Whale Song Enterprises collects personal information about individual users of its services.  This policy explains how we collect, use, share and protect the information we collect about you.

For more information about your rights under the Privacy Act 2020, you should consult your lawyer or visit the website of the Privacy Commissioner.


In this privacy policy:

(a)          “our”, “we”, “us,” or “Whale Watch” means Whale Song Enterprises;

(b)          “you” means you, being the person using our services and visiting our website;

(c)           “Services” means any goods or services we provide or anything else we do for you, including, but not limited to, access to our website.

You must read this privacy policy in conjunction with our Terms and Conditions for using our services.

What information we collect about you

Our basis for controlling and processing the information you provide is your consent in submitting information to us, visiting our website, for legitimate interests of keeping our records and studying how people use our website and services or according to a contract when you order a service from us as we need such data to fulfill our contractual obligations to you.

When you visit our website, we collect and store the following information:

(a)          the IP address of the machine you use to access our website, and the domain name you use to access the internet;

(b)          your operating system, the type of internet browser you use, and any search engine used;

(c)           details about the way you browse;

(d)          any online transactions made;

(e)          the time and date of your visit;

(f)           the website pages (URLs) that you visit;

(g)           the domain name of the website you visit when you leave our website.

When you order one of our tours, you may be asked to submit information, including:

  • your name;
  • your gender;
  • your country;
  • your contact details, including phone, address, and email;
  • your credit card information; and
  • your Covid-19 (or other) vaccination status.

You can always choose not to provide your personal information to us, but it may mean that we cannot provide you with our services.

What we do with your information

The information we collect helps us measure the number of visits to our website. Amongst other things, it also helps us measure the effectiveness of aspects of our website, such as the reach of different advertising.

It also helps us supply our services to you and keep in contact with you about any tours you order from us.

We may publish collated data. However, no published information discloses specific information about any individual machines or users except as stated below.

We do not sell information that identifies you personally.

However, we may gather more detailed information if we are concerned, for example, about security issues. If necessary, we may disclose this information to the appropriate law enforcement authorities such as the Police or the Department of Internal Affairs.

Where you choose to provide us with personal information such as your contact details by, for example, filling in an order form or signing up for a newsletter, you agree that by the act of submitting that information that it may be used to communicate with you about other services we provide you with or which we think you might be interested in. This includes, but is not limited to, email marketing. You always have the right to opt-out of receiving such communications from us. By purchasing a tour ticket or signing up for a newsletter, you are confirming that using your email address for marketing or survey purposes is an authorized use of your information under the Privacy Act 2020.

All information is stored on servers in the US.  If you consent to the transfer to third-party companies that provide hosting services to us offshore and have systems in place to protect such information, and you consent to such transfers.

When you access our website, a cookie is saved on the hard drive of the device you use to access the website. A cookie is a file that allows us to track and target users’ interests. For example, this helps us provide more relevant advertising to your interest. The information collected by cookies is shared with third parties (such as our advertisers). However, the information we share is collated and consequently anonymous. We do not share personal information which is likely to identify you. However, the information we share may be used to provide you with advertisements about our products when you use our website or visit third-party websites.

Our website uses Google Analytics and Live Chat to provide chat functionality and policy.

For the best experience using our website, we recommend that you enable cookies when accessing our website. This will help you to enjoy all the features of our website. However, you have the choice about whether you want to allow cookies to be saved through your browser settings. You will need to consult the help menu of your specific web browser to control your cookie settings.

Regarding our website, you acknowledge that we are the owner of the content and intellectual property displayed on it. You agree that you will not reproduce, publish or distribute our website content without our prior written consent.

Your rights to your information

Any personal information we collect about you will be stored in a way that makes it accessible. If the information we hold about you is inaccurate or incomplete, you can ask us to correct it.

We will make your personal information available to correct, as required by the Privacy Act 2020 and other regulations. We may require you to provide proof of identity before you can correct the information we hold about you.

We will make the correction when you request to correct your information and we consider the request reasonable. If we do not consider the request reasonable, we will not correct it, but we will take reasonable steps to record that you asked for a correction.

If you want to update the personal information we hold about you, such as your contact details, you can contact us by email.

How we protect your information

We will take reasonable steps to protect your personal information from unauthorized access, loss, or misuse.

While we will take reasonable steps to protect your personal information, personal information provided by you via the internet is done so at your own risk.

We will retain your data for as long as necessary to fulfill the purposes we collected it for.  To determine how long we keep it, we consider the amount, sensitivity, and nature of the personal data and the purposes for which we collect it.  The Contact Form data collected and other contact details submitted when ordering a tour will be stored in our servers to fulfill the purposes for which it was collected.

Do not forget that if you follow a link from our website to someone else’s website, that site will have its privacy policy about how it treats the information you provide.  We make no representations about any other website that you may access via our site.

When you make purchases through our website or transfer personal information (such as logging in to your website account), ensure you can see a ‘padlock’ symbol on your web browser. This indicates a certificate of authenticity and means the website is secure. You can open the certificate for further details by double-clicking on it.

How you can opt-out

If you do not wish to receive email marketing, you can unsubscribe by following the unsubscribe link at the bottom of our emails or by contacting us by email.

If you have any difficulty unsubscribing, please contact us.

If you feel that we have used your email address without your permission and that contacting us has not satisfactorily resolved your concerns, you can lay a formal complaint by emailing us

Updates to this policy

We may change this privacy policy by changing, removing, or adding terms. Changes may mean issuing an entirely new privacy policy. Any changes will be notified by updating the policy available on our website. Any changes will be effective from when it is published on our website.

If you have any questions about our privacy policy, please contact us