Privacy Policy

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.

We are committed to respecting your privacy. This Privacy Policy describes how your Personal Information is collected, used, and shared when you visit or make a purchase from www.cutiver.com.au (the “Site”) or interact with us from outside of the Site, for instance by visiting CULTIVER owned stores, by emailing us, through our social media, calling us or obtaining our emails, newsletters or other material. The Privacy Policy also applies to interactions with our contractors, suppliers and employees.

This Privacy Policy sets out the steps we take to protect your privacy and personal information. For customers in the United States and Canada, please refer to the Privacy Policy on cultiver.com.

By providing Personal Information to us, you consent to our collection, use and disclosure of your Personal Information in accordance with this Privacy Policy and any other agreements between us.

All references to 'us', 'we' or 'our' in this Privacy Policy are references to CULTIVER. All references to ‘you’ or ‘your’ in this Privacy Policy are references to any individual who accesses Site or enter and or make a purchase in our CULTIVER owned stores.

We may change our Privacy Policy from time to time by publishing changes to it on our website. You should check our Site periodically to ensure that you are aware of our current Privacy Policy. The information in this Privacy Policy applies to our customers at www.cultiver.com.au in Australia and other countries except North America. Our North American customers can find the relevant Privacy Policy at www.cultiver.com.

    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. 

      We may also use cookies to enable us to collect data that may include personal information. We will handle any personal information collected by cookies in the same way that we handle all other personal information as described in this Privacy Policy, or as otherwise required by Privacy Law
    • “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.

    When we talk about “personal Information” in this Privacy Policy, we are talking about Device Information, Order Information, images captured by CCTV in our stores and any other information you provide to us in your communications and interactions with us.

    If you provide us with personal information about someone else, you must ensure that you are authorized to disclose that information to us, and that we may collect, use and disclose it for the purposes described in this Privacy Policy. This means that you must take reasonable steps to ensure the individual concerned is aware of and/or consents to the various matters detailed in this Privacy Policy.

      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

      We may disclose your Personal Information for the purposes described in this privacy policy, or as otherwise authorised or required by law, to:

      • our employees and contractors and related bodies corporate. However, our employees and contractors must agree to adhere to this Privacy Policy. They are only permitted to access and use personal information necessary to perform their job-related functions and are not permitted to disclose this information to others;
      • 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: 

      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.

      SENSITIVE DATA

      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.

      CHILDREN

      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. 

      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

      Our Site may contain links to websites operated by third parties. Unless expressly stated otherwise, we are not responsible for the privacy practices of, or any content on, those linked websites, or any third-party website or service recommended or referred to on our Site or by our staff; and have no control over or rights in those linked websites. Any privacy policies that apply to those other websites or services may differ substantially from our Privacy Policy, so we encourage individuals to read them before using those websites.

      DATA RETENTION

      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.

      CHANGES

      We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal, or regulatory reasons. You should check our Site periodically to ensure that you are aware of our current Privacy Policy.

      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.

      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 privacy@cultiver.com or by mail or telephone using the details provided below:

      Cultiver Goods Pty Ltd
      Attn: Privacy Manager
      Unit 10
      6-8 Herbert St Leonards 
      NSW 2065
      Australia
      Phone: 1300 016 772

      USER GENERATED CONTENT TERMS OF USE

      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.

      If you choose to allow us to use your social media content (“User Generated Content”) by replying with the hashtag #Sharecultiver, you agree to these Terms of Use.

      CULTIVER reserves the right to alter these Terms of Use without advance notice by posting a revised Terms of Use. Accordingly, you should review the Terms of Use each time you grant permission or authorization to feature your User Content.

      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 User Generated Content that you submit is deemed non-confidential and the Licensed Parties have no obligation to maintain the confidentiality of any information, in whatever form, contained in any submission, except pursuant to the Licensed Parties’ respective privacy policies. By using this Site, you are consenting to the Licensed Parties’ collection of any Personal Information you provide for the Licensed Parties’ use and disclosure in connection with the use of your User Generated Content as described herein. By using the Site or otherwise providing the Licensed Parties with Personal Information, you agree to the foregoing collection, use, disclosure, transfer and processing of your information in accordance with the terms of these Terms, the Privacy Policy and applicable data protection laws and regulations.

      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.