1. About this policy

Action Sports Experiences respects your privacy and is committed to protecting your personal information.

This Privacy Policy explains how Action Sports Direct Wanaka Limited, trading as Action Sports Experiences (“Action Sports Experiences”, “we”, “us” or “our”), collects, uses, stores and shares personal information when you:

• visit our website;
• make an enquiry or booking;
• participate in one of our tours or experiences;
• subscribe to our marketing;
• communicate with us; or
• otherwise interact with our business.

We handle personal information in accordance with the New Zealand Privacy Act 2020 and its Information Privacy Principles.

NZBN: 9429047709607.
Business address: 42 Anderson Road, Wanaka, 9305, New Zealand.

2. Information we may collect

Depending on how you interact with us, we may collect:

• your name, email address, telephone number and residential address;
• your date of birth or age, and height and weight information needed to assess participant eligibility;
• booking details, including your selected experience, booking date, group size and participant names;
• driver licence information, including licence class and issuing country, and confirmation that you meet our driver requirements;
• payment and transaction information;
• emergency contact information;
• information about your health, medical conditions, injuries, allergies, mobility or other requirements relevant to your safe participation;
• dietary or accessibility requirements;
• completed safety acknowledgements and liability waivers;
• communications between you and our team;
• feedback, reviews and survey responses;
• photographs, video or audio captured during an experience, where permitted;
• information supplied by a travel agent, booking platform, accommodation provider, another member of your group or another authorised third party;
• your IP address, device, browser and approximate location information;
• information about how you use our website, including pages viewed, links selected and booking activity; and
• any other information you choose to provide.

If you provide us with personal information about another person, you must have their authority to do so and must make them aware of this Privacy Policy.

3. Why we collect your information

We may collect and use personal information to:

• respond to enquiries and provide quotes;
• create, confirm, amend and manage bookings;
• process payments, refunds and credits;
• assess whether participants meet relevant age, licence, health and safety requirements;
• plan and safely deliver our tours and experiences;
• contact emergency services or an emergency contact where reasonably necessary;
• communicate important information about weather, road conditions, departure times, cancellations or changes;
• provide customer service and resolve complaints;
• maintain operational, safety and incident records;
• comply with health and safety, insurance, accounting and other legal obligations;
• detect or prevent fraud, misuse or unlawful conduct;
• improve our website, advertising, services and customer experience;
• send marketing communications where you have consented or where otherwise permitted by law;
• administer competitions, promotions or surveys; and
• protect our rights, property, staff, contractors, participants and the public.

Where information is required to complete a booking or safely provide an experience, failing to provide it may mean we cannot accept the booking or allow a person to participate.

4. Health and safety information

Some of our activities take place in outdoor and off-road environments. We may need to collect health or medical information to determine whether reasonable adjustments are required and to help us manage participant safety.

Please provide accurate and relevant information before participating. We will only use health information for legitimate operational, safety, insurance or legal purposes and will limit access to people who reasonably need it.

Providing health information does not guarantee that participation will be appropriate or permitted. Our guides may make safety decisions based on the information available and the conditions on the day.

5. Information collected from other people

We generally collect information directly from you. We may also receive information from:

• the person making a group booking;
• travel agents, resellers and online booking platforms;
• accommodation or tourism partners;
• gift voucher purchasers;
• payment providers;
• emergency services or relevant authorities; and
• publicly available sources, where appropriate.

Where required by the Privacy Act, we will take reasonable steps to notify you when personal information has been collected from another source.

6. Cookies and website analytics

Our website may use cookies and similar technologies to:

• keep the website functioning correctly;
• remember preferences;
• understand website traffic and visitor behaviour;
• measure advertising performance;
• improve our website and services; and
• deliver relevant advertising.
• Platforms include Google analytics, Google advertising, social advertising. This includes use of a pixel and Google tags for identifying audience traffic across our website. 

Where analytics or advertising providers are used, they may collect identifiers and information about your interactions with our website.

You can manage cookies through your browser settings and, where available, our website cookie controls. Blocking some cookies may affect website functionality.

7. Marketing communications

If you subscribe to our mailing list or otherwise agree to receive marketing, we may send you news, offers and information about our experiences.

You can unsubscribe at any time by:

• using the unsubscribe link in an email; or
• contacting us using the details below.

We may still send non-marketing communications relating to an active booking, payment, safety matter or customer-service request.

8. Who we may share information with

We may disclose information where reasonably necessary to:

• our employees, guides and authorised contractors;
• payment processors and financial institutions;
• website, booking, email, analytics and customer-management providers;
• travel agents, resellers and tourism partners involved in your booking;
• professional advisers, insurers and claims managers;
• emergency services, medical providers or your nominated emergency contact;
• regulators, government agencies or law-enforcement bodies where required or permitted by law;
• a prospective purchaser or adviser in connection with a proposed sale or restructuring of our business; or
• another person where you have authorised the disclosure.

We do not sell personal information.

Third-party providers may have their own privacy policies and terms. Where a booking is made through another platform, that platform’s privacy policy may also apply.

9. Overseas service providers

Some of our technology and service providers may store or process information outside New Zealand.

When personal information is disclosed to an overseas organisation, we will take reasonable steps to ensure the disclosure complies with Information Privacy Principle 12. This may include confirming that the recipient is subject to comparable privacy protections, using appropriate contractual safeguards or obtaining your informed authorisation where required.

10. Payment information

Our booking platform is Rezdy with payments processed via this platform using Stripe.

We do not ordinarily receive or store complete card details when payment is processed through a third-party payment gateway. Payment information is handled in accordance with the provider’s terms, privacy policy and security practices.

11. Photographs and video

Casual personal photography is permitted for non-drivers throughout the experience and for drivers only while they are not driving, subject to guide instructions and safe use of equipment. Drivers must not use cameras, phones or other devices while driving. Please respect the privacy of other guests.

If we capture photographs or video for operational, safety or promotional purposes, we will explain the relevant purpose and obtain any consent required before using identifiable images for marketing. You may tell us before your experience if you do not wish to appear in promotional content.

Where practical, you may withdraw consent for future use by contacting us. Withdrawal will not necessarily affect material already lawfully published, printed or distributed.

12. Storage and security

We take reasonable steps to protect personal information against loss, unauthorised access, misuse, alteration or disclosure.

These steps may include access controls, secure systems, staff procedures and appropriate arrangements with service providers. However, no internet transmission or electronic storage system can be guaranteed to be completely secure.

If a privacy breach occurs that has caused, or is likely to cause, serious harm, we will notify affected individuals and the Office of the Privacy Commissioner as required by law.

13. How long we retain information

We retain personal information only for as long as reasonably required for the purpose for which it was collected, or as required for legal, tax, health and safety, insurance or dispute-resolution purposes.

Information that is no longer required will be securely deleted, destroyed or anonymised where reasonably practicable.

14. Accessing and correcting your information

You may ask us to:

• confirm whether we hold personal information about you;
• provide access to that information; or
• correct information that is inaccurate or incomplete.

To make a request, contact our Privacy Officer using the details below. We may need to verify your identity before completing the request.

We will respond in accordance with the Privacy Act 2020. In some circumstances, the Act permits us to withhold information.

15. Children and young people

Bookings for participants under 18 must be made or authorised by a parent or legal guardian.

Where we collect information about a child or young person, it should be provided by, or with the knowledge of, their parent or guardian unless another lawful basis applies.

16. External websites

Our website may contain links to third-party websites. We are not responsible for the privacy, security or content of those websites. You should review their privacy policies before providing personal information.

17. Changes to this policy

We may update this Privacy Policy periodically. The updated version will be posted on our website with a revised “last updated” date.

Material changes will apply from the date the updated policy is published, unless otherwise stated.

18. Contact us

For privacy questions, access or correction requests, or complaints, contact:

Privacy Officer: Jason Buckley, Co-Owner/Director
Action Sports Experiences
Legal entity: Action Sports Direct Wanaka Limited
NZBN: 9429047709607
Address: 42 Anderson Road, Wanaka, 9305, New Zealand
Email: jason@asdwanaka.nz

If you are not satisfied with our response, you may contact the Office of the Privacy Commissioner