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Free Sample Campaign – Terms and Conditions and Privacy Policy

Terms & Conditions

Please read these Terms of Use carefully before using the site.

By using any Care Latex International (NZ) Limited (“Care Latex”, “we” or “our”) website or other online applications or platform (each, a “Platform”), you confirm that you agree to these Terms of Use, any additional terms stipulated on the Platform and to the Care Latex Privacy Policy (together, our “Platform Terms”). If you do not agree, do not use our Platforms.

You are responsible for ensuring the security of the personal information held on your computer,
mobile or other device.

1. Ability to Accept the Platform Terms

The use of the Platforms is restricted to users over the age of 16. By creating a User Account (defined in Section 5 below) or using any of the Platforms you declare that you are at least 15 years old or otherwise have express parental or guardian consent to perform these actions. If in using the Platforms or creating a User Account you provide information relating to your child, who aged under 16, guarantee that you are a parent of the child or other person exercising parental responsibility.

2. Restrictions on Use

These Platforms have been created for your information, education, entertainment and communication, and are available only for your personal, non-commercial use. You may not copy, reproduce, republish, post, distribute, transmit or modify in any way all or any part of the Platforms.

3. Trademark and Copyright Notice

The Platforms and all perceptible components, including without limitation text, images and audio, are copyrighted by Care Latex International Holdings Sdn. Bhd. All names, logos and trademarks are the property of Care Latex or its affiliates and you may not use any of such materials for any purpose without our express written agreement.

4. User Submissions

Some or all of the Platforms may permit you or other users to submit images, comments, videos or other communications (“User Submissions”) and may also provide for the hosting, sharing, or publishing of such User Submissions.

You agree that Care Latex has no obligation to post, publish, or use any User Submissions. Care Latex does not endorse any User Submission or any opinion, recommendation, or advice expressed therein. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them.

Care Latex reserves the right to remove, modify, limit access to, or control User Submissions without prior notice. Care Latex also reserves the right to decide whether a User Submission is appropriate and complies with these Terms of Use. Care Latex may remove User Submissions and/or terminate a User’s access for uploading material in violation of these Terms of Use at any time.

In connection with User Submissions, you represent, warrant, and covenant the following:

  • Your User Submission is truthful and accurate, and not misleading;
  • If our product(s) are mentioned in your User Submission, you are or were a bona fide user or owner of the Care Latex product(s) mentioned, and your User Submission reflects your true and honest opinion of and experience with such product(s);
  • You own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright, intellectual property or other proprietary rights in and to any and all User Submissions to allow inclusion and use of the User Submissions in the manner contemplated by the Platform and the Platform Terms;
  • Your User Submission does not violate a law, statute, ordinance, or regulation, or infringe any third party rights;
  • Your User Submission is not: obscene; defamatory; libelous; harassing or threatening; vulgar, sexually explicit or pornographic; or otherwise inappropriate with respect to race, gender, sexuality, ethnicity, religion or other personal or intrinsic characteristic;
  • Your User Submission does not encourage conduct that would be considered a criminal offense, give rise to civil liability, violate any law;
  • Except as is both reasonable and necessary in the context of your particular User Submission, it does not contain references to other website, email addresses, contact information, or other personal or sensitive information about an identifiable or reasonably identifiable individual, unless you have express written consent from any identifiable individual; and
  • Our use of your User Submission will not cause injury to any person or entity.

You understand that when using a Platform, you may be exposed to User Submissions from a variety of sources, and that Care Latex is not responsible for the accuracy, appropriateness, usefulness, safety, or intellectual property rights of or relating to such User Submissions.

5. User Account

To access some features and services of the Platforms, you may be required to create a user account or profile for a Platform (“User Account”) that is personal and cannot be shared with other individuals. When creating your User Account, you must provide accurate and complete information. You are
solely responsible for any activity that occurs on your User Account, and you must keep your account password secure. You must promptly notify Care Latex of any breach of security regarding, or unauthorised use of, your User Account.

6. User Account Termination

As part of the provision of its services Care Latex may restrict, suspend, or terminate your User Account for any one or all of the Platforms (or any portion thereof) or your use of any one or all of the Platforms (or any portion thereof) and remove and discard any User Submissions, if Care Latex deems that you have violated our Platform Terms. If you wish to terminate and close your account, please contact us: http://3.103.2.230/] .

7. Disclosure and Use of User Submissions

User Submissions and email delivered to Care Latex are not confidential and Care Latex shall not be liable for any use or disclosure thereof. By submitting User Submissions and other materials (including, without limitation, unsolicited ideas, suggestions or materials) (“Submitted Content”) to Care Latex via this site or email, you grant Care Latex and its affiliates, agents and representatives an
exclusive, royalty-free, perpetual, irrevocable, transferable, worldwide licence to use, edit, reproduce and exploit the Submitted Content by all means whatsoever (including, without limitation, in print and electronic format) for any purpose. In addition, you consent to Care Latex and its affiliates, agents or representatives infringing the entrant’s moral rights in the Submitted Content. You waive any right to inspect or approve any use, edit or reproduction by or on behalf of Care Latex of all or any part of the Submitted Content.

8. Unsolicited Ideas

Care Latex is eager to receive your comments and answer your questions about our products and our company. However, we are not seeking, nor can we accept, unsolicited ideas, suggestions or materials relating to the development, design, manufacture or marketing of our products. By adhering to this policy, we hope to avoid subsequent misunderstandings among members of the public who
submit comments or ideas relating to products or concepts developed by Care Latex’s employees.

Should you become employed with Care Latex, none of the materials provided in the Platforms constitute or should be considered part or all of an employment contract. Further, the representations made do not constitute guarantees or obligations on the part of Care Latex, which maintains an at-will relationship with its employees.

9. Jurisdiction

The products referred to in the Platforms are available in New Zealand (as indicated) and may not be available in your country. The Platforms are controlled and operated by Care Latex and we make no representation that the information and materials in the Platforms, including without limitation the information and other materials promoting the products identified herein are appropriate or available
for use in other locations. Also some software from the Platform may be subject to export controls and may not be freely downloaded.

10. Disclaimer of Warranties

CARE LATEX MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT (TEXT AND IMAGES) OF THE PLATFORMS. THE COMPETITION AND CONSUMER ACT 2010 (CTH) AND CERTAIN CORRESPONDING STATE LEGISLATION IMPLIES TERMS, CONDITIONS AND WARRANTIES INTO SOME CONTRACTS FOR THE SUPPLY OF GOODS AND SERVICES AND PROHIBITS THE EXCLUSION, RESTRICTION AND MODIFICATION OF SUCH TERMS (“PRESCRIBED TERMS”). EXCEPT AS PROVIDED BY PRESCRIBED TERMS, ALL TERMS, CONDITIONS AND WARRANTIES EXPRESS OR IMPLIED BY LAW IN ANY WAY RELATING TO ACCESS TO, OR NON-ACCESS TO, THE PLATFORMS OR YOUR USE OF, OR RELIANCE UPON, THE PLATFORMS OR THEIR CONTENTS ARE HEREBY EXCLUDED. FURTHER, CARE LATEX DOES NOT WARRANT THAT THE PLATFORMS OR THE SERVER THAT MAKES THEM AVAILABLE ARE
FREE OF COMPUTER “VIRUSES.”

11. Limitation of Liability

Except as provided by the Prescribed Terms, Care Latex shall not be liable for damages of any kind, including without limitation special or consequential damages, arising out of your access to, or inability to access, any of the Platforms or your use of, or reliance upon, the Platforms or the content hereof. In addition, Care Latex has no duty to update the Platforms or the content hereof and Care Latex shall not be liable for any failure to update such information. Further, Care Latex is neither responsible nor liable for your use of other web sites which you may access via certain links within the Platforms. These links and other referenced on the Platforms are provided merely as a public service to users of the World Wide Web and inclusion in our Platforms does not constitute an endorsement by or affiliation with Care Latex.

12. Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Care Latex and its affiliates, employees, contractors, officers, directors, service providers, agents, representatives, successors, and assigns from and against any and all demands, liabilities, claims, damages, losses, costs, expenses, and harms, including reasonable attorneys’ fees and expenses (including any of the foregoing incurred in enforcement of this indemnity provision), that arise from or
in connection with your misuse of one or more Platforms or from your breach of our Platform Terms.

13. Links

Our Platforms may include links to or may be linked from other websites that are operated and maintained by third parties and that are not under the control or responsibility of Care Latex. The content on those third party websites and the services offered by such third parties are not verified or controlled in any way by Care Latex and are subject to change without notice to Care Latex.
Accordingly, Care Latex explicitly disclaims any responsibility for the accuracy, content, or availability of information, products, or services found on such third party websites.

14. Other

Care Latex, in its sole discretion, reserves the right to (1) change our Platform Terms, (2) monitor and remove postings, and (3) discontinue Platform availability at any time without notice. If any term, condition, or provision of this Legal Statement is determined to be unlawful, invalid, void, or for any reason unenforceable, the validity and enforceability of the remaining terms, conditions and provisions
shall not in any way be affected or impaired thereby. The Platform Terms constitute the entire agreement between you and Care Latex relating to the subject matter herein.

By using, or continuing to use, the Platforms, you are acknowledging your consent to the foregoing terms and conditions.

IF YOU DO NOT AGREE TO THE PLATFORM TERMS, DO NOT USE THE PLATFORMS.

Privacy Policy

Personal Information. Personal information (“PI”) means any information that can be used to directly or indirectly identify a specific individual. We may collect personal information from a variety of sources. These sources include personal information that:

  •  you give to us directly (e.g., when you sign up for things like newsletters, sweepstakes, surveys or promotions or register for an account on our Sites and provide information like your name, email address and date of birth);
  • we collect automatically (e.g., when you browse our Site and interact with us online, we (or our partners) may use cookies and tracking technologies to obtain your personal information); and
  • we collect from other sources and partners (e.g., when we purchase personal information about you from a third party to better personalize your experience or market to your interests).

The types of personal information we obtain include:

  • contact information, such as your name, postal address and/or zip code, email address, and telephone/mobile number; we may also collect your child’s name and date of birth from you;
  • account information, such as your username and password (e.g., if you choose to create an account on the Site);
  • purchase history information, such as when you make a purchase from us or our partners;
  • loyalty and rewards information, such as when you sign up for loyalty programs;
  • characteristics and attributes, such as age ranges, languages spoken, and marital and family status either collected by us or our partners;
  • preferences, such as hobbies, interests, shopping preferences, and product propensity scores (e.g., likelihood of purchasing products) either collected by us or our partners;
  • online or technical information, such as device, browser, mobile application, system and internet protocol addresses, and identifiers; and
  • inferred information, such as information derived from the information listed in this section.

Sensitive Personal Information. For the purposes of processing listed in this Policy, we (or our partners) may collect and process sensitive personal information. This may include information such as your race, ethnicity, date of birth, or data related to your use of our Site or products such as pregnancy, allergies (e.g., allergy trigger quizzes), menstruation (e.g., period calculators), or incontinence. We may also make inferences about your preferences, behaviours, characteristics,
health, or attributes related to your use of our Site or products. When we collect data that may be considered “sensitive”, we (or our partners) will request your consent to process such sensitive personal information and we may provide other controls (like an opt-out of certain processing), when required by law. Please note that certain portions of the Site may require this data for us to fully provide our services, so your choice to not provide such information may limit the scope of available offerings. We respect our customers’ rights and heightened privacy interests pertaining to sensitive
personal information. As such, we commit to verifying that law enforcement entities follow the laws and procedures in their jurisdictions before we respond to a request for such information. Even when compliant with the laws of the requesting agency’s jurisdiction, we may make reasonable challenges to such requests.

Purposes of Processing. We collect, process, and disclose your personal information only for specific and limited purposes. For example, we may process your personal information across all Care Latex International brands to:

  •  develop, provide and improve our products, services, communication methods, and the functionality of our Site;
  • process requests and manage our business needs regarding the products, offers and services we provide; this also includes responding to your questions and verifying your identity when necessary, when you contact us;
  • provide personalized experiences, transactional and marketing communications, and targeted advertising including special offers and recommendations to you;
  • better understand your interests and create profiles by analysing information about your attributes, characteristics, and behaviours for internal research; and to establish, deliver and measure advertising/marketing campaigns to you or to people like you;
  • secure and protect your personal information and our interests; this includes preventing and investigating illegal activities, fraud and violations of our Terms of Use policies and other service conditions; and
  • comply with legal requirements, including cooperating with law enforcement, government authorities, or governmental mandate (but when we do, we will disclose only the minimum amount of information required by law).

Legal Bases. Additionally, certain data protection laws require us to have a “legal basis” and defined purpose before processing any personal information about you. Our legal bases for which we may
process your personal information may include:

  • to establish or perform the contract we are about to enter (or have entered) into with you;
  • for our legitimate interests (or those of a third party) which will not override your interests and fundamental rights; this includes many of purposes of processing listed above;
  • with your consent; this includes, for example, to personalize, deliver and measure certain direct marketing and advertising communications concerning our products and services; our communications may be sent by both non-automated and automated means (e.g., email, social media messages, SMS, MMS, automated dialling systems, or calls by human operators); and/or
  • where we need to comply with a legal or regulatory obligation and/or respond to requests from public and government authorities. This may include disclosing your information to law enforcement agencies or as required to comply with laws or regulations (including antifraud laws, money laundering, or tax laws) as well as transferring your personal information in connection with any potential or actual merger or sale of assets as part of a corporate transaction. When we process personal information on this basis, consistent with this Policy, we carefully review each request to ensure it is valid and that the requestor is entitled to the personal information they seek (and may challenge such requests as appropriate).

We may share information about you with our brands as well as third parties in certain circumstances including in the following situations:

  • Sharing Your Information with Service Providers. We may share personal information with companies or individuals that provide us with services. These services may include, among other things, helping us to provide services to you; to create or maintain our databases; process payments; prepare and distribute communications; or to respond to inquiries;
  •  Other Third Parties and Partners. To better tailor your experiences and interests for advertising and marketing, your personal information may also be used by us or shared with partners; advertisers; advertising networks; advertising server and advertising technology companies; cloud data warehouse providers; data onboarding, data cleanrooms, identity resolution companies; social media networks; analytics and performance measurement companies; and similar third parties. These third parties and their websites, platforms, and
    applications generally have their own privacy policies and terms of use.
  • Blogs, Online Postings, and Testimonials. You may share comments, posts, testimonials, or other information on certain forums such as our Sites or social media networks. If you
    choose to do so, this information may be generally available to the public and read by others who access these forums. Again, third parties and their websites, platforms, and applications generally have their own privacy policies and terms of use and you should review those notices prior to using those sites;
  • Deidentified Information. We may share deidentified information (e.g., aggregated or grouped information) that doesn’t identify you personally with third parties for research or
    other purposes identified in this Policy. When we share this information, we require these third parties to agree not to attempt or to allow others to use it to identify individuals;
  • Law Enforcement and Legal Reasons. Subject to applicable contractual restrictions and other internal procedures limiting disclosures to law enforcement (discussed above), we also
    may disclose personal information (1) if we are required to do so by law or legal process (such as a court order or subpoena); (2) in response to requests by government agencies
    (such as law enforcement or regulatory authorities); (3) to establish, exercise or defend our legal rights; (4) when we believe disclosure is necessary or appropriate to prevent physical or other harm or financial loss or to protect your other vital interests; or (5) in connection with an investigation of suspected or actual illegal activity;
  • Business Transactions. We reserve the right to transfer any personal information we have about you in the event we sell or transfer all or a portion of our business or assets (including
    in the event of a merger, acquisition, joint venture, reorganization, divestiture, dissolution, or liquidation); and/or
  • International Data Transfers. We may transfer your personal information with our brands and trusted-third parties outside of the country or territory from where you reside. When these
    third countries do not offer the same level of data protection as your country, we (or our service providers or their contractors/sub-processors) take steps to make sure that there are
    adequate safeguards are in place to protect your personal information. For example, these adequate safeguards may include your consent or involve binding the third party transferring
    your personal information to a contract that requires the same level of standards as the country from which the data was collected. In addition, we comply with certain national or
    country “localization” laws that, among other things, require personal information about their residents to be collected, processed and/or stored inside the country before being transferred internationally.
 

Individual Rights. Where we process your personal information, you may be entitled to certain rights made available through applicable data protection laws. Some of these rights are explained below. You can reach Care Latex with any questions or to exercise your rights via the Contact Us section of our website. This privacy policy applies data privacy laws in accordance with New Zealand Privacy Act 2020, you may have the below rights regarding your personal information:

  • The Right to be Informed. You may have the right to be informed about how we plan to process your information. This is the main purpose of this Policy;
  • The Right to Deletion or Erasure. You may have the right to have your personal information deleted;
  • The Right to Access Your Data. You may have the right to access and receive a copy of your personal information and other supplementary information;
  • The Right to Port Your Data. You may have the right to obtain and reuse your personal information for your own purposes across different services and companies;
  • The Right to Rectify Your Data. You may have the right to rectify your data if it is inaccurate or needs to be supplemented;
  • The Right to Object. You may have the right to object to certain types of processing, including direct marketing;
  • The Right to Withdraw Your Consent;
    • Email Marketing Communications. If you wish to withdraw the use of your personal information for email marketing for any or all of our brands, you may unsubscribe as
      directed in our marketing emails. You also may unsubscribe directly on some of our Sites (e.g., “unsubscribe” footers). You may also reach out to us via the “Contact Us”
      section in our website;
    • Telephone or SMS Marketing Communications. If you wish to withdraw the use of your personal information for telemarketing or SMS marketing for any or all of our brands, text “Stop” as directed in the marketing text messages. You may also reach out to us via the “Contact Us” section in our website;
    • Postal Marketing Communications. If you wish to withdraw the use of your personal information for postal marketing for any or all of our brands, you may reach out to us via the “Contact Us” section in our website;
    • Interest-Based or Online-Behavioural Advertising. Online-behavioural advertising is automated, customized advertising that is tailored to your preferences and interests based on your online browsing activities over time and across multiple third-party websites and applications. Your preferences and interests are determined from personal information collected about you, whether by us or other parties. You may receive this advertising when using online services, like advertisements in mobile applications or on websites;
      • To stop receiving interest-based advertising from companies who participate in the Digital Advertising Alliance, you can opt-out here. Even if you opt-out, you may still see advertisements, but they will be based on the context of the sites you visit and not based on your viewing activities.
    • Loyalty, Special Offers, Sweepstakes or Financial Incentives. If you wish to remove your participation in these programs or offers, please reach out to us at www.carelatex.co.nz
  • The Right Not to be Discriminated Against. You may have a right not to be discriminated against (e.g., be denied goods or service, charged different prices or rates for goods or services, provided a different level of quality of goods or services) for exercising your legal rights. However, we may offer a different price, rate, level, quality or selection of goods or services to you if you opt-out (or stop sharing your data) and such difference is reasonably related to the value provided to us by your data.
  •  The Right Not to Be Subject to Automated Decision Making or Profiling. You may have the right not to be subject to automated decision making (a decision that is created solely by
    automated means and without any human intervention) including the automated processing of personal information for the purposes of profiling or of the evaluation of certain things about you that have legal or similar significant effects, as defined by applicable law. You also may have the right to request human involvement, obtain an explanation of the decision, or
    challenge such decision;
  • The Right to Restrict or Limit the Use of Your Sensitive Personal Information. You may have the right to have your sensitive personal information restricted or suppressed.
  • The Right Not to Share or Sell Your Data and/or the Right to Opt-out of Targeted Advertising. You may have the right to not have your data sold or shared for certain purposes according to applicable law. Similarly, you may have the right to opt-out targeted advertising. This advertising may be when you receive advertising based on your personal information obtained from your activities over time and across non-affiliated websites or online applications.
  • Right to Lodge a Complaint with a Competent Supervisory Authority. You may have the right to lodge a complaint with the Privacy Commissioner regulatory authority pertaining to our
    processing of your personal information.
  • Verifying Requests. To help protect your privacy and maintain security, we will, according to applicable law, take steps to verify your identity before processing certain rights requests,
    such as granting you access to your personal information or complying with your request. If you designate an authorized agent to make a request on your behalf, we may require you to
    (a) provide the authorized agent written permission to do so and to share such authorization with us when processing a rights request, or (b) verify your own identity directly with us.
  • Data Retention. We keep your information as long as we need it for business, tax or legal purposes, including the legal bases described in this Policy. After that, we either delete it or fully anonymize in compliance with Privacy Act 2020.
  • Data Security. We maintain administrative, technical, and physical safeguards designed to protect the personal information you provide against accidental, unlawful or unauthorized access, destruction, loss, alteration, disclosure, or use.