Privacy & Cookie Policy

The websites and applications:

• • https://www.ayanajewellery.com/;
  • https://www.ayanajewellery.com.au/;
  • https://www.ayanajewellery.com/;
  • https://www.etsy.com/shop/ayanajewellery;
  • all associated applications;
  • and social media (the “Service”)

is operated and owned by Ayana Jewellery Pty Ltd (registered in New South Wales, Australia) ACN:605 820 264 and ABN:11 605 820 264 (t/as and referred as “Ayana”, “Ayana Jewellery”, “We“, “Our“, “Us“, “Supplier” or the “Company“).

Our registered office address is:

PO BOX Q870,
Queen Victoria Building, NSW 1230
Australia

Please read these terms carefully before using the Service. Your access to and use of the Service is conditioned on your acceptance of and compliance with these terms and all disclaimers that appear elsewhere on the Service. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these terms. If you disagree with any part of the terms then you may not access the Service.

“Customer”, “Buyer”, “Applicant”, “You”, “Your”, “Retailer”, “Dropshipper”, “Wholesaler”, means a) a business entity(s) nominated buy us as wholesale and retail buyers, b) person(s) and users accessing the service.

“Goods”, “Product”, “Products”, “Item“, “Items” means all goods sold, delivered, created, designed or produced by us offered for sale through our Service, through our customer service team, in-person such as but not limited to in-store, markets, and trade events.

“Purchase“, “Purchases“, “Order“, “Orders“, “Transaction“, “Transactions” means the act to purchase any Product or service made available through the Service.

“Partners”, “Suppliers” means any third-party business entity(s) that we work with in order to provide Goods or the Service, our subsidiaries, affiliates, directors, employees, partners, agents, retailers, suppliers, and its licensors

This page informs you of our policies regarding the collection, use and disclosure of Personal Information when you use our Service. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions and forms part of the Terms and Conditions.

By browsing, accessing, ordering a product, contacting Ayana Jewellery or by using the Service, you agree to be legally bound by these Terms and Conditions. If you do not agree to the terms of this Privacy Policy or the Terms and Conditions, you should not use the Site.

This document sets out our policy for the collection, use, holding and disclosure and storage of personal information as covered under the Australian Privacy Act 1988. By using this Service, you agree to and consent to the collection, use, holding and disclosure of personal information by Ayana Jewellery as set out in this policy.

In this Privacy Policy, “Personal Information” means information or opinion about an identified individual, or an individual who is reasonably identifiable in accordance with section 6 of the Privacy Act 1988 (Cth).

We protect your privacy and your rights through the use of the European Commission’s standard data protection clauses. More information about these is available here http://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX:32010D0087

For purposes of EU data protection law, and European Union’s General Data Protection Regulation (GDPR) Ayana Jewellery PTY LTD is the data controller for your Personal Information.

We have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act (CalOPPA) https://consumercal.org/about-cfc/cfc-education-foundation/california-online-privacy-protection-act-caloppa-3/.

As part of the California Online Privacy Protection Act, all users of our site may make any changes to their information at anytime by logging into their My Account and going to the ‘Account Details’ page.

Please note that we do not alter our Site’s data collection and use practices when you send a ‘Do Not Track’ signal in your browser.

While using our Service, we may ask you to provide us with certain personally identifiable information. Personally identifiable information(“Personal Information”) may include, but is not limited to:

• your email address,
• name,
• phone number,
• postal address,
• gender,
• credit card information.

Non-identifiable information is data that have never been labelled with individual identifiers or from which identifiers have been permanently removed, and by means of which no specific individual can be identified. When you use our Services, our Service may automatically record non-identifiable information that your browser sends. This data may include:

• your IP address,
• your browser and device type,
• the site you came from before using the Service,
• the pages you visit when using the Service,
• time spent, products viewed, products searched, products in cart, access times and dates.

Non-identifiable and/orPersonal Information may be used for but not limited to:

• to provide products and services to you;
• to communicate with you about your products and services, upcoming; products and services, competition results and special offers;
• to answer questions and customer queries;
• to provide and process payments and refunds;
• to gain an understanding to help develop our products and services;
• to provide you with better customer service and experience;
• to carry out any administration, marketing, fraud and loss prevention, fraud identification, compliance, legal and accounting activities;
• to comply with laws or regulations or comply with any public or government bodies, authorities, law-enforcement or regulators;

Your name and contact information

Your gender

Your payment details and choice of payment platform

Your purchase and contact history

Information about your device, location and site interactions

You are not required to provide us with personally identifiable information, but if you don’t you may not be able to make purchases or have the upmost experience with our Services.

The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security, will not be liable for any breach of security or unintended loss or disclosure of information due to the Service or the usage of the Service.

We aim to aggregate and anonymise your data where possible, this is to ensure that you are not personally identifiable where possible. This data is used for testing, development, and improving new and existing products and services.

We protect your Personal Information by:

• restricting or limiting access to Personal Information;
• destroying Personal Information when it is no longer required for retention purposes;
• regularly reviewing data collection, use, holding, disclosure and storage procedures.

How Long We Hold Onto Personal Information

We may hold Personal Information in hard copy and or electronic format. We will hold onto your Personal Information as long as have your account, or as long as needed for us to provide services to you or in the case you contact us, for as long as it is necessary for us provide support, customer care and tracking.

Transactional and Purchase Records

We keep transactional records for a minimum of 5-7 years for legal, accounting and tax compliance reasons, these are requirements set by Australian Taxation Office (ATO) and the Australian Securities and Investments Commission (ASIC) – Both of which are local governing bodies for Ayana Jewellery. More information on our regulatory record keeping obligations can be found here https://www.asic.gov.au/regulatory-resources/regulatory-index/financial-reporting/

Shopping Cart Data

When shopping, we keep a record of your email and the cart contents for up to 30 days on our server. This record is kept to repopulate the contents of your cart if you switch devices or needed to come back another day. Read our privacy policy here.

Log Data

We may also collect information that your browser sends whenever you visit our Service (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages and other statistics.

In addition, we may use third party services that collect, monitor and analyse this type of information in order to increase our Service’s functionality. These third party service providers have their own privacy policies addressing how they use such information.

We aim to keep log files containing personally identifiable information stored on our site servers controlled by Ayana Jewellery for our Service for no longer than 3 months for fraud prevention and detection and the upkeep of our Service.

Our Commitment to Data Retention

We aim to review periodically our requirements for data retention and where possible remove any Personal Information that is no long required.

Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer’s hard drive.

We use “cookies” to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Communications

We may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

Behavioural Remarketing

We use remarketing services to advertise on third party web sites to you after you visited our Service. We, and our third party vendors, use cookies to inform, optimise and serve ads based on your past visits to our Service.

• Google
  Google AdWords remarketing service is provided by Google Inc. You can opt-out of Google Analytics for Display Advertising and customise the Google Display Network ads by visiting the Google Ads Settings page. Google also recommends installing the Google Analytics Opt-out Browser Add-on for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page.
• AdRoll
  AdRoll remarketing service is provided by Semantic Sugar, Inc. You can opt-out of AdRoll remarketing by visiting this AdRoll Advertising Preferences web page. For more information on the privacy practices of AdRoll, please visit the AdRoll Privacy Policy web page.
• Facebook
  Our website utilises the Conversion Tracking Pixel service of Facebook Inc., 1601 S. California Ave., Palo Alto, CA 94304, USA (“Facebook”). This tool allows us to follow the actions of users after they are redirected to a provider’s website by clicking on a Facebook advertisement. We are thus able to record the efficacy of Facebook advertisements for statistical and market research purposes. The collected data remain anonymous. This means that we cannot see the personal data of any individual user. However, the collected data are saved and processed by Facebook. We are informing you on this matter according to our information at this time. Facebook is able to connect the data with your Facebook account and use the data for their own advertising purposes, in accordance with Facebook’s Data Use Policy found under: https://www.facebook.com/about/privacy/. Facebook Conversion Tracking also allows Facebook and its partners to show you advertisements on and outside Facebook. In addition, a cookie will be saved onto your computer for these purposes. Please click here if you would like to revoke your permission: https://www.facebook.com/ads/website_custom_audiences/.
• Mailchimp
  When shopping, we keep a record of your email and the cart contents for up to 30 days on our server. This record is kept to repopulate the contents of your cart if you switch devices or needed to come back another day. We also use Mailchimp as a communications provider for newsletters and email communications as outlined in this privacy policy, we share with Mailchimp your information including your order details. You can read more about Mailchimp’s privacy policies here: https://mailchimp.com/legal/privacy/.

Our Suppliers, Business and Logistics Partners

We may share some of your Personal Information with our suppliers when you purchase products or Services from us. This is only done to facilitate the handling of your order, delivery and fulfilment of the product(s) and or services you have purchased. This would generally include the name and contact information. Some of our suppliers are but not limited to;

Shipping. For majority of our orders we utilise Sendle and Australia Post along with their domestic and international shipping and logistics partner(s). You can find their privacy policies here: https://support.sendle.com/hc/en-us/articles/206525557-Privacy-Policy and https://auspost.com.au/privacy

Sales Channels

• Etsy.
  We share information with Etsy as necessary to provide you our services and comply with our obligations under both the Etsy Seller Policy and Etsy Terms of Use.
• Airbnb Australia Experiences
  We share information with Airbnb as necessary to provide you our services and comply with our obligations under both the Airbnb community standards, Airbnb Terms of Service, and Airbnb Privacy Policy.
• Class Bento
  We share information with Airbnb as necessary to provide you our services and comply with our obligations under their Terms & Conditions and Privacy Policy.

Our Payment, Banking, Billing, Security Partners and Service Providers

We may share some of your Personal Information with payment, banking, billing and security partners in order to fulfil orders, take payments, fraud identification and preventions and legal obligations. These partners include and are not limited to (links to partners privacy policies):

• Square Australia
• Stripe Australia
• PayPal Australia
• Afterpay Australia & Afterpay New Zealand
• Zip Co Australia
• (ANZ) Australia New Zealand Banking Group
• ING Direct Bank (Australia) Limited
• Xero

Governing Bodies

We will disclose your Personal Information where required to do so by law or subpoena or if we believe that such action is necessary to comply with the law and the reasonable requests of law enforcement, authorities, public bodies, governing bodies, regulators or to protect the security or integrity of our Service.

Business Transaction

If we are involved in a merger, acquisition or asset sale, your Personal Information may be transferred. We will provide notice before your Personal Information is transferred and becomes subject to a different Privacy Policy.

International Transfer

Your information, including Personal Information, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws and regulations in countries where Personal Data might be located might differ.

Where we disclose any Personal Information to third-parties in another country we do so with safeguards in place and in accordance with this privacy policy.

If you are located outside Australia and choose to provide information to us, please note that we may transfer the information, including Personal Information, to Australia and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

European Economic Area and European Union

For customers, citizen and individuals in the (EEA) European Economic Area or (EU) European Union this means your data might be transferred out of EEA or EU. Your data will only be transferred to countries which are deemed to have adequate protection, or third-parties which have approved transfer mechanisms in place such as the Privacy Shield Certification or European Union Standard Contractual Clauses

Service Providers

We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Service-related services or to assist us in analysing how our Service is used.

These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over, and assume no responsibility or liability for the content, privacy policies or practices of any third party sites or services.

If you reside in certain territories, including the European Union (EU), you have a number of rights in relation to your personal information. While some of these rights apply generally, certain rights apply only in certain limited cases.

Access

You may have the right to access and receive a copy of the Personal Information we hold about you by contacting us.

Change, restrict, delete.

You may also have rights to change, restrict my use of, or delete your Personal Information. Absent exceptional circumstances (such as when we are required to store data for legal reasons as outlined in this privacy policy). We will generally delete your personal information upon request.

Object

You can object to (i) us processing of some of your information based on our legitimate interests and (ii) receiving marketing messages from us after providing your express consent to receive them.

In such cases, we will delete your personal information unless we have compelling and legitimate grounds to continue using that information or if it is needed for other purposes as outlined in this privacy policy.

Complain

If you reside in the European Union (EU) and wish to raise a concern about our use of your information (and without prejudice to any other rights you may have), you have the right to do so with your local data protection authority.

If you have any questions or concerns about this policy (including questions about how we handle your personal information), please contact us. Where we aren’t able to resolve a complaint, you may choose to refer it to the Office of the Australian Information Commissioner or your local data protection authority. You can find more information about privacy and the protection of your Personal Information on the website of the OAIC at https://www.oaic.gov.au/.

Our Service does not address anyone under the age of 13 (“Children”).

We do not knowingly collect personally identifiable information from children under 13. If you are a parent or guardian and you are aware that your Children has provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from a children under age 13 without verification of parental consent, we take steps to remove that information from our servers.

You are responsible for any and all account activity conducted by a minor on your account.

Last Updates

This Privacy Policy was last updated on the 8th day of March, 2019.

Changes To This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

March 2019 Update

• Wording updates to reflect changes in our Terms and Conditions.
• Afterpay New Zealand and Zip Co Australia Payment Providers added
• 3rd Parties which we transact with for our Workshops: Class Bento and AirBnB
• Mailchimp for Communications

July 2018 Update

• Wording updates to reflect changes in our Terms and Conditions.
• Californian Online Protection Act CalOPPA

May 2018 Update

• Updates made to take into effect European Unions General Data Protection Regulation 2016/679 (“GDPR”), and changes to our partners and suppliers privacy policies.