Privacy Policy

Last Modified July 22, 2022

We take your privacy very seriously. Please read this Policy carefully as it contains important information on who we are, how and why we collect, store, use, and/or share your personal information. It also explains your rights in relation to your personal information and how to contact us if you have any questions or concerns.

This Privacy Policy (the “Policy”) applies to the processing of personal information, subject to the California Consumer Privacy Act (“CCPA”), by Three Bird Nest, LLC (“3BN”, “we”, “our”, or “us”) through our website, products and services.

1. Key Terms. It would be helpful to start by explaining some key terms used in this policy:

We, us, our  Three Bird Nest, LLC (“3BN”)
1452 N Vasco Rd, Unit 241
Livermore, California 94551
Telephone: (925) 281-5332
E-mail: [email protected] 
Personal information Any information relating to an identified or identifiable individual.

 

2. Personal Information We Collect About You. In the last 12 months, we have collected the following categories of consumer personal information:

Categories of Personal Information Specific Types of Personal Information Collected
Identifiers (e.g., real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, social security number, driver's license number, passport number, or other similar identifiers) Your real name, alias, mailing address, physical address, billing address, unique personal identifier, online identifier, Internet Protocol address, email address, username, password, contact preferences.
Information that identifies, relates to, describes, or is capable of being associated with, a particular individual Your name, address, telephone number, and financial information (e.g. your credit card number and security code).
Commercial information Records of purchases.
Internet or other electronic network activity information Your browsing history, search history, online behavior, interest data, and information regarding your interaction with our Website, applications, systems, and advertisements.
Geolocation data Your geolocation data may be obtained through the use of targeting cookies/marketing cookies, social media cookies, beacons/pixels/tags, social media plugins.
Sensitive Personal Information

If you make a purchase, we may collect data necessary to process your payment, such as your credit card number, and the security code associated with your credit card. All payment data is stored by PayPal, Shopify, Shopify Pay, After Pay, Google Pay and/or Apple Pay.

You may find their privacy notice links here:

PayPal
Shopify
Shopify Pay
After Pay
Google Pay
Apple Pay

 

3. Other Data We May Collect. Outside of the categories listed above, we may collect other personal information through your interactions with us online, by phone, email, chat, or mail in the context of: 

  • Receiving help through our customer support channels;
  • Participation in customer surveys or contests; and
  • Facilitation in the delivery of your order; and
  • Responses to your inquiries.

 

4. How Your Personal Information is Collected.

  • Directly From You. We collect most of this personal information directly from you – via our website www.threebirdnest.com (the “Website”), by telephone, text and/or email.
  • Information Automatically Collected. We automatically collect certain information when you visit or navigate the Website. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Website, and other technical information. This information is primarily needed to maintain the security and operation of our Services, and for our internal analytics and reporting purposes.
    • Like many businesses, we also collect information through cookies and similar technologies. The information we collect includes:
      • Log and Usage Data. Service-related, diagnostic, usage, and performance information our servers automatically collect when you access or use our Website and which we record in log files. This log data may include your IP address, device information, browser type, settings and information about your activity on the Website (such as the date/time stamps associated with your usage, pages and files viewed, searches, and other actions you take, device event information (such as system activity, error reports and hardware settings).
      • Device Data. Information about your computer, phone, tablet, or other device you use to access the Website. This device data may include information such as your IP address (or proxy server), device and application identification numbers, location, browser type, hardware model, Internet service provider and/or mobile carrier, operating system, and system configuration information.
      • Location Data. Information about your device’s location, which can be either precise or imprecise. How much information we collect depends on the type and settings of the device you use to access the Website. For example, we may use GPS and other technologies to collect geolocation data that tells us your current location (based on your IP address). You can opt out of allowing us to collect this information either by refusing access to the information or by disabling your Location setting on your device.
  • Information Collected From Other Sources. In order to enhance our ability to provide relevant marketing, offers, and services to you, and to update our records, we may collect limited data from public databases, marketing partners, and other outside sources.

 

5. How and Why We Use Your Personal Information. We only process your information when we believe it is necessary and we have a valid legal reason (i.e. legal basis) to do so under applicable law, like with your consent, to comply with laws, to answer your requests, fulfil online orders, to protect your rights, or to fulfil our legitimate business interests.

A legitimate interest is when we have a business or commercial reason to use your information, so long as this is not overridden by your own rights and interests.

The table below explains what we use your personal information for and our reasons for doing so: 

What we use your personal information for Our reasons
To fulfill and manage your orders. We may process your information to fulfill and manage your orders, payments, returns, and exchanges made through the Website.

To comply with our legal and regulatory obligations.
To prevent and detect fraud against you or 3BN. For our legitimate interests or those of a third party, i.e. to minimize fraud that could be damaging for us and for you.
Conducting checks to identify our customers and verify their identity.

Other processing necessary to comply with professional, legal and regulatory obligations that apply to our business, e.g. consumer privacy rights or website security.		 To comply with our legal and regulatory obligations.
Gathering and providing information required by or relating to audits, inquiries or investigations by regulatory bodies. To comply with our legal and regulatory obligations.
Ensuring business policies are adhered to, e.g. policies covering security and internet use. For our legitimate interests or those of a third party, i.e. to make sure we are following our own internal procedures so we can deliver the best service to you.
Operational reasons, such as improving efficiency, training and quality control. For our legitimate interests or those of a third party, i.e. to be as efficient as we can in processing and delivering your order to you.
Ensuring the confidentiality of commercially sensitive information. For our legitimate interests or those of a third party, i.e. to protect trade secrets and other commercially valuable information.

To comply with our legal and regulatory obligations.
To evaluate and improve our Website, products, marketing, and your experience. For our legitimate interests or those of a third party, i.e. to be as efficient as we can in processing and delivering your order to you.

We may process your information when we believe it is necessary to identify usage trends, determine the effectiveness of our promotional campaigns, and to evaluate and improve our Website, services, products, marketing, and your experience.
Preventing unauthorized access and modifications to systems. For our legitimate interests or those of a third party, i.e. to prevent and detect criminal activity that could be damaging for us and for you.

To comply with our legal and regulatory obligations.
Ensuring safe working practices, staff administration and assessments. To comply with our legal and regulatory obligations

For our legitimate interests or those of a third party, e.g. to make sure we are following our own internal procedures and working efficiently so we can deliver the best service to you.
To send you marketing and promotional communications. For our legitimate interests or those of a third party, i.e. to promote our business to existing and former customers.

We may process the personal information you send to us for our marketing purposes, if this is in accordance with your marketing preferences. You can opt out of our marketing emails at any time.
To deliver targeted advertising to you. We may process your information to develop and display personalized content and advertising tailored to your interests, location, and more.
To facilitate account creation and authentication and otherwise manage user accounts. We may process your information so you can create and log in to your account, as well as keep your account in working order.
To respond to user inquiries/offer support to users. We may process your information to respond to your inquiries and solve any potential issues you might have with the requested service.
To request feedback. We may process your information when necessary to request feedback and to contact you about your purchase(s) and use of our Website.
To post testimonials. We may process your information if you choose to post product reviews or testimonials.

 

6. Promotional Communications. We may use your personal information to send you updates by email, text message, telephone or mail about our products or services, including exclusive offers, promotions or new products or services.

We have a legitimate interest in processing your personal information for promotional purposes (see above “How and Why we use Your Personal Information”). This means we do not usually need your consent to send you promotional communications. However, where consent is needed, we will ask for this consent separately and clearly.

We will always treat your personal information with the utmost respect and never sell it to other organizations for marketing purposes.

You have the right to opt out of receiving promotional communications at any time by: 

  • Contacting us at [email protected];
  • Using the “Unsubscribe” link in emails or “STOP” number in texts; or

We may ask you to confirm or update your marketing preferences if you instruct us to provide further products or services in the future, or if there are changes in the law, regulation, or the structure of our business.

7. Who We Share Your Personal Information With. We may share your personal information with third-party vendors, service providers, contractors, or agents (“third parties”) who perform services for us or on our behalf and require access to such information to do that work. The categories of third parties we may share personal information with are as follows: 

  • Service providers we use to help deliver our products and/or services to you, such as payment service providers, order fulfillment service providers, warehouses and delivery companies;
  • Other third parties and services we use to help us run our business, such as marketing agencies, data analytic service providers, ad networks, performance monitoring tools, retargeting platforms, affiliate marketing programs, sales and marketing tools, social networks, communication and collaboration tools, or website hosts; and
  • Third parties approved by you, including social media sites you choose to link your account to or third-party payment providers.

We only allow our service providers to handle your personal information if we are satisfied they take appropriate measures to protect your personal information. We also impose contractual obligations on service providers to ensure they can only use your personal information to provide services to us and to you.

We may disclose and exchange information with law enforcement agencies and regulatory bodies to comply with our legal and regulatory obligations.

We may also need to share some personal information with other parties, such as potential buyers of some or all of our business or during a re-structuring. We will typically anonymize information, but this may not always be possible. The recipient of the information will be bound by confidentiality obligations.

8. Personal Information We Sold or Disclosed for a Business Purpose.

In the preceding 12 months, we have not sold any personal information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.

In the preceding 12 months, we have disclosed for a business purpose to one or more third parties the following categories of personal information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household: 

  • Identifiers (e.g., a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers);
  • Information that identifies, relates to, describes, or is capable of being associated with, a particular individual, including, but not limited to, his or her name, signature, physical characteristics or description, address, telephone number, bank account number, credit card number, debit card number, or any other financial information;
  • Commercial information (e.g., records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies);
  • Internet or other electronic network activity information (e.g., browsing history, search history, and information regarding a consumer’s interaction with the Website, application, or advertisement);
  • Geolocation data;
  • Inferences drawn from any of the information identified above to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, abilities, and aptitudes.

9. Where Your Personal Information is Held. Information may be held at our offices and those of our third party agencies, service providers, representatives and agents as described above (see above: “Who We Share Your Personal Information with”).

Some of these third parties may be based outside the European Economic Area. For more information, including on how we safeguard your personal information when this occurs, see below: “Transferring Your Personal Information Out of the EEA”. 

10. How Long Your Personal Information Will Be Kept. We will keep your personal information while you have an account with us or while we are providing products or services to you. Thereafter, we will keep your personal information for as long as is necessary:

  • To respond to any questions, complaints or claims made by you or on your behalf;
  • To show that we treated you fairly; or
  • To keep records required by law.

We will not retain your personal information for longer than necessary for the purposes set out in this policy. When it is no longer necessary to retain your personal information, we will delete or anonymize it.

11. Your Rights Under the CCPA. California residents have the right under the California Consumer Privacy Act of 2018 (CCPA) and certain other privacy and data protection laws, as applicable, to exercise free of charge: 

Disclosure of Personal Information We Collect About You

You have the right to know:

  • The categories of personal information we have collected about you;
  • The categories of sources from which the personal information is collected;
  • Our business or commercial purpose for collecting or selling personal information;
  • The categories of third parties with whom we share personal information, if any; and
  • The specific pieces of personal information we have collected about you.
  • Please note that we are not required to:
  • Retain any personal information about you that was collected for a single one-time transaction if, in the ordinary course of business, that information about you is not retained;
  • Reidentify or otherwise link any data that, in the ordinary course of business, is not maintained in a manner that would be considered personal information; or
  • Provide the personal information to you more than twice in a 12-month period.
Personal Information Sold or Used for a Business Purpose In connection with any personal information we may sell or disclose to a third party for a business purpose, you have the right to know:

The categories of personal information about you that we sold and the categories of third parties to whom the personal information was sold; and

The categories of personal information that we disclosed about you for a business purpose.

You have the right under the California Consumer Privacy Act of 2018 (CCPA) and certain other privacy and data protection laws, as applicable, to opt-out of the sale or disclosure of your personal information. If you exercise your right to opt-out of the sale or disclosure of your personal information, we will refrain from selling your personal information, unless you subsequently provide express authorization for the sale of your personal information.

To opt-out of the sale or disclosure of your personal information, click on the Do Not Share or Sell My Personal Information link here: https://www.threebirdnest.com/pages/privacy-rights
Right to Deletion

Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:

  • Delete your personal information from our records; and
  • Direct any service providers to delete your personal information from their records.
  • Please note that we may not delete your personal information if it is necessary to:
    • Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;
    • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
    • Debug to identify and repair errors that impair existing intended functionality;
    • Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;
    • Comply with the California Electronic Communications Privacy Act;
    • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;
    • Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;
    • Comply with an existing legal obligation; or
    • Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.
Protection Against Discrimination

You have the right to not be discriminated against by us because you exercised any of your rights under the CCPA. This means we cannot, among other things: 

  • Deny goods or services to you;
  • Charge different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties;
  • Provide a different level or quality of goods or services to you; or
  • Suggest that you will receive a different price or rate for goods or services or a different level or quality of goods or services.
Please note that we may charge a different price or rate to you, if that difference is reasonably related to the value provided to our business by your personal information.

 

12. Keeping Your Personal Information Secure. We have appropriate security measures in place to prevent personal information from being accidentally lost or used or accessed in an unauthorized way. We limit access to your personal information to those who have a genuine business need to access it. Those processing your information will do so only in an authorized manner and are subject to a duty of confidentiality. We continually test our systems and are ISO 27001 certified, which means we follow top industry standards for information security. We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so. 

13. How to Exercise Your Rights. If you would like to exercise any of your rights as described in this Privacy Policy, please: 

  • Complete a data subject request form available on our website at https://threebirdnest.zendesk.com/hc/en-us/requests/new;
  • Email us at [email protected]; or
  • Mail a request to:
Three Bird Nest, LLC
1452 N Vasco Rd, Unit 241
Livermore, CA 94551
United States
Please note that you may only make a CCPA-related data access or data portability disclosure request twice within a 12-month period.

Please provide the following information with your request:
  • Enough information to identify you (e.g., your full name, address, email address, telephone number, and customer or matter reference number);
  • Proof of your identity and address (e.g., a copy of your driving license or passport and a recent utility or credit card bill); and
  • A description of what right you want to exercise and the information to which your request relates.
We are not obligated to make a data access or data portability disclosure if we cannot verify that the person making the request is the person about whom we collected information, or is someone authorized to act on such person’s behalf.

Any personal information we collect from you to verify your identity in connection with you request will be used solely for the purposes of verification.
14. Changes to This Privacy Notice. We may change or update this privacy notice from time to time. The updated version will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information. 
15. How to Contact Us. Please contact us by mail, email or telephone if you have any questions about this Privacy Policy or the information we hold about you.

Our contact details are shown below: 
Three Bird Nest, LLC (“3BN”)
1452 N Vasco Rd, Unit 241
Livermore, California 94551
Tel.: (925) 281-5332
E-mail: [email protected]
16. Do You Need Extra Help? If you would like this notice in another format (for example: audio, large print, braille) please contact us (see “How to Contact us” above).