Privacy Policy

Nina Smith Privacy Policy.

Last updated: 25/01/2024

This Privacy Policy describes how Nina Smith (the “Site”, “we”, “us”, or “our”) collects, uses,
and discloses your personal information when you visit, use our services, or make a
purchase from www.ninasmith.com.au (the “Site”) or otherwise communicate with us
(collectively, the “Services”). For purposes of this Privacy Policy, “you” and “your” means you
as the user of the Services, whether you are a customer, website visitor, or another
individual whose information we have collected according to this Privacy Policy.

Please read this Privacy Policy carefully. By using and accessing any of the Services, you
agree to the collection, use, and disclosure of your information as described in this Privacy
Policy. If you do not agree to this Privacy Policy, please do not use or access any of the
Services.

Changes to This Privacy Policy

We may update this Privacy Policy from time to time, including to reflect changes to our
practices or for other operational, legal, or regulatory reasons. We will post the revised
Privacy Policy on the Site, update the “Last updated” date and take any other steps required
by applicable law.

How We Collect and Use Your Personal Infomation

To provide the services, we collect and have collected over the past 12 months personal
information about you from a variety of sources, as set out below. The information that we
collect and use varies depending on how you interact with us.
In addition to the specific uses set out below, we may use the information we collect about
you to communicate with you, provide the Services, comply with any applicable legal
obligations, enforce any applicable terms of service and protect or defend the Services, our
rights, and the rights of our users or others.

What Personal InformaGon We Collect

The types of personal information we obtain about you depend on how you interact with
our Site and use our Services. When we use the term “personal information”, we refer to
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.

Information We Collect Directly from You

Information that you directly submit to us through our Services may include:

Basic contact details, including your name, address, phone number, and email.
Order information, including your name, billing address, shipping address, payment
confirmation, email address, and phone number.
Account information, including your username, password, and security questions.
Shopping information, including the items you view, put in your cart or add to your wishlist.
Customer support information, including the information you choose to include in
communications with us, for example, when sending a message through the Services.
Some features of the Services may require you to directly provide us with certain
information about yourself. You may elect not to provide this information, but doing so may
prevent you from using or accessing these features.

Information We Collect Through Cookies

We also automatically collect certain information about your interaction with the Services
(“Usage Data”). To do this, we may use cookies, pixels and similar technologies (“Cookies”).
Usage Data may include information about how you access and use our Site and your
account, including device information, browser information, information about your
network connection, your IP address and other information regarding your interaction with
the Services.

Information We Obtain from Third Pages

Finally, we may obtain information about you from third pages, including from vendors and
service providers who may collect information on our behalf, such as:

Companies who support our Site and Services, such as Shopify.
Our payment processors, who collect payment information (e.g., bank account, credit or
debit card information, billing address) to process your payment to fulfill your
orders and provide you with products or services you have requested, in order to perform
our contract with you.
When you visit our Site, open or click on emails we send you, or interact with our Services
or advertisements, we, or third pages we work with, may automatically collect certain
information using online tracking technologies such as pixels, web beacons, software
developer kits, third-party libraries, and cookies.

Any information we obtain from third pages will be treated in accordance with this Privacy
Policy. We are not responsible or liable for the accuracy of the information provided to us by
third pages and are not responsible for any third party’s policies or practices. For more
information, see the section below, Third Party Websites and Links.

How We Use Your Personal Information

Providing Products and Services. We use your personal information to provide you with the
Services in order to perform our contract with you, including to process your payments,
fulfill your orders, to send noGficaGons to you related to your account, purchases, returns,
exchanges or other transactions, to create, maintain and otherwise manage your account, to
arrange for shipping, facilitate any returns and exchanges and to enable you to post reviews.
Marketing and Advertising. We use your personal information for marketing and
promotional purposes, such as sending marketing, advertising and promotional
communications by email, text message or postal mail, and to show you advertisements for
products or services. This may include using your personal information to better tailor the
Services and advertising on our Site and other websites.
Security and Fraud Prevention. We use your personal information to detect, investigate or
take action regarding possible fraudulent, illegal or malicious activity. If you choose to use
the Services and register an account, you are responsible for keeping your account
credentials safe. We highly recommend that you do not share your username, password, or
other access details with anyone else. If you believe your account has been compromised,
please contact us immediately.
Communicating with you. We use your personal information to provide you with customer
support and improve our Services. This is in our legitimate interests in order to be
responsive to you, to provide effective services to you, and to maintain our business
relationship with you.

Cookies

Like many websites, we use Cookies on our Site. For specific information about the Cookies
that we use related to powering our store. We use Cookies to power and improve our Site
and our Services (including to remember your actions and preferences), to run analytics and
to better understand user interaction with the Services (in our legitimate interests to
administer, improve and optimise the Services). We may also permit third pages and
service providers to use Cookies on our Site to better tailor the services, products and
advertising on our Site and other websites.

Most browsers automatically accept Cookies by default, but you can choose to set your
browser to remove or reject Cookies through your browser controls. Please keep in mind
that removing or blocking Cookies can negatively impact your user experience and may
cause some of the Services, including certain features and general functionality, to work
incorrectly or no longer be available. Additionally, blocking Cookies may not completely
prevent how we share information with third pages such as our advertising partners.

How We Disclose Personal Information

In certain circumstances, we may disclose your personal information to third pages for
legitimate purposes subject to this Privacy Policy. Such circumstances may include:

With vendors or other third pages who perform services on our behalf (e.g., IT
management, payment processing, data analytics, customer support, cloud storage,
fulfillment, and shipping).
With business and marketing partners to provide services and advertise to you. Our
business and marketing partners will use your information in accordance with their own
privacy notices.
When you directly request us or otherwise consent to our disclosure of certain information
to third pages, such as to ship your products or through your use of social media widgets or
login integrations, with your consent.
With our affiliates or otherwise within our corporate group, in our legitimate interests to
run a successful business.
In connection with a business transaction such as a merger or bankruptcy, to comply with
any applicable legal obligations (including responding to subpoenas, search warrants and
similar requests), to enforce any applicable terms of service, and to protect or defend the
Services, our rights, and the rights of our users or others.

We have, in the past 12 months, disclosed the following categories of personal information
and sensitive personal information (denoted by *) about users for the purposes set out
above in “How We Collect and Use Your Personal Information” and “How We Disclose
Personal Information”:

Category:

Identifiers such as basic contact details and certain order and account information
Commercial information such as order information, shopping information and customer
support information
Internet or other similar network activity, such as Usage Data

Categories of Recipients:

Vendors and third pages who perform services on our behalf (such as Internet service
providers, payment processors, fulfillment partners, customer support partners and data
analytics providers)
Business and marketing partners
Aﬃliates

We do not use or disclose sensitive personal information for the purposes of inferring
characteristics about you.
We have “sold” and “shared” (as those terms are deﬁned in applicable law) personal
information over the preceding 12 months for the purpose of engaging in advertising and
markeGng acGviGes, as follows.

Category of Personal Information

Identiﬁers such as basic contact details and certain order and account information
Commercial information such as records of products or services purchased and shopping
informaGon
Internet or other similar network activity, such as Usage Data

Categories of Recipients

Business and marketing partners

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 informaGon that you choose to make
available to others and cannot ensure that pages 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 pages.

Third-Party Websites and Links

Our Site may provide links to websites or other online platforms operated by third pages. 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 informaGon found on these sites. InformaGon you provide on public or semi-
public venues, including informaGon you share on third-party social networking platforms,
may also be viewable by other users of the Services and/or users of those third-party
platforms without limitation as to its use by us or by a third party. Our inclusion of such links
does not, by itself, imply any endorsement of the content on such platforms or of their
owners or operators, except as disclosed on the Services.

Children’s Data

The Services are not intended to be used by children, and we do not knowingly collect any
personal information about children. If you are the parent or guardian of a child who has
provided us with their personal information, you may contact us using the contact details set
out below to request that it be deleted.

As of the Eﬀective Date of this Privacy Policy, we do not have actual knowledge that we
“share” or “sell” (as those terms are deﬁned in applicable law) personal information of
individuals under 16 years of age.

Security and Retention of Your Information

Please be aware that no security measures are perfect or impenetrable, and we cannot
guarantee “perfect security.” In addition, any information you send to us may not be secure
while in transit. We recommend that you do not use unsecure channels to communicate
sensitive or conﬁdential information to us.

How long we retain your personal information depends on diﬀerent factors, such as whether
we need the information to maintain your account, to provide the Services, comply with
legal obligations, resolve disputes or enforce other applicable contracts and policies.

Your Rights and Choices

Depending on where you live, you may have some or all of the rights listed below in relation
to your personal information. However, these rights are not absolute, may apply only in
certain circumstances and, in certain cases, we may decline your request as permitted by
law.

Right to Access / Know. You may have a right to request access to personal information that
we hold about you, including details relating to the ways in which we use and share your
information.
Right to Delete. You may have a right to request that we delete personal information we
maintain about you.
Right to Correct. You may have a right to request that we correct inaccurate personal
information we maintain about you.
Right of Portability. You may have a right to receive a copy of the personal information we
hold about you and to request that we transfer it to a third party, in certain circumstances
and with certain exceptions.
Right to opt out of Sale, Sharing, or Targeted Advertising. You may have a right to direct us
not to “sell” or “share” your personal information or to opt out of the processing of your
personal information for purposes considered to be “targeted advertising”, as deﬁned in
applicable privacy laws. Please note that if you visit our Site with the Global Privacy Control
opt-out preference signal enabled, depending on where you are, we will automatically treat
this as a request to opt out of the “sale” or “sharing” of information for the device and
browser that you use to visit the Site.
Right to Limit and/or Opt out of Use and Disclosure of Sensitive Personal Information. You
may have a right to direct us to limit our use and/or disclosure of sensitive personal
information to only what is necessary to perform the Services or provide the goods
reasonably expected by an average individual.
Restriction of Processing: You may have the right to ask us to stop or restrict our processing
of personal information.
Withdrawal of Consent: Where we rely on consent to process your personal information,
you may have the right to withdraw this consent.
Appeal: You may have a right to appeal our decision if we decline to process your request.
You can do so by replying directly to our denial.
Managing Communication Preferences: We may send you promotional emails, and you
may opt out of receiving these at any time by using the unsubscribe option displayed in our
emails to you. If you opt-outs, we may still send you non-promotional emails, such as those
about your account or orders that you have made.

You may exercise any of these rights where indicated on our Site or by contacting us using
the contact details provided below.

We will not discriminate against you for exercising any of these rights. We may need to
collect information from you to verify your identity, such as your email address or account
information, before providing a substantive response to the request. In accordance with
applicable laws, you may designate an authorised agent to make requests on your behalf to
exercise your rights. Before accepting such a request from an agent, we will require that the
agent provide proof that you have authorised them to act on your behalf, and we may need
you to verify your identity directly with us. We will respond to your request in a timely
manner as required under applicable law.

Complaints

If you have complaints about how we process your personal information, please contact us
using the contact details provided below. 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 contact details set out below or lodge your complaint with your local
data protection authority.

International Users

Please note that we may transfer, store and process your personal information outside the
country you live in, including the United States. Your personal information is also processed
by staﬀ and third-party service providers and partners in these countries.

If we transfer your personal information out of Europe, we will rely on recognised transfer
mechanisms like the European Commission’s Standard Contractual Clauses or any equivalent
contracts issued by the relevant competent authority of the UK, as relevant, unless the data
transfer is to a country that has been determined to provide an adequate level of protection.

Contact

Should you have any questions about our privacy practices or this Privacy Policy, or if you
would like to exercise any of the rights available to you, please email us at
info@ninasmith.com.au.