1. KEY POINTS
Who We Are
Cultiver Goods Pty Ltd (ACN 600110129), an Australian proprietary company (together with its subsidiaries, “CULTIVER”) sells bedding, tableware, apparel, homewares online, through our own stores and our stockists. In the United Kingdom we operate through our wholly owned subsidiary, Cultiver Goods UK Limited, incorporated in England and Wales registered no.13446745, registered office is at 4th Floor, 4 Tabernacle Street, London, EC2A 4LU. Further contact details are below, see “Contact Us”.
We are committed to respecting your privacy. We aim to offer transparency around the use of your data and will only process personal information in accordance with applicable privacy laws including the General Data Protection Regulation UK 2018 and the Data Protection Act UK 2018.
2. PERSONAL INFORMATION WE COLLECT & HOW WE COLLECT IT
When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information.”
We collect Device Information using the following technologies:
- “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. Cookies enable the entity that put the cookie on your device to recognise you across different websites, services, devices and/or browsing sessions. You can disable cookies through your internet browser but our Site may not work as intended for you if you do so.
- “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
- “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site.
When you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, and payment information (including credit card numbers, debit card numbers, email address, and phone number). We refer to this information as “Order Information.”
What is personal information?
- Your name, title and contact details (email address, telephone (including mobile) number, postal address, social media handle);
- Any information you include in correspondence you send to us or in forms you submit to us at our stores or when using our site or social media pages;
- Details of your orders and purchases;
- Your marketing preferences;
- The opinions and other information you provide when responding to customer surveys product and customer reviews;
- Any personal information included in your entries to competitions that we run;
- Your identification information when exercising the rights that you have in relation to our processing of your personal information (see further ‘Your rights in relation to your personal information’ below);
- Details of any transactions between you and us;
- Voice recordings of calls you make to our customer service centre and information you give us when you contact us with a query or issue;
- Your payment card details and, in relation to certain refunds, your bank account details; and
- Information you give to us when you contact us with a query or issue.
Personal Information About Other People
We do not collect any special categories of personal information about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
Our Site services are generally not directed to children under 18. We do not knowingly collect personal information from anyone under 18 without parental consent. If you become aware that we have collected personal information from a child under the age of 18 without parental consent, please let us know so we can take appropriate action.
3. HOW WE USE YOUR PERSONAL INFORMATION
We use the Order Information that we collect generally to fulfil any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information for other purposes including to:
- Communicate with you;
- To verify your identity or your credit card or payment details
- Screen our orders for potential risk or fraud;
- Deliver and improve our product and service offerings;
- Advertise and market our products and services and products;
- To administer rewards, surveys, contests, or other promotional activities or events sponsored or managed by us or our business partners;
- To comply with our legal obligations, resolve any disputes that we may have with any of our users, and enforce our agreements with third parties; and
- When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), to enable you to access and use the Site, and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).
Using Your Personal Information for Marketing Purposes
If we have obtained your consent, we and our carefully selected business partners may also use your personal information to promote and market our services and business to you, including through electronic methods such as email or SMS.
You may withdraw your consent at any time by making a request via our contact details (as set out below), by using the opt-out facilities provided in the marketing communication (e.g., an unsubscribe link), or by using any other means for opting-out that we may provide from time to time.
4. SHARING YOUR PERSONAL INFORMATION
We only disclose your personal information outside our business in limited circumstances. If we do, we will put in place a contract that requires recipients to protect your personal information, unless we are legally required to share that information. Any contractors or recipients that work for us will be obliged to follow our instructions or terms and have a contract in place with us to protect your personal information. We do not sell your personal information to third parties. For example, we may share personal information with:
- third party suppliers and service providers (for example, our information technology and administrative providers, and/or our website operators, digital agencies);
- our professional advisers, dealers and agents;
- our internal systems used for fulfillment and inventory management;
- our payment systems operators (e.g., merchants receiving card payments);
- our existing or potential agents, business partners, investors or partners;
- our sponsors or promoters of any competition that we conduct via our services;
- anyone to whom our assets or businesses (or any part of them) are transferred;
- any other person or organisation you have authorised us to make disclosures to; and/or
- other persons, including government agencies, regulatory bodies and law enforcement agencies, or as required, authorised or permitted by law.
We share your personal information with third parties to help us use your personal information, as described above. We use Shopify to power our online store--you can read more about how Shopify uses your personal information here: https://www.shopify.com/legal/privacy. We also use Google Analytics to help us understand how our customers use the Site--you can read more about how Google uses your personal information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
Finally, we may also share your personal information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
Sharing Your Personal Information for the Purposes of Our Marketing
As described above, where you have provided consent, we use your personal information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For example, marketing communications may be via email or SMS. To assist us with that, we will share information with marketing technology service providers. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
You can opt out of targeted advertising at any of the links below:
- FACEBOOK- https://www.facebook.com/adpreferences/ad_settings/?entry_product=account_settings_menu
- GOOGLE - https://www.google.com/settings/ads/anonymous
- BING - https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads
- PINTEREST - https://help.pinterest.com/en/articles/personalized-ads-pinterest
- SMSBump - SMSBump will unsubscribe you if you reply to text messages with “STOP” or click on the unsubscribe link in the text message.
Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.
Lastly, you can opt out of direct mail services by visiting the Direct Marketing Association at: https://dmachoice.thedma.org/.
By entering your phone number in the checkout and initialising a purchase, subscribing via our subscription form or a keyword, you agree that we may send you text notifications (for your order, including abandoned cart reminders) and text marketing offers. You acknowledge that consent is not a condition for any purchase.
If you wish to unsubscribe from receiving text marketing messages and notifications reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you with in any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests will not be accounted as a reasonable means of opting out. Message and data rates may apply.
For any questions please contact us. If you wish to opt out please follow the procedures above.
5. DO NOT TRACK
Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.
6. HOW WE PROTECT PERSONAL INFORMATION
We may hold your personal information in either electronic or hard copy form. We take reasonable steps to protect your personal information from misuse, interference and loss, as well as unauthorised access, modification or disclosure. We use a number of physical, administrative, personnel and technical measures to protect your personal information in these ways. Personal information you provide to us may be stored through cloud-based systems that are hosted overseas, for example by Google or Shopify (see above for more information on how they handle personal information).
However, we cannot guarantee the security of your personal information, as no electronic data transmission or storage of information is completely secure. If an incident is reported affecting your information, we will investigate and comply with all required reporting obligations. By using our Site, you acknowledge and agree that we make no such guarantee, and that you use our Site based on that understanding.
7. THIRD PARTY WEBSITES
8. DATA RETENTION
Whenever we collect or process your personal information, we’ll only keep it for as long as is necessary for the purpose for which it was collected.
At the end of that retention period, your data will either be deleted completely or anonymised, for example by aggregation with other data so that it can be used in a non-identifiable way for statistical analysis and business planning.
10. MAKING A COMPLAINT
If you think we have breached a Privacy Law, or you wish to make a complaint about the way we have handled your personal information, please contact us using the details provided below.
Please include your name, email address and/or telephone number and clearly describe your complaint. We will acknowledge your complaint and respond to you regarding your complaint within a reasonable period of time.
If you think that we have failed to resolve the complaint satisfactorily, we will provide you with information about the further steps you can take.
11. GDPR UK - YOUR RIGHTS AND HOW WE COMPLY
Use of your personal information in Compliance with GDPR UK
We use your personal information for the purposes described in the “How We Use Your personal information” section above. Under GDPR UK, use of personal information must be based on one of a number of legal grounds and we are required to set out the grounds in respect of each use. Companies may process personal data only when the processing is permitted by the specific legal ground set out in the law.
Purposes of the data processing
To provide our products and services
For marketing purposes
To provide customer support
To comply with our legal obligations
To prevent and detect fraudulent activity
To operate and facilitate your participation in our [programs]
To conduct market, consumer and other research
To ensure website content is relevant
The principal legal grounds for our use of your personal information are as follows:
- Consent: where you have consented to our use of your information (you will have been presented with a consent form in relation to any such use and may withdraw your consent).
- Contract performance: where we are required to collect and handle your personal information in order to provide you with the services that we have contractually agreed to provide to you, e.g. where you have booked a flight with us or the use of our freight service.
- Legal obligation: where we need to use your personal information to comply with our legal obligations.
- Vital interests: where we need to process your personal information in order to protect the vital interests of you or another natural person, e.g. where you require urgent assistance.
- Public interest: where we need to process your personal information in order to carry out a task that is in the public interest.
- Legitimate interests: where we use your information to achieve a legitimate interest and our reasons for using it outweigh any prejudice to your data protection rights.
Your Rights under the GDPR UK
Under the GDPR UK you may have certain rights regarding your personal information. Depending on the circumstances those rights may include the following:
To have your information corrected if it is inaccurate and to have incomplete personal information completed
The accuracy of your information is important to us and we are working on ways to make it easier for you to review and correct the information that we hold about you. In the meantime, if you change your name or address/email address, or you discover that any of the other information we hold is inaccurate or out of date, please let us know by contacting us in any of the details described at the end of this policy.
To object to processing of your personal information
Where we rely on our legitimate interests as the lawful basis for processing your personal information for particular reasons. You may object to us using your personal information for these purposes by emailing or writing to us at the address at the end of this policy. Except for the purposes for which we are sure we can continue to process your personal information; we will temporarily stop processing your personal information in line with your objection until we have investigated the matter. If we agree that your objection is justified in accordance with your rights under data protection laws, we will permanently stop using your data for those purposes. Otherwise we will provide you with our justification as to why we need to continue using your data.
You may object to us using your personal information for direct marketing purposes and we will automatically comply with your request. If you would like to do so, please use our unsubscribe tool.
To withdraw your consent to processing your personal information
Where we rely on your consent as the lawful basis for processing your personal information, you may withdraw your consent at any time by contacting us using the details at the end of this policy. If you would like to withdraw your consent to receiving any direct marketing to which you previously opted-in, you can also do so using our unsubscribe tool. If you withdraw your consent, our use of your personal information before you withdraw is still lawful.
To restrict processing of your personal information
You may ask us to restrict the processing of your personal information in the following situations:
In these situations, we may only process your personal information whilst its processing is restricted if we have your consent or are legally permitted to do so, for example for storage purposes, to protect the rights of another individual or company or in connection with legal proceedings.
To have your personal information erased
In certain circumstances, you may ask for your personal information to be removed from our systems by emailing or writing to us at the address at the end of this policy. Unless there is a reason that the law allows us to use your personal information for longer, we will make reasonable efforts to comply with your request.
To request access to your personal information and how we process it
You have the right to ask for a copy of the information that we hold about you by emailing or writing to us at the address at the end of this policy. We may not provide you with a copy of your personal information if this concerns other individuals or we have another lawful reason to withhold that information.
To electronically move, copy or destroy your personal information in a standard, machine-readable form
Where we rely on your consent as the lawful basis for processing your personal information or need to process it in connection with a contract in place directly with you, you may ask us to provide you with a copy of that information in a structured data file. We will provide this to you electronically in a structured, commonly used and machine-readable form, such as a CSV file.
You can ask us to send your personal information directly to another service provider, and we will do so if this is technically possible. We may not provide you with a copy of your personal information if this concerns other individuals or we have another lawful reason to withhold that information.
Rights relating to automated decision making, including profiling
You may also contest a decision made about you based purely on automated processing by contacting us using the information at the bottom of this policy.
If we receive a request from you to exercise any of the above rights, we may ask you to verify your identity before acting on the request; this is to ensure that your data is protected and kept secure.
Transfers of personal information outside the UK
When we transfer personal information from inside the UK to outside the UK, we may be required by law to take specific measures to safeguard the relevant personal information. The UK may approve countries as providing essentially equivalent protections to UK data protection laws and therefore no additional safeguards are required to export personal information from the UK to these jurisdictions. In countries which have not had these approvals, we will use appropriate safeguards to protect any personal information being transferred, such as approved model contractual clauses.
Please refer to the section “Contact Us” if you would more information about these safeguards, please contact us at firstname.lastname@example.org
12. CONTACT US
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at email@example.com or by mail or telephone using the details provided below:
Cultiver Goods Pty Ltd
Attn: Privacy Manager
12 Mars Road Lane Cove
Phone: + 61 1300 016 772
CULTIVER reaches out to social media users to seek their permission to feature our favourite content on our site, social channels, and various promotional materials. You are reading this because CULTIVER has requested your permission to use your social media content in this way.
USER CONTENT LICENSE
You hereby grant to CULTIVER a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, sublicensable right to use your User Generated Content including photos, text, graphics, audio, video, location information, comments and other materials from social media sites in any manner to be determined in the Licensed Parties’ sole discretion, including but not limited to on webpages and social media pages operated by the Licensed Parties, in promotional emails and advertisements, and in any and all other marketing, promotional and advertising initiatives, and in any media now or hereafter known. The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Generated Content in any manner in their sole discretion, with no obligation to you whatsoever.
You grant the Licensed Parties the right to use your username, real name, image, likeness, descriptions of you, location or other identifying information, including but not limited to your voice, in connection with any use of your User Generated Content.
You hereby agree and represent and warrant that (i) you are solely responsible for your User Generated Content, (ii) you own all rights in and to your User Generated Content and/or have obtained appropriate rights and permissions from any and all other persons and/or entities who own, manage or otherwise claim any rights with respect to such User Generated Content, (iii) you are not a minor, (iv) the Licensed Parties’ use of your User Generated Content as described herein will not violate the rights, including but not limited to copyright, trademark, patent, trade secret, privacy, publicity, moral, proprietary or other rights, of any third party, or any law, rule or regulation, and (v) the User Generated Content is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful.
You hereby release, discharge and agree to hold the Licensed Parties, and any person acting on their behalf, harmless from any liability related in any way to the Licensed Parties’ use of your User Generated Content.
The Licensed Parties reserve the right to remove any User Generated Content from the Site and other CULTIVER publications and materials. If you believe any content, including User Generated Content residing on the Site or other CULTIVER publications or materials or displayed infringes any person’s or entity’s copyright rights please contact us promptly.