Effective Date: October 10, 2020

 

  1. INTRODUCTION TO POLICY

Please, read this Privacy Policy (“Policy”) and understand it. It describes how we collect, use, disclose, and secure the information we collect from you when you purchase our personalized portrait services on this website (“Website”). The Website is provided by Madebyamen Incorporation (“Madebyamen” or “we” or “us” or “our”) from our base of operation in Canada to the rest of the world. The words “you” or “your” or “user” refers to anyone accessing this Website or purchasing our Services.

 

By purchasing through the Website, you agree to this Policy. You are not permitted to shop on the Website if you do not agree to this Policy. You should also read our Terms of Services, which describes the rules governing your use of the Website and purchases.

 

  1. THE INFORMATION WE COLLECT

When you purchase our services through the Website, we collect certain information, which you either willingly submit or we automatically collect through cookies and certain tools. Personal information, under privacy laws, is defined as any information about an identifiable person.

  1. Submitted Personal Information: When you purchase from the Website, we collect certain personal information to facilitate your purchases and deliver your orders. We collect personal information, such as your name, email address, photos and other custom requests, phone number, shipping information, and payment information. This information is mostly submitted by you when we request for it. This information is collected when you contact us via our email address; when you register a user account on the website; when you place an order and submit shipping and payment information, etc.
  2. Automatically Collected Information: We also collect certain personal from you automatically. We use certain technologies, such as cookies and analytical tools, to collect information about your browsing device, including the IP Address, Operating System, and version. We also collect details about your transaction and store them on our database for record purposes. We use analytical tools, such as Google Analytics to gather anonymous analytical information about how Website visitors navigate around the Website and the pages/features they click.

 

  1. COOKIES AND TRACKING TOOLS

We use cookies and other technologies (collectively “Cookies”) to understand how you use the Website and how we can improve your user experience. Likewise, our third-party service providers, such as Shopify, use Cookies when they provide services on our behalf. Cookies are tiny bits of data that are embedded in your browser when you visit the Website. They help to track user activities, choices, and preferences.

 

In addition to the use of Cookies above, they also help us provide certain features, such as remembering your login details, saving items in your cart, gathering usage statistics, and identifying the features you use on the Website. Cookies are either session or persistent, which means that they may either expire when you close your browser or on their set time. Cookies do not obtain personal information about users; however, any information obtained through Cookies, if combined with another piece of information, may become personal information.

 

You have the right to delete or block cookies or update your preference by using the help section of your browser. However, you acknowledge that if you block certain Cookies, the function performed by such Cookies will not be available to you anymore.

 

Like Cookies, we use tracking tools to gather analytics. We use different analytic tools, including Google Analytics. Analytic information does not include personal information, but anonymous information about Website visitors, where they navigated the Website from, the part of the Website they are browsing, the features they click, and how long they stay on the Website.

 

  1. HOW WE GET YOUR CONSENT

When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only. If we ask for your personal information for any secondary reason, such as marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.

 

If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at any time, by contacting us at legal@madebyamen.com.

 

  1. HOW WE USE YOUR INFORMATION

We generally use the information we collect to facilitate your orders and provide the services. Other uses of your information include:

  • To identify you, access your requests, provide the services based on your specifications, and deliver your order as and when due;
  • To contact you through phone and email address regarding your orders or market products, services, and offers to you based on what we think may interest you;
  • To process your payments or facilitate refunds (where necessary) for the order you placed through the Website;
  • To ship and deliver your orders to you via the shipping address you have specified;
  • To keep a record of transactions, as required by law;
  • To enforce our Terms of Service and comply with applicable laws;
  • To provide the Website to you and make your shopping experience a smooth one;
  • To monitor fraud and other violations; and
  • To identify how you use our services and Website and how we can improve them.

 

  1. HOW WE DISCLOSURE INFORMATION

We may disclose information about you under the following circumstances:

  1. To our Contractors and Employees: We may share information about you with the people we work with, such as our employees and certain third-party service providers (contractors). We work with contractors who help us with Website maintenance, storage, and hosting, payment processing, shipping and delivery, among other services. These contractors may need access to your personal information to perform their various tasks. For example, our card payment processor and Website host (Shopify) needs access to your payment information as a payment processor and website hosting company. However, they (and other contractors) are under obligation to use your personal information for the services they perform for us.

 

  1. To Government Agencies or Law Enforcement: We may disclose personal information to law enforcement in response to a court order, subpoena, or other legal summonses. We may also share personal information about you if we believe such sharing will protect our rights and other shoppers. This may be in relation to investigations of fraud or other violations.

 

  1. To Affiliates: We may share information with other companies during a merger, consolidation, sale of assets, and acquisition. Any of the foregoing may require us to share confidential information, including our customers list, with the affiliating company. In the event of any of these actions, this Policy will apply. If otherwise, we will communicate it to you.

 

  1. MARKETING COMMUNICATIONS

When you submit your email to our newsletters list or opt-in to receive offers and news on promotions and latest products, you are consenting to receive marketing communications from us. We will continue to market new products and services, offers, and promotions to your email address until you decide to opt-out. You may unsubscribe from receiving marketing communications by following the instructions for unsubscribing in any marketing email sent to your email address. Please, be aware that even if you unsubscribe from marketing emails, certain administrative messages will still be communicated to you.

 

  1. SHOPIFY INC.

As referenced earlier under the disclosure of information section, the Website is hosted on Shopify Inc (“Shopify”). They provide us with the online e-commerce platform that allows us to provide our services to you. Your personal information is stored through Shopify’s data storage, databases, and the general Shopify application. They store your information on a secure server behind a firewall.

 

If you choose a direct payment gateway to complete your purchases, then Shopify stores your credit card information. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction information is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express, and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers. For more insight, you may also want to read Shopify’s Terms of Service https://www.shopify.com/legal/terms or Privacy Statement (https://www.shopify.com/legal/privacy).

 

  1. SECURITY OF INFORMATION

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. If you provide us with your credit card information, the information is encrypted using secure sockets layer technology (SSL) and stored with AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.

 

  • THIRD-PARTY LINKS

The Website may contain links from our business partners, which may contain information about their services, websites, and products. By accessing such third-party links and/or providing personal information, you are doing so at your sole risk. Third parties have their separate policies, which may be different from this Policy subject to specific locations. We advise you to read the privacy policies of third parties before submitting personal information to them. We will not be liable for any loss of privacy as a result of your access of third-party links through the Website.

 

  • HOW LONG WE RETAIN INFORMATION

The personal information you submit to us is stored on our database for as long as you have a user account with us and/or use our services. Upon your request for information deletion, we will delete your personal information from our database. For transaction information, they remain on our database for longer to the extent permitted by law.

 

  • INTERNATIONAL TRANSFER OF INFORMATION

Madebyamen provides the Website from our base of operation in Canada. By submitting personal information to us when you purchase our services, you acknowledge that your personal information will be processed here in Canada. Likewise, we use certain third parties service providers who may be located in other countries. We may also share personal information about you with them, where it will be processed in accordance with their policies or privacy laws.

 

If you are located in the EU, EEA, and locations with similar GDPR laws, the transfer of your information to third-party service providers will be done in accordance with this Policy. Madebyamen will be responsible for any breach of your personal information subject to international transfer.

 

  • THE RIGHTS YOU HAVE OVER YOUR INFORMATION

Under privacy laws, you have certain rights in relation to the personal information you submit to us, including via account registration or submissions or payment and shipping information. Your rights include:

  1. Right to access and edit your information: If you open a user account on the Website, you may request to access and edit the personal information you have thereon at any time. This request is exercisable through your profile settings. If you do not have an account with us, but wish to edit any personal information, such as shipping and payment, before your order is shipped, you may do so by reaching out to us at privacy@madebyamen.com.
  2. Right to request the deletion of your information: Likewise, you have the right to demand us to delete certain personal information about you, including your user account, to the extent permitted by applicable law. To exercise this right, send us a deletion request to privacy@madebyamen.com. We will address your request as soon as possible and act accordingly. Please, note that we may not be able to delete certain information, including your transactions and IP Address, for record purposes, as required by law.

 

  • USERS IN THE EU AND EEA

For users purchasing our services from countries in the EU, EEA, and countries with a similar law, we comply with the GDPR law that came into effect on May 25, 2018. We process your personal data (as defined under the articles of the GDPR) in accordance with the GDPR law. Madebyamen is your data controller, meaning that we determine how your data may be processed. For issues or questions regarding the processing of your data, reach out to our Privacy Compliance Officer at me@madebyamen.com.

 

Under the GDPR, we are allowed to process your data under any of the following lawful bases:

  • To carry out a contract we entered into with you;
  • To comply with our legal obligations, such as to keep records;
  • To satisfy our legal interests or those of third parties; or
  • If you give your consent to the processing.

 

In addition to the rights established under section 13 of this Policy, you have the following rights:

  • The right to demand a copy of the personal data we process about you;
  • The right to restrict us from processing certain data. For example, opting out of marketing communications. Note that this right is dependent on the extent the law permits. For example, if you request the restriction on the processing of transaction information, it may not be granted. We are required by law to keep records for future claims;
  • The right to portability. This means that you may request for the personal data we hold about you and re-use it on other websites or services. This right allows you to move your data from our database to another without it affecting the usability of that data; and
  • The right to report us to any data privacy authority in your location if you believe we are unlawfully processing your data.

 

  • AGE OF CONSENT

By shopping on this Website, you represent that you are at least the age of majority in your location and that you have the capacity to form an agreement. We do not knowingly obtain personal information from minors. If you are below the age of majority, you may not submit personal information to us or use the Website.

 

  • CHANGES TO THIS POLICY

We reserve the right to modify this Policy at any time; therefore, we advise you to review it frequently. Changes and clarifications will take effect immediately upon their posting on the Website. If we make material changes to this Policy, we will notify you by changing the Effective Date above. We may also notify you of changes to this Policy via your email address or other contact information. Using this Website and purchasing our services after any changes to this Policy constitutes your consent to be bound by such changes.

 

  • QUESTIONS AND CONTACT INFORMATION

If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information about this Policy, please contact our Privacy Compliance Officer at me@madebyamen.com.