Privacy policy
This Privacy Policy describes how www.ziggyandthesun.com (the “Site” or “we”) collects, uses, and discloses your Personal Information when you visit or make a purchase from the Site.
By consenting to Ziggy and the Sun's SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of 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 within our messages. You understand and agree that the primary method for opting out of our SMS program is to reply with specific keywords (such as ‘STOP,’ ‘END,’ ‘UNSUBSCRIBE,’ ‘CANCEL,’ or ‘QUIT’), or to use the unsubscribe link provided. We will also honor any other requests that clearly express your desire to opt out, including phrases like ‘please opt me out.’ We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
For any questions, please text HELP to the number you received the messages from. You can also contact us at https://www.ziggyandthesun.com/pages/contact for more information.
We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
Your right to privacy is important to us. You can see our Privacy Policy https://www.ziggyandthesun.com/policies/privacy-policy to determine how we collect and use your personal information.
Arbitration and Class Action Waiver Agreement:
1. Arbitration:
By using or purchasing Ziggy and the Sun's products or services, you agree that any controversy, claim, action, or dispute between you and Ziggy and the Sun arising out of or relating to: (a) these Terms, or the breach thereof; or (b) your access to or use of Ziggy and the Sun’s website or the services or the materials; or (c) any alleged violation of any federal or state or local law, statute or ordinance (each such controversy or claim, a “Claim”), shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association in accordance with its applicable rules.
Arbitration is a form of dispute resolution in which parties agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. The arbitrator is obligated to issue a reasoned award in writing, including all findings of fact and law upon which the award was made. The arbitrator shall not have the power to commit errors of law, and the arbitrator’s award may be vacated or corrected through judicial review by a court of competent jurisdiction. Each party’s attorneys’ fees, expert costs, and other costs and expenses incurred in connection with arbitration will be borne by the party incurring such costs and expenses.
1. Arbitration Procedures:
Claims shall be heard by a single arbitrator. Arbitrations shall be held in Australia, VIC, Melbourne, but the parties may choose whether to appear in person, by phone, or through the submission of documents. The arbitration shall be governed by the Federal Arbitration Act (“FAA”) and by the internal laws of the VIC, without regard to conflicts of laws principles. Any disputes in this regard shall be resolved exclusively by an arbitrator. If, but only if, the arbitrator determines the FAA does not apply, New York law governing arbitration agreements will apply. All disputes with respect to whether the foregoing mutual arbitration provisions are unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court.
2. Exclusion from Arbitration:
Notwithstanding the terms of this Arbitration Agreement, you may choose to pursue a Claim in court and not by arbitration if you opt-out of these arbitration procedures within 30 days from the date that you first purchase any of Ziggy and the Sun’s products or services (the “Opt-Out Deadline”). You may opt out by mailing a written notification to 3/1 Lark street Altona. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes through arbitration. Your decision to opt-out will have no adverse effect on your relationship with Ziggy and the Sun. You are responsible for ensuring Ziggy and the Sun’s receipt of your opt-out notice, and you therefore may wish to send a notice by means that provide a written receipt. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Claim in arbitration.
2. Class Action Waiver:
You and Ziggy and the Sun agree that you may bring or participate in Claims against Ziggy and the Sun only in your respective individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Unless both you and Ziggy and the Sun agree otherwise in writing, the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding any other clause contained in this Agreement, any Claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
Contact
After reviewing this policy, if you have additional questions, want more information about our privacy practices, or would like to make a complaint, please contact us by email or by mail using the details provided below:
Collecting Personal Information
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 about an identifiable individual (including the information below) as “Personal Information”. See the list below for more information about what Personal Information we collect and why.
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Device information
- Purpose of collection: to load the Site accurately for you, and to perform analytics on Site usage to optimize our Site.
- Source of collection: Collected automatically when you access our Site using cookies, log files, web beacons, tags, or pixels.
- Disclosure for a business purpose: shared with our processor Shopify, Klaviyo, Google, Meta, TikTok.
- Personal Information collected: version of web browser, IP address, time zone, cookie information, what sites or products you view, search terms, and how you interact with the Site
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Order information
- 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.
- Source of collection: collected from you.
- Disclosure for a business purpose: shared with our processor Shopify Shopify, Klaviyo, Google, Meta, TikTok, PayPal, Zip Pay, AfterPay, Klarna.
- Personal Information collected: name, billing address, shipping address, payment information (including credit card numbers PayPal, Zip Pay, AfterPay, Klarna accounts) email address, and phone number.
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Customer support information
- Purpose of collection: to provide customer support.
- Source of collection: collected from you.
- Disclosure for a business purpose: Shared with our processor Shopify Shopify, Klaviyo, Google, Meta, TikTok, PayPal, Zip Pay, AfterPay, Klarna.
- Personal Information collected: version of web browser, IP address, time zone, cookie information, what sites or products you view, search terms, and how you interact with the Site
Minors
The Site is not intended for individuals under the age of 18. 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 above to request deletion.
Sharing Personal Information
We share your Personal Information with service providers to help us provide our services and fulfill our contracts with you, as described above. For example:
- 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 may 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.
Behavioural Advertising
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:
- We 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.
- We share information about your use of the Site, your purchases, and your interaction with our ads on other websites with our advertising partners. We 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).
- We use Shopify Audiences to help us show ads on other websites with our advertising partners to buyers who made purchases with other Shopify merchants and who may also be interested in what we have to offer. We also share information about your use of the Site, your purchases, and the email address associated with your purchases with Shopify Audiences, through which other Shopify merchants may make offers you may be interested in.
For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at https://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
You can opt out of targeted advertising by:
FACEBOOK - https://www.facebook.com/settings/?tab=ads
GOOGLE - https://www.google.com/settings/ads/anonymous
BING - https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads]
Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: https://optout.aboutads.info/.
Using Personal Information
We use your personal Information to provide our services to you, which includes: offering products for sale, processing payments, shipping and fulfillment of your order, and keeping you up to date on new products, services, and offers.
Lawful basis
Pursuant to the General Data Protection Regulation (“GDPR”), if you are a resident of the European Economic Area (“EEA”), we process your personal information under the following lawful bases:
- Your consent;
- The performance of the contract between you and the Site;
- Compliance with our legal obligations;
- To protect your vital interests;
- To perform a task carried out in the public interest;
- For our legitimate interests, which do not override your fundamental rights and freedoms.
Retention
When you place an order through the Site, we will retain your Personal Information for our records unless and until you ask us to erase this information. For more information on your right of erasure, please see the ‘Your rights’ section below.
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:
- Temporary blacklist of IP addresses associated with repeated failed transactions. This blacklist persists for a small number of hours.
- Temporary blacklist of credit cards associated with blacklisted IP addresses. This blacklist persists for a small number of days.
Your rights
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 Information be corrected, updated, or erased. If you would like to exercise these rights, please contact us through the contact information above.
Your Personal Information will 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.
Cookies
A cookie is a small amount of information that’s downloaded to your computer or device when you visit our Site. We use a number of 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.
[Be sure to check this list against Shopify’s current list of cookies on the merchant storefront: https://www.shopify.com/legal/cookies ]
Cookies Necessary for the Functioning of the Store
| Name | Function | Duration |
|---|---|---|
| _ab | Used in connection with access to admin. | 2y |
| _secure_session_id | Used in connection with navigation through a storefront. | 24h |
| _shopify_country | Used in connection with checkout. | session |
| _shopify_m | Used for managing customer privacy settings. | 1y |
| _shopify_tm | Used for managing customer privacy settings. | 30min |
| _shopify_tw | Used for managing customer privacy settings. | 2w |
| _storefront_u | Used to facilitate updating customer account information. | 1min |
| _tracking_consent | Tracking preferences. | 1y |
| c | Used in connection with checkout. | 1y |
| cart | Used in connection with shopping cart. | 2w |
| cart_currency | Used in connection with shopping cart. | 2w |
| cart_sig | Used in connection with checkout. | 2w |
| cart_ts | Used in connection with checkout. | 2w |
| cart_ver | Used in connection with shopping cart. | 2w |
| checkout | Used in connection with checkout. | 4w |
| checkout_token | Used in connection with checkout. | 1y |
| dynamic_checkout_shown_on_cart | Used in connection with checkout. | 30min |
| hide_shopify_pay_for_checkout | Used in connection with checkout. | session |
| keep_alive | Used in connection with buyer localization. | 2w |
| master_device_id | Used in connection with merchant login. | 2y |
| previous_step | Used in connection with checkout. | 1y |
| remember_me | Used in connection with checkout. | 1y |
| secure_customer_sig | Used in connection with customer login. | 20y |
| shopify_pay | Used in connection with checkout. | 1y |
| shopify_pay_redirect | Used in connection with checkout. | 30 minutes, 3w or 1y depending on value |
| storefront_digest | Used in connection with customer login. | 2y |
| tracked_start_checkout | Used in connection with checkout. | 1y |
| checkout_one_experiment | Used in connection with checkout. | session |
Reporting and Analytics
| Name | Function | Duration |
|---|---|---|
| _landing_page | Track landing pages. | 2w |
| _orig_referrer | Track landing pages. | 2w |
| _s | Shopify analytics. | 30min |
| _shopify_d | Shopify analytics. | session |
| _shopify_s | Shopify analytics. | 30min |
| _shopify_sa_p | Shopify analytics relating to marketing & referrals. | 30min |
| _shopify_sa_t | Shopify analytics relating to marketing & referrals. | 30min |
| _shopify_y | Shopify analytics. | 1y |
| _y | Shopify analytics. | 1y |
| _shopify_evids | Shopify analytics. | session |
| _shopify_ga | Shopify and Google Analytics. | session |
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. For 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: www.allaboutcookies.org.
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.
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.
Email and SMS Marketing
We use email and targeted online advertising to send you product and services updates, promotional offers and other marketing communications based on the information we collect about you, such as your email address, general location, and purchase and website browsing history.
We process your personal data as stated in our Privacy Policy. You may withdraw your consent or manage your preferences at any time by clicking the unsubscribe link at the bottom of any of our marketing emails, or by emailing us at info@ziggyandthesun.com.
By submitting the form to signing up for texts, you consent to receive marketing text messages (e.g. promos, cart reminders) from Ziggy & the Sun at the number provided, including messages sent by autodialer. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency varies. Unsubscribe at any time by replying STOP or clicking the unsubscribe link Ziggy & the Sun. Privacy Policy & Terms.
Klarna
To offer you Klarna’s payment options, we will pass to Klarna certain aspects of your personal information, such as contact and order details, for Klarna to assess whether you qualify for their payment options and to tailor the payment options for you.
For general information on Klarna, you can find it here. Your personal data is handled per applicable data protection law and according to the information in Klarna’s privacy policy.
Please let me know when the above has been completed so I can enable your accounts. Once enabled, I will share the guides on activating the payment gateway & adding our OSM/FAQ page (done through the Klarna Onsite Messaging app).
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.
Complaints
As noted above, if you would like to make a complaint, please contact us by e-mail or by mail using the details provided under “Contact” above.
If you are not satisfied with our response to your complaint, you have the right to lodge your complaint with the relevant data protection authority. You can contact your local data protection authority, or our supervisory authority here: [Add contact information or website for the data protection authority in your jurisdiction. For example: https://ico.org.uk/make-a-complaint/]
Last updated: 30/06/2023