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Privacy Policy

Privacy Policy for www.HammerYard.com

Effective Date: 01/07/2025

At Hammer Yard, creating a safe and trustworthy environment is our top priority. We aim to achieve this through the products and services we offer, along with our strong commitment to protecting your privacy.

This Privacy Policy describes how www.hammeryard.com (“we,” “us,” or “our”) collects, uses, and shares personal information of users (“you” or “your”) who visit or make purchases on our website (the “Site”). We are committed to protecting your privacy and complying with applicable data protection laws, including the New Zealand Privacy Act 2020, the General Data Protection Regulation (GDPR), and Japan’s Act on the Protection of Personal Information (APPI).

We believe trust is essential, and we want you to feel confident in how Hammer Yard handles your personal information.

This policy clearly outlines how we gather, use, share, and safeguard your personal data. Hammer Yard is about bringing together a wide range of people, and we take the responsibility of protecting your personal information very seriously. We collect and use your data to help us achieve our mission of enriching the lives of users through enjoyable online experiences.

We are guided by the following key principles when it comes to handling your information:

1.      We respect your privacy; trust and integrity are at the heart of our brand.

2.      We are committed to being clear and open about how we use your personal data, including informing you if something goes wrong.

3.      Your personal information is used in ways that enhance your experience and add value to your life.

4.      We stay away from anything that might feel intrusive or undermine your trust.

If you have any concerns or questions about this policy or your privacy in general, please don’t hesitate to get in touch with us. If you are a user in Japan, you may also contact the Personal Information Protection Commission (PPC) to learn more about your rights under the APPI.

 

1. Introduction to This Privacy Policy

1.1 Our Commitment to Protecting Your Privacy

At Hammer Yard Limited, your privacy matters to us. We are committed to safeguarding your personal information and handling it responsibly in accordance with applicable privacy laws and regulations, including:

·       The New Zealand Privacy Act 2020

·       The Act on the Protection of Personal Information (APPI) in Japan

·       The General Data Protection Regulation (GDPR) in the European Union

·       Any other relevant privacy codes and obligations applicable in jurisdictions where we operate

Children’s Privacy:

Our Site is not intended for children under the age of 18. We do not knowingly collect personal information from anyone under 18. If you become aware that a child under 18 has provided us with personal information, please contact us immediately so we can delete that information.

Contact Us:

If you have any questions about this Privacy Policy or how your personal information is handled, please contact us via our contact form, and we will route your inquiry to the appropriate department.

Specifically, for APPI Compliance (Japan):

·       Purpose Specification: We clearly state the purposes for which we collect personal information and do not use it beyond those purposes without additional consent.

·       Proper Acquisition: We obtain personal information through lawful and fair means.

·       Security Management Measures: We take appropriate technical and organisational security measures to prevent data leaks, loss, or damage.

·       Third-Party Provision: We do not provide personal information to third parties without prior consent, except where permitted by law.

·       Rights of Individuals: You have the right to request disclosure, correction, deletion, or suspension of use of your personal information under the APPI. Please contact us to exercise any of these rights.

Specifically, for GDPR Compliance:

·       Legal Bases for Processing: We process personal data under one or more lawful bases, including consent, contract performance, legal obligation, vital interests, public interest, or legitimate interests.

·       Data Transfers: Where we transfer data outside of the European Economic Area (EEA), we implement appropriate safeguards such as Standard Contractual Clauses (SCCs).

·       Data Retention: We retain personal data only for as long as necessary to fulfill the purposes for which it was collected or as required by law.

·       Data Protection Officer (DPO): If you wish to contact our DPO or exercise your GDPR rights, please submit your request via our contact form.


1.2 What This Policy Covers

This Privacy Policy outlines how we collect, use, disclose, and protect your personal information when you use any of the “Services” provided by:

·       Hammer Yard Limited, including the Hammer Yard Marketplace platform and all services offered through our website and affiliated systems.

2. The Information We Collect

We collect both personal and non-personal information to provide, maintain, and improve our Services, and to deliver meaningful and secure experiences for our users.

We are committed to collecting personal information fairly, transparently, and for clearly defined purposes, in line with privacy regulations including the Act on the Protection of Personal Information (APPI) in Japan, the New Zealand Privacy Act 2020, and the General Data Protection Regulation (GDPR) in the EU.

2.1 Information You Provide to Us Directly

We collect personal data that you voluntarily provide when using our Services. This may include:

·       Account Details: When you register, we may collect your name, username, password, email address, date of birth, demographic information, and other identifying details.

·       Profile Information: Some Services require a user profile with additional information such as your phone number, gender, and mailing or delivery address. Information such as your username, member ID, and feedback history may be publicly visible. If you upload a profile photo, it may also be displayed.

·       Applications and Forms: When you apply for specific Services (including those involving third parties), we collect the information submitted via forms. If this includes sensitive information (e.g. government-issued ID), it will be handled in accordance with applicable laws and the stated purpose of collection.

·       Listings and Content: We collect all data related to your listings—such as item descriptions, uploaded photos, usernames, and contact details. This content may contain embedded metadata (e.g., EXIF data from images, including timestamps or GPS locations).

·       Identity Verification: For certain Services, we may request copies of identification (e.g. driver’s licence or firearm licence) for security, fraud prevention, or legal compliance. We will notify you when this is required and use such data only for the stated purpose.

·       Payment Information: If you complete transactions through our platform, we collect and may process your payment details, such as credit card or bank account information. (See Section 4 for how this information is securely handled.)

·       User Communications: We may store messages you send through the platform (to us or other users). Phone calls may be recorded for fraud prevention, training, or quality assurance, in accordance with applicable laws.

·       Additional Inputs: You may also provide information through surveys, promotions, contact forms, on-site search, or interactive features.

2.2 Information We Collect Automatically

When you use our Services, we may automatically collect the following data:

·       Usage Patterns: Information about your browsing behavior, such as search terms, content viewed, and your interactions across the platform.

·       Location Data: We may collect general or precise location data using your IP address, shipping address, or GPS if enabled. Location services can be disabled or managed through your device settings.

·       Device and Technical Data: Includes browser type, device model, operating system, crash reports, access times, and referring URLs—used to improve performance and diagnose issues.

·       Cookies and Similar Technologies: We use cookies, web beacons, and similar tools (e.g. Google Analytics) to enhance usability, remember preferences, and deliver relevant ads. Some third-party plugins (e.g. Facebook “Like” buttons) may collect data according to their own privacy policies. You can adjust cookie preferences in your browser.

·       Transaction Data: Records of your purchases or sales, including timestamps, payment method, and item types. Depending on your settings, this may include visible transaction history.

2.3 Information We Receive from Other Sources

We may supplement the information you provide with data received from trusted third parties, including:

·       Connected Accounts: If you link third-party accounts (e.g. Facebook, Google), we may receive profile and account details based on the permissions you grant through that service.

·       Credit and Background Checks: Where legally permitted and applicable to the Service (e.g. for security-sensitive transactions), we may carry out checks using public registries or licensed partners. If such checks are mandatory and declined, access to the Service may be restricted.

·       External Analytics Providers: We work with analytics tools (e.g. Google Analytics) to collect anonymised or aggregated data such as device type, regional trends, or general demographics.

·       Advertising Networks: We may receive behavioral data from advertising partners to better understand your interests and improve our Services. You may opt out of interest-based advertising by adjusting your browser or ad settings.

·       Partnered Services: Some data may be shared with us through integrations or partnerships with service providers you interact with through Hammer Yard.

·       Public Sources: Where legally permissible, we may collect information from publicly accessible databases (e.g. vehicle registration details) to enable platform features like the Part Locator tool.

 3. How We Use Your Information

We use the information we collect to deliver and improve our Services, maintain a safe and trusted environment, personalise your experience, and support the Hammer Yard community. In line with the Act on the Protection of Personal Information (APPI), the Privacy Act 2020 (NZ), and the General Data Protection Regulation (GDPR), we handle personal data only for clearly defined purposes and in a lawful, fair, and transparent manner.

We may also combine your data with information from other lawful sources to enhance service delivery, understand trends, and drive innovation responsibly.

3.1 To Provide and Improve Our Services

We use your information to operate and enhance the functionality of our Services, including:

·       Service Functionality: Enabling features like messaging, payment processing, shipping, and address verification—sometimes via trusted third-party providers. For example, when you request a part, we may forward your request to local or international suppliers.

·       Personalised Experience: Tailoring your experience by:

o   Remembering login credentials

o   Recommending relevant listings and ranking search results

o   Saving your payment and shipping preferences

o   Displaying third-party advertisements based on preferences (unless you opt out)

o   Creating user profiles for specific Services where needed (we will always inform you)

·       Platform Enhancement: Using analytics and technical data to improve usability, fix issues, and enhance system performance.

·       Research & Development: Analysing user behaviour and feedback to improve existing services or design new features, while respecting data minimisation principles.

·       Staff Training: Using select communications (e.g. recorded calls or support messages) to improve staff training and service quality.

3.2 To Communicate With You

We may contact you using email, SMS, phone calls, push notifications, or on-site messaging to:

·       Confirm transactions or notify you of Service activity

·       Provide account, security, or feature updates

·       Send optional newsletters and promotional offers (you can unsubscribe at any time)

·       Deliver alerts for saved searches, watchlists, or preferences you’ve configured

3.3 To Ensure Safety, Trust, and Legal Compliance

We use your data to help maintain a secure platform, uphold trust, and comply with legal obligations under APPI, the Privacy Act 2020, and GDPR. This includes:

·       Preventing and detecting fraud, abuse, or unsafe behaviour

·       Verifying identity and validating key information, sometimes via licensed third parties

·       Monitoring suspicious activity, such as unauthorised logins or abnormal payment patterns

·       Conducting background or credit checks (with your explicit consent) via lawful public records or government agencies

·       Investigating concerns, resolving disputes, and enforcing our terms and policies

·       Supporting internal compliance audits, legal obligations, or regulatory investigations

We do not disclose your personal data to third parties without your prior consent, unless permitted or required by law.

3.4 To Support User-Generated Content and Community Engagement

We use public-facing data to enable engagement within the Hammer Yard community. This may include:

·       Public Profiles: Your username and general location may be visible to other users

·       Listings: Information you share through listings (descriptions, images, contact preferences) may appear on our site, APIs, or affiliated platforms

·       Feedback & Ratings: Ratings and reviews between users may be publicly visible

·       Community Features: Posts on forums, message boards, or comment sections may be visible to all users and should be used responsibly

3.5 For Marketing and Advertising

With your consent (where required), we may use your information to deliver relevant offers and promotions. You can manage your preferences at any time.

·       Promotions & Updates: Sending special offers, service news, or personalised recommendations through various channels

·       Targeted Advertising: Showing you relevant ads based on your interests and usage patterns (e.g. via Google Ads or similar platforms). You can opt out of personalised ads in your account or browser settings

·       Remarketing: Displaying our ads across the web after you’ve visited our platform, using third-party ad networks (e.g. Meta, Google)

·       Surveys & Contests: Running engagement campaigns, surveys, or promotional contests

·       Ad Measurement: Tracking and improving the effectiveness of marketing campaigns

3.6 To Measure and Analyse Platform Performance

We evaluate user engagement to improve performance and usability:

·       Tracking traffic and feature usage

·       Understanding user preferences and behaviour

·       Enhancing responsiveness and reducing system issues

This helps us improve our platform based on legitimate interests and user feedback.

3.7 With Your Explicit Consent

In certain cases, we may use or share your data only when you provide clear, informed consent. For example:

·       Credit card or payment data is only used to process transactions and protect against fraud

·       We never access or store your passwords

·       Some Services may have additional data-handling rules, which will be explained before use

You may withdraw your consent at any time, subject to legal and contractual obligations.

 4. Who We Share Your Information With

To operate our Services, improve functionality, or meet legal obligations, we sometimes need to share your personal information with third parties. We do so responsibly—limiting sharing to what is necessary, obtaining your consent where appropriate, and ensuring protective measures are in place in accordance with the Act on the Protection of Personal Information (APPI), the New Zealand Privacy Act 2020, and the GDPR.

4.1 With Your Consent or Instruction

We may share your information when you explicitly authorise us to do so. For example:

·       When you engage in a transaction (e.g. buying or selling on Hammer Yard), we may share your contact details (such as name, email, or phone number) with the other party to complete the transaction.

·       If you use a courier service via our platform, we provide delivery details to the relevant logistics providers.

·       When connecting with third-party tools or platforms (e.g. Google services, payment processors, or e-commerce integrations), your data may be shared based on your authorisation.

4.2 With Other Users in Specific Situations

Some of your information may be visible or shared with other users under specific, transparent circumstances:

·       Your feedback, ratings, and trading history may be visible on your public profile.

·       In the event of a formal legal or dispute resolution process, we may share your contact details or related communications after receiving appropriate documentation (e.g. a statutory declaration or court order), in line with legal requirements.

4.3 With Service Providers That Support Our Operations

We engage trusted service providers to help us run, improve, and secure our Services. These third parties may include:

·       Cloud storage and hosting services

·       Data analytics and reporting firms

·       Secure payment processors

·       Legal, audit, and compliance advisors

·       Customer service and marketing support teams

Some of these providers may be located outside New Zealand or Japan. When transferring personal information internationally, we take steps to ensure adequate protections are in place—such as data processing agreements, appropriate contractual clauses, and confirmation that the recipient follows privacy practices comparable to those required under APPI and other applicable laws.

By using our Services, you consent to such transfers, subject to safeguards outlined in this Policy.

4.4 With Third-Party Platforms and Business Partners

We may share your information with third-party platforms, tools, or business partners in specific use cases, including:

·       Payment Platforms: If you use services like PayPal, Afterpay, Stripe, Apple Pay, or Google Pay, we share only the necessary data to process payments and resolve disputes.

·       Connected Apps and APIs: If you connect external apps or developer tools to your Hammer Yard account, certain data may be shared based on the permissions you provide.

·       Advertising Partners: If you have not opted out, we may work with advertising networks (e.g. Google, Meta) to display personalised ads. You can control this through your platform preferences or ad settings.

·       Public Listings: If you use Hammer Yard’s Business Listing or similar services and choose to make your profile public, the information you provide may be visible to global users and indexed by search engines.

4.5 To Comply with Legal and Regulatory Requirements

We may disclose your personal information when required by law or when necessary to protect the rights and safety of our users or business, including:

·       Responding to valid legal requests from government authorities, law enforcement, or regulators in New Zealand, Japan, or other relevant jurisdictions

·       Complying with court orders, disputes tribunal processes, or legal investigations

·       Enforcing our terms and Buyer Protection Policy

·       Preventing fraudulent transactions or verifying identity through appropriate sources (e.g. vehicle registries or business databases)

Such disclosures are made with care and only to the extent required by applicable law.

4.6 In the Event of a Business Change

If Hammer Yard is involved in a merger, acquisition, reorganisation, or asset sale, your personal data may be transferred as part of that transaction. We will ensure that any acquiring entity continues to handle your data in accordance with this Privacy Policy and relevant laws. If changes to your rights arise from the transaction, we will notify you and provide updated terms.

4.7 In Aggregated or Anonymised Form

We may share data that has been aggregated or anonymised—so it can no longer identify you personally—for purposes such as:

·       Industry insights and usage trends

·       Research and analysis

·       Informing third-party tools (e.g. automotive databases)

Example: We might share anonymised usage trends with vehicle part manufacturers to help improve their offerings.

4.8 Through Your Interaction with External Tools

Certain features of our Services may rely on third-party integrations. When you interact with these tools, some information may be shared with or collected by those external services:

·       External Links: If you click a link that leads to a third-party site (e.g. payment services, logistics providers, or partner stores), their privacy policies apply—not ours.

·       Embedded Tools: Tools like Google Maps, Dokan, Automattic LLC, or Shippo may collect data based on their own privacy terms.

·       Search Engines: Information you make public (e.g. listings, reviews, or forum posts) may be indexed by search engines. Cached or archived versions may remain even after content is removed from our platform.

 5. How We Protect and Store Your Information

At Hammer Yard, we are committed to protecting the privacy, integrity, and availability of your personal information. We implement appropriate technical and organisational safeguards and respond responsibly to any data security incidents. If a serious data breach occurs, we will notify you and the relevant privacy authorities—including the Office of the Privacy Commissioner in New Zealand—without undue delay, in accordance with legal requirements.

5.1 Our Approach to Data Security

We adopt internationally recognised security practices to protect your information during collection, transmission, and storage. Our safeguards include:

·       Physical controls (e.g. secure server facilities)

·       Technical measures (e.g. encryption, firewall protection, intrusion detection)

·       Organisational controls (e.g. staff access restrictions, mandatory training)

·       Regular audits and monitoring of our systems

While we take reasonable precautions to safeguard your data, no system can be completely secure. We continuously assess and update our practices to reduce risks, but we cannot guarantee absolute security.

5.2 Where Your Data is Stored

Your personal information may be stored in:

·       New Zealand

·       Singapore

·       Japan

·       Other overseas locations, depending on the service providers we engage (e.g. Hostinger Web Services)

When your data is stored outside of New Zealand or Japan, we ensure that the third parties involved offer privacy protections equivalent to those required under the New Zealand Privacy Act 2020, Japan’s APPI, and applicable international standards (such as the GDPR). This may include contractual safeguards, due diligence assessments, and access controls.

By continuing to use our Services, you agree to such international transfers and storage arrangements, as permitted under applicable privacy laws.

5.3 How Long We Keep Your Information

We retain personal data only for as long as necessary to:

·       Provide, improve, and secure our Services

·       Comply with legal and regulatory obligations

·       Prevent fraud or abuse

·       Support dispute resolution and enforce our terms

Examples of retention periods include:

·       Call recordings: Retained for up to 2 years, or longer if required for fraud prevention or legal obligations

·       Expired listings: Retained for internal audit, platform integrity, and security purposes. Some content may remain indexed by search engines even after removal due to cached copies

·       Business listings: Details of closed businesses (e.g. garages, workshops, or certifiers) may remain accessible for historical or informational use

·       Vehicle report data (from services such as Vindecoder.eu, Auto.dev, VINAudit.com, VehicleDatabases.com, MarketCheck.com): Retained to comply with audit, legal, or regulatory requirements

Please note: Even after you delete data from your account, residual copies may remain temporarily in our backup systems until fully overwritten or permanently deleted.

5.4 Payment and Credit Card Security

We treat your financial information with a high level of protection and comply with industry security requirements. Specifically:

·       We follow the Payment Card Industry Data Security Standard (PCI DSS)

·       Our systems are reviewed regularly, and we undergo annual audits to maintain compliance

If you choose to store your payment details (e.g. for PayPal or Stripe), they will be:

·       Encrypted and stored securely

·       Saved only with your consent, and only for purposes such as faster checkout

You may delete your saved payment information at any time through your Hammer Yard account settings.

6. Managing Your Personal Information

We understand that your personal information and preferences may change over time. Hammer Yard provides you with accessible tools to manage, correct, or request the removal of your personal data in accordance with privacy laws, including Japan’s Act on the Protection of Personal Information (APPI), the New Zealand Privacy Act 2020, and applicable international standards.

6.1 How You Can Manage and Update Your Information

You can update or control your personal information through the following options:

·       Update Your Account Details
Sign in to your Hammer Yard account to edit key personal details such as your email address, phone number, password, or physical address.

·       Edit Your Public Profile
If you’re using buyer or seller features, you can adjust your public-facing profile settings, choosing what other users can see (e.g. location, trade history).

·       Manage Your Listings
You may update, edit, or remove your active listings directly via your dashboard, subject to applicable platform permissions.

·       Control Your Business or Service Profile
Business owners (e.g. retailers, auto repair services) can update their business profiles, listings, and contact details by signing into their business account.

·       Adjust Privacy Preferences
In your Privacy Options, you can:

o   Opt out of personalised advertising or marketing communications

o   Unsubscribe from promotional emails and newsletters

If you need support, you may also contact our support team for guidance on managing your personal data.

6.2 Requesting Access, Correction, or Deletion

In accordance with Japan’s APPI and other applicable laws, you have the right to request access to, correction of, or deletion of your personal information.

To do so, please contact us directly. We will verify your identity and process your request within a reasonable timeframe, as required by law.

Please note:

·       Even after your account is deleted, certain user-generated content (such as feedback, public comments, or transaction history) may still appear on the platform. This content may be associated with your first name, unless otherwise requested and permitted by law.

·       To permanently close your account, please contact us. Our team will provide instructions and support you through the account closure and data removal process.

 7. Changes to This Privacy Policy

Our Privacy Policy may be updated from time to time as our Services evolve or as legal requirements change. We’re committed to keeping you informed whenever meaningful updates occur.

How We’ll Notify You

·       Advance Notice
For most updates, we’ll give you at least two weeks’ notice before changes take effect. Notices will typically appear as announcements on the Hammer Yard website.

·       Urgent Changes
If changes are required immediately—for example, for legal compliance or security reasons—we may apply them with shorter notice. These situations are rare and will only occur when necessary.

·       Major Updates
For significant or impactful changes, we may contact you directly via email to ensure you’re aware of the updates.

·       Community Feedback
Occasionally, we may invite your input on proposed changes through the Hammer Yard message board or other channels. Your feedback helps shape how we handle privacy matters.

·       Stay Informed
Because this policy may change over time, we recommend checking this page periodically to stay informed about how we collect, use, and protect your data.