Privacy Police

§1. GENERAL

This Privacy Police ("Privacy Notice" or "Notice") describes how we collect, use, share, manage or disclose or generally process your personal information as a visitor or customer when you visit or use our websites, applications, digital services, or any related products, services, sites, features or functionalities (each a "Service", collectively the "Services") that link to this Privacy Notice, and how Qarted collects, uses, shares, processes and manages your personal information.

We collect and use your personal information and in accordance with applicable data protection and privacy laws ("Data Protection Laws"), to keep it secure and recognize and respect your privacy rights. We have included below specific provisions relevant to users in different regions.

(a) European Privacy Rights - General Data Protection Regulation ACT (EU) 2016/679 EU of April 27, 2016 (GDPR and also referred to as RODO)
(b) Nevada Privacy Rights
(c) California Privacy Rights
(d) Virginia Privacy Rights

We use the terms "personal data" and "personal information" interchangeably in this Privacy Notice, and they mean any information about a living individual from which that individual can be identified. By "processing", we refer to any operation or set of operations performed upon personal data, which means anything that is done to, or with, personal data, including simply collecting, using, storing or deleting those data, but also organizing, structuring, altering, combining with other data, transmitting or disseminating.

It is important that you read this Privacy Notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal information about you so that you are fully aware of how and why we are using your personal information. This Privacy Notice supplements any other notices and privacy policies and is not intended to override them. By using the Services, you acknowledge that you have read this Privacy Notice and you understand how we collect, share or generally process your personal data and what your privacy rights are, as described in this Notice.

Where our Services may include third-party content and links to other third-party websites, we are not responsible for the privacy practices or the content of these third-party websites. You are encouraged to review the privacy policies of the different websites that you visit.

§2. ADMINISTRATOR'S CONTACT DETAILS

2.1 The administrator of your personal data within the meaning of RODO, is Qarted LLC with its registered office in Poland Łódź, Świtezianki 16 Street, 91-496 Łódź, entered in the register of entrepreneurs kept by the District Court for Łódź Śródmieście XX Economic Department of the National Court Register under KRS number 0000958341, NIP 7262690239, REGON 521382254 (hereinafter also referred to as "Qarted"). If you wish to contact us please do it via this email address: contact@qarted.com

If you have any questions about this Privacy Notice or our processing activities, you can contact us via the details mentioned above. If you wish to exercise any of your privacy rights, please contact us via email address mentioned above.

§3. GENERAL INFORMATION

3.1 Personal Information that We Collect from You

We collect and process some or all of the following personal information you make available to us if you register, download or use the Services, enroll in our mailing lists or text message campaigns, interact with customer support, make a purchase, or otherwise communicate with us through the Services. Personal data is data concerning your person.

Pursuant to the General Data Protection Regulation (“GDPR”), if you are a resident of the European Economic Area (“EEA In particular”), we process your personal, we process the following personal data ("data" collectively: "Data"):

(a) - Your name, address, email address, gender, phone number, encrypted password for your customer account and, if applicable, date of birth,
(b) - Your order data, products purchased, services used, payment information, product type preferences,
(c) - Your data that is collected when you use our online offerings,
(d) - Data that we receive from our service providers in certain cases (e.g., credit agencies or payment service providers)
(e) - Information regarding your first interactions on our website (e.g., the date of your first registration)
(f) - Data regarding your behavior in connection with your use of our website (e.g., clicking on a product)
(g) - Data regarding your behavior in connection with activities in our newsletter (e.g. clicking on a link in the newsletter)
(h) - Login data (date and time you logged in to our website)

3.2 Purpose of processing

We may process your personal data in following purposes:

● Realisation of your order

We may process your personal data for the purpose of realisation of your order. The basis of the processing is a necessity for the performance of a contract and a necessity to take steps at the request of the data subject prior to entering into a contract - art. 6(1) point b of the GDPR.

We share your Personal Information with service providers to help us provide our services and fulfill our contracts with you, as described above. 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.

● Sending our newsletter

We may process your personal data in order to provide you with various information about our products, services and special offers. The basis of the processing is our legitimate interest - art. 6(1) point f of the GDPR.

● Account registration

We may process your personal data in order to set up and administer your account. The basis of the processing is a necessity for the performance of a contract and a necessity to take steps at the request of the data subject prior to entering into a contract - art. 6(1) point b of the GDPR.

● Using Contact Form

We may process your personal data in order to provide you with answers for various questions regarding our products and services you may pose via our contact form. The basis of the processing is our legitimate interest, which is informing about our activity- art. 6(1) point f of the GDPR.

● Determining, investigating or defending claims

We may process your personal data in order to determine, investigate or defend potential claims. The basis of the processing is a legitimate interests - art. 6(1) point f of the GDPR.

● Contract Management

We may process your personal data in order to fulfil our duties resulting from the contract with artists and/or influencers such as financial settlements. The basis of the processing:

a necessity for the performance of a contract and a necessity to take steps at the request of the data subject prior to entering into a contract - art. 6(1) point b of the GDPR;
compliance with a legal obligation derived from polish tax law to which the Controller is subject - art. 6(1) point c of the GDPR

● Creating a marketing profile

We may process your personal data in order to create your marketing profile which enable us to provide you with relevant information on our products such as targeted advertisements. The basis of the processing is a legitimate interests, - art. 6(1) point f of the GDPR.

● Location information

By using our website, you (the visitor) agree to allow third parties to process your IP address, in order to determine your location for the purpose of currency conversion. You also agree to have that currency stored in a session cookie in your browser (a temporary cookie which gets automatically removed when you close your browser). We do this in order for the selected currency to remain selected and consistent when browsing our website so that the prices can convert to your (the visitor) local currency.

3.3 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 below to request deletion.

3.4 Information We Collect from Third Parties about You

In addition to information we collect from you - either directly from you or automatically through our Site - we may also combine it with information we receive about you, which consists of information collected offline or from third-party sources such as data aggregators, email acquisition, email identity and email marketing companies, marketing platforms, customer relationship management data platforms and customer data platforms and offline print catalogs, in order to help us tailor our communications to you, improve our services, better understand your interests, preferences, propensity to buy from your visits and past transactions on our website, visits of other partner websites.

Some of the information received about you may come from consumer data resellers and includes information that combines your personal information with those companies' own records and records they themselves obtained from other sources.

§4. ADVERTISING AND ANALYTICS

4.1 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://policies.google.com/privacy?hl=en.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).

For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://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]

Analytics Services

We also work with third-party analytics companies to help us understand and analyze how you use our Services and assist us with delivering to you relevant marketing messages and advertisements.

These analytics companies (e.g., Google Analytics) collect information about the content you view and your system information as well as imprecise location information (only the country, state and, on some of our websites, the city where you connect from).

Neither they, nor we, do collect precise geolocation information about your visits from your devices, such as GPS coordinates, WiFi, radio frequency location and RFID, Bluetooth, or latitude and longitude information).

4.2 Third Parties to Whom We Disclose Your Personal Information

We disclose the personal information you provide or that we collect in some circumstances to the following third parties:

(a) Advertisers, Advertising Networks and Data Analytics Companies. We share your personal information with advertisers, third-party advertising networks and analytics companies who use it to deliver targeted advertisements to you on the Services or third-party websites or advertisers. Similarly, these advertisers share personal information with us about you that they have independently gathered or acquired. We also share the personal information we have collected in order to enable our advertising partners to perform data analysis or for advertising-related use. That personal information is always encrypted except cookie IDs.

(b) Our Service Providers and Contractors. We share your information with service providers and contractors who work on our behalf. For example, they may handle payment or credit card processing, data management, customer data pooling or aggregating, feature administration, email distribution, market research, information analysis, and promotions management. They also include accountants, auditors, lawyers, insurers or similar advisers when we ask for their professional advice. Service providers and contractors will only have access to the personal information needed to perform these limited functions on our behalf.

(c) Social Media Sites. Our Services may use social networking or "share functionality" or contain links to third-party social media sites or applications that are not owned or controlled by us. We also may allow you to use social media sites or applications to leverage your existing social media site or application accounts to access features of the Services. Your use of these features may result in the collection or sharing of personal information about you by these sites or applications, depending on the feature.

(d) Our Business Partners If you are directed to the Services through a third party, we share certain information back with that third party, which may include personal information such as name, email and value of purchase depending on the type of relationship or Services utilized. We have no control over, and assume no responsibility for any share functionality or the content, privacy policies, or practices of any third-party site or application. We encourage you to review the privacy policies and settings on the social media sites or applications with which you interact to make sure you understand the personal information that may be collected, used, and shared by those sites. You are subject to the policies of those third parties when and where applicable.

(e) Other Businesses. We will disclose your personal information to other businesses in the event of a merger, acquisition, bankruptcy or other sale of all or a portion of our assets or any business, any user personal information owned or controlled by us may be one of the assets transferred to third parties in such transaction or event. We reserve the right, as part of this type of transaction or event, to transfer or assign your personal information and other personal information we have collected from users of the Services to third parties. Other than to the extent ordered by a bankruptcy or other court, the use and disclosure of all transferred user personal information will be subject to this Privacy Notice. However, any personal information you submit or that is collected after this type of transfer may be subject to a new privacy notice adopted by the successor entity or acquirer, as applicable.

(f) Government Authorities, National Security or Law Enforcement Agencies, Courts and Other Similar Third Parties. We will disclose your personal information to these third parties:

● if required to do so, and to the extent permitted, by law;
● if requested in response to a subpoena or court order;
● if we believe in our sole and absolute discretion that disclosure is reasonably necessary to protect against fraud;
● to protect the property or other rights of us or other users, third parties or the public at large; or
● if we believe that you have abused the Services by using it to attack other systems or to gain unauthorized access to any other system, to engage in spamming or otherwise to violate applicable laws, or in violation of our Terms of Service.

You should be aware that, following disclosure to any third party, your personal information may be accessible by others to the extent permitted or required by applicable law.

§5. 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.

§6. 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 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 denylist of IP addresses associated with repeated failed transactions. This denylist persists for a small number of hours.
Temporary denylist of credit cards associated with denylisted IP addresses. This denylist persists for a small number of days.

§7. COOKIES AND OTHER TRACKING TECHNOLOGIES AND HOW TO CONTROL THEM

We use our own cookies, pixel tags, JavaScript, software development kits (or "SDKs"), device identifiers and other tracking technologies on our websites or allow third-party companies, such as advertisers and advertising networks, to use the same technologies.

These technologies recognize your computer, mobile or other device and your actions online over time, collect personal information about you and your activities on the Services and do so across different websites and platforms, digital or marketing channels and email in order to deliver to you targeted electronic advertisements.

We or these third-party companies may link two or more devices or browsers believed to belong to the same user or household and use it for advertising-related purposes.

These third-party companies such as advertisers, advertising networks may use cookies, but also other tracking technologies such as pixel tags to recognize your computer, mobile or other device and your actions online over time, collect personal information about you and your activities on the Services and reach out to your computer, mobile or other device them across different websites and platforms, digital or marketing channels and email in order to deliver targeted electronic advertisements to an individual user. Third-party companies may link two or more devices or browsers believed to belong to the same user or household for advertising-related purposes.

We do not have access to the information located in the cookies, pixel tags and other tracking technologies that third-party partners ask us to place on our websites, nor have control over them, except to take them off our websites, which generally happens once we terminate our agreement with them.

We can categorize cookies according to three methods of division. In terms of the purposes of using cookies, we distinguish:

Necessary cookies - these files enable the proper operation of the website and its functionality, such as authentication or security cookies. Without their storage on your device, the use of the website will be impossible.
Functional files - these files improve the comfort of browsing the Website, allow us to remember your activities and preferences such as login and region selection, login data, settings, device ID, allow us to customize the content of the website in many aspects that require personalization. Without their storage on your device, the use of the Website will be possible, however, many features will not be available.
Analytical files - these files allow monitoring of the opened Website, traffic sources, time of stay. Without saving them, the use of the functionality of the website will not be limited.
Advertising files - these files allow you to display personalized advertisements within or outside the website area. Without saving them, the use of website functionality will not be limited.

In terms of their expiration time, we distinguish:

session files - existing until the end of a given session, then they are deleted from the device and cannot be processed
permanent files - existing after the end of the session, their expiration time depends on the specific files.

In terms of differentiating the entity that administers cookies, we distinguish:

own cookies
third-party cookies.

You can control the use of cookies and other tracking technologies by using the "Cookie Settings" link that is located at the bottom of all our website homepages, by changing your privacy preferences through your browser, mobile or other device, or by using a setting or extension in your browser or device that is called "Global Privacy Control":

Through the "Cookie Settings" link located at the bottom of all our website homepages, you can prevent us from using any cookie or other tracking technology that is not strictly necessary for you to view our websites or to enable us to provide you with our Services. Keep in mind that the cookie settings may not permit you to block the use of some tracking technologies.
Using your browser or device, you may set it up so as to accept all cookies, only accept specific cookies, block others or all of them.

Keep in mind that your web browser or device may not permit you to block the use of some tracking technologies, and adjusting your browser or device settings to block them may have no effect.
Your browser or device may also allow you to adjust its settings so that "Do Not Track" requests are sent to the websites that you visit. However, we will not disable tracking technology that may be active on the Services in response to the "Do Not Track" requests we receive from your browser or device.

Using the Global Privacy Control ("GPC") setting or extension in your browser or mobile device: GPC is a proposed specification designed to allow Internet users to notify businesses of their privacy preferences, such as whether or not they want their personal information to be sold or shared. It acts as a mechanism that websites can use to indicate they support the specification. All of our websites have the GPC setting turned on. Once you activate this setting or extension, your browser or mobile device will automatically transmit your preference to our websites which, when detected, will stop the sharing of all our advertising cookies.
To control the cookies that we use to obtain analytics information from your visits to our websites and prevent your browser, mobile phone or other device to disclose imprecise location details about your visits:

You can adjust your browser or device settings to deactivate the analytics cookies (categorized as "performance cookies") sent to your device by using the "Cookie Settings" link located at the bottom of all our website homepages and deactivating the "performance cookies".
You can also use your mobile or other device to adjust its location services settings. (For instructions on changing the relevant settings, please contact your service provider, carrier or device manufacturer.)

Blocking all cookies and other tracking technologies will affect your online experience and may prevent you from enjoying the full features offered through our Services.

§8. E-mail Communications

Qarted places a high value on your privacy and assures you that your email address will not be shared with third parties without your clear consent. The company retains basic contact information for direct marketing purposes until you express opposition to this data processing, withdraw your consent, or until Qarted determines the data to be obsolete.

You might receive emails from Qarted about news, products, offers, surveys, or promotions related to the service. Notification emails regarding site activities like comments or likes may also be sent. To opt-out of receiving emails from us, simply follow the instructions in any unwanted email. Note, you will still receive essential system emails and legal notices.

§9. NEVADA PRIVACY RIGHTS

Under Nevada law, Nevada residents may submit a request directing us not to make certain disclosures of personal information we maintain about them. As a Nevada resident, you have the right to direct us not to sell any "covered information" (as that term is defined by Chapter 603A - Security and Privacy of Personal Information, Section NRS 603A.340) that we have collected or will collect about you. If you wish to exercise this right, you can contact us via email address: contact@qarted.com

§10. CALIFORNIA PRIVACY RIGHTS

10.1 California Residents Under 18. If you are a California resident under the age of 18 and are a registered user of the Services, you may request that we remove content or information about you that you posted on the Services by: (a) submitting a request in writing to contact@qarted.com and (b) clearly identifying the content or information you wish to have removed and providing sufficient information to allow us to locate the content or information to be removed. However, please note that we are not required to, and may not be able to, erase or otherwise eliminate content or information if: (i) other state or federal laws require us or a third party to maintain the content or information; (ii) the content or information was posted, stored, or republished by another user; (iii) the content or information is anonymized so that you cannot be individually identified; (iv) you do not follow the instructions posted in this Privacy Notice on how to request removal of your content or information; or (v) you have received compensation or other consideration for providing the content. Further, nothing in this provision shall be construed to limit the authority of a law enforcement agency to obtain the applicable content or information.

If you are a resident of California, you have the right to access the Personal Information we hold about you (also known as the ‘Right to Know’), 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 below. If you would like to designate an authorized agent to submit these requests on your behalf, please contact us at the address below.

We collect and use by reference to the categories of personal information specified in the CPRA. It describes our current practices as well as our practices during the 12 months preceding the effective date of our Privacy Notice (28 April, 2023). More information regarding the sources from which we collect personal information can be found in Sections mentioned above in this Privacy Notice

Retention Our retention periods for each category of personal information, including sensitive personal information, are based on our business needs and legal requirements. We retain personal information only for as long as is reasonably necessary for us to fulfill the purpose for which it was collected, and as otherwise to comply with our legal obligations, resolve disputes, prevent fraud, and enforce our agreements. If we continue to retain your personal data in accordance with a legal obligation, any further processing of your data will be limited to compliance with such legal obligation.

Where required by applicable law, we shall delete your personal information when we are requested to do so. Even if we delete your personal information from our active databases, some or all of the personal information you provided may be required in order for the Services to function properly and it may remain in backup storage or records retention archival media (not to be used for any other purpose) until it is permanently deleted in accordance with our standard retention schedules.

To determine the appropriate retention period for personal information, we consider the amount, nature and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal obligations.

California residents have certain rights with respect to the personal information collected by businesses. If you are a California resident, you may exercise the following rights regarding your personal information, subject to certain exceptions and limitations. Please understand, however, that these rights are not absolute and are subject to exceptions, and we may be required or permitted by law to decline your request. In addition, we will not be able to process your request if you do not provide us with sufficient detail to allow us to understand and respond to it.

You may request the following from us:

The categories of personal information we have collected about you;
The categories of sources from which the personal information was collected;
The categories of personal information about you we disclosed for a business purpose or sold or shared;
The categories of persons to whom the personal information was disclosed for a business purpose or sold or shared;
The business or commercial purpose for collecting or selling or sharing the personal information; and
The specific pieces of personal information we have collected about you.

In addition, you have the right to correct or delete the personal information we have collected from you. These rights apply to sensitive personal information.

To exercise any of the above rights, please contact us using the email adress contact@qarted.com. We will confirm receipt of your request within 10 business days and respond to your request within 45 days. We may require specific information from you to help us verify your identity and process your request. If we are unable to verify your identity, we may deny your request.

Note that we may need to request additional information from you to verify your identity or understand the scope of your request, although you will not be required to create an account with us to submit a request or have it fulfilled. We reserve the right to deny your requests if we cannot verify your identity.

§11. VIRGINIA PRIVACY RIGHTS

Virginia provides additional rights to Virginia residents through the Virginia Consumer Data Protection Act (“VCDPA”). This section addresses those rights and applies only to Virginia residents.

You have the following rights under the VCDPA:

● To confirm whether or not we are processing your personal data
● To access your personal data
● To correct inaccuracies in your personal data
● To delete your personal data
● To obtain a copy of your personal data that you previously provided to us in a portable and readily usable format
● To opt out of the processing of personal data for purposes of targeted advertising, the sale of personal data, or profiling in furtherance of decisions that produce legal or similarly significant effects concerning you

To exercise your right to opt out of processing your personal data for purposes of targeted advertising, the sale of your personal data, or profiling, contact us via this email address: contact@qarted.com we will remove your email address from our marketing mailing lists.

We will respond to your request within 45 days. If you have an account with us, we may require you to use the account to submit the request. We may require specific information from you to help us confirm your identity and process your request.

If we refuse to take action on a request, you may appeal our decision within a reasonable period time by contacting us at this email address contact@qarted.com and specifying you wish to appeal. Within 60 days of our receipt of your appeal, we will inform you in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decisions. If the appeal is denied, you may submit a complaint to the Virginia Attorney General.

§12. UPDATES TO THIS PRIVACY NOTICE

If you do not agree to such changes following such notice, you should discontinue your use of the Services prior to the time the modified Privacy Notice takes effect. If you continue using the Services after the modified Privacy Notice takes effect, the modified Privacy Notice will govern any further processing of your personal data.