Cultiver Goods USA Inc., a Delaware corporation, (together with its subsidiaries, “CULTIVER”) sells bedding, tableware, apparel, homewares online and through our stockists.
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.
Additionally, 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.”
When you make a purchase in a CULTIVER owned physical store, we may collect certain information from you, including your name, payment information (including credit card numbers, debit card numbers, email address, and phone number). We also refer to this information as “Order Information.” Also, when you enter a CULTIVER owned store, your image may be recorded by CCTV cameras operated for the security of our store, our employees and customers.
HOW DO 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, including but not limited, 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.
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 opt-out of receiving such direct marketing communications 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.
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).
We use any images recorded by CCTV in our physical stores for security purposes.
SHARING YOUR PERSONAL INFORMATION
- 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.
The disclosures described above may involve your Personal Information being sent to outside your country of residence in some contexts (for example, to any of our service providers who are located in several countries). Countries in which such third parties may reside include Australia, the United States and Canada, though this may change from time to time. We will take reasonable steps to ensure that any overseas recipients of your Personal Information will protect it from loss or unauthorised uses or disclosures.
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.
As described above, 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
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/.
TEXT AND MARKETING NOTIFICATIONS
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.
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.
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.
YOUR CONSENT AND YOUR RIGHT TO WITHDRAW CONSENT (CANADA ONLY)
You may withdraw your consent at any time, subject to legal or contractual restrictions and reasonable notice. However, without such consent, CULTIVER may limit the way it interacts with you and it may affect your ability to use our Site.
Please note that even if you opt-out of commercial communications, we may still need to contact you with important information about your account. If you have any questions about your choices or if you need any assistance with opting out, please contact us using the details provided below.
Under Canadian privacy law you have the right to request access to the personal information we have collected from you, subject to certain exceptions, and the right to rectify any personal information that you can demonstrate is inaccurate or incomplete. All requests for such information must be in writing using our contact details provided below.
OUR TRANSFER OF PERSONAL INFORMATION OUTSIDE OF CANADA (CANADA ONLY)
Personal information may be transferred to third party service providers and affiliates located outside of Canada, including in Australia and the United States. These service providers and affiliates assist us with Site, operations, marketing and business communications, and Cloud-based data storage. As a result, your personal information may be accessed by the courts and law enforcement and public authorities of such countries pursuant to local legislation. We will take reasonable steps to ensure that recipients of your personal information outside of Canada protect it from theft, loss or unauthorized use or disclosure.
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.
Personal information you provide to us may be stored through cloud-based systems that are hosted overseas.
THIRD PARTY WEBSITES
When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.
ACCESSING, CORRECTING OR ERASING YOUR PERSONAL INFORMATION
If you would like to make a request:
- to access or correct the personal information we hold about you;
- for us to erase personal information we hold about you; or
- for a copy of any personal information which you have provided us;
please contact us using the details provided below. In most circumstances, we will comply with your request. If we deny your request (or part of your request), we will tell you why. We may also need to verify your identity when you make any such request in relation to your personal information.
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.
PERSONAL INFORMATION SUBJECT TO THE GDPR
This section applies to you only if your Personal Information is subject to the General Data Protection Regulation (EU).
We collect your Personal Information in the manner described in the “Personal Information We Collect” section above.
We use your Personal Information for the purposes described in the “How We Use Your Personal Information” section above. However, use of your Personal Information will be limited (i) to entering into or fulfilling contracts with you, (ii) to the legitimate purposes described in the “How We Use Your Personal Information” that are not overridden by your rights, and (iii) to comply with our legal obligations.
If you do not disclose your Personal Information, it may prevent our ability to enter into a contract with you.
You may have certain rights regarding your Personal Information, subject to local law. These may include rights to:
- access your Personal Information;
- correct the information we hold about you;
- erase your Personal Information;
- restrict our use of your Personal Information;
- object to our use of your Personal Information;
- withdraw your consent for us to use your Personal Information, if applicable;
- receive your Personal Information in a usable electronic format and transmit it to a third party (right to data portability); and
- lodge a complaint with your local data protection authority (if applicable).
We are an Australian based company. Your Personal Information will be transferred outside of Europe, including to Australia, the United States and Canada.
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 firstname.lastname@example.org or by mail or telephone using the details provided below:
Cultiver Goods Pty Ltd
Attn: Privacy Manager
6-8 Herbert St Leonards
Phone: 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.