Privacy Policy

MILKYCREAM operates this shop and this website, including all information, content, functionalities, tools, products, and associated services, to provide you, the customer, with a personalized shopping experience (hereinafter, the "Services"). MILKYCREAM is a shop powered by Shopify, which allows us to provide you with the Services. This Privacy Policy describes how we collect, use, and disclose your personal data when you access, use, make a purchase or other transaction, or otherwise communicate with us. In case of any conflict between our Terms of Service and this Privacy Policy, this Privacy Policy shall prevail with respect to the collection, processing, and disclosure of your personal data.

Please read this Privacy Policy carefully. By accessing and using our Services, you acknowledge that you have read this Privacy Policy and understand the way your data is collected, used, and disclosed, as described in this Privacy Policy.

Personal data we collect or process

When we use the term "personal data," we refer to information that identifies you or that can be reasonably associated with you or another person. Personal data does not include information collected anonymously or de-identified in such a way that it cannot identify you or be reasonably associated with you. We may collect or process the following categories of personal data, including derivations from this personal data, depending on how you interact with the Services, where you reside, and to the extent permitted or required by applicable law:

Contact details, including your name, address, billing address, shipping address, phone number, and email address.

Financial data, including credit card, debit card, and bank account numbers, payment card information, bank account information, transaction details, payment method, payment confirmation, and other payment details.

Account information, including your username, password, security questions, preferences, and settings.

Transaction information, including items you view, add to your cart, add to your wish list, purchase, return, exchange, or cancel, as well as your past transactions.

Your communications with us, including the information you include in your communications with us, such as when you submit a customer service inquiry.

Device information, including information about your device, browser, or network connection, your IP address, and other unique identifiers.

Usage information, including information about your interaction with the Services, specifically how and when you access or interact with the Services.

Sources of personal data

We may collect personal data from the following sources:

Directly from you, including when you create an account, access or use the Services, communicate with us, or otherwise provide us with your personal data;

Automatically via the Services, including from your device when you use our products or services or access our websites, and through the use of cookies and similar technologies;

From our service providers, including when we use them to implement certain technologies and when they collect or process your personal data on our behalf;

From our partners or other third parties.

How we use your personal data

Depending on how you interact with us or the services you use, we may use your personal data for the following purposes:

Provision, customization, and improvement of the Services. We use your personal data to provide you with the Services, including to fulfill our contract with you, process your payments, process your orders, store your preferences and items of interest, send notifications regarding your account, process purchases, returns, exchanges, or other transactions, create, maintain, and otherwise manage your account, arrange deliveries, facilitate any returns and exchanges, enable the posting of reviews, and create a personalized shopping experience, for example by recommending products related to your purchases. This may include using your personal data to more relevantly customize and improve the Services.

Marketing and advertising. We use your personal data for marketing and advertising purposes, for example, to send you marketing, promotional, and commercial communications via email, SMS, or postal mail, and to display online advertisements for products or services on the Services or on other websites, especially based on the items you previously purchased or added to your cart, as well as your other activities on the Services.

Security and fraud prevention. We use your personal data to authenticate your account, provide a secure payment and shopping experience, detect, investigate, or respond to fraudulent, illegal, dangerous, or malicious activities, protect public safety, and secure our Services. If you use the Services and create an account, you are responsible for the confidentiality of your account credentials. We strongly recommend that you do not share your username, password, or other access credentials with anyone else.

Communication with you. We use your personal data to provide you with customer service, respond to your inquiries, offer you effective services, and maintain our business relationship with you.

Legal reasons. We use your personal data to comply with applicable law or respond to valid legal processes, including requests from law enforcement or government agencies, to investigate or participate in civil discovery, potential or pending litigation, or other contentious proceedings, and to enforce our terms or policies or investigate potential violations thereof.

How we disclose personal data

In certain circumstances, we may share your personal data with third parties for legitimate reasons in accordance with this Privacy Policy. These circumstances may include:

With Shopify, providers, and other third parties who provide services on our behalf (e.g., IT management, payment processing, data analysis, customer service, cloud storage, processing, and shipping).

With business and marketing partners to provide you with marketing services and send you advertisements. For example, we use Shopify to support personalized advertising through third-party services, based on your online activity with various merchants and websites. Our business and marketing partners use your information in accordance with their own privacy notices. Depending on your place of residence, you may have the right to ask us not to share information about you for the purpose of displaying targeted advertising and marketing content based on your online activity with various merchants and websites.

If you instruct us, make a request, or otherwise consent to the disclosure of certain information to third parties, for example, to ship products to you or through your use of social media widgets or login integrations.

With our affiliates or, more generally, within our corporate group.

As part of a business transaction such as a merger or bankruptcy, to comply with applicable legal obligations (especially in response to subpoenas, search warrants, or similar requests), to enforce applicable terms of use or policies, and to protect or defend the Services, our rights, and the rights of our users or third parties.

Relationship with Shopify

The Services are hosted by Shopify, which collects and processes personal data regarding your access to and use of the Services to provide and improve them. The information you submit to the Services is transmitted to and shared with Shopify, as well as with third parties who may be located in countries other than your country of residence, to provide and improve the Services. In addition, to protect, develop, and improve our business, we use certain advanced Shopify features that integrate data and information from your interactions with our shop, as well as with other merchants and with Shopify. To provide these advanced features, Shopify may use personal data collected from your interactions with our shop, with other merchants, and with Shopify. In these cases, Shopify is responsible for processing your personal data, particularly to respond to your requests to exercise your rights regarding the use of your personal data for these purposes. For more information on Shopify's use of your personal data and your rights, please see Shopify's Consumer Privacy Policy. Depending on your place of residence, you can exercise certain rights regarding your personal data here: Link to Shopify Privacy Portal.

Third-Party Websites and Links

The Services may contain links to third-party websites or other online platforms. If you follow links to websites not affiliated with or controlled by us, we encourage you to review their privacy and security policies, as well as their other general terms and conditions. We do not guarantee and are not responsible for the privacy or security of these websites, including the accuracy, completeness, or reliability of the information found on them. Information you provide in public or semi-public areas, including information you share on third-party social media platforms, may also be visible to other users of the Services and/or to users of these third-party platforms, without restriction as to their use by us or any third party. The fact that we include these links does not, in itself, imply endorsement of the content of these platforms or their owners or operators, unless otherwise stated on the Services.

Children's Data

The Services are not intended for use by children, and we do not knowingly collect personal data from children under the minimum age applicable in your jurisdiction. If you are a parent or guardian of a child who has provided us with their personal data, you can contact us using the contact details provided below to request their deletion. At the effective date of this Privacy Policy, we are not aware of "sharing" or "selling" (as those terms are defined by applicable law) personal data of individuals under 16 years of age.

Security and Retention of Your Data

Please note that no security measure is perfect or impenetrable, and we cannot guarantee "perfect security." Furthermore, any information you send us may not be secure during transmission. We recommend that you do not use unsecured channels to communicate sensitive or confidential information to us.

The duration of retention of your personal data depends on various factors, such as the need to retain this information to manage your account, provide the Services, comply with our legal obligations, resolve disputes, or enforce other applicable agreements or policies.

Your Rights and Choices

Depending on your place of residence, you may have some or all of the rights listed below regarding your personal data. However, these rights are not absolute, may only apply in certain circumstances, and in some cases, we may refuse your request to the extent permitted by law.

Right of access/Right to information. You may have the right to request access to the personal data we hold about you.

Right to erasure. You may have the right to request the erasure of the personal data we hold about you.

Right to rectification. You may have the right to request the rectification of inaccurate personal data we hold about you.

Right to data portability. You may have the right to obtain a copy of the personal data we hold about you and to request its transfer to a third party under certain circumstances and with certain exceptions.

Managing communication preferences. We may send you promotional emails. You can unsubscribe at any time by using the unsubscribe option included in our emails. If you unsubscribe, we may still send you non-promotional emails, for example, regarding your account or orders you have placed.

If you reside in the United Kingdom or the European Economic Area, and subject to the exceptions and limitations provided by local law, you may, in addition to the rights listed above, exercise the following rights:

Right to object to processing and restriction of processing: You may have the right to ask us to stop or restrict the processing of your personal data for certain purposes.

Right to withdraw consent: If we rely on your consent to process your personal data, you have the right to withdraw that consent. If you withdraw your consent, the lawfulness of processing based on your consent before its withdrawal will not be affected.

You can exercise these rights in the designated places on the Services or by contacting us using the contact details provided below. For more information about Shopify's use of your personal data and your potential rights, including rights related to data processed by Shopify, please visit https://privacy.shopify.com/de.

We will not penalize you for exercising these rights. We may need to verify your identity before we can process your requests in accordance with applicable legal provisions. In accordance with applicable law, you may designate an authorized agent to exercise your rights on your behalf. Before we accept such a request from a representative, we will require the representative to provide proof of the authorization you have given to act on your behalf, and we may ask you to verify your identity directly with us. We will respond to your request within the statutory deadlines.

Complaints

If you wish to file a complaint regarding our processing of your personal data, please contact us using the contact details provided below. Depending on your place of residence, you may have the right to challenge our decision by contacting us using the contact details below or by filing a complaint with the relevant data protection authority in your region. For the EEA, a list of competent data protection supervisory authorities can be found here.

International Transfers

Please note that we may transfer, store, and process your personal data outside the country in which you reside.

If we transfer your personal data outside the European Economic Area or the United Kingdom, we rely on recognized transfer mechanisms, such as the European Commission's Standard Contractual Clauses or, where applicable, an equivalent contract issued by the competent UK authority, unless the data transfer is to a country recognized as providing an adequate level of protection.

Changes to this Privacy Policy

We may update this Privacy Policy at any time, in particular to reflect changes in our practices or for other operational, legal, or regulatory reasons. We will post the revised Privacy Policy on this website, update the "Last Updated" date, and provide a notification as required by applicable law.

Contact

If you have any questions about our privacy practices or this Privacy Policy, or if you wish to exercise any of your rights, please email us at contact@milkycream.com.