Privacy Policy

Effective Date: February 19th, 2021

Jenny Bird Holdings Inc. and its affiliates (collectively, “Jenny Bird,” “we,” “us,” or “our”) is committed to protecting your privacy. This Privacy Policy (“Policy”) explains how we collect, use, disclose and protect Personal Information (as it is defined below) of our customers and users. It applies to all Personal Information collected by us on www.jenny-bird.ca (the “Site”), and any other website or mobile application that links to this Policy, as well as during any written, electronic, and oral communications (the “Services”). 

We reserve the right to update or modify this Policy at any time and from time to time without prior notice. If we make any material changes to the way we process your Personal Information, we will notify you before such changes are effective. If you object to any changes you must cease using our Services. We recommend you review this Policy periodically. This Policy became effective on the date indicated at the top of this page. Your continued use of our Services after any changes or revisions to this Policy indicates your agreement to the terms of the revised Policy.

   1.    Collection of Personal Information 

When you use our Services, we may collect or receive Personal Information about you to provide our services and operate our business. The types of Personal Information that we may collect about you are:

   a.      Information You Provide to Us Directly

You may provide your Personal Information to us when you use our Services, including when you create an account with Jenny Bird (“Jenny Bird Account”), search within or make a purchase through our Services, contact us with inquiries, respond to surveys, or otherwise access our Services. This information may include:

• User Profile – We collect Personal Information associated with your Jenny Bird Account. This includes information such as name, email address, delivery address, and phone number.

• Purchase Details – When you make a purchase through our Services we collect information related to that purchase. This may include information such as items purchased, special instructions, date and time of purchase, and subtotal. 

• Payment Information – Payment information is collected such as bank name and payment method. 

• Surveys – From time-to-time, we invite our customers and users to participate in surveys or contests. When a customer or a user participates, we request certain Personal Information such as name and email address. Please note that contests exclude residents of Quebec, unless otherwise specified.

    b.    Information Received From You as Part of Your Communications

When you use our Services (for example on our Site), complete electronic forms, communicate with us or contact us by online chat, email or phone, we may automatically collect and store certain information about you and the activity you engaged in, for example: your name and contact information; your purchase details; information that you voluntarily provide to us; the nature of your communication; the purpose of the interaction, and the action we took in response to your inquiry or request. 

    c.     Information Collected Automatically 

We also may receive and store certain information about you and your device(s) automatically when you access or use our Site and Services. This information may include:

• Technical Information – We collect technical information associated with your activity on our Site and may include information related to your browser and operating system, IP address (the Internet address of your computer) unique device identifiers, and other information such as your device type. We use such information for diagnostic and statistical purposes and to administer our Services.

• Site Usage Information – We collect information to better understand customer traffic patterns and Site usage. This may include the webpage that you were visiting before accessing our Site or mobile application, the pages or features of our Site or mobile application you browsed to inform us which part of our Site, app and Services you visit and how much time you spend there. This information is used to analyze and improve our Site and to provide our customers with a better user experience

• Site Preferences – We collect information about your preferences to make your use of the Site more productive through the use of cookies.

     d.    Location Information

When you use the Services, we may collect general location information (such as IP address). This information may be used to provide recommendations to you, and to enhance your user experience and improve the services. 

     e.    Information Related to the Referral Program

Jenny Bird allows users to invite friends and family to sign up for our Services. Sometimes we offer a promotional value for every friend or family member who signs up and makes a purchase through your referral link. By choosing to invite a friend you represent that you have received the friend’s consent to provide his or her name and email address with us. Jenny Bird may use that information to send an email inviting him or her to visit the site and will store that information to track the success of the referral program and may send marketing emails. 

You may not send, publish, or share any false, misleading, or deceptive communications in connection with participation in the Referral Program. Such actions may violate various federal, state, and/or international laws, including, but not limited to, the regulations and policies promulgated by the Federal Trade Commission. You may not send any referral emails, SMS messages, or other communications to children under the age of 13.

 If you are referred to Jenny Bird through one of our referral programs, or if someone attempts to refer you, we may share your name, whether you have already signed up for Jenny Bird, whether you are a new customer, and whether you have made a purchase with Jenny Bird with the person(s) who referred you.

     f.  Personal Information from Publicly Available Sources and Third Parties

We may collect or receive Personal Information about you from publicly available sources, social network providers, marketing partners, and/or third parties. This may include:

• Social Network Information – We may receive information about you from other services. For example, we receive certain information from Facebook when you interact with our Facebook page. 

• Demographic Information – This characteristic information could include information such as income, marital status, spending habits, and other information pertaining to customers.    

         2.  Use of Cookies and Other Tracking Technologies

We use cookies, web beacons, pixels, and similar technologies to collect information and personalize your experience with our Services. 

       a.   Cookies

Cookies are small web files that a site or its provider transfers to your device’s hard drive through your web browser that enables the site’s or provider’s system to recognize your browser and remember certain information.  

How We Use Cookies – We use first-party and third-party cookies for the following purposes:

• to make our Services function properly;
• to improve our Services;
• to recognize you when you return to the Site (or one of our other Services) and to remember information you have already provided, such as items already in your order cart;
• to collect information about your activities over time and across third party websites or other online services in order to deliver content and advertising tailored to your interests; and
• to provide a secure browsing experience during your use of our Services.

  How to Manage Cookies – You may disable the use of cookies by modifying your browser settings. If you choose to disable cookies you may not be able to fully experience the interactive features of our Services. For more information on cookies and how to disable cookies visit www.ftc.gov/ftc/cookies.shtm or https://www.usa.gov/optout_instructions.shtml

       b.    Web Beacons

Web beacons, also known as web bugs, pixel tags or clear GIFs, are tiny graphics with a unique identifier that may be included on our Site to deliver or communicate with cookies, in order to track and measure the performance of our Site and Services, monitor how many web visitors we have, and to monitor the effectiveness of our advertising. Unlike cookies, which are stored on the user’s hard drive, web beacons are typically embedded invisibly on webpages (or in an email).

      c.   Online Analytics and Advertising Technologies

We and our third-party vendors may use automated technologies (including cookie identifiers on our Site), along with other collected information, to tailor ads or deliver content when you are on our Services or on other devices, apps or websites.

      d.    Interest-Based Advertising

We (or our service providers) may use the information we collect, for instance, IP addresses and unique mobile device identifiers, to locate or try to locate the same unique users across multiple browsers or devices (such as smartphones, tablets, or computers), or work with providers that do this, in order to better tailor content and features and provide you with a seamless experience across devices. If you wish to opt out of cross device tracking for purposes of interest-based advertising, you may do so through your device settings. We may also use cross-device targeting to help identify our users and serve advertising. This type of advertising is often called “interest-based” or “personalized” advertising—and when it occurs on mobile apps, “cross-app” advertising.

You can learn more about interest-based advertising and how to opt-out of receiving tailored advertising by visiting (i) the Network Advertising Initiative’s Consumer Opt-Out link or (ii) the Digital Advertising Alliance’s Consumer Opt-Out link. To opt out of Google Analytics for display advertising or customize Google display network ads, you can visit the Google Ads Settings page.

Please note that even if you opt-out, you may still receive advertisements from us. However, in that case, the advertising will not be tailored to your interests. Also, we do not control any of the above opt-out links or whether any particular company chooses to participate in these opt-out programs.

       e.    Mobile Applications

Depending on your permissions, we may receive your Personal Information from your Internet service and mobile device providers. Users of mobile device who do not want to receive interest-based advertising may opt-out in several ways. Learn more about your choices for mobile devices by visiting http://www.aboutads.info/appchoices. Each operating system, (iOS for Apple phones, Android for Android devices, and Windows for Microsoft devices) provides its own instructions on how to prevent the delivery of tailored in-application advertisements. You should view your device or system “Settings” to determine how you can opt out of use of your device ID for “cross-app” personalized advertising.

     3.  Use of Your Personal Information

We may use the information we collect or receive about you for various purposes.

     a.    To Provide You With Our Services

We use your information to provide you the Services. For example, we use credit card information to complete a transaction or an address to fulfill your purchase order. If the applicable information is to be provided or Service is to be performed by a third party, then we will disclose the applicable Personal Information to the third party providing the information or performing applicable Services. Your information may be available or provided to third-party service providers (such as the post office and credit card companies) and that are contractually obligated to protect your information as disclosed in this Policy.

     b.    To Maintain, Improve, and Personalize the Services

We use your information for our everyday business operations such as auditing, administration of the Services, forum management, fulfillment, and analytics. Your information may also be used to improve the content and/or functionality of the Services. For example, it may be used to help us improve our offerings. We also use your information to personalize your experience. For example, we may personalize the content and features you see when visiting our Services. In addition, we may personalize advertisements, marketing communications, and recommendations to make them more tailored to your interests.

     c.    To Communicate with You

We use your information to communicate with you. We may contact you with promotional offerings or other communications that may be of interest to you. If we send you marketing emails about services that may interest you, each email will contain instructions permitting you to “unsubscribe” of receiving future marketing or other communications within 10 days.

In the event you contact us, we use certain information to respond to your questions and assist you with any issues that may arise in your use of the Services. 

    d.   For Account and Network Security Purposes

We care about keeping you secure and safe while using our Services. Keeping you safe requires us to process your Personal Information, such as your device information, activity information and other relevant information. We use such information to combat spam, malware, malicious activities or security risks; improve and enforce our security measures; and to monitor and verify your identity so that unauthorized users do not gain access to your information.

    e.   To Maintain Legal and Regulatory Compliance

Our Services are subject to certain laws and regulations which may require us to process your Personal Information. For example, we process your Personal Information to pay our taxes, to fulfill our business obligations, ensure compliance with employment and recruitment laws or as necessary to manage risk as required under applicable law.

   f.   To Enforce Compliance with Our Terms of Service and Policies

When you access or use our Services, you are bound to our Terms of Service and this Policy. To ensure you comply with them, we process your Personal Information by actively monitoring, investigating, preventing and mitigating any alleged or actual prohibited, illicit or illegal activities on our Services. We also process your Personal Information to: investigate, prevent or mitigate violations of our internal terms, agreements or policies; enforce our agreements with third parties and business partners.

    g.   To Protect You, Others, and Our Business

We use your information to protect you, others, and our business, including, without limitation, using information for fraud prevention, for enforcement of our Terms of Service, to comply with the law, and to protect against security risks.

    h.   For Our Business Purposes 

We may use your information for any other purpose disclosed to you at the time we collect or receive the information, or otherwise with your consent.

   4.   Sharing of Personal Information with Third Parties

Your Personal Information is not shared with third parties without your permission, except as described below.

   a.   Service Providers

 We may share your information with our third-party service providers for certain business purposes. This information is provided in order for them to provide us services such as payment processing, advertising services, marketing partners, web analytics, data processing, IT services, customer support and other services. These third-party service providers have access to your Personal Information only for the purpose of performing services on our behalf and are expressly obligated not to disclose or use your Personal Information for any other purpose.

    b.   When Required by Law

We recognize that information related to your orders could contain private information. However, we may be required to disclose your information to third parties including law enforcement agencies when required to protect and defend our legal rights, protect the safety and security of users of our Services, prevent fraud, comply with the law, respond to legal process, or a request for cooperation by a government entity. 

    c.    Corporate Transactions

In the event of sale, transfer, merger, reorganization, dissolution, or similar event we may transfer your information to one or more third parties as part of that transaction.

    d.   With Your Consent 

We also may share or disclose your information with your consent or at your direction. 

  5.   Security

Jenny Bird has implemented administrative, technical, and physical security controls that are designed to safeguard Personal Information. However, no online activity is ever fully secure or error-free. While we strive to protect your information, we cannot guarantee that your Personal Information is absolutely secure. Please keep this in mind when disclosing any information to Jenny Bird.

Please recognize that protecting your Personal Information is also your responsibility. We urge you to take every precaution to protect your information when you are on the Internet, or when you communicate with us and with other through the Internet. Change your passwords often, use a combination of letters and numbers, and make sure you use a secure browser. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of your account might have been compromised), or if you suspect someone else is using your account, please let us know immediately by contacting us as indicated in the Contact Us section below.

   6.   Data Retention

We will retain your Personal Information for as long as your account is active or as needed to provide you services and to maintain a record of your transactions for financial reporting purposes. We will also retain and use your Personal Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

  7.   Third-Party Sites

Some of the functionality may be provided by third parties and the Services may link to other third-party websites that are not controlled by Jenny Bird. These third parties are not under our control and Jenny Bird is not responsible for their privacy policies or practices. If you provide any Personal Information to any third party or through any such third-party website, we recommend that you familiarize yourself with the privacy policies and practices of that third party.

  8.    Social Media Usage

You may choose to enable or log in to our Services via various online services, including social networking services like Facebook and Google. Our Services also may enable you to access social networking services such as Facebook, YouTube, Pinterest, Twitter, or Instagram (collectively, “Social Network”) directly or indirectly through our Services.

When you interact with one of our Social Network account, we may collect relevant Personal Information necessary to enable our Services to access that Social Network and your data contained within that Social Network. We may also share your information with the operator of that Social Network to facilitate or enhance delivery of that Social Network or other services to you. A Social Network may provide us with access to certain information that you have provided to them, and we will use, store, and disclose such information in accordance with this Policy. 

Additionally, a Social Network may collect Personal Information and information about your use of our Site or Services automatically. The manner in which a Social Network collects, uses, stores, and discloses your information is governed by the policies of such third parties and Jenny Bird shall have no liability or responsibility for the privacy practices or other actions of any Social Network that may be enabled within our Services.

You may also have the option of posting your activities on our Services and other content to a Social Network when you access content through our Services. For example, you may post to Facebook that you purchased an item from us. Keep in mind that your usage of Social Network features is governed by applicable Social Networks and not by Jenny Bird, and may be visible or accessible to the public.

   9.   Children’s Information

Our Services are not intended for children under 13 years of age and we do not knowingly collect Personal Information from children under the age of 13. If you are a parent or guardian of a child under the age of 13 and believe he or she has disclosed personally identifiable information to us please contact us at customercare@jenny-bird.com. A parent or guardian of a child under age 13 may review and request deletion of the child’s Personal Information.

  10.  Your Choices 

We provide our customers and their authorized agents with the ability to access and delete certain Personal Information. In order to exercise these rights you must login to your account to confirm your identity, which helps us ensure that Personal Information is only made accessible to appropriate parties. Customers will not receive discriminatory treatment for exercising their rights and can return to the service after deleting their information.  

   a.   Your Rights 

This section lists the privacy-related rights (“Rights”) we extend to all of our customers. Your right to know and right to deletion are not absolute and are subject to certain exceptions. For instance, we cannot disclose specific pieces of Personal Information if the disclosure would create a substantial, articulable, and unreasonable risk to the security of the Personal Information, your account with us or the security of our systems.

• Right to Know – You have the right to know the Personal Information we collect, use, disclose, and sell about you. 
• Right to Deletion – You have the right to request that we delete any Personal Information we have collected from you or maintain about you. We may save Personal Information when permitted by applicable law including, without limitation, when the information is needed for a legal purpose. 
• Right to Rectification – If you have a Jenny Bird Account, you may modify certain of your Personal Information by logging into our Site using your username and password and visiting the “Account” page.  
• Right to Opt-Out of the Sale of Your Personal Information – You have the right to opt-out of having your Personal Information sold. Jenny Bird does not sell or rent Personal Information to third parties.
• Right to Non-Discrimination – Jenny Bird will not discriminate against those who exercise their Rights. Specifically, if you exercise your Rights, we will not deny you goods or Services, charge you different prices or rates for goods or Services or provide you a different level or quality of goods or Services.

    b.   Asserting Your Rights

You may exercise your right to know or your right to deletion by logging on to your Jenny Bird Account or contacting us at customercare@jenny-bird.com. We may ask you to verify your identity if you are contacting us through online chat, email, or phone. You may also designate an authorized agent to make a request to know or a request to delete. In order to be able to act, authorized agents have to submit proof that they are authorized to act on your behalf, or have a power of attorney. We may deny requests from authorized agents who do not submit proof that they have been authorized by you to act on their behalf.

For Personal Information that we have collected that is not accessible through the Jenny Bird Account, you can request, in writing, that we correct an error or omission to your Personal Information or delete your Personal Information.  We will respond to written requests within 30 days, or alternatively, the timeframe prescribed by the relevant legislation.

   11.   California Residents 

Pursuant to the California Consumer Privacy Act of 2018, below is a summary of the Personal Information we collected from consumers, the reason we collected the Personal Information, where we obtained the Personal Information we collected, and the third parties with whom we may share consumer Personal Information. The section references relate to the sections above in this Policy.

Personal Information	Sources of Personal Information	Why We Collect Personal Information?	To Whom May We Disclose Personal Information?
Identifiers such as a name, address, unique personal identifier, email, phone number	See Sections 1 a., b, c, d, e, f, 2 a, d, e. above.	See Sections 3 a, b, c, d, e, f, g. h, above.	See Sections 4. a, b, c, d above.
Customer records such as signature	See Sections 1 a, b, e, f, 2 d, e. above.	See Sections 3 a, b, c, e, f, h, above.	See Sections 4 a, b, c, d above.
Commercial information such as records of products or services purchased, obtained, or considered	See Section 1 a., b, 2 a above.	See Sections 3 a, b, c, e, h, above.	See Sections 4 a, b, c, d above.
Internet or other electronic network activity information, including browsing history and search history	See Sections 1 a., b, c, d, e, f, 2 a, b, c, d, e. above.	See Sections 3 a, b, c, d, f, h, above.	See Sections 4 a, b, c, d above.
Geolocation data that is sufficient to identify a precise physical location	See Section 1 d, above.	See Sections 3 a, b, above	See Sections 4 a, b, c, d  above.
Sensory data, such as audio, electronic, visual, or other similar information	See Section 1 a., b above.	See Sections 3 a, b, c, above.	See Sections 4 a, b, c, d  above.
Professional or employment-related information	See Section 1 a., b, f, above.	See Sections 3 a, b, c, above.	See Sections 4 a, b, c, d above.
Education information	See Section 1 a, b above.	See Sections 3 a, b, c, above.	See Sections 4. a, b, c, d above.
Inferences about preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes	See Sections 1 a., b, c, d, e, f, 2 a, b, c, d, e. above.	See Sections 3 a, b, c, above.	See Sections 4 a, b, c, d above.

 California Minor Content Removal

If you are a resident of California, under 18 and a registered user of our Services, you may ask us to remove content or information that you have posted to these Services by contacting us below.  Please note that your request does not ensure complete or comprehensive removal of the content or information, as, for example, some of your content may have been reposted by another user.

California Do Not Track Disclosure

Do Not Track is a privacy preference that users can set in their web browsers.  When a user turns on the Do Not Track signal, the browser sends a message to websites requesting them not to track the user.  At this time, we do not respond to Do Not Track browser settings or signals.  For information about Do Not Track, please visit: www.allaboutdnt.org

    12.   International Users

Jenny Bird is based in the Canada and, regardless of where you use our Services, the information collected as part of that use will be transferred to and maintained on servers located in the Canada. Any information we obtain about you will be stored in accordance with Canadian privacy laws, regulations, and standards, which may not be equivalent to the laws in your country of residence. By using our Services, you consent to this collection, transfer, storage, and processing of information to and in Canada.

European Union Data Transfers

For transfers from the European Economic Area or EEA to countries not considered adequate by the European Commission (the full list of countries deemed adequate by the European Economic Area is available here), we have put in place adequate measures, such as standard contractual clauses adopted by the European Commission to protect your personal information. 

    13.   Contact Us

If you have any questions or concerns relating to this Policy or our privacy practices please contact us at: 

Adam Kohn
Jenny Bird Holdings Inc.
100-174 Spadina Ave. 
Toronto, ON  M5T2C2
Tel.  (647) 346-2473
Fax. (647) 342-0528
Email   customercare@jenny-bird.com 

Privacy FAQ can be found here under section 8 "Privacy".