Privacy policy

Privacy Policy

Last Updated: February, 2023

SECTION 1: INTRODUCTION

This Privacy Policy applies to Odd Bird Art’s (“We, Us, and Our”) website at oddbird.art and all related webpages (the “Website, Site, Services”). We at Odd Bird Art take your privacy seriously. This policy covers the collection, storage, processing, and other uses of Personal Data and Information under the General Data Protection Regulations (“GDPR”) and the Personal Data Protection Act (“PDPA”) [Singapore]. Our compliance with the GDPR does not imply that any other law in the European Union will apply to this Privacy Policy. This Policy will be governed by the law of Singapore and not any other.
For the purposes of GDPR and PDPA, we are data collectors, and inquiries regarding the storage, processing and collection of your data should be addressed to our Data Protection Officer using the address and contacts provided at the bottom.
By using the Site, you consent to this Policy and our lawful collection of your Personal Data and Information.

SECTION 2: OUR SERVICE PROVIDER

Our store is hosted by and on Shopify Inc. (“Shopify”) web services and servers. They provide us with an online e-commerce platform that allows us to sell our products and services to you.
We may share your Personal Data and Information with service providers to help us provide our Services and fulfill our contracts to and with you. We use Shopify to power our online store. You can read more on Shopify's privacy policy here: https://www.shopify.com/legal/privacy.
By agreeing to these Terms of Service you agree that our service provider (including and not limited to Shopify) will have the permission and authority to store, process, and transfer your data.
By using our Services, you agree and acknowledge that your data processing, storage, and collection will be conducted through and using the services of our service provider(s) who may change the region, jurisdiction, or country where data is stored, collected, or processed. You are advised to consult with Shopify from time to time to know where your Personal Data and Information is stored, processed, or transferred.
If there are any changes in the manner in which the service provider stores, processes, or when data is transferred, we may inform you through email or notices. You are advised to read and familiarize yourself with Shopify Inc. Terms of Service and Data Protection Policies: https://www.shopify.com/legal/privacy

SECTION 3: THE INFORMATION WHICH IS COLLECTED

When you visit the Site, we collect certain information about your device, your interaction with the Site, and information necessary to process your purchases. We may also collect additional information if you contact us for customer support.
In this Privacy Policy, we refer to any information that can uniquely identify an individual (including the information below) as “Personal Data and/or Information”. See the list below for more information about what Personal Information we collect and why.
1. Device information
  1. Examples of Personal Information collected include the version of the web browser, IP address, time zone, cookie information, what sites or products you view, search terms, and how you interact with the Site.
  2. Purpose of collection: to load the Site accurately for you, and to perform analytics on Site usage to optimize our Site.
  3. Source of collection: Collected automatically when you access our Site using cookies, log files, web beacons, tags, or pixels.
  4. Disclosure for a business purpose: shared with our processor Shopify.
2. Order information
  1. Examples of Personal Information collected: name, billing address, shipping address, payment information (including credit card numbers, PayPal, Skrill, and other payment details which will be available on our Site or Services from time to time, email address, and phone number.
  2. Purpose of collection: to provide products or services to you to fulfill our contract, to process your payment information, arrange for shipping, and provide you with invoices and/or order confirmations, communicate with you, screen our orders for potential risk or fraud, and when in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
  3. Source of collection: collected from you.
  4. Disclosure for a business purpose: shared with our processor Shopify.
3. Customer support information
  1. We may collect customer support information such as your feedback, messages, and email which you share with us. We may also collect and record data and information from telephone conversations.
4. Personal Data
  1. We may collect personal data through our Services and Website only if it is provided to us directly by you the user i.e. your name, home or work address, email address, telephone number, etc., and hence has been provided to us by you by consent. Normally you would provide such details if you wish to sign up and create an account with us or are making a purchase from our Site. We may share the information or personal details with third parties only for purposes of fulfilling your order or shipments.
  2. We may use statistical and analytical tools from time to time to monitor information and details of your visit to our Website, your use of our Services, and the resources that you access, including and not limited to, location data, traffic data, browser, weblog, and other communication data. This information will not be used to identify you personally.
  3. We may further collect your payment information and details (including credit cards, identification, location, postal and physical address, and any other information, provided that you make any purchase or payment from our Site. The information will not be stored by us. Payments will be processed privately and securely by third-party payments’ processors that we have contracted. We may not have access to that information at any time. We may share or forward your personal data with our payment processors when required by law such as in compliance with Know-Your-Customer (KYC) law, identification requirements under the law, or for purposes of completing relevant payment processing and transactions. Such payment processors are banned from using your Personal Data, except in providing the required payment services to us, and further, are mandated to maintain the privacy and confidentiality of your payment information and personal data.

SECTION 4: MINORS

The Site is not intended for individuals under the age of 18 or aged below majority under applicable laws. We do not intentionally collect Personal Information from children. If you are the parent or guardian and believe your child has provided us with Personal Information, please contact us at the address below to request deletion.
We will not be responsible when you permit or allow, whether intentionally or recklessly, a minor to access your Account or use your username and password to access our Service or Site.

SECTION 5: USE OF YOUR INFORMATION

We may hold, store and process the Personal Data that you provide to us in accordance with the GDPR and the PDPA.
The information which we collect and store and which you provide to us relating to you is primarily used to enable us to offer our Services to you, and also meet our contractual obligations to you.
Further, we may use the information that you provide to us in the following manner and for the following purposes:
1. To notify you of any changes to our Website or Services; such as products/service changes and improvements that may affect you;
2. If you are an existing customer, we may contact you with information on services/goods similar to those which are subject of a previous purchase or sale to you;
3. Where you consent to receive such information, we may contact you to provide information on other services/products/offers that we feel may interest you;
4. Where and if you have consented to receive our e-newsletter, from time to time provide that to you.

SECTION 6: BEHAVIORAL ADVERTISING

We may use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you:
1. We may 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://policies.google.com/privacy?hl=en
2. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout
3. We may share information about your use of the Site, your purchases, and your interaction with our ads on other websites with our advertising partners. We may collect and share some of this information directly with our advertising partners, and in some cases through the use of cookies or other similar technologies (which you may consent to, depending on your location).
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 by:

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/.
We do not guarantee that the information above on opting out of Behavioral and Targeted Advertising will be accurate at all times. You are advised to conduct your research and familiarize yourself with advertisement services offered by Google, Facebook, and others.

SECTION 7: DISCLOSURE OF YOUR INFORMATION

We may only disclose your information to regulatory bodies for purposes of enabling us to comply with the law and assist in minimizing credit risk and fraud.
We may also disclose your information when there is a lawful court order or warrant issued relating to your information or requiring us to disclose your information to comply with the court order or warrant.
Where we have your consent, we may disclose your data and information to selected third parties who may contact you about their services or goods that may be of interest to you.
If you do not wish us to use your data and information for our [or third parties’] use, you have the opportunity to withhold or withdraw your consent to this when you provide your details to us on the form in which we use to collect your data. Alternatively, you can write to us through our Data Protection Officer details and email address which we provide under this Policy.
Please take notice that we do not disclose information about identifiable individuals to our advertisers or third parties unless permitted by the law or under our Terms of Service or this Privacy Policy. On occasions, we may send third parties and our advertising partners aggregate statistics about our visitors and users.

SECTION 8: CONTROLLING THE USE OF DATA AND INFORMATION

You agree that after you have given us consent we will have control and use of the data lawfully as permitted by our Terms of Service, per this Privacy Policy and applicable law.
You have also agreed that our service provider [Shopify] can lawfully determine how your data is stored, processed, transferred, or controlled through our contractual engagement with them.
If you have given us consent for the use and/or to use your data for specific purposes set herein and in our Terms of Service, you can revoke or vary that consent at any time upon giving us reasonable notice to make necessary adjustments. You may write to us via the Data Protection Officer contact details provided at the end of this Privacy Policy.
Take notice that should you revoke your consent we do not guarantee our Services will still be available to you. We may discontinue our Services when you withdraw the consent for us to hold your data or when you exercise the right to have your data deleted from our Site.

SECTION 9: WHERE WE STORE AND/OR TRANSFER YOUR DATA

Apart from the Services which we offer on and from our Site to you, the information which you provide to us may be transferred outside Singapore, outside the European Economic Area (EEA), or outside your country or jurisdiction to a location which is determined by our service provider [Shopify]. We may also use remote website servers and hosts to provide the Website and other aspects of our Services, which may be based outside Singapore or the EEA, or your jurisdiction or country, or use servers that are based outside the EEA or Singapore or your country or jurisdiction – this generally is the character of the data that is stored in “the Cloud”. Your information may also be processed using tools provided by third-party service providers and staff who are located outside Singapore or the EEA or your country or jurisdiction.
The location of storage and processing of your data and information will always depend on the servers’ locations which are provided by our service providers.
Your data may be transferred if the servers of our service providers are located outside the EEA, Singapore, or your country or jurisdiction. If we transfer data outside EEA, Singapore, or your jurisdiction, we will take steps with the aim of ensuring that your privacy rights continue to be protected to the highest standards of data protection under the GDPR and the PDPA. For you to use our services you agree that your Personal Data may be transferred to North America or a location where our service providers [Shopify] have their servers located.
We do not disclose or use sensitive personal data such as religion, race, or political affiliation, without your explicit consent.
We may, to the extent permitted by applicable law, disclose your Personal Data to third parties: (i) in the event that the law requires us to do so or following compliance requirement or court order; (ii) when we buy or sell any assets or business, in which case, we may disclose aggregated data which may be inclusive of your Personal Data; and (iii) if we are bought by a third party, we may disclose customer data which may include your Personal Data as part of the assets to be transferred to the third party buyer. The personal data protection which is provided by this Privacy Policy will apply in case we are bought by a third party.
We do not guarantee the protection of your Personal Data if we are mandated by law or court order to disclose your Personal Data.
Nevertheless, we will share, process, collect, transfer or store your Personal Data in a manner that is permitted by applicable law and also in good faith and to the extent necessary for us to comply with legal processes and requirements.
You have granted us the right to process your Personal Data for marketing purposes. You reserve this right and you can opt-out of our marketing features by contacting the Data Protection Officer through the contact provided at the end of this Privacy Policy.
Alternatively, you can unsubscribe from our marketing emails by using the ‘Unsubscribe’ features provided by your email client and service providers.

SECTION 10: THE LEGAL BASIS OF COLLECTING AND PROCESSING YOUR DATA

Under the GDPR and the PDPA, we process your personal information for the following lawful reasons:
1. Your consent;
2. The performance of the contract between you and the Site;
3. Compliance with our legal obligations;
4. To protect your vital interests;
5. To perform a task carried out in the public interest;
6. For our legitimate interests, which do not override your fundamental rights and freedoms.

SECTION 11: RETENTION

When you place an order through the Site, we will retain your Personal Information for our records for about three (3) to six (6) years in compliance with accounting principles and standards unless and until you ask us to erase this information. For more information on your right of erasure, please see the ‘What are Your rights’ section below.

SECTION 12: AUTOMATIC DECISION-MAKING

If you are a resident of the EEA, you have the right to object to processing based solely on automated decision-making (which includes profiling), when that decision-making has a legal effect on you or otherwise significantly affects you.
We do not engage in fully automated decision-making that has a legal or otherwise significant effect using customer data.
Our processor Shopify uses limited automated decision-making to prevent fraud that does not have a legal or otherwise significant effect on you. Services that include elements of automated decision-making include:
1. Temporary denylist of IP addresses associated with repeated failed transactions. This denylist persists for a small number of hours.
2. Temporary denylist of credit cards associated with denylisted IP addresses. This denylist persists for a small number of days.

SECTION 13: GDPR

If you are a resident of the EEA, you have the right to access the Personal Information we hold about you, to port it to a new service, and to ask that your Personal Data and Information be corrected, updated, or erased. If you would like to exercise these rights, please contact us through the contact information provided below in this Policy.
Your Personal Information may be initially processed in Ireland and then will be transferred outside of Europe for storage and further processing, including to Canada and the United States. For more information on how data transfers comply with the GDPR, see Shopify’s GDPR Whitepaper:

https://help.shopify.com/en/manual/your-account/privacy/GDPR

SECTION 15: COOKIES

A cookie is a small amount of information that’s downloaded to your computer or device when you visit our Site. We use several different cookies, including functional, performance, advertising, and social media or content cookies. Cookies make your browsing experience better by allowing the website to remember your actions and preferences (such as login and region selection). This means you don’t have to re-enter this information each time you return to the site or browse from one page to another. Cookies also provide information on how people use the website, for instance, whether it’s their first time visiting or if they are a frequent visitor.

We use the following cookies to optimize your experience on our Site and to provide our services.

Cookies Necessary for the Functioning of the Store

NAME	FUNCTION
_ab	Used in connection with access to admin.
_secure_session_id	Used in connection with navigation through a storefront.
cart	Used in connection with shopping carts.
cart_sig	Used in connection with checkout.
cart_ts	Used in connection with checkout.
checkout_token	Used in connection with checkout.
secret	Used in connection with checkout.
secure_customer_sig	Used in connection with customer login.
storefront_digest	Used in connection with customer login.
_shopify_u	Used to facilitate updating customer account information.

Reporting and Analytics

NAME	FUNCTION
_tracking_consent	Tracking preferences.
_landing_page	Track landing pages
_orig_referrer	Track landing pages
_s	Shopify analytics.
_shopify_fs	Shopify analytics.
_shopify_s	Shopify analytics.
_shopify_sa_p	Shopify analytics relating to marketing & referrals.
_shopify_sa_t	Shopify analytics relating to marketing & referrals.
_shopify_y	Shopify analytics.
_y	Shopify analytics.

The length of time that a cookie remains on your computer or mobile device depends on whether it is a “persistent” or “session” cookie. Session cookies last until you stop browsing and persistent cookies last until they expire or are deleted. Most of the cookies we use are persistent and will expire between 30 minutes and two years from the date they are downloaded to your device.
You can control and manage cookies in various ways. Please keep in mind that removing or blocking cookies can negatively impact your user experience and parts of our website may no longer be fully accessible.
Most browsers automatically accept cookies, but you can choose whether or not to accept cookies through your browser controls, often found in your browser’s “Tools” or “Preferences” menu. More information on how to modify your browser settings or how to block, manage or filter cookies can be found in your browser’s help file or through such sites as https://www.allaboutcookies.org/ and others.
Additionally, please note that blocking cookies may not completely prevent how we share information with third parties such as our advertising partners. To exercise your rights or opt-out of certain uses of your information by these parties, please follow the instructions in the “Behavioural Advertising” section above.
We will use the Cookie features and services of Shopify unless otherwise expressly stated.

SECTION 14: DO NOT TRACK

Please note that because there is no consistent industry understanding of how to respond to “Do Not Track” signals, we do not alter our data collection and usage practices when we detect such a signal from your browser.

SECTION 15: SECURITY

Take notice that the processing, collection, and transmission of information and data via the internet is not completely secure or risk-free. We will do our best to protect and secure your Personal Data. However, we cannot guarantee absolute data security while we are transmitting it to our Site; such transmission is at your own risk.
Once you share your Personal Data with us, we will employ strict procedures and security mechanisms to try and protect unauthorized access of data and data breaches.
Shopify has assured us that it complies with the best industry standards in data security and privacy protection. Refer to their privacy policy link above.
Where we have provided you, or when you have chosen a password so that you can access our Services or Site or part of our Site, you will remain responsible for keeping the said password confidential. You are advised to choose a password that is secret and which you do not share with any other person.

SECTION 16: THIRD-PARTY LINKS TO OUR WEBSITES

You may find third-party links on our Website or in information or material which is shared through our Services. The third-party links should have their privacy policy and terms of use which you should check and familiarize yourself with.
We have not verified or checked whether the third-party links comply with any applicable law or whether they offer data protection and privacy protection in compliance with any applicable laws. We do not accept any liability or responsibility for the third parties’ policies or any losses which you suffer from third-party links or sites as we have no control over them.

SECTION 17: WHAT ARE YOUR RIGHTS

The GDPR and the PDPA give you the right to access information held about you by us. Please write to us or contact us by email through our designated Data Protection Officer.
The GDPR and the PDPA also give you the right to opt out of marketing programs and the right to have your data deleted by us. Should you wish to exercise these rights contact the above-mentioned Office. Exercising some rights under the GDPR and the PDPA may bar you from accessing our Site or Services unless you share and consent to our collection and processing of your data.

SECTION 18: AMENDMENT AND CHANGES TO THIS PRIVACY POLICY

We may update these policies to reflect the changes to the website and the customer feedback. Please regularly review our Privacy Policy so that you are informed of how we are protecting your personal data.

SECTION 19: OUR CONTACT

To resolve any complaint regarding any dispute or rights arising from these Terms of Service or to make any inquiries concerning the Site, please contact us at:

Business Name: Odd Bird Art Pte. Ltd.

Business Address: #14-04, Singapore Business Federation Centre, 160 Robinson Road, Singapore 068914

Business WhatsApp Number: +65 9851 3099

Email Address: support@oddbird.art

Contact Information for designated Data Protection Officer

Name:

Attn: Data Protection Officer

Address: #14-04, Singapore Business Federation Centre, 160 Robinson Road, Singapore 068914

Email: dpo@oddbird.art

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