Privacy policy
Last updated: 25/08/2024
Nest & Bird is committed to protecting the security and privacy of your personal information (“Personal Information”). This Privacy Policy outlines how we collect, use, maintain, and disclose your Personal Information when you visit our website, nestandbird.com.au (“Website”), or engage with us with a view to purchase our products (“Products”).
We adhere to applicable laws, including the Australian Privacy Principles (“APPs”) under the Privacy Act 1988, the Australian Consumer Law (“ACL”), and the General Data Protection Regulation (“GDPR”), regardless of the user. This ensures that your privacy is respected and upheld to the highest standards of data protection.
In this Privacy Policy, the terms "we," "us," or "our" refer to Nest & Bird, while "you" and "your" refer to users of our Products, including customers and Website visitors. By accessing or using our Products , you consent to the collection, use, and disclosure of your Personal Information as described in this Privacy Policy. If you do not agree with the terms outlined herein, we kindly ask that you refrain from using our Products.
We encourage you to read this Privacy Policy thoroughly to understand how we safeguard your Personal Information.
1. Changes to This Privacy Policy
We reserve the right to periodically update this Privacy Policy to reflect changes in our practices or to comply with applicable legal, regulatory, or operational requirements. When updates are made, we will post the revised Privacy Policy on our Website and update the "Last Updated" date accordingly. We encourage users to review this Privacy Policy regularly to stay informed about how we are safeguarding your Personal Information. By using our Products, you acknowledge and agree that it is your responsibility to periodically review this Privacy Policy for any modifications.
2. Collection and Use of Your Personal Information
2.1. To deliver our Products, we collect Personal Information about you from various sources, both directly and indirectly. The information we collect and how we use it may vary depending on your interactions with us. We may use the information we collect about you for several purposes, including:
a) Providing Products and Services: To fulfil our contractual obligations, including processing payments, fulfilling orders, sending notifications related to your account or purchases, creating and managing your account, arranging shipping, and facilitating returns and exchanges;
b) Communication: To communicate with you regarding your inquiries, transactions, and other interactions with us, and to provide customer support;
c) Marketing and Advertising: To send you marketing communications via email, text message, or postal mail, and to tailor advertising on our Website and other websites to align with your interests;
d) Service Improvement and Security: To maintain and improve our services, detect and respond to potential fraudulent or malicious activity, and ensure the security of your Personal Information; and
e) Legal Compliance and Enforcement: To comply with applicable laws and regulations, enforce our terms of service, and protect the rights of our users, and others.
2.2. If we are unable to collect your Personal Information, some or all of the following may occur:
a) We may be unable to provide Products to you;
b) We may be unable to communicate with you regarding information about Products that you have procured from us or may intend to procure in the future;
c) We may be unable to tailor the content of our marketing communications to suit your preferences; and
d) Your experience when interacting with us may be delayed or not as efficient as you may expect
3. Types of Personal Information We Collect
The types of Personal Information we collect depend on how you interact with our Website and use our Products. Personal Information refers to any information that identifies, relates to, describes, or can be associated with you. The following sections describe the categories and specific types of Personal Information we collect.
3.1. Information We Collect Directly from You
When you interact with our services, you may provide us with Personal Information, including:
i Basic Contact Details: Name, address, phone number, and email address;
ii Order Information: Billing address, shipping address, payment confirmation, email address, and phone number associated with your orders;
iii Account Information: Username, password, and security questions;
iv Shopping Information: Products you view, add to your cart, or save to your wish list; and
v Customer Support Information: Information you provide when communicating with us, such as messages through our services.
3.2. Information We Collect through Cookies
a) We also automatically collect certain Personal Information about your interaction with the services ("Usage Data"). We may use cookies, web beacons, and similar technologies to collect this data. Usage Data may include:
i Device information (type, operating system, unique device identifiers);
ii Browser information (type, language, version);
iii IP address (a unique identifier assigned to your device); and
iv Interaction data (pages visited, time spent on pages, links clicked, and other actions).
b) We utilize cookies on our Website to enhance and optimize our services. Cookies allow us to remember your preferences, analyse user interactions, and improve your overall experience. Most web browsers are configured to accept cookies by default; however, you have the option to adjust your settings to remove or reject cookies. Please be aware that disabling cookies may adversely affect your user experience and limit the functionality of certain features on our Site. Additionally, blocking cookies may not entirely prevent us from sharing Personal Information with third parties, including our advertising partners.
3.3. Information We Obtain from Third Parties
a) We may obtain information about you from third parties, including vendors and service providers who collect information on our behalf. This may include:
i Service Providers: Companies that support our Website and Products, such as Shopify; and
ii Payment Processors: Entities that collect payment information (e.g., credit card details, billing address) to process your transactions.
b) When you interact with our services, we or third parties we work with may automatically collect certain information using online tracking technologies, such as pixels and web beacons. Any information we obtain from third parties will be treated in accordance with this Privacy Policy.
4. Disclosure of Personal Information
We may disclose your Personal Information to third parties for various legitimate purposes, as described in this Privacy Policy. These circumstances include:
4.1. Service Providers: We share your Personal Information with vendors and third parties that perform services on our behalf, including IT management, payment processing, data analytics, customer support, and shipping.
4.2. Business and Marketing Partners: We may share your Personal Information with business and marketing partners, including Shopify, to provide Products and facilitate personalized advertising. Our partners will use your information in accordance with their own privacy notices.
4.3. With Your Consent: We may disclose certain information to third parties when you direct or request us to do so, such as to ship Products to you or through your use of social media integrations.
4.4. Corporate Affiliates: We may share your Personal Information with our affiliates or within our corporate group to operate our business effectively.
4.5. Business Transactions: In the event of a business transaction such as a merger, acquisition, or bankruptcy, your Personal Information may be disclosed as part of that transaction. We may also disclose your information to comply with applicable legal obligations, respond to subpoenas or search warrants, enforce our terms of service, and protect the rights of our users or others.
4.6. Legal Compliance: We may disclose your Personal Information to any authorized entity if required by law, including but not limited to the Privacy Act and GDPR.
5. Data Retention Policy
We retain your Personal Information for as long as necessary to fulfill the purposes for which it was collected or as required by law. Once the purpose for collection has been fulfilled, or upon your request for deletion, your Personal Information will be deleted or anonymized, unless we are legally required to retain certain information for a longer period. We may also retain Personal Information to resolve disputes, troubleshoot problems, enforce our terms of service, or comply with legal obligations
6. Security of Your Personal Information
We take the security of your Personal Information seriously and implement industry-standard security measures to safeguard and protect your data from unauthorized access, disclosure, alteration, and destruction. Our security protocols include data encryption during transmission, access controls that limit data access to authorized personnel only, and regular security assessments to identify and address potential vulnerabilities. In the event of a security breach that compromises your rights or freedoms regarding your Personal Information, we will notify you and any relevant supervisory authority as required by law. While we strive to maintain robust security practices, it is important to acknowledge that no method of transmission or electronic storage is completely secure. Therefore, we cannot guarantee absolute security for your Personal Information. We remain committed to continually enhancing our security measures to protect your data and uphold your trust.
7. International Data Transfers
We may disclose your Personal Information to third parties and service providers located overseas in connection with any purpose, including to overseas cloud computing hosts. If you access our Products from outside Australia, please note that your information may be transferred to, stored, and processed in Australia, which may have different data protection laws than those in your jurisdiction. We take reasonable steps to ensure that overseas recipients of your Personal Information comply with applicable privacy obligations.
8. Children’s Privacy
The purchase of Products are not intended for individuals under the age of 13. We do not knowingly collect Personal Information from children under 13. If you are a parent or guardian and you are aware that your child has provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from children without verification of parental consent, we take steps to remove that information from our servers.
9. Your Privacy Rights
Depending on your location, you may have some or all of the following rights concerning your Personal Information. Please note that these rights are not absolute and may apply only under certain circumstances. In some instances, we may be permitted to decline your request in accordance with applicable law.
9.1. Right to Access / Know: You have the right to request access to the Personal Information we hold about you, including details regarding how we use and share that information.
9.2. Right to Delete: You may request that we delete the Personal Information we maintain about you.
9.3. Right to Correct: You have the right to request corrections to any inaccurate Personal Information we hold about you.
9.4. Right of Portability: You may request a copy of your Personal Information and ask us to transfer it to a third party, subject to certain circumstances and specific exceptions.
9.5. Right to Opt Out of Sale or Sharing for Targeted Advertising: You may have the right to direct us not to "sell" or "share" your Personal Information or to opt out of the processing of your Personal Information for targeted advertising purposes, as defined by applicable privacy laws. To exercise this right, please contact us using the details provided in Section 13.
9.6. Right to Limit and/or Opt Out of Use and Disclosure of Sensitive Personal Information: If we collect information classified as sensitive Personal Information under applicable privacy laws, you may have the right to request limitations on our use and/or disclosure of such information to what is necessary for providing our Products typically expected by an average individual. To exercise this right, please contact us using the details provided in Section 13.
9.7. Restriction of Processing: You may ask us to stop or restrict our processing of your Personal Information.
9.8. Withdrawal of Consent: If we rely on your consent to process your Personal Information, you may withdraw that consent at any time.
9.9. Right to Appeal: If we decline to process your request, you may have the right to appeal our decision by responding directly to our denial.
10. User-Generated Content
The services may enable you to post product reviews and other user-generated content. If you choose to submit user-generated content to any public area of the services, this content will be public and accessible by anyone. We do not control who will have access to the Personal Information that you choose to make available to others and cannot ensure that parties who have access to such information will respect your privacy or keep it secure. We are not responsible for the privacy or security of any information that you make publicly available or for the accuracy, use, or misuse of any information that you disclose or receive from third parties.
11. Third Party Websites and Links
Our Website may provide links to websites or other online platforms operated by third parties. If you follow links to Sites not affiliated or controlled by us, you should review their privacy and security policies and other terms and conditions. We do not guarantee and are not responsible for the privacy or security of such Sites, including the accuracy, completeness, or reliability of information found on these Sites. Personal Information you provide on public or semi-public venues, including information you share on third-party social networking platforms or public review Sites, is not covered by this Privacy Policy.
12. Governing Law
This Privacy Policy shall be governed by and construed in accordance with the laws of New South, Australia, without regard to its conflict of law principles. By using our Products, you consent to the exclusive jurisdiction of the courts located in New South, Wales for any disputes arising out of or related to this Privacy Policy or your use of our Products.
13. Contact Us
If you have any questions about this Privacy Policy or our privacy practices, or if you have complaints about how we process your Personal Information, please reach out to us via our Contact Us page Here.
If you are not satisfied with our response to your complaint, depending on where you live, you may have the right to appeal our decision by contacting us using the details above or lodge your complaint with your local data protection authority.