Legal
Privacy Policy
Last reviewed and effective of: 27 Sept 20251. Introduction
Kokota Flannery (“we”, “us”, “our”) is committed to protecting the privacy, confidentiality, and security of personal information we hold. This policy explains how we collect, use, disclose, store, and protect personal information in compliance with New Zealand’s Privacy Act 2020 and related laws.
By using our services, engaging with us, or providing us your personal information, you agree to the practices described in this policy.
2. Definitions
Personal information / personal data means information about an identifiable individual (e.g. name, contact details, IP address, payment information)
Processing includes collection, use, storage, disclosure, deletion, etc.
Agency broadly includes businesses, organisations, and persons covered under the Act.
3. What information we collect & how
We may collect personal information that you provide directly to us, such as your name, email address, phone number, and billing or shipping address. We also collect payment and financial details when you make a purchase or pay for our services, although payment information may be processed through secure third-party providers rather than stored by us directly.
When you use our website, we may automatically collect technical information such as your IP address, browser type, device details, and cookie or analytics data. This helps us improve our services, understand how people use our site, and keep things secure.
We may also keep a record of any communications you have with us — for example, emails, messages, or calls to customer support — so we can respond to your queries and provide better service.
From time to time, you may also give us additional information voluntarily, such as feedback, survey responses, or profile details. We only collect information that is reasonably necessary for our business purposes and will let you know the reasons for collection at the time.
4. Use of information
We use personal information for the following (non-exhaustive) purposes:
Fulfilling orders, delivering products/services
Billing, invoicing, payment processing
Communication: updates, notices, marketing (only if permitted)
Customer support and troubleshooting
Analytics, research, improving user experience
Security, fraud detection, compliance with laws
Internal record keeping
We will only use personal information for those purposes (or directly related ones) for which it was collected, unless you agree or the law permits further use.
5. Disclosure & sharing of personal information
We may disclose personal information to:
Our employees, contractors, agents (for them to assist in operations)
Service providers (e.g. payment processors, hosting providers, analytics)
Legal or regulatory authorities if required by law or to respond to lawful requests
Mergers, acquisitions, or business transfers (with protections)
Other parties with your consent
Where we disclose information to third parties, we will use contractual or other safeguards to ensure they protect your information appropriately.
If personal information is transferred outside New Zealand, we will ensure similar standards of protection (e.g. appropriate contracts, binding rules) are in place.
6. Storage, security & retention
We will store personal information securely, and take reasonable steps (technical, organisational) to protect it from unauthorised access, loss, misuse, alteration or disclosure.
We will retain personal information only as long as necessary for the purposes for which it was collected, or as required by law. When we no longer need it, we will dispose of it securely.
We review our data protection practices periodically to ensure they remain appropriate.
7. Access, correction & deletion rights
Under the Privacy Act 2020, individuals have rights including:
To request access to personal information we hold about you
To request correction of personal information if it’s inaccurate, incomplete, misleading, or outdated
In certain circumstances, to request deletion or anonymisation
To make an access or correction request, please contact us (see section 9). We aim to respond within 20 working days (or otherwise as required by law). We may refuse access or correction in limited cases (e.g. where doing so would unreasonably interfere with others’ privacy, or where the request is frivolous).
If we refuse, we will provide reasons and inform you of your right to complain to the Privacy Commissioner.
8. Data breach notification
If we become aware of a notifiable privacy breach (i.e. a breach that, in the circumstances, is likely to cause serious harm to any individual), we will promptly:
Assess the risk of harm
Notify affected individuals (so far as practicable)
Notify the Privacy Commissioner
Take steps to contain and mitigate the breach and prevent recurrence
This is required by the Privacy Act 2020.
9. Contact & complaints
If you have any questions, requests, or complaints regarding your personal information or this policy, you may contact:
Kokota Flannery
📧 info@kokotaflannery.com
If you are not satisfied with our response, you may complain to the Privacy Commissioner of New Zealand.
10. Changes to this policy
We may update this privacy policy from time to time. When we do, we will post the updated version on our website and update the “effective date.” We encourage you to check back from time to time.
Terms of Service
Last reviewed and effective of: 27 Sept 20251. Acceptance of Terms
By using KokotaFlannery.com (“the Site”) or engaging with our web design and digital services (“Services”), you agree to these Terms of Service (“Terms”). If you do not accept these Terms, you must not use our Services.
2. Who We Are
KokotaFlannery.com (“we”, “our”, “us”) is a New Zealand-based business providing custom web design, website setup, ongoing support, and related creative services for individuals, small businesses, and organisations.
3. Services Provided
Our Services include, but are not limited to:
Website design, development, and setup.
Ongoing support and maintenance plans (ranging from light to priority updates).
Hosting and domain advice and setup support.
Creative digital services such as photography and videography (phone-based equipment only, not cinema-grade).
We reserve the right to update or change our Services at any time.
4. Quotes, Payments & Refunds
All pricing is in New Zealand Dollars (NZD) unless stated otherwise.
Quotes are valid for 30 days from the date issued.
Work will only begin once a deposit & payment arrangement has been confirmed.
Ongoing support and maintenance are billed on a subscription basis (monthly or anually).
Refunds are not provided once a service has been delivered, except where required under New Zealand law (Consumer Guarantees Act 1993, Fair Trading Act 1986).
5. Client Responsibilities
You agree to provide accurate, complete information and materials needed for your project (e.g. text, images, brand assets).
You confirm that all materials you provide are owned by you or that you have permission to use them.
You are responsible for reviewing drafts, providing feedback, and approving work within agreed timelines.
6. Intellectual Property
All design work created by us remains our intellectual property until full payment has been received.
Once full payment is made, ownership of the final website design is transferred to you, except for any third-party software, plugins, or licensed content which remain under their own terms.
We may showcase completed projects in our portfolio unless you request otherwise in writing.
7. Third-Party Services
Many websites rely on third-party providers such as Squarespace (for hosting, platforms, and domains) or payment gateways.
We are not responsible for downtime, service changes, or issues caused by third-party providers.
You remain responsible for any ongoing hosting, domain, or platform subscription fees.
8. Limitation of Liability
To the fullest extent permitted by New Zealand law, we exclude all liability for loss, damage, or claims arising from your use of our Services.
We are not liable for business interruption, loss of profits, data loss, or other indirect damages.
These Terms do not exclude rights guaranteed under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986.
9. Privacy & Data
We handle personal information in line with our Privacy Policy. By using our Services, you consent to that collection and use.
10. Termination
We may suspend or terminate Services if you fail to meet payment obligations or breach these Terms. You may end Services by giving notice, but fees for work already completed remain payable.
11. Changes to Terms
We may revise these Terms at any time. Updates will take effect once published on KokotaFlannery.com. Continued use of our Services after changes means you accept the new Terms.
12. Governing Law
These Terms are governed by New Zealand law. Any disputes will be resolved in New Zealand courts.
13. Contact Us
If you have any questions, you can contact:
Kokota Flannery
📧 info@kokotaflannery.com