Privacy Policy

Feather & Noise operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the "Services"). Feather & Noise is powered by Shopify, which enables us to provide the Services to you. This Privacy Policy describes how we collect, use, and disclose your personal information when you visit, use, or make a purchase or other transaction using the Services or otherwise communicate with us. If there is a conflict between our Terms of Service and this Privacy Policy, this Privacy Policy controls with respect to the collection, processing, and disclosure of your personal information.

Please read this Privacy Policy carefully. By using and accessing any of the Services, you acknowledge that you have read this Privacy Policy and understand the collection, use, and disclosure of your information as described in this Privacy Policy.

Feather and Noise™ comply with applicable Australian privacy laws.

Feather and Noise™ do not collect your personal information to on-sell to third parties for marketing purposes.

If you have any questions or concerns regarding your personal information, please get in touch via our Contact Us page.

In these Terms and Conditions:

1. The headings will not affect interpretation of these Terms and Conditions.
2. The singular includes the plural and vice versa, and a gender includes other genders.
3. Any other grammatical form of a word or expression defined in these Terms and Conditions has a corresponding meaning.
4. A reference to a clause or paragraph is to a clause or paragraph of, these Terms and Conditions.
5. A reference to a document or instrument includes the document or instrument as novated, altered, supplemented or replaced from time to time.
6. A reference to “A$”, “$A”, “dollar” or “$” is to Australian currency.
7. A reference to time is to time in Melbourne, Victoria (AEST or when applicable, AEDT).
8. A reference to a party to a document includes the party's executors, administrators, heirs, successors in title, permitted assigns and substitutes.
9. A reference to a person includes a natural person, body corporate, partnership, trust, association or any government or governmental, semi-governmental, administrative or judicial body, tribunal, department, commission, authority, agency, minister, statutory corporation, instrumentality or any other entity.
10. A reference to a statute, ordinance, code or other law includes regulations, rules and other instruments under the statute, ordinance, code or other law and any consolidations, amendments, re-enactments or replacements.
11. The meaning of general words is not limited by specific examples introduced by “including”, “for example” or similar expressions.
12. A reference to anything (including but not limited to any right) includes part of that thing.
13. Any agreement, representation, warranty or indemnity by two or more parties (including where two or more persons are included in the same defined term) binds those parties jointly and severally.
14. Any agreement, representation, warranty or indemnity in favour of two or more parties (including where two or more persons are included in the same defined term) is for the benefit of those parties jointly and severally.
15. Any undertaking by a party not to do any act or thing will be deemed to include an undertaking not to permit or suffer the doing of that act or thing.
16. A rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of these Terms and Conditions or any part of these Terms and Conditions.
17. Feather and Noise™ may assign any rights or benefits under these Terms and Conditions at any time.
18. If any provision, or the application of any provision, of these Terms and Conditions is prohibited, invalid, void, illegal or unenforceable in any jurisdiction: (a) this will not affect the validity and enforceability of the provision or part in other jurisdictions; (b) the provision or part will only be ineffective to the extent of the prohibition, invalidity or illegality; and (c) the provision or part will be severed and will not affect the validity or enforceability of the remaining provisions or parts of these Terms and Conditions.
19. These Terms and Conditions supersedes all prior undertakings, arrangements and agreements and constitutes the entire agreement between the parties in relation to the subject matter of these Terms and Conditions and there are no conditions, warranties or other terms affecting the agreement between the parties other than those set out in these Terms and Conditions.
20. These Terms and Conditions will be governed by the laws of Victoria, Australia, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.

This privacy policy sets out how this website (hereafter "the Store") uses and protects any information that you give the Store while using this website. The Store is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement. The Store may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes.

When we use the term "personal information," we are referring to information that identifies or can reasonably be linked to you or another person. Personal information does not include information that is collected anonymously or that has been de-identified, so that it cannot identify or be reasonably linked to you. We may collect or process the following categories of personal information, including inferences drawn from this personal information, depending on how you interact with the Services, where you live, and as permitted or required by applicable law:

• Contact details including your name, address, billing address, shipping address, phone number, and email address.
• Financial information including credit card, debit card, and financial account numbers, payment card information, financial account information, transaction details, form of payment, payment confirmation and other payment details.
• Account information including your username, password, security questions, preferences and settings.
• Transaction information including the items you view, put in your cart, add to your wishlist, or purchase, return, exchange or cancel and your past transactions.
• Communications with us including the information you include in communications with us, for example, when sending a customer support inquiry.
• Device information including information about your device, browser, or network connection, your IP address, and other unique identifiers.
• Usage information including information regarding your interaction with the Services, including how and when you interact with or navigate the Services.

We may collect personal information from the following sources:

• Directly from you including when you create an account, visit or use the Services, communicate with us, or otherwise provide us with your personal information;
• Automatically through the Services including from your device when you use our products or services or visit our websites, and through the use of cookies and similar technologies;
• From our service providers including when we engage them to enable certain technology and when they collect or process your personal information on our behalf;
• From our partners or other third parties.

Depending on how you interact with us or which of the Services you use, we may use personal information for the following purposes:

• Provide, Tailor, and Improve the Services. We use your personal information to provide you with the Services, including to perform our contract with you, to process your payments, to fulfill your orders, to remember your preferences and items you are interested in, to send notifications to you related to your account, to process purchases, returns, exchanges or other transactions, to create, maintain and otherwise manage your account, to arrange for shipping, to facilitate any returns and exchanges, to enable you to post reviews, and to create a customized shopping experience for you, such as recommending products related to your purchases. This may include using your personal information to better tailor and improve the Services.
• Marketing and Advertising. We use your personal information for marketing and promotional purposes, such as to send marketing, advertising and promotional communications by email, text message or postal mail, and to show you online advertisements for products or services on the Services or other websites, including based on items you previously have purchased or added to your cart and other activity on the Services.
• Security and Fraud Prevention. We use your personal information to authenticate your account, to provide a secure payment and shopping experience, detect, investigate or take action regarding possible fraudulent, illegal, unsafe, or malicious activity, protect public safety, and to secure our services. 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.
• Communicating with You. We use your personal information to provide you with customer support, to be responsive to you, to provide effective services to you and to maintain our business relationship with you.
• Legal Reasons. We use your personal information to comply with applicable law or respond to valid legal process, including requests from law enforcement or government agencies, to investigate or participate in civil discovery, potential or actual litigation, or other adversarial legal proceedings, and to enforce or investigate potential violations of our terms or policies.

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

• With Shopify, vendors and other third parties 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 marketing services and advertise to you. For example, we use Shopify to support personalized advertising with third-party services based on your online activity with different merchants and websites. Our business and marketing partners will use your information in accordance with their own privacy notices. Depending on where you reside, you may have a right to direct us not to share information about you to show you targeted advertisements and marketing based on your online activity with different merchants and websites. You can exercise your rights to opt-out of those uses here .
• When you direct, request us or otherwise consent to our disclosure of certain information to third parties, such as to ship you products or through your use of social media widgets or login integrations.
• With our affiliates or otherwise within our corporate group.

In connection with a business transaction such as a merger or bankruptcy, to comply with any applicable legal obligations (including to respond to subpoenas, search warrants and similar requests), to enforce any applicable terms of service or policies, and to protect or defend the Services, our rights, and the rights of our users or others.

You may choose to restrict the collection or use of your personal information in the following ways:

• whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
• if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by letting us know using our Contact Us information

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.

You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please email us this request using our Contact Us information.

If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

Our online store is hosted on Shopify. Shopify uses its own cookies to support secure checkout, store preferences, and improve performance.

For the full list of Shopify’s cookies and their purposes, click here.

Visit https://allaboutcookies.org/ for more information about managing cookies.

The Services are hosted by Shopify, which collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in countries other than where you reside, in order to provide and improve the Services for you. In addition, to help protect, grow, and improve our business, we use certain Shopify enhanced features that incorporate data and information obtained from your interactions with our Store, along with other merchants and with Shopify. To provide these enhanced features, Shopify may make use of personal information collected about your interactions with our store, along with other merchants, and with Shopify. In these circumstances, Shopify is responsible for the processing of your personal information, including for responding to your requests to exercise your rights over use of your personal information for these purposes. To learn more about how Shopify uses your personal information and any rights you may have, you can visit the Shopify Consumer Privacy Policy . Depending on where you live, you may exercise certain rights with respect to your personal information here Shopify Privacy Portal Link.

The Services may provide links to websites or other online platforms operated by third parties. 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 information found on these sites. Information you provide on public or semi-public venues, including information 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.

Last updated: 25-11-22

The Feather and Noise mobile message service (the "Service") is operated by (“Feather and Noise”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Feather and Noise’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Feather and Noise through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialling system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Feather and Noise. Your participation in this program is completely voluntary.

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 frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to FANDN or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Feather and Noise mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For service support or assistance email info@featherandnoise.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honouring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

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.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

Please get in touch via our Contact Us page if you have any further questions.