Privacy Policy

SquareKicker Limited (we, us or our) is committed to protecting your personal information.  

This Privacy Policy sets out how we handle your personal information that we may collect when you use the SquareKicker services (the Services) or our website, squarekicker.com, and any related websites or applications operated by us, (the Website).

This policy was drafted with brevity in mind.  It does not provide exhaustive details of all aspects of our collection and use of personal information.  We are happy to provide any additional information or explanation.  Any request for further information should be sent to hello@squarekicker.com.

Information we collect 

1. We may obtain personal information from you (Personal Information) as a result of you or another user of the Services or the Website: 

a. providing us with your name, e-mail address, company name, identification details, location details, language preferences and/or other details when an account is created or maintained for you with our Services; 

b. submitting any information when using the Services or the Website;

c. emailing or otherwise contacting us in relation to the Services or the Website; 

d. responding to any of our feedback surveys, or any other invitations we extend to you to participate in our user research activities or beta trials;

e. purchasing products or services from us, in which case we collect information including your name, contact details, and limited credit card information as described below;

f. interacting with one of our staff members or business partners, during phone calls, chat portals or other communications, or in person, in which case we collect any information you share with the relevant person at the time; or

g. otherwise providing any information to us.

2. Personal Information we collect directly from you (including Automatic Information as defined below) is collected for the purposes of customer identification, subscription authentication, internal marketing, billing you and collecting money that you owe us and (where applicable) determining any commissions earned by you through the Website in accordance with the Terms of Use and arranging for that commission to be paid to you (in each case, including authorizing and processing credit and debit card transactions), responding to communications from you, developing our products and services, providing the Website and Services to you or to a business that you work in, and otherwise for the uses described below in this Privacy Policy. 

3. If you submit any personal information to us that relates to another individual, you must ensure that you have all necessary consents from that individual to allow us to use that information in accordance with this Privacy Policy.

4. We may also automatically collect, or use third party service providers to collect, certain information about you in relation to your use of the Services or the Website which is, or may be, considered personal information under applicable law (Automatic Information)  For the purposes of this Privacy Policy, Personal Information includes Automatic Information to the extent it is considered personal information under applicable law. This may include:

a. information about your use of the Services or the Website, including the time you use or visit the Services or the Website, the location and time zone from which you use or visit the Services or the Website, how long you use or visit the Services or the Website for, what pages you view within the Services or the Website and what other websites you visit before and after; 

b. information about the actions that you take within the Services; 

c. information about your performance of your obligations under the Terms; and

d. information about the device you use to access the Services or the Website, including your IP address and information about your mobile device (if you use a mobile device).

Some of this data is collected through third party tools and/or use of cookies, web beacons and similar storage technologies.  Please refer to our cookie policy below for further information, including information on how you can disable these technologies.

5. You consent to us collecting the following information about you and your website directly from Squarespace:

a. First and last name. This information is collected for customer identification purposes. 

b. Email address and Squarespace domain name. This information is collected so we can authenticate your subscription to the Services. 

c. Website title. This information is used as an identifier for you within the Services. 

d. Configuration data and content data. We collect this data for the purpose of listing, selling, delivering templates, restoring websites if there is an installation error, or uninstalling templates.

6. If you choose to log in with, or link to your account on, a third party website or service, the third party site or service will have access to certain information from your account.  These third party sites and services have their own privacy policies, and you may be giving them permission to use your data in ways we would not.  We suggest you review the privacy policy for any third party site or service before using or allowing access to your account.

7. We may request permission to collect additional information or data from or about you at any time (for example, about your use of a beta product as part of a trial), and you may consent to that collection in accordance with the terms that we present. 

8. Some of the personal information that we collect directly from you may be mandatory and some may be optional.  While you do not have to provide us with some of the information that we may request, this might mean that our products and services may not perform as well as they should, or that we may not be able to provide some parts of the website or all of our products or services to you.  If you require further information about the consequences of not providing us with any personal information, please contact us at hello@squarekicker.com.

9. All payments are processed independently by our third party payment provider, Stripe. We use Stripe for payments, analytics, and other business services.  Stripe collects and processes personal data, including via cookies and similar technologies.  The personal data Stripe collects may include transactional data and identifying information about devices that connect to its services. Stripe uses this information to operate and improve the services it provides to us, including for fraud detection, loss prevention, authentication, and analytics related to the performance of its services.  You can learn more about Stripe and its processing activities, and read its privacy policy, at https://stripe.com/privacy.

10. We do not collect or process your payment information, and are not responsible for any such collection or processing. You should make sure you are comfortable with the terms on which Stripe or any replacement third party payment providers collect and process your personal or other information. You consent to us collecting certain information from our third party payment provider for internal security assurance purposes, including your name, the last four digits of your card number, the expiration date of your card and your billing address. 

Children

11. We do not intend to collect personal information from or about children aged under 16.  If you have reason to believe that we have collected personal information from or about a child under the age of 16, please contact us at hello@squarekicker.com.

Sensitive information

12. We do not intend to collect sensitive or special categories of personal information, including personal information of the following kind: genetic, biometric and health data (for the purpose of uniquely identifying a natural person), personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs or trade union membership, or data concerning a person’s sex life or sexual orientation (Sensitive Information).  If you have reason to believe that we have collected Sensitive Information from or about you, please contact us at hello@squarekicker.com

Use of Personal Information and Automatic Information

13. We may use your Personal Information and Automatic Information to: 

a. manage, monitor and develop the Services and the Website, including managing the users of the Services to ensure that the Services are reliable and to customize your experience with the Services and the Website, and billing and collecting money that users owe us, including authorizing and processing credit card transactions;

b. contact you about the Services or the Website and respond to communications from you;

c. provide the Services to you and other users of the Services;

d. send you promotions or special offers from us, or any of our partners or customers, that we think you may be interested in, including using third party service providers to do so;

e. conduct research and statistical analysis [(on an anonymised basis);

f. track your engagement with us, as described in further detail in our cookie policy below. This includes tracking your engagement with our website and marketing materials (including newsletters and articles) for determining the effectiveness of our marketing campaigns;

g. list you as the designer of any website template you make available through our templates marketplace in accordance with the Terms, and arrange for any commission earned by you as a designer to be paid to you;

h. protect and/or enforce our legal rights and interests, including defending any claim;

i. respond to lawful requests by public authorities, including to comply with law enforcement requirements; and

j. do anything otherwise authorized by you or required or permitted by law.

Disclosure

14. We will not share your Personal Information with third parties except:

a. as required as part of the Services, including to connect your website to SquareKicker using Squarespace site ID, Squarespace OAuth access tokens and other tools;

b. to the extent necessary for those third parties to provide services to us in connection with the Services, the Website or to operate our business, including customer relationship management services, direct marketing services, and marketing and remarketing services, any business that we use for client and support services, or to develop software or process payments, third parties that we use for anonymised statistical information, and our professional advisers (e.g. accountants, lawyers, auditors and other professional advisers); 

c. as necessary to ensure the enforcement of any applicable laws, including providing information to law enforcement in connection with the investigation of any crime and any other person who can require us to supply your Personal Information;

d. any person where we believe in good faith that disclosure is necessary to (i) satisfy our legal obligations; (ii) detect, prevent or otherwise address fraud, security or technical issues in connection with our products and services; or (iii) protect against imminent harm to the rights, property or safety of us, our users, or the public at large, as required or permitted by law;

e. any person with your consent; 

f. any person in the case of a sale, merger, consolidation, liquidation, reorganization or acquisition; and

g. as otherwise expressly permitted under this Privacy Policy or in the Terms of Use, or authorized by applicable law. 

15. Except as described in this Privacy Policy, we will not disclose or use your Personal Information without your permission, unless required or permitted by law.

International transfers of Personal Information 

16. We may use third parties that may be located outside New Zealand (where we are based) and may be located outside the country where you are located in relation to the management and operation (including support) of the Website and our Services, and you therefore consent to your Personal Information being sent overseas if required. 

17. Currently we store Personal Information in New Zealand and the United States of America.  Third parties with whom we share your Personal Information are also based overseas.  

18. We will securely store your data using third party storage services. The storage services we use to store Personal Information are currently located in the United States of America. 

19. If you are located in New Zealand, the disclosure of your personal information to a country outside New Zealand may take place where permitted under the New Zealand Privacy Act 2020, as amended from time to time (NZPA), including where (i) we believe on reasonable grounds that the recipient is subject to privacy laws that, overall, provide comparable safeguards to those in the NZPA; (ii) we believe on reasonable grounds that the recipient is subject to privacy laws of a country prescribed under the NZPA; or (iii) we otherwise believe on reasonable grounds that the recipient is required to protect the information in a way that, overall, provides comparable safeguards to those in the NZPA (for example, under an agreement entered into between us and the recipient).

20. If you are located in the European Union (EU), your personal information may be transferred outside of the European Economic Area (EEA).  Under the GDPR, the transfer of personal information to a country outside the EEA may take place where the European Commission has decided that the country ensures an adequate level of protection.  In the absence of an adequacy decision, we may transfer personal information if other appropriate safeguards are in place.

21. If you are located in the United Kingdom (UK) your personal information may be transferred outside of the UK.  Under the UK Data Protection Laws (as defined below), the transfer of personal information to a country outside the UK may take place where the UK government has decided that the country ensures an adequate level of protection.  In the absence of an adequacy decision, we may transfer personal information if other appropriate safeguards are in place.

22. Where we transfer personal information outside the EEA or UK (as the case may be), it will only be transferred to countries that have been identified as providing adequate protection for EU/UK data, or to a third party where approved transfer mechanisms are in place to protect your personal information (e.g. by entering into  Standard Contractual Clauses for the purposes of the GDPR (as defined below), and either an international data transfer agreement, or an international data transfer addendum to the EU Standard Contractual Clauses, for the purposes of the UK Data Protection Laws).  For further information, please contact us at hello@squarekicker.com.

23. Some of the personal information we collect is processed in New Zealand.  New Zealand is recognised by the European Commission and the UK adequacy regulations as a country that has an adequate level of data protection and we rely on this decision in transferring personal information to New Zealand.

Storage and protection of Personal Information and Automatic Information

24. We may store your Personal Information and Automatic Information on computer systems operated by third parties. We will take reasonable precautions against unauthorized access and disclosure by those third parties. Any such storage will be in accordance with relevant third party terms. 

25. As required by applicable law, we will take steps to keep your personal information safe from loss, unauthorized activity, or other misuse.  We implement appropriate technical and organizational measures to ensure a level of security appropriate to the risks inherent in processing personal information.

26. If you would like further information on those measures, please contact us at hello@squarekicker.com.

27. You play an important role in keeping your personal information secure by maintaining the confidentiality of any password and accounts used in relation to our products and services.  You should not disclose your password to third parties.  Please notify us immediately if there is any unauthorized use of your account or any other breach of security.

Personal Information belongs to you

28. Your Personal Information and other data remains yours.

29. We take reasonable precautions to make sure that we keep your Personal Information secure. However, because the internet is an open network, we cannot warrant or guarantee that your Personal Information is safe from unauthorized access or use.

30. Where you have authorized us to disclose your Personal Information to a third party, their use and maintenance of your Personal Information is outside our control and to the maximum extent permitted by law, we accept no responsibility or liability for such third party use.

31. You may request access to your Personal Information that is held by us and we may delete it or correct it if you ask us to.  

Your rights

32. The rights that you have in relation to your Personal Information and Automatic Information will differ depending on the law or laws that apply to you. We will comply with all applicable laws in relation to your Personal Information and Automatic Information. 

33. Subject to certain grounds for refusal under applicable privacy laws, all users may request access to your Personal Information that is held by us and we may delete it or correct it if you ask us to. Before you exercise these rights, we may require evidence to confirm that you are the individual to whom the personal information relates.

34. Where you request a correction, if we think the correction is reasonable and we are reasonably able to change your personal information, we will make the correction.  In all other cases, we will take reasonable steps to make a note of the personal information that was the subject of your correction request.

35. If you want to exercise either of the above rights, email us at hello@squarekicker.com.  Your email should provide evidence of who you are and set out the details of your request (e.g. the personal information to be corrected and the correction that you are requesting).

36. Subject to applicable law, we may charge you our reasonable costs of providing you copies of your personal information or correcting that information.  

37. In addition to the rights described above, if the General Data Protection Regulation 2016/679 of the European Union (GDPR), or the UK Data Protection Act 2018 and the UK GDPR as that term is defined in that Act (together, UK Data Protection Laws), applies to you, then you have the additional rights set out in the EU and UK Additional Terms section of this privacy policy below.

Email communication

38. From time to time we may send you, and you agree to receive, emails and other promotions relating to services or goods offered by us and our related companies, partners and customers, including email alerts that you can set up and manage through the Services.  

39. You may opt out of receiving those emails and other promotions at any time by following the opt-out instructions provided in the relevant communication.

Internet use

40. While we take reasonable steps to maintain secure internet connections, if you provide us with personal information over the internet, the provision of that information is at your own risk.

Data retention policy

41. The personal information that we collect and use will not be kept longer than necessary for the purposes for which it is collected, or for the duration required for compliance with applicable law, whichever is longer.  We will keep your Personal Information and Automatic Information as long as you have access to the Services (including after your subscription ends).

Cookies

42. The Website may use cookies to collect information about you and your use of the Website.  We may use both session cookies and persistent cookies through the Website.  You may disable cookies through your web browser, but doing so may mean that you cannot use the Website or that the functionality of the Website is reduced. Please refer to our cookie policy below for further information, including information on how you can disable these technologies.

General

43. We may update this Privacy Policy from time to time.  The current version posted on the Website will apply to your use of the Website and our use of your Personal Information and Automatic Information.

44. The Website may contain links to third party websites or applications.  We are not responsible for the privacy practices or content of third party websites or applications. We suggest you review a third party websites or application’s privacy policy before you provide personal information to that website or application, or its owner.

Contacting us about privacy

45. If you wish to contact us about your privacy, including requesting corrections to your Personal Information or exercising your other rights under applicable law, you can contact us at: 

a. Email: hello@squarekicker.com

b. Address: 2/10 Tokomaru Place, Nelson, New Zealand.  

EU and UK Additional Terms

These EU and UK Additional Terms set out additional details about the personal information we collect about individuals located in the EU or the UK and the rights afforded to them under the GDPR and/or UK Data Protection Laws.

LAWFUL BASIS FOR PROCESSING PERSONAL INFORMATION

Our lawful basis for processing (as that term is defined in the GDPR and UK Data Protection Laws) personal information that we collect, use and disclose depends on the personal information collected and the context in which we collect it.  

Generally, we collect personal information from you where we have your consent, where processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract, or where processing is necessary for the purposes of our legitimate interests (except where such interests are overridden by your interests or fundamental rights and freedoms).  

Where we process personal information based on your consent, you may withdraw your consent at any time.  Withdrawal of your consent will not affect the lawfulness of the processing of your personal information before that withdrawal.

Despite the above, we may process your personal information where such processing is necessary for compliance with applicable laws. 

If you have any question about the legal basis on which we process personal information or need further information, please contact us at hello@squarekicker.com.

YOUR RIGHTS UNDER THE GDPR AND UK DATA PROTECTION LAWS

If you are located in the EU or the United Kingdom, your rights in relation to your personal information include:

  • right of access - if you ask us, we will confirm whether we are processing your personal information and will provide you with a copy of that personal information

  • right to rectification - if the personal information we hold about you is inaccurate or incomplete, you have the right to have it rectified or completed.  We will take reasonable steps to ensure inaccurate personal information is rectified.  If we have shared your personal information with any third party, we will tell them about the rectification where possible

  • right to erasure – when your personal information is no longer needed for the purposes for which you provided it, we will delete it.  You may request that we delete your personal information and we will do so if deletion does not contravene any applicable law.  If we have shared your personal data with any third party, we will take reasonable steps to inform those third parties that they must delete your personal information

  • right to withdraw consent - if the basis of our processing of your personal information is consent, you can withdraw that consent at any time 

  • right to restrict processing - you may request that we restrict or block the processing of your personal information in certain circumstances.  If we have shared your personal information with any third party, we will tell them about this request where possible 

  • right to object to processing - you may request that we stop processing your personal information at any time and we will do so to the extent required by the GDPR and/or UK Data Protection Laws (as applicable)

  • rights related to automated decision-making, including profiling - you have the right to not be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you, except where such automated decision-making is necessary for entering into, or the performance of, a contract with you, is authorized by applicable laws or is based on your explicit consent.  We do not undertake automated individual decision-making.

  • right to data portability - you may obtain your personal information from us that you have consented to give us or that is necessary to perform a contract with you.  We will provide this personal information in a commonly used, machine-readable and interoperable format to enable data portability to another data controller.  Where technically feasible, and at your request, we will transmit your personal information directly to another data controller 

  • the right to complain to a supervisory authority - you can report any concern you have about our privacy practices to your local data protection authority.

Where personal information is processed for the purposes of direct marketing, you have the right to object to such processing, including profiling related to direct marketing. 

If you would like to exercise any of your above rights, please contact us at hello@squarekicker.com.  If you are not satisfied by the way we deal with your query, you may refer your query to your local data protection authority.

Cookie Policy

INTRODUCTION 

We use cookies on our website and as part of our related services and products, and receive information collected through cookies.  This cookie policy explains how we use cookies and how you can opt out of cookies.  

To the extent permitted by applicable privacy laws, by continuing to use our website and related services and products, you indicate your agreement for us to use the cookies described below. 

We use the term cookies in this cookie policy to mean cookies or similar technologies such as web beacons, clear GIFs, and pixel tags. 

WHAT ARE COOKIES 

Cookies are text files containing small amounts of information which are downloaded to your browsing device, e.g. a computer or smartphone, when you visit a website.  Cookies can be recognised by the website that downloaded them, or by other websites that use the same cookies.  This helps a website know if the browsing device has visited that or other websites before.  

Cookies can be used to collect information relating to your use of a website or your device, let you navigate between pages effectively, help to remember your preferences and generally improve your browsing experience.  Cookies can also help ensure advertising you see online is more relevant to you and your interests. 

Cookies can be session or persistent cookies.  Session cookies are temporary and only stay on your browser until you stop browsing.  Persistent cookies stay on your device until they expire or are deleted. 

The cookies used on our website may be first party cookies (i.e. set by us) or third party cookies (i.e. cookies set on our website by a person other than us).  The third party companies that place cookies on our website will have their own privacy policies. 

WHAT TYPES OF COOKIES DO WE USE 

The types of cookies used by us, and most websites, can generally be categorized as follows.

Strictly necessary cookies 

These cookies are essential for the full functionality of our website and related services and products.  They enable you to navigate around our website and services and products, and use their features e.g. accessing secure areas and enabling services and products that you have asked to receive.  If you opt out of these cookies, you may not be able to access all the functions of our website, and some services and products, that you have asked to receive.  

These cookies do not track where else you have been on the internet and do not remember your preferences beyond your current visit.  These cookies are generally first party session cookies which will expire when you close your browsing session.  These cookies do not collect information that could be used for marketing purposes.

Functionality cookies

These cookies allow a website to remember choices you make and provide enhanced, more personal features.  E.g. these cookies allow us to remember the settings you have applied to the website (such as font size, preferences or colors), identify whether you are a returning website visitor and present you with a personalized version of the website, or eliminate the need for you to re-enter your login details.  The information these cookies collect is generally anonymous and they do not track your browsing activity on other websites.  These cookies may be first or third party, session or persistent cookies.

Performance cookies 

These cookies collect information about how you use a website, e.g. which pages are the most visited and if you receive any error message from any page.  This information helps us improve the way our website and related services and products work and helps us manage the performance and design of the website and services and products.  These cookies do not gather information that identifies you.  All of the information these cookies collect is aggregated and anonymous.  These cookies may be first or third party, session or persistent cookies.

GOOGLE COOKIES

We use Google Analytics to collect information about visitors to our website.  Google Analytics collects information related to your device, browser, IP address, network location, and website activities to measure and report statistics about your interactions on our website.  We use this information to help us manage the performance and design of our website and to improve our website.

We use Google Analytics Advertising Features, including Remarketing with Analytics, Demographic and Interests reporting in Analytics, Campaign Manager integration (formerly known as DoubleClick), Display & Video 360 integration, Google Display Network (GDN) Impression Reporting and Segments.  We also use Google Ads.

For further information on how Google uses your personal information when you use our website and how to opt out of Google’s use of cookies, see here.  In addition to the process described in this link, you can opt out using the process described below.

HOW TO CONTROL OR OPT OUT OF COOKIES AND TARGETED ADVERTISING

You can control and/or delete cookies as you wish.  You can delete all cookies that are already on your computer and you can set most browsers to prevent them from being placed.  However, if you do this, you may have to manually adjust some preferences every time you visit our website and attempt to use our services and products, you may not be able to access certain parts of our website or services and products, and some functionalities may not work.  

You can find out more information about how to change your browser cookie settings at www.aboutcookies.org.uk.  

To learn more about how to control cookie settings through your browser:

  • click here to learn more about the Private Browsing setting and managing cookie settings in Firefox

  • click here to learn more about Incognito and managing cookie settings in Chrome

  • click here to learn more about InPrivate and managing cookie settings in Internet Explorer

  • click here to learn more about Private Browsing and managing cookie settings in Safari.

You may opt out of targeted advertising at http://www.youronlinechoices.eu/.  You can learn more about interest-based advertising and opt out of interest-based advertising from participating online advertising companies at the following links.

Please note that opting out of interest-based advertising does not mean you will no longer be served advertising.  You will continue to receive generic ads.

THIRD PARTY WEBSITE COOKIES

If you follow a link on our website to another website, the owner of that website will have its own cookies.  We suggest you review that website’s cookie policy before you visit that website.


Last updated April 2024