Privacy Policy

1. About our privacy policy

SetSeed Limited, NZBN 9429050728343 (referred to as “SetSeed”, “our”, “us” or "we") respects and protects the privacy of visitors to our website, www.setseed.com, and other websites under the setseed.com domain (together, the “Website”), and the customers that use our content management system, web design software, tools, and related services (together with the Website, the “Platform”). SetSeed is committed to protecting the privacy of the personal information of our current, former and potential customers (referred to as “Customers”, “you” and “your”).

This privacy policy sets out how we manage your personal information held by us, including how we collect, use, hold, disclose and otherwise process your personal information. You will also find information about how to contact us if you have any privacy queries, including how to update or access your personal information or make a complaint.

It is important to note that, if we are unable to collect, use, hold, disclose and otherwise process your personal information in the manner authorised by this privacy policy then we may not be able to provide you with the full benefit of our products, services, offers or online and digital platforms.

Unless we expressly agree otherwise, when you:

• provide us with any personal information (whether directly or indirectly);
• access our Website or any associated website or microsite and any materials downloaded from these websites;
• engage us to provide services;
• download or install our software; or
• otherwise use the Platform,

you are deemed to have read this policy and to accept and consent to the provisions of this policy without qualification, and your personal information will be processed by us in accordance with this policy and all applicable privacy laws, including the Privacy Act 2020 (Privacy Act).

2. How we collect personal information

We collect personal information from or about you in a variety of ways. We will try to collect personal information directly from you, either by email, in person, over the phone, or automatically through our digital and online channels. However, we may also collect your personal information from other third parties, including our related entities, service providers, contractors, and agents.

3. What personal information we collect

Generally, the types of personal information that we collect from or about you depends on the circumstances in which the information is collected. We have described below examples of the types of personal information that may be collected, however this is not an exhaustive list:

Information you provide

• Customer information: We collect information from you when you create or update your account. The main type of personal information that we collect is your full name and contact details, including physical and postal address, email addresses, phone numbers, mobile numbers, login name and password for the purpose of creating and managing your account.
• Professional information: We also collect professional and employment-related information, such as your business name and other information related to your business.
• Communications and phone calls: When you communicate with us in relation to the Platform, we may collect information about your communication and any other information you provide. This includes when you call or message us, in which case we may retain your call for fraud prevention, internal training and quality assurance purposes.

Automatically collected information:

• Device information: We may collect information about the devices you use to access the Service including the hardware model, device IP address, operating systems and versions, software, file names and versions, preferred languages, unique device identifiers, advertising identifiers, serial numbers, and mobile network information.
• Statistical information: We may collect non-personal information about your use of the Website and the Service to improve the features and overall user experience. This may include statistical information such as pages accessed on the Website and the Service, search terms, links that are clicked on, Website and Service visit times, browsers and operating systems, IP address, and cookies.

Other Information

We collect personal information from or about you in a variety of ways. We will try to collect personal information directly from you, either by email, in person, over the phone, or through our digital and online channels. However, we may also collect your personal information from other third parties, including our related entities, service providers, contractors, and agents.

We do not collect any ‘Special Categories of Personal Data’ about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data) unless you voluntarily provide this. Nor do we collect any information about criminal convictions and offences.

We only collect and process personal information that we consider necessary for the effective functioning of the Platform and business.

4. Why we collect personal information and what we do with it

We only collect personal information that we consider necessary for the effective functioning or activities of our business, and we only hold, use and disclose it for the purposes for which it was originally collected (and for related purposes which you would reasonably expect), unless required or authorised by or under law or if you have consented to another use. Some of the specific purposes for which we collect, hold, use and disclose personal information includes to:

• create and update your account;
• enable us to correspond with you for reasons related to the Platform;
• allow us to effectively operate the Platform and our business;
• measure the effectiveness of the Platform and understand how people use and interact with the Platform;
• contribute to anonymised and generalised data that we may use for our internal business purposes or that we may provide to third parties (for which we may collect a fee), including for statistical and research purposes;
• use automatically collected technical information (such as IP addresses) to monitor system activity, enhance security, and ensure the effective operation of our Platform;
• prevent breaches of our Terms of Service and ensure the security of the Platform;
• conduct investigations relating to the Platform and make risk assessments;
• allow our business and Platform to be audited;
• advertise and market our business, such as to send you promotional messages, marketing or advertising (unless you opt out); and
• ensure we comply with our obligations under law, including disclosures authorised under applicable privacy laws and any other relevant legislation.

5. Who has access to your personal information?

We respect the privacy of your personal information and will take all reasonable steps to keep it confidential. However, we may disclose your personal information if required in connection with the purposes described in this privacy policy. This may include disclosure to the following persons:

• our employees, officers, contractors, agents, and third party service providers (for example, mailing houses, marketing agencies, airline programme partners, market research providers, printers, insurance providers, financiers, website and data hosting providers, data analytics providers, warranty companies, and other IT suppliers);
• our related or affiliated companies and their respective employees, officers, contractors, service providers and agents (and our related or affiliated companies may disclose the personal information directly to their contractors, service providers and agents);
• our accountants, insurers, lawyers, auditors and other professional advisors in order for us to obtain their advice;
• our third-party hosting providers, such as voyager.nz, who may access the data to provide the necessary infrastructure and support services for our Platform. These third-party service providers are obligated to maintain the confidentiality and security of the information and are restricted from using it for any purposes other than fulfilling their service obligations to us.
• any other third parties to whom you direct or permit us to disclose your personal information (e.g. third parties with whom we have directly or indirectly arranged services for your benefit);
• any other third parties that require the information for law enforcement, formal dispute resolution, or to prevent a serious threat to public safety; and
• as otherwise permitted or required by or under any applicable law.

Should we sell a part of or the whole of our business, our records of personal information will be transferred to the new business owner or any of its related or affiliated companies (as the case may be).

Any recipients of your personal information shall only be entitled to use your personal information as required for the purposes for which it was provided to them, which shall be consistent with the purposes described in this privacy policy.

We will take reasonable steps to ensure that any third party to whom we disclose personal information is required to comply with applicable privacy law. One way we achieve this is by placing contractual obligations on third parties governing the use of personal information that we provide them with.

Your provision of personal information to us (whether directly or indirectly) will constitute your consent for us to disclose this information in accordance with this privacy policy.

6. Marketing – Your Rights

You will only receive marketing communications from us and/or third parties if you have consented to this when you provided your contact details to us (or if you have otherwise submitted your consent to us for these purposes). These communications may be sent in various forms, including mail, SMS, fax, and email, in accordance with the applicable marketing laws of your jurisdiction.

You have the right to ask us not to use your personal data for marketing purposes. You can request that you stop receiving information from us at any time by contacting us at the address set out below (please see clause 15).

7. Advertisers

We do not disclose identifiable information about individuals to our advertisers or sponsors, but we may provide them with anonymized aggregate information about our users. We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example: Women in London). We may make use of the personal data we have collected from you to enable us to comply with our advertisers' and sponsors’ wishes by displaying their advertisement to that target audience.

8. Cookies

Our Website uses cookies to enhance the browsing experience and provide certain functionality. We use this technology to generate statistics and measure website activity to improve the usefulness of Customer visits. Third party vendors may utilise cookies to collect information about the content you view on our website and use that information to show and/or serve our advertisements on other websites based on a user’s prior visits to our website and other internet activity. The different types of cookies we use are outlined as follows:

• Strictly necessary cookies: These cookies are essential for enabling you to navigate the website and utilize specific features you have requested.
• Functionality cookies: These cookies enhance your experience by providing functionality you have requested, such as storing items in a shopping basket before placing an order.
• Performance cookies: We use our own tracking cookie as well as third-party cookies from Google Analytics to log your visits throughout the website and help us improve its performance. You can opt-out of Google Analytics cookies here.

By using our Website, you consent to the use and storage of cookies on your end device. You can also view our Website without cookies. If you do not wish to receive any cookies you may set your browser to refuse cookies. Not all features of our website may be available if you do not enable cookies. We recommend you enable cookies in order to enjoy our website.

9. Disclosure of personal information offshore

This clause applies if you reside in New Zealand.

Some of the third parties to whom we disclose personal information may be located outside New Zealand. In addition, our website and systems and those of our group companies may also be based on servers located outside of New Zealand. If we disclose personal information to third parties based offshore, we will comply with the requirements of the Privacy Act that relate to the transfer of personal information offshore.

10. Transferring your personal information out of the EEA

This clause 10 applies if you reside in the European Union or United Kingdom.

To deliver services to you, it is necessary for us to share your personal information outside the European Economic Area (“EEA”), for example:

• with our offices outside the EEA;
• with our service providers located outside the EEA; and
• if you are based outside the EEA.

These transfers are subject to special rules under European and UK data protection law, and whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring any such transfer out of the EEA complies with data protection law and all personal information will be secure.

11. Storage and security of personal information

Any personal information that falls within the scope of this privacy policy is collected and held by SetSeed Limited or trusted third parties we may engage to store information on our behalf (such as cloud hosting service providers).

We will take reasonable steps to protect your personal information from misuse, interference, corruption, loss or unauthorised access, modification or disclosure, including through physical, electronic and procedural safeguards. For example, we primarily use third-party hosting services provided by voyager.nz, which facilitate the hosting of our services and allow Customers to upload content to these servers. However, to the extent permitted by law, we will not be responsible for and exclude all liability arising in relation to any misuse, interference, corruption, loss or unauthorised access, modification or disclosure of your personal information.

If we provide you with any passwords or other security devices, it is important that you keep these secret and confidential and do not allow them to be used by any other person. You should notify us immediately if the security of these devices is breached to prevent the unauthorised disclosure of your personal information.
If we become aware of any breach involving your personal information, we will comply with the requirements of any applicable privacy laws relating to the reporting of privacy breaches.

12. How long we keep your personal information

We will only keep your personal information for as long as it is required for the purposes for which it was collected, taking into consideration our need to answer queries or resolve problems, provide improved and new services, and comply with legal requirements.

When the personal information that we collect is no longer required or is not required to be retained by law, we destroy, delete or permanently anonymise it (except for any personal information located on an off-site server or which is stored as electronic back-up data that cannot be readily accessed).

Where applicable law sets a minimum or maximum retention period, we will comply with such restriction.

13. You can access and correct personal information

If your personal information changes, or if you no longer wish to use our Platform, you may modify or remove it by logging into your Account and making the changes in your Account settings.

You may obtain confirmation from us as to whether or not we hold personal information about you. You may also request a copy of the personal information and/or request that corrections or changes are made to it. You can make such requests in relation to your personal information by contacting our Privacy Officer using the details set out below. Please quote your name and address and, if possible, provide brief details of what information you want a copy of (this helps us to more readily locate your information).

We will provide you with access to your personal information unless we are required or authorised to refuse such access by law.

In some cases, there may be a charge associated with retrieving and providing a copy of your personal information to you. If so, we will advise you of this prior to sending your information.

All such enquiries should be directed to:

Privacy Officer
SetSeed Limited
Chris Parnell
[email protected]

14. Email and other electronic communications

By using the Platform you consent to receiving communications from us or from third parties on our behalf using the contact details you have provided (including, without limitation, via direct mailing, email, SMS, telephone call, and other phone number based messaging) which promote and market our Platform from time to time.

You can opt out of those communications at any stage by contacting us using the contact details set out below at clause 15 or by utilising the "unsubscribe" facility included on all such communications. Once you have unsubscribed from these communications, we will remove you from the corresponding marketing list as soon as is reasonably practicable.

If you wish to unsubscribe from marketing material you receive from us, please contact us directly.

15. Complaints

At all times we will strive to ensure that your personal information is treated confidentially and in accordance with any applicable privacy laws. However, if you have any questions or complaints about the handling of your personal information, please contact our Privacy Officer in the first instance using the contact details set out above and we will do our best to assist.

At all times we will strive to ensure that your personal information is treated confidentially and in accordance with any applicable privacy laws. However, if you have any questions or complaints about the handling of your personal information, please contact our Privacy Officer in the first instance using the contact details set out above and we will do our best to assist.

If you are not satisfied with our response, you may refer your complaint to the applicable regulator. If you ask us, we will endeavour to provide you with information about relevant complaint avenues which may be applicable to your circumstances. We note that:

• If the New Zealand Privacy Act 2020 applies to your personal information and we are unable to resolve your concerns you have the right to make a complaint to the NZ Privacy Commissioner. For further information on making a complaint visit www.privacy.org.nz/your-rights/making-a-complaint.
• If the General Data Protection Regulation applies to your personal information, that regulation gives you the right to complain to the supervisory body in the EEA state in which you live, work, or where any alleged infringement of data protection laws has occurred. The supervisory authority in the UK is the Information Commissioner, who may be contacted online at www.ico.org.uk/concerns or alternatively by telephone on 0303 123 1113.

16. Our Privacy Policy may change

We reserve the right to amend this privacy policy from time to time by posting an updated privacy policy here on our Website. We will collect, use, hold and disclose your personal information in accordance with our most recently updated version of the privacy policy. We recommend that you regularly review this privacy policy when you visit our Website.

If you do not agree with any aspect of the updated privacy policy, you must promptly notify us and you may be required to cease using our Platform.
This privacy policy was last updated in February 2025.

17. Links to other websites

Our website may contain links to other sites or plugins that are owned or operated by third parties and which are therefore not under our control, including the websites of our third party service providers. We take no responsibility for linked websites or plugins and provide them solely for your information and convenience. Your disclosure of personal information to or in connection with third party websites and plugins is at your own risk. We encourage you to be aware when you are using third party websites or plugins and to read the privacy policy of each and every website and plugin that you visit or use.

SUPPLEMENTAL CALIFORNIA PRIVACY STATEMENT

California residents have certain rights under the California Shine the Light law and the California Consumer Privacy Act (“CCPA”).

In this Supplemental California Consumer Privacy Act Privacy Policy (“CCPA Privacy Policy”), we, SetSeed Limited, provide information about our data processing practices as required by the CCPA and supplement the disclosures in our Privacy Policy and other privacy notices. This CCPA Privacy Policy is effective and was last updated on 18th June 2025 and is addressed only to residents of the State of California.

CCPA Disclosures

• In general, within the preceding 12 months:
• We have collected the categories of personal information listed in clause 3 of our Privacy Policy.
• We have collected these categories of personal information directly from you, when you use our Platform, and from third parties for the purposes described in clause 4 of our Privacy Policy.
• We have disclosed the following categories of personal information for business purposes: Identifiers and contact information; professional and employment-related information; commercial information; transactional information; and internet and network activity information.
• We have not sold your personal information.

CCPA Privacy Rights

As of January 1, 2020, certain California residents are entitled to privacy rights under the CCPA. Customers who wish to exercise these rights should direct their requests to the customer who controls their personal information.

The right to know

You have the right to request to know (i) the specific pieces of personal information we have about you; (ii) the categories of personal information we have collected about you in the last 12 months; (iii) the categories of sources from which that personal information was collected; (iv) the categories of your personal information that we sold or disclosed in the last 12 months; (v) the categories of third parties to whom your personal information was sold or disclosed in the last 12 months; and (vi) the purpose for collecting and selling your personal information.

The right to deletion

You have the right to request that we delete the personal information that we have collected or maintain about you. We may deny your request under certain circumstances, such as if we need to comply with our legal obligations or complete a transaction for which your personal information was collected. If we deny your request for deletion, we will let you know the reason why.

The right to equal service

If you choose to exercise any of these rights, we will not discriminate against you in any way. If you exercise certain rights, understand that you may be unable to use or access certain features of our Platform.

You may exercise your right to know and your right to deletion twice a year free of charge. To exercise your right to know or your right to deletion, please contact us using the contact details set out in clause 16 of our Privacy Policy.

We will take steps to verify your identity before processing your request to know or request to delete. We will not fulfil your request unless you have provided sufficient information for us to verify you are the individual about whom we collected personal information. If you have an account with us, we will use our existing account authentication practices to verify your identity. If you do not have an account with us, we may request additional information about you to verify your identity. We will only use the personal information provided in the verification process to verify your identity or authority to make a request and to track and document request responses, unless you initially provided the information for another purpose.

Authorised Agent

You may use an authorised agent to submit a request to know or a request to delete if:

• The authorised agent is a natural person or a business entity registered with the Secretary of State of California; and
• You sign a written declaration that you authorize the authorised agent to act on your behalf.

To protect your personal information, we reserve the right to deny a request from an agent that does not submit proof that they have been authorised by you to act on their behalf.

If you provide an authorised agent with power of attorney pursuant to Probate Code sections 4000 to 4465, it may not be necessary to perform these steps and we will respond to any request from such authorized agent in accordance with the CCPA.

Shine the Light

Our California Customers are also entitled to request and obtain from us once per calendar year information about any of your personal information shared with third parties for their own direct marketing purposes, including the categories of information and the names and addresses of those businesses with which we have shared such information. To request this information please contact us using the contact details set out in clause 16 of our Privacy Policy.