Interpretation and Definitions
The words in which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or plural.
Account means an individual account created for You to access our Service or parts of our Service.
Company (referred to as either "the Company," "We," "Us," or "Our" in this Agreement) refers to Mystylebox, 1901 Yonge Street, M4S1Y6, Toronto, ON, Canada.
For the GDPR, the Company is the Data Controller.
Cookies are small files placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that Website among its many uses.
The country refers to Ontario, Canada.
Data Controller, for the GDPR (General Data Protection Regulation), refers to the Company as the legal person who, alone or jointly with others, determines the purposes and means of processing Personal Data.
Device means any device that can access the Service, such as a computer, a cellphone or a digital tablet.
Personal Data is any information that relates to an identified or identifiable individual.
For GDPR, Personal Data means any information relating to You, such as a name, an identification number, location data, online identifier or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity.
Service refers to the Website.
Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used. For the GDPR, Service Providers are considered Data Processors.
Usage Data refers to data collected automatically, either generated by the Service or from the Service infrastructure (for example, the duration of a page visit).
Website refers to Mystylebox, accessible from http:/mystylebox.ca, http:/mystylebox.com.
You mean the individual accessing or using the Service, the Company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Under GDPR (General Data Protection Regulation), You can be referred to as the Data Subject or the User as the individual using the Service.
Collecting and Using Your Personal Data
Types of Data Collected
While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:
First name and last name
Address, State, Province, ZIP/Postal code, City
- Photos (For Virtual Colour Analysis)
- Style Profile (Determined from your 'Style Survey' Responds )
We take your privacy very seriously and have implemented physical and organizational security measures to protect your personal information from unauthorized access, disclosure, copying, use or modification. Your personal information and photos are only used for Virtual Colour Analysis or Styling Consultation Services.
Usage Data has collected automatically when using the Service.
Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device's unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
Tracking Technologies and Cookies
Use of Your Personal Data
The Company may use Personal Data for the following purposes:
- To provide and maintain our Service, including monitoring the usage of our Service.
- To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
- For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
- To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
- To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
- To manage Your requests: To attend and manage Your requests to Us.
- To deliver targeted advertising to You: We may use Your information to develop and display content and advertising (and work with third-party vendors who do so) tailored to Your interests and location and to measure its effectiveness.
- For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or another sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.
- For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and evaluating and improving our Service, products, services, marketing and your experience.
We may share Your personal information in the following situations:
- With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to advertise on third party websites to You after You visit our Service, for payment processing, to contact You.
- For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
- With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
- With other users: when You share personal information or otherwise interact in public areas, such information may be viewed by all users and publicly distributed outside.
- With Your consent: We may disclose Your personal information for any other purpose with Your consent.
We may share your personal information with third parties for processing on our behalf (such as fulfillment services, technical support, delivery services, financial institutions and our data server companies) under agreements that prohibit the third parties from using or disclosing the personal information other than to process the information. These third parties are only provided with the personal information necessary to perform their Service.
Other than we mentioned the third-party companies 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.
Retention of Your Personal Data
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period, except when this data is used to strengthen the security or improve the functionality of Our Service. We are legally obligated to retain this data for more extended periods.
Transfer of Your Personal Data
Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. This information may be transferred to — and maintained on — computers outside your state, province, country or other governmental jurisdiction where the data protection laws differ from yours.
Disclosure of Your Personal Data
Under certain circumstances, the Company may be required to disclose Your Personal Data if required by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Other legal requirements
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
- Comply with a legal obligation
- Protect and defend the rights or property of the Company
- Prevent or investigate possible wrongdoing in connection with the Service
- Protect the personal safety of users of the Service or the public
- Protect against legal liability
Security of Your Personal Data
The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
Detailed Information on the Processing of Your Personal Data
The Service Providers We use may have access to Your Personal Data. These third-party vendors collect, store, use, process and transfer information about Your activity on Our Service through their Privacy Policies.
We may use third-party Service providers to monitor and analyze the use of our Service.
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its advertising network.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy.
We may use Your Personal Data to contact You with newsletters, marketing or promotional materials and other information that may interest you. You may opt out of receiving any or all of these communications from Us by following the unsubscribe link or instructions in any email We send or by contacting Us.
We may use Email Marketing Service Providers to manage and send emails to You.
Survey and Quiz Providers
Our survey collects styling information, including your style/budget preferences, skin/hair/eye colours, sizes, measurements, comments, suggestions, birth dates, etc. We will refer to this as a "Style Survey" and the information we collect in this survey as "Style Information" in our policies. When you sign up for our Style Survey, you agree to share your personal information with our Company.
We use your Style Information to understand your body type, personal lifestyle and preferences to prepare your style suggestions. This also helps us to determine our customer profile to improve our Site and enhance our Service.
We may provide paid products and services within the Service. In that case, we may use third-party services for payment processing (e.g. payment processors).
These third-party vendors collect, store, use, process and transfer information about Your activity on Our Service through their Privacy Policies and to enable Us to:
- Measure and analyze traffic and browsing activity on Our Service
- Show advertisements for our products and services to You on third-party websites or apps
- Measure and analyze the performance of Our advertising campaigns
Some of these third-party vendors may use non-cookie technologies that may not be impacted by browser settings that block cookies. Your browser may not permit You to block such technologies. You can use the following third-party tools to decline the collection and use of information to serve You interest-based advertising:
- The NAI's opt-out platform: http://www.networkadvertising.org/choices/
- The EDAA's opt-out platform http://www.youronlinechoices.com/
- The DAA's opt-out platform: http://optout.aboutads.info/?c=2&lang=EN
You may opt-out of all personalized advertising by enabling privacy features on Your mobile devices, such as Limit Ad Tracking (iOS) and Opt-Out of Ads Personalization (Android). See Your mobile device Help system for more information.
The third-party vendors We use are:
Google Ads (AdWords)
Google Inc provides Google Ads (AdWords) remarketing services.
You can opt-out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the Google Ads Settings page: http://www.google.com/settings/ads.
Google also recommends installing the Google Analytics Opt-out Browser Add-on - https://tools.google.com/dlpage/gaoptout - for your web browser. Google Analytics Opt-out Browser Add-on allows visitors to prevent their data from being collected and used by Google Analytics.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy.
Facebook Inc provides Facebook remarketing service.
You can learn more about interest-based advertising from Facebook by visiting this: https://www.facebook.com/help/516147308587266.
To opt-out of Facebook's interest-based ads, follow these instructions from Facebook: https://www.facebook.com/help/568137493302217.
Facebook adheres to the Self-Regulatory Principles for Online Behavioural Advertising established by the Digital Advertising Alliance. You can also opt out from Facebook and other participating companies through the Digital Advertising Alliance in the USA http://www.aboutads.info/choices/, the Digital Advertising Alliance of Canada in Canada http://youradchoices.ca/ or the European Interactive Digital Advertising Alliance in Europe http://www.youronlinechoices.eu/, or opt-out using your mobile device settings.
For more information on the privacy practices of Facebook, please visit Facebook's Data Policy: https://www.facebook.com/privacy/explanation.
Pinterest Inc provides Pinterest remarketing services.
You can opt-out of Pinterest's interest-based ads by enabling the "Do Not Track" functionality of your web browser or by following Pinterest instructions: http://help.pinterest.com/en/articles/personalization-and-data.
Legal Basis for Processing Personal Data under GDPR
We may process Personal Data under the following conditions:
- Consent: You have given Your consent for processing Personal Data for one or more specific purposes.
- Performance of a contract: Provision of Personal Data is necessary for the version of an agreement with You and any pre-contractual obligations thereof.
- Legal obligations: Processing Personal Data is necessary for compliance with a legal obligation to which the Company is subject.
- Vital interests: Processing Personal Data is necessary to protect Your vital interests or of another natural person.
- Public interests: Processing Personal Data is related to a task carried out in the public interest or the exercise of official authority vested in the Company.
- Legitimate interests: Processing Personal Data is necessary for the legitimate interests pursued by the Company.
In any case, the Company will gladly help clarify the specific legal basis that applies to the processing, mainly whether the provision of Personal Data is a statutory or contractual requirement or a requirement necessary to enter into a contract.
Your Rights under the GDPR
The Company undertakes to respect the confidentiality of Your Personal Data and to guarantee. You can exercise Your rights.
- Request access to Your Personal Data. The right to access, update or delete the information We have on You. You can access, update or request deletion of Your Personal Data directly within Your account settings section whenever possible. Please get in touch with us to assist you if you cannot perform these actions yourself. This also enables You to receive a copy of the Personal Data We hold about You.
- Request correction of the Personal Data that We hold about You. You have the right to have any incomplete or inaccurate information. We hold about You corrected.
- Object to processing of Your Personal Data. This right exists where We are relying on legitimate interest as the legal basis for Our processing, and there is something about Your particular situation which makes You want to object to our processing of Your Personal Data on this ground. You also have the right to object to where We are processing Your Personal Data for direct marketing purposes.
- Request erasure of Your Personal Data. You have the right to ask Us to delete or remove Personal Data when there is no good reason for Us to continue processing it.
- Request the transfer of Your Personal Data. We will provide you, or a third party You have chosen, Your Personal Data in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which You initially provided consent for Us to use or where We used the information to perform a contract with You.
- Withdraw Your consent. You have the right to withdraw Your consent from using your Personal Data. If You cancel Your consent, We may not be able to provide You with access to certain specific functionalities of the Service.
Exercising Your GDPR Data Protection Rights
You may exercise Your rights of access, rectification, cancellation and opposition by contacting Us. Please note that we may ask You to verify Your identity before responding to such requests. If You make a request, We will try our best to respond to You as soon as possible.
You have the right to complain to a Data Protection Authority about Our collection and use of Your Personal Data. For more information, if You are in the European Economic Area (EEA), please get in touch with your local data protection authority in the EEA.
Our Service does not address anyone under the age of 18. We do not knowingly collect personally identifiable information from anyone under 18. If You are a parent or guardian and you know that Your child has provided Us with Personal Data, please get in touch with Us. Suppose We become aware that We have collected Personal Data from anyone under the age of 18 without verification of parental consent. In that case, We take steps to remove that information from Our servers.
If We need to rely on consent as a legal basis for processing Your information and Your country requires permission from a parent, We may require Your parent's consent before We collect and use that information.
Links to Other Websites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.