LAST UPDATED: OCTOBER 2026
BIRDSNEST PRIVACY POLICY
Birdsnest Pty Ltd is dedicated to keeping your details private. Your privacy is important to us, and we're committed to looking after your personal information.
This Privacy Policy explains how we collect, use, store, and share your information in line with Australian privacy laws, including the Australian Privacy Principles. We've designed it to be easy to understand, much like how we want your shopping experience to be easy and straight forward.
We are always very happy to answer any questions you may have regarding privacy, so get in contact with us.
THE PERSONAL INFORMATION WE COLLECT
Personal information is any information that identifies you or makes you identifiable. Any information that is anonymized or aggregated is no longer personal information. When you interact with us, we may collect personal information like your:
- Name
- Email address
- Phone number
- Billing and shipping address
- Payment details
- Order & Transaction history
- Browsing & interaction data (via cookies)
- Marketing preferences
- Customer service communications
- Style preferences, including colour season result
- IP address and device information
- Photos you upload to Find Your Season, which are used temporarily for analysis and then deleted
- Email engagement information, such as whether you open our emails and the links you click.
This can happen when you :
- Create an account on our website
- Make a purchase or request a return
- Sign up for our newsletter
- Get in touch for help or information
- Take part in promotions, surveys, or contests
- Apply for a job with us
- Upload a photo to Find Your Season or enter your email to save your colour season result.
We use CCTV at our stores, entrances and car parks to help keep our customers, team and premises safe, and to help prevent theft and investigate incidents. CCTV is not used in private areas such as fitting rooms or bathrooms. Signage at our store entrances lets you know where CCTV is in use and that your image may be recorded. We only use or share CCTV footage for the purposes outlined above, unless required or authorised by law, or where you have consented to another use.
We take reasonable steps to make sure the personal information we collect, use or share is accurate, complete and up to date, and appropriate for the purpose it’s being used for. If something changes, you can update your details in your account or let us know.
HOW WE USE YOUR INFORMATION
We use your personal information to enhance your birdsnest experience by:
- Allowing you to login to your account
- Processing your orders and returns
- Delivering our fabulous products
- Providing top-notch customer support
- Keeping you updated on your orders and inquiries
- Sending you exciting news and offers via email and sms (if you’ve opted in)
- Conducting research and product development
- Helping prevent fraud and keep our website and services secure
- Personalising your experience and the content and advertising you see
- Analysing your uploaded photo to suggest a colour season
We process your information based on your consent, our contractual obligations to you, legal requirements, or our legitimate interests.
SHARING YOUR INFORMATION WITH OTHERS
We do not rent or sell your information to third parties outside birdsnest. We only share your personal information with third parties when it’s necessary to provide our services including:
- Payment processing
- Deliveries and logistics
- Customer Support
- Marketing and website analytics
- For AI colour analysis - your photo is processed by OpenAI on our behalf.
- Legal or regulatory authorities (if required by law)
We may remove parts of data that can identify you and share anonymized data with other parties. We may also combine your information with other information in a way that it is no longer associated with you and share that aggregated information.
Any information or content that you voluntarily disclose for posting (User Content), becomes available to the public, as controlled by any applicable privacy settings that you set. Once you have shared User Content or made it public, that User Content may be re-shared by others. We will handle any personal information included in that content in accordance with this Privacy Policy. Photos you upload to Find Your Season are used to provide your colour analysis. They are not published or treated as publicly shared User Content.
LOOKING AFTER YOUR INFORMATION
We take reasonable steps to keep your personal information safe and protect it from misuse, interference, loss, unauthorised access, modification or disclosure. These include secure systems, encryption, access controls, staff training and other technical and organisational safeguards.
While no online system can be completely secure, we work to protect the personal information we hold. You can help by keeping your password and account details secure and letting us know if you think your account has been compromised.
Payment information is transmitted securely and handled using appropriate payment security standards. We do not store your full credit card details on our web servers.
If we suspect a data breach involving your personal information, we’ll assess it promptly. Where required under the Notifiable Data Breaches scheme, we’ll notify affected individuals and the OAIC as soon as practicable and provide information to help you protect yourself.
YOUR CHOICES AND RIGHTS
You have the right to:
- Request access to the personal information we hold about you
- Ask us to correct information that is inaccurate or out of date
- Withdraw consent (if you've given it)
- Opt out of marketing
- Lodge a complaint with the relevant authority
You can opt out of marketing at any time using the unsubscribe link in our emails, replying STOP to an SMS, or contacting us. We’ll action electronic opt-outs within 5 working days. If you ask us where we obtained the personal information used to contact you for marketing, we’ll let you know within a reasonable time.
Where it is lawful and practicable to do so, you can choose not to identify yourself, or use a pseudonym, when dealing with us. For example, you may browse our website or make a general enquiry without providing personal information. However, for certain activities, such as creating an account and placing an order, we will need to know who you are.
To exercise your rights or update your preferences, just email us at privacy@birdsnest.com.au. Provide a clear description of your request regarding your personal information and any relevant supporting documents or evidence. Please refer to Section 11 below for a complete description of the process we will follow to handle and resolve your request.
COOKIES & ONLINE TRACKING
We use cookies and similar technologies to help enhance the birdsnest experience. They help us to understand how our customers use our site, keep you signed in, remember items in your shopping cart and wishlist, and personalise the content and advertising you see on our site and elsewhere. Information collected through cookies and similar technologies may include personal information, such as your IP address, device information and browsing activity. Where it does, we handle it in accordance with this Privacy Policy.
You can manage your
We also collect information from emails sent to you. This information may include Internet Protocol ("IP") address, browser type, number of clicks and which links are clicked, and other such information which helps us track which emails are opened and how you interact with links on the emails. This information allows us to improve our communications and provide you with personalised content.
YOUR PRIVACY AND EXTERNAL WEBSITES
Our website may have links to other sites. Our Privacy Policy doesn’t apply to them, so be sure to check their privacy policies before sharing your information.
INTERNATIONAL DATA TRANSFERS
We may share personal information with service providers located outside Australia, including in the US, Canada, Singapore and New Zealand, to help us provide services such as payments, delivery, customer support, marketing, technology and analytics.
Where we disclose personal information overseas, we take reasonable steps to ensure it is handled in accordance with Australian privacy law.
RETENTION
Following deactivation of your birdsnest account, we may retain your personal information for a commercially reasonable time for backup, archival, and/or audit purposes, or as long as necessary to comply with our legal obligations, to resolve disputes, to enforce our agreement, or when we no longer need it for the purposes we originally collected it for.
Any photos you publicly submit to the website may be kept and displayed for as long as they are needed for the purpose for which they were provided. You can also request to have these images removed. To request image removal, you must send an email to privacy@birdsnest.com.au along with the image you wish to remove and where it is displayed in the website.
We recognize that retention requirements can vary between jurisdictions, but we generally apply the retention periods described below.
MARKETING CONTACT INFORMATION
We will retain your marketing contact information until you unsubscribe from our marketing communications. Upon your request to unsubscribe, we will store your contact information on our suppression list to ensure we do not send you marketing communications in the future.
ORDER HISTORY
Information related to your orders such as items purchased, payment records, items returned and delivery address may be retained after the closure of your account where needed for legal claims, audit, tax and accounting, or fraud and crime prevention purposes. We will retain this information only for as long as it is needed or required by law, after which we will take reasonable steps to destroy or de-identify it. for the
WEB BEHAVIOUR DATA
Any cookie information is retained up to 14 months from the date of collection.
CCTV FOOTAGE
CCTV Footage is stored securely with access restricted to authorised personnel only, and is retained for 14 days unless it captures an incident requiring further investigation, in which case it may be retained for as long as necessary for that purpose. Once no longer needed, footage is securely deleted or destroyed.
COLOUR ANALYSIS
birdsnest retains your photo for up to 15 minutes to provide the analysis, after which it is deleted from our systems. OpenAI may securely retain information sent to and received from its API, including your photo and analysis result, for up to 30 days to provide its services and identify misuse. It may retain information for longer where required by law or where reasonably necessary to protect its services or others from harm. Both birdsnest and OpenAI use encryption to protect your photo while it is stored and transmitted.Your photo and colour analysis results are not used to train OpenAI’s AI models.
CHANGES TO THIS PRIVACY POLICY
We may update this Privacy Policy from time to time to ensure it stays current with changes in privacy practices and laws. We’ll let you know when we update it, so keep an eye on the “Last updated” date at the top of this page. By continuing to use our website and services, you’re agreeing to our updated Privacy Policy.
CONTACT US
If you have any questions or concerns about your privacy rights or your account information, please get in touch with us at privacy@birdsnest.com.au. We’re committed to addressing your request in a timely and effective manner. The following describes the process we will follow to handle and resolve your request:
1. ACKNOWLEDGMENT OF REQUEST
Once we receive your email, we will promptly acknowledge its receipt, usually within one business day.
2. INVESTIGATION & ASSESSMENT
We will thoroughly review your request and investigate the matter in a fair and objective manner. This may involve contacting you for additional information if needed.
3. KEEPING YOU INFORMED
We will keep you updated on the progress of the investigation and provide an estimated timeframe for resolving your request, taking into account the complexity of the matter. In most situations we aim to provide a response concerning the outcome of the matter within 30 days.
4. RESOLUTION AND ACTION
Once the investigation is complete, we will provide you with a written response setting out our findings and any action we will take, including any steps to remedy the matter.
5. ESCALATING YOUR COMPLAINT
If you are dissatisfied with our response, you may lodge a complaint with the Office of the Australian Information Commissioner (OAIC), For more information on how to lodge a complaint, please visit the OAIC website https://www.oaic.gov.au/privacy/privacy-complaints or calling 1300 363 992.
By shopping with us and using our website and services, you’re agreeing to our collection, use, storage, and sharing of your personal information as outlined in this Privacy Policy. Thank you for being part of our Nest, we promise to treat your information with the care and respect it deserves.