appropriate technical and organizational security measures, including physical, administrative and technical safeguards to protect your personal information from unauthorized access, use and disclosure. To ensure the security of your personal information, we communicate our privacy and security guidelines to all ghd employees and enforce privacy safeguards within our company.
The measures we use to protect your personal information are designed to provide a level of security appropriate to the risk of processing your personal information. However, please be aware that no electronic transmission of information can be entirely secure. We cannot guarantee that the security measures that we have in place to safeguard personal information will never be defeated or fail, or that those measures will always be sufficient or effective.
Please remember that the internet is not a secure medium. Communications over the internet such as e-mails are not secure unless they have been encrypted. Any information sent via the internet is sent at the sender's risk.
Where we have given you (or where you have chosen) a password which enables you to access certain parts of the site, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
You should contact us immediately if you believe that there has been unauthorised access or disclosure with respect to any personal information that we hold about you.
As described above, the ghd Sites may contain links to and from other third-party websites and services (collectively, “Third Party Sites") that are not controlled and operated by us.
13. What if I access or use a social network or public forum through a ghd Site?
The ghd Sites may facilitate easy access to certain social networking Third Party Sites and other websites or services with user-generated content features, such as Facebook, Instagram and Twitter (“ Social Sites"). You understand that we do not control such services and are not liable for the manner in which they operate. Please review the Social Sites’ privacy policies if you would like more information about how they collect, use and share your data, your privacy rights and how to change your privacy settings.
The ghd Sites may enable you to:
- Submit content to Social Sites : for reviews, discussion forums, message boards, photographs and other public features (“Public Forums"). We do not restrict the distribution of personal information that you voluntarily disclose in these Public Forums, so please be aware that any information you disclose there may be collected and used by ghd and others. For this reason, we encourage you to refrain from providing or sharing personal information about yourself in the Public Forums. ghd cannot prevent third parties from using such information in a way that may violate this Notice or applicable law;
- Accept certain cookies from the ghd Sites (for example “Facebook Pixels”). These types of cookies help us understand your activity including the ghd Content you see, whether or not you have a Social Site account and if you are logged into that account. This information helps us to show you ghd Content you might be interested in on the Social Sites and measure the effectiveness of the ghd Content.
We may also use any personal information you provide us with on our Sites, apps and/or devices (e.g. your name, email address, gender and phone number) to identify you on Social Sites in order to show you ads that are more relevant for you. While doing this, the Social Sites will not share your personal information with other parties and will delete the information promptly after the matching process is complete.
14. I have entered a contest, promotion or survey – how do I find out more about that?
ghd and its preferred third party service providers or business partners may offer sweepstakes, contests, promotions and surveys (each, a “ Promotion") through a ghd Site.
To learn more about the terms and conditions that apply to Promotions being run by ghd, please refer to the relevant Promotion Terms and Conditions.
15. I am a Salon Owner – is there anything else I need to know?
Specific provisions apply to Salon Owners that use our ghd Sites and our other digital offerings – these are described below.
Each time you submit information relating to a ‘new client’, ‘member of staff’ or other personal information, please make sure that the relevant individual: (i) is aware that you will be sharing their details with us and our processing in accordance with this Notice; and (ii) has, if applicable, consented to receiving marketing communications from us and our affiliates.
You may only share these details with us when using a ghd Site and/or our other digital offerings where you have made those individuals aware of our Notice and how we will use their personal information. If we become aware that you have submitted personal information to a ghd Site and;/or any of our other digital offerings without permission, we will delete the information from our records.
16. What data does ghd collect if I visit a ghd Location?
We have ghd offices, warehouses, factories, salons and stores (“ ghd Locations”) in many countries. If you visit a ghd Location we will collect your personal information for the following purposes:
- Visitor Information: For health and safety and security reasons, we maintain a register of visitors to ghd Locations, including your first and last name, your contact details including mobile number, your employer and your vehicle licence plate number. We ask all our visitors to sign in and out at reception and may ask our visitors to show a form of identification which is used for verification purposes only and will not be recorded.
- CCTV System : Closed Circuit Television (CCTV) is installed at the entrances, exits and at other strategic locations at the ghd Locations. This is part of ghd’s commitment to ensuring a safe and secure environment for our employees and visitors. We may also use the footage to prevent and investigate crime. The images may be recorded and viewed by authorised individuals. The CCTV recorded data is stored for no longer than 90 days. We may retain it for longer if we have a legitimate reason to do so, for example where a crime is being investigated by police or law enforcement agencies.
CCTV outside some of the ghd Locations and in some public areas, for example reception areas, may not be operated by us and will be under the control of the relevant building landlord. Please consult their privacy notices for more information.
- Guest Wi-Fi : We have guest Wi-Fi available at many of the ghd Locations for the use of visitors. Where guest Wi-Fi is available we will provide you with a username and a password to log-in. We record the device address and will automatically allocate you an IP address whilst on site. We also log your traffic information including the sites you visited, duration and date sent/received. When you join our guest Wi-Fi we ask you to agree to ghd’s terms to use it responsibly and not to visit inappropriate websites. The purpose for processing this information is to provide you with access to the Internet whilst visiting the ghd Locations. We process this personal information when necessary for the purpose of our legitimate interest.
- Access Control System : As a visitor or contractor, we may issue you with an ID card to access the ghd Location. If we do issue you with an ID card then we will collect your first and last name, your address, your contact details and a photograph. We collect this personal information for the purposes of recording and controlling access in and out of our office and for security purposes.
- Accidents and Incidents: ghd will collect personal information from anyone injured or suffering from ill health whilst visiting a ghd Location. We may collect name, address, age, next of kin and details of the incident including any relevant medical history. We collect this data as we have a legal duty to document workplace incidents/accidents and to report certain types of accidents, injuries and dangerous occurrences arising out of work activities to the relevant enforcing authority. We will use the personal information collected to investigate and improve our health and safety procedures, and to support any legal claims arising from the incident.
17. Does this Notice ever change?
We may update or modify this Notice from time to time by updating this page, in response to changing legal, technical or business developments.
You should revisit this page from time to time to re-read this Privacy Notice and ensure you are happy with any changes. Your continued use of this site and provision of further personal information constitutes your deemed acceptance of any updated Privacy Notice.
We will obtain your consent to any material Notice changes if and where this is required by the Privacy Act. The date of the most recent version of this Notice will appear at the top of the page.
We will notify you and the Office of the Privacy Commissioner about any data breach that is likely to result in serious harm to you. There are exceptions where notification is not required, for example where we have already taken appropriate remedial action that removes the risk of serious harm to any individuals.
19. Dealing with a complaint
If you believe that we have breached the Privacy Act, you may make a complaint. A written complaint can be emailed or posted to our Privacy Officer using the contact details set out below. Please include contact details for us to contact you regarding your complaint.
If you make a complaint about a privacy matter, our Privacy Officer will respond as soon as possible (but within 14 days) and advise you who in our company will have responsibility for investigating and managing your complaint.
We will try to resolve your complaint within 30 days of receiving it. If this is not possible, we will contact you and provide you with an estimate of the time it will take to investigate and manage the complaint.
If you are unsatisfied with the outcome of your complaint, you may refer your complaint to the Office of the Privacy Commissioner.
20. How do I contact ghd?
If you have any questions about this notice or do not agree with it, please contact us by e-mail at email@example.com or on 0800 880 209 before using this site
Our Privacy Officer
You should contact our Privacy Officer if:
- you wish to access or correct your personal information;
- you believe someone has gained access to your personal information;
- you think that your account number, username or password have been compromised (in which case you should also immediately change your password);
- you believe we have breached our privacy obligations or your privacy rights in any way;
- you would like further information on our Privacy Notice; or
- you have any concerns over the protection of the personal information you have given to us or that we have collected from others.
Our Privacy Officer can be contacted as follows:
Attention: The Privacy Officer
Mail: Private bag 211030, Laurence Stevens Drive, Auckland, 2154
Phone: 0800 880 209
Office of the Privacy Commissioner
More information about your rights and our obligations in respect to privacy and information on making a privacy complaint are available from the Office of the Privacy Commissioner at www.privacy.org.nz.
Thank you for taking the time to read this Notice.
Personalisation is limited to specific characters. The use of special characters is unavailable and excludes some of, but not limited to, the following: “ [ ] , â / ^
- This document sets out the terms and conditions (“Terms”) that apply to the personalisation (“Personalisation”) of ghd goods (“Personalised Goods”) and should be read in conjunction with the Terms and Conditions of Sale (“Standard Terms”).
- Where these Terms conflict with the Standard Terms, these Terms will prevail.
- Personalised Goods are available directly from ghd for personal use only and are not intended for resale.
- Personalisation is available only on selected ghd products.
- Personalisation costs will be as set out on the website / at checkout.
- Our standard delivery terms will apply to Personalised Goods ordered, although there may be a slightly longer delivery time than usual due to the bespoke nature of Personalised Goods. Please see clause 4 of our Standard Terms for more information.
- Personalised Goods will be covered by our usual warranty conditions. Please see the ghd warranty handbook and clause 6 of our Standard Terms for more information. In the event that a warranty claim needs to be made in relation to Personalised Goods, the replacement will, where possible, contain the same Personalisation as the original order. In the unlikely event that ghd is unable to offer an identical replacement, at its sole discretion ghd will replace the Personalised Goods at no charge with a non-personalised product of comparable performance. Nothing in this clause 7 affects your statutory rights, including under the Consumer Guarantees Act 1993 (“CGA”).
- Due to their bespoke nature, you cannot cancel a contract for Personalised Goods. Clause 7 of our Standard Terms does not apply. It is your responsibility to ensure the Personalisation is correct when submitting your order. Submitted orders are considered final. We will try to accommodate changes or cancellation requests but cannot guarantee our ability to complete them. We do not accept responsibility for misspellings, grammatical errors or design errors caused by you. This does not affect your right to a replacement under clause 6 of the Standard Terms if Personalised Goods become defective within the usual warranty period or under your statutory rights, including under the CGA.
- You must not upload content for use on Personalised Goods which:
- infringes another person's intellectual property rights;
- breaches any applicable local, national or international law or regulation, including privacy laws; or
- is obscene, indecent or offensive.
- We reserve the right to refuse to accept your Personalisation order or to cancel your order for Personalisation (as appropriate) if we determine, in our absolute discretion, that it does not comply with the content rules set out in clause 9 above. If we cancel your order, clause 13.2 of our Standard Terms will apply.
- If we incur costs or third party liability as a result of your breach of clause 9.a (including the costs of defence of claims brought by third parties or any damages awarded against us as a consequence of such claims), you will be responsible for paying these costs/damages.
- These terms are governed by the laws of New Zealand.
Terms and Conditions - @ghdhair_anz Instagram Competitions
- The promoter is: Jemella Australia Pty Limited ACN 104 455 138 , a company incorporated in Australia, with its registered office at Level 3, 490-500 Adelaide Street, Brisbane QLD 4000, (collectively, “ghd ” or “we/us/our”). ghd may be contacted at the above address.
- Unless otherwise stated in the competition details on Instagram, the competitions are open to residents of Australia and New Zealand except employees of ghd and their close relatives and anyone otherwise connected with the organisation or judging of the competition.
- There is no entry fee and no purchase necessary to enter this competition.
- Route to entry for the competition and details of how to enter are via the competition post on http://www.instagram.com/ghdhair_anz
- Multiple entries from the same person are allowed.
- Opening date and closing date for entry will stated on the competition post. After this date no further entries to the competition will be permitted.
- No responsibility can be accepted for entries not received for whatever reason.
- The rules of the competition and how to enter are as written directly on the post on http://www.instagram.com/ghdhair_anz.
- Entries on stories will not be included in the draw.
- Entrants profile must be public for their entry to count.
- The prize is as stated and no cash or other alternatives will be offered. The prizes are not transferable. Prizes are subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice.
- The promoter is not responsible for inaccurate prize details supplied to any entrant by any third party connected with this competition.
- The winner will be announced on the original competition post on ghdhair_anz by 5pm Australia Eastern Standard Time on the day after the competition Closing date.
- The winner will be notified through Instagram Direct Message. The winner will be asked for their mailing address only to facilitate the delivery of their prize.
- The winners of the competition will be chosen based on the entry that provides the best comments or images (depending on the nature of the competition) that answer the competition brief. The competition will be judged by two members of the ghd Marketing team. ghd’s decision as to those able to take part and selection of winners is final. No correspondence relating to the competition will be entered into.
- Entry into the competition will be deemed as acceptance of these terms and conditions.
- ghd reserves the right to cancel, terminate, modify or suspend or recommence the competition in its absolute discretion.
- To the full extent permitted by law, ghd, its associated companies and agencies and all those entities' personnel exclude all liability for any loss (including any damage, claim, injury, cost or expense) which is suffered or incurred by any entrant in connection with the competition or prizes.
- Personal information of entrant's may be collected by ghd in the administration of the competition and to publicise the winner.
- This competition is in no way sponsored, endorsed, administered by or associated with Instagram. By entering the competition, each entrant releases Instagram from any and all liability to the entrant arising in any way from the conduct of the competition.
- ghd will never ask for any personal or financial details, or send you to an external link to enter a competition.
SLAVERY AND HUMAN TRAFFICKING STATEMENT
Introduction from the CEO
As a business we are proud of the steps we have taken to combat slavery and human trafficking in our supply chains and are committed to continuing to take a robust approach to this issue.
We regard slavery and human trafficking as a serious abuse of an individual's freedoms and rights and will not tolerate such abuse, whether in our direct operations, our indirect operations or in our supply chain.
We design, manufacture and distribute hair styling products and we are a part of the ghd Group. Our ultimate parent company is Wella Operations US LLC, a US company. ghd has over 700 employees worldwide and operates in countries throughout the world.
- Executive Board;
- New Product Development;
Our Supply Chain
Our supply chain includes outsourced manufacturers based in Europe and the Far East together with specialist component suppliers located throughout the world.
Our Policy on Slavery and Human Trafficking
We are committed to ensuring that there is no slavery or human trafficking in our supply chains or in any part of our business. Our policies reflect our commitment to acting ethically and with integrity in all our business relationships and to implementing and enforcing effective systems and controls to ensure slavery and human trafficking is not taking place anywhere in our supply chain.
Due Diligence Processes for Slavery and Human Trafficking
As part of our initiative to identify and mitigate risk we ensure that all of our key suppliers are regularly audited to ensure adherence to our policies, this is undertaken both on site and remotely using our in house quality team.
We have in place systems to:
- identify and assess potential risk areas in our supply chains;
- mitigate the risk of slavery and human trafficking occurring in our supply chains;
- monitor potential risk areas in our supply chains;
- protect whistle blowers.
Supplier Adherence to Our Values and Ethics
We adopt a zero tolerance approach to slavery and human trafficking and to ensure all those in our supply chain comply with our values we have a quality compliance programme in place. This programme includes regular supplier assessments to ensure adherence to these requirements.
Our Effectiveness in Combating Slavery and Human Trafficking
We ask each of our key suppliers to complete a questionnaire to enable us to understand their operating practices. We seek full compliance with our policies, particularly in relation to labour matters. To ensure continuing adherence to our policies on an annual basis a selection of suppliers are then audited. Should deficiencies be identified at any point we insist that an improvement programme to be put in place.
This statement is made pursuant to section 54(1) of the Modern Slavery Act 2015 and constitutes our Group's slavery and human trafficking statement.
Last Modified: 22 December 2021
What are cookies and similar technologies?
Cookies are small data files that are downloaded to your device when you visit a website or application. When you return to the website, or another website that recognizes that cookie, the cookie is sent to that site to enhance your experience by remembering your preferences, providing tailored advertising, helping you navigate more efficiently or keeping you logged in. You can find out more about cookies at www.allaboutcookies.org (Opens in new window) .
The ghd website may use similar technologies to cookies, including pixel tags, mobile device identifiers, web beacons and server logs to understand how you are using our website and provide adverts tailored to you and your interests. These technologies often take the form of a small, transparent graphic images placed on a web page or in an email. They work with cookies and capture data like your IP address, when you viewed the page or email and what device you were using. Where we use web beacons in the emails we send to you, these are used to enable us to assess the level of engagement our emails receive by measuring information such as the delivery rates, open rates and click through rates which our emails achieve.
There are different types of cookies:
- Session cookies: these are cookies which last for as long as you keep your web browser open and expire when you close your web browser.
- Persistent cookies: these are cookies which stay on your device for a set period of time and expire at a fixed point in time or if you manually delete them from your browser, whichever occurs first.
- First party cookies: these are cookies set by the website that you are visiting at that time, either by us, or by a third party at our request.
- Third party cookies: these are cookies that are set by a party other than that of the website you are visiting.
- understand the behaviour of users to the ghd website;
- track which parts of the ghd website people have visited;
- understand the profile of the users of the ghd website;
- make our ghd website as convenient and personal as possible, for example by keeping you signed in;
- measure the effectiveness of our online advertising or how often our content is viewed;
- determine which email messages were opened, whether you clicked on any links and interacted with the content and to optimize your email experience;
- analyse your information including your location, products and/or services requested, age, time zone, IP address and URL visited, against our wider customer base for internal business purposes, such as generating statistics and developing marketing plans, to improve our services and products, the ghd website and content. We may also aggregate and de-identify your information to create customer segments and share with our licensees and partners.
We may match your browsing activity on one Device, such as your mobile phone, with your browsing activity on another Device, such as your tablet, to ensure our advertising is tailored to you. To allow us to do this, our preferred technology partners may share information, including your browsing patterns, geo-location and device identifiers, and we will match that information to the information in our user base as a whole by identifying the browser and Devices that appear to be used by the same person. To learn more about how we share your information, please refer to our Privacy Notice .
We have set out below the ways you can manage your cookie preferences across your browser and your mobile device.
You are welcome to block the use of some or all of the cookies and similar technologies we use on our website. However, please be aware that doing so may impair some features and/or services on our website and its functionality or may even render some or all of it unusable. Additionally, added functionality which is provided by personalization technologies will likely not work - impairing our ability to provide content or products which are most relevant to you.
You should also be aware that clearing all cookies from your browser will also delete any cookies that are storing your preferences, for example, whether you have accepted cookies on a website or any cookies that are blocking other cookies.
Please also note that we do not respond to or honour “do not track" (a/k/a dnt) signals or similar mechanisms transmitted by web browsers.
You can accept or reject some or all cookies (for example, blocking all third party cookies) by adjusting your browser settings. Most browsers will tell you how to stop accepting new cookies, how to be notified when you receive a new cookie, and how to disable existing cookies. However, please be aware that when you disable cookies, some features and services on the ghd website may not function properly and may cancel opt-outs that rely on cookies, such as web analytics. If you do not know how to do this, the links below set out information about how to change your browser settings for some of the most commonly used web browsers:
- Google Chrome: https://support.google.com/chrome/answer/95647?hl=en-GB (Opens in new window)
- Mozilla Firefox: https://support.mozilla.org/en-US/kb/delete-browsing-search-download-history-firefox?redirectlocale=en-US&redirectslug=Clear+Recent+History(Opens in new window)
- Microsoft Edge: https://support.microsoft.com/en-us/help/4468242/microsoft-edge-browsing-data-and-privacy-microsoft-privacy (Opens in new window)
- Microsoft Internet Explorer: https://support.microsoft.com/en-us/help/278835/how-to-delete-cookie-files-in-internet-explorer(Opens in new window)
- Apple Safari: https://support.apple.com/kb/PH5042?locale=en_US (Opens in new window)
- Opera: https://help.opera.com/en/latest/(Opens in new window)
Some browsers, such as Chrome and Firefox, allow you to change your settings to browse in ‘incognito’ mode, limiting the amount of data placed on your machine and automatically deleting any persistent cookies placed on your device when you finish your browsing session.
To clear cookies that have previously been placed on your browser, you should select the option to clear your browsing history and ensure that the option to delete or clear cookies is included when you do so.
By setting your email account to display emails as text only, you may be able to prevent the use of some web beacons, however please be aware that our emails won’t look as pretty and some functionality may be disabled. Please consult the "Help" section of your email client for more information. Alternatively, you can remove yourself completely from our mailing list by going to the bottom of any email from us and clicking on the relevant 'unsubscribe' link in the emails you receive or by contacting us using the details found in the section “How do I contact ghd?”.
Mobile Device Cookies
For your mobile device, you can understand which third parties have currently enabled cookies on your mobile device and how to opt-out of some of those cookies by accessing the Network Advertising Initiative's website at http://www.networkadvertising.org/mobile-choices (Opens in new window) from your mobile device. On your mobile device you may also select “Limit Ad Tracking” (on iOS devices) or “Opt out of Interest-Based Ads” (on Android) which allows you to limit the use of information about your use of apps for purposes of serving ads targeted to your interests.