LuLusApple Privacy Policy

LuLusApple Privacy policy

Updated 5/22/2018

1. Introduction

1.1 LuLusApple is a small art business that sells on Etsy as lulusapple.etsy.com, Shopify as LuLusApple.com, Facebook FaceBook.com/lulusappledolls, Instagram @lulusapple and Mailchimp.com.

The privacy policies for these selling platforms are to be found in section 14.

1.2 We are committed to safeguarding the privacy of our  LuLusApple.etsy.com and LuLusApple.com visitors and service users.

1.3 This policy applies where we are acting as a data controller with respect to the personal data of our various LuLusApple.com and LuLusApple.etsy.com  visitors and service users; in other words, where we determine the purposes and means of the processing of that personal data.

1.4 We use cookies on our various LuLusApple sites. Insofar as those cookies are not strictly necessary for the provision of our various LuLusApple shops and services, we will ask you to consent to our use of cookies when you first visit our various LuLusApple sites.

1.5 In this policy, "we", "us" and "our" refer to LuLu Lancaster aka LuLusApple aka lulusapple.com and lulusapple.etsy.com. For more information about us, see Section 13.

2. How we use your personal data

2.1 In this Section 3 we have set out:

(a) the general categories of personal data that we may process;

(b) in the case of personal data that we did not obtain directly from you, the source and specific categories of that data;

(c) the purposes for which we may process personal data; and

(d) the legal bases of the processing.

2.2 We may process data about your use of our various LuLusApple sites and services ("usage data"). The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data is Google Analytics Solutions. This usage data may be processed for the purposes of analyzing the use of the various LuLusApple and services. The legal basis for this processing is our legitimate interests, namely monitoring and improving our various LuLusApple stores and services.

2.3 We may process your account and order/contractual data ("account data"). The account data may include your name, address and email address. The source of the account data is you. The account data may be processed for the purposes of operating/maintaining our various LuLusApple stores, providing our services, ensuring the security of our various LuLusApple stores sites and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is consent, or our legitimate interests, namely the proper administration of our various LuLusApple and business or the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.

2.4 We may process your information included in your personal profile on our various LuLusApple ("profile data"). The profile data may include your name, address, telephone number and email address.The profile data may be processed for the purposes of enabling and monitoring your use of our various LuLusApple sites and services. The legal basis for this processing is consent, or our legitimate interests, namely the proper administration of our website and business or the performance of a contract between you and us and/or taking steps, at you request, to enter into such a contract.

2.5 We may process your personal data that are provided in the course of the use of our services ("service data"). The service data may include your name, address, telephone number and email address. The source of the service data is you. The service data may be processed for the purposes of operating our various LuLusApple stores, providing our services, ensuring the security of our various LuLusApple stores and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is consent, or our legitimate interests, namely the proper administration of our various LuLusApple stores and business or the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.

2.6 We may process information or photographs that you post for publication on our various LuLusApple sites stores or through our services ("publication data"). The publication data may be processed for the purposes of enabling such publication and administering our various LuLusApple stores and services. The legal basis for this processing is consent, or our legitimate interests, namely the proper administration of our various LuLusApple stores and business or the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract. Any photographs that you provide of your personal collection of LuLusApple Art Dolls and or testimonials of your experience with LuLusApple sites and stores will be used in our various LuLusApple stores listings, and for promotional purposes only.

2.7 We may process information contained in any enquiry you submit to us regarding goods and/or services ("enquiry data"). The enquiry data may be processed for the purposes of offering, marketing and selling relevant goods and/or services to you. The legal basis for this processing is consent, or your legitimate interests, namely your request for goods or service information and communication, and our legitimate interests, namely our interests in the proper administration of our various LuLusApple stores and business, and for marketing and selling relevant goods .

2.8 We may process information relating to our customer relationships, including customer contact information ("customer relationship data"). The customer relationship data may include your name, your contact details, and information contained in communications between us and you. The source of the customer relationship data is you. The customer relationship data may be processed for the purposes of managing our relationships with customers, communicating with customers, keeping records of those communications and promoting our products and services to customers. The legal basis for this processing is consent, or our legitimate interests, namely the proper management of our customer relationships and administration of our business.

2.9 We may process information relating to transactions, including purchases of goods and services, that you enter into with us and/or through our various LuLusApple stores ("transaction data"). The transaction data may include your contact details, and the transaction details. The transaction data may be processed for the purpose of supplying the purchased goods and services and keeping proper records of those transactions. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract and our legitimate interests, namely the proper administration of our various LuLusApple stores and business.

2.10 We may process information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters ("notification data"). The notification data may be processed for the purposes of sending you the relevant notifications and/or newsletters. The legal basis for this processing is consent, or the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.

2.11 We may process information contained in or relating to any communication that you send to us ("correspondence data"). The correspondence data may include the communication content and metadata associated with the communication. Our various LuLusApple stores will generate the metadata associated with communications made using the various LuLusApple stores and sites contact forms. The correspondence data may be processed for the purposes of communicating with you and record-keeping. The legal basis for this processing is our legitimate interests, namely the proper administration of our various LuLusApple stores and business and communications with users.

2.12 We may process any of your personal data identified in this policy where necessary for the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.

2.13 We may process any of your personal data identified in this policy where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks.

2.14 In addition to the specific purposes for which we may process your personal data set out in this Section 3, we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

2.15 Please do not supply any other person's personal data to us, unless we prompt you to do so.

3. Providing your personal data to others

3.1 We may disclose your personal data to any member of our company insofar as reasonably necessary for the purposes, and on the legal bases, set out in this policy

3.2 We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

3.3 We may disclose personal data, namely your name, address, telephone number or email address to our suppliers or subcontractors insofar as reasonably necessary for filling the contract and for the proper administration of our various LuLusApple stores and business.

3.4 Financial transactions relating to our various LuLusApple stores and services are handled by our payment services providers, PayPal Etsy Direct Checkout where applicable and Stripe Where applicable and Square where applicable. We will share transaction data with our payment services providers only to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds. You can find information about the payment services providers' privacy policies and practices at 

https://www.etsy.com/legal/privacy/

https://www.paypal.com/us/webapps/mpp/ua/privacy-full

https://stripe.com/us/privacy/

https://squareup.com/legal/privacy

3.5 We may disclose your enquiry data to one or more of those selected third party suppliers of goods and services identified on our various LuLusApple stores for the purpose of enabling them to contact you so that they can offer, market and sell to you relevant goods and/or services. Each such third party will act as a data controller in relation to the enquiry data that we supply to it; and upon contacting you, each such third party will supply to you a copy of its own privacy policy, which will govern that third party's use of your personal data.

3.6 In addition to the specific disclosures of personal data set out in this Section 4, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

4. International transfers of your personal data

4.1 In this Section 5, we provide information about the circumstances in which your personal data may be transferred to countries outside the European Economic Area (EEA).

4.2 We have offices in the United Kingdom. The European Commission has made an "adequacy decision" with respect to the data protection laws of this country. 

4.3 Our email service providers are situated in the United States. The European Commission has made an “adequacy decision” with respect to the data protection laws of US. Transfers to USA will be protected by appropriate safeguards, namely EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework which our email service providers adhere to. You can find information about the email services providers’ privacy policies and practices at 

GoDaddy

https://www.godaddy.com/Agreements/Privacy.aspx

Yahoo

https://policies.yahoo.com/xa/en/yahoo/privacy/index.htm

Gmail

https://privacy.google.com/your-data.html

 

 

4.4 You acknowledge that personal data that you submit for publication through our website or services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.

5. Retaining and deleting personal data

5.1 This Section 6 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.

5.2 Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.

5.3 We will retain your personal data as follows:

personal data will be retained for a minimum period of 1 (one) year and for a maximum period of 7 (seven) years following consent/contractual start date. This includes any data kept as physical copies, namely invoice and receipts.

5.4 In some cases it is not possible for us to specify in advance the periods for which your personal data will be retained. In such cases, we will determine the period of retention based on the following criteria:

the period of retention of personal data will be determined based on proper administration of our various LuLusApple stores and business requirements.

5.5 All physical copies of data, namely invoices and receipts that are necessary for tax purposes are kept in a secure area. 

5.5 Notwithstanding the other provisions of this Section 6, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

6. Amendments

6.1 We may update this policy from time to time by publishing a new version on our website.

6.2 You should check this page occasionally to ensure you are happy with any changes to this policy.

6.3 We may notify you of to this policy by email or through the private messaging system on our various LuLusApple sites and stores.

7. Your rights

7.1data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.

7.2 Your principal rights under data protection law are:

(a) the right to access;

(b) the right to rectification;

(c) the right to erasure;

(d) the right to restrict processing;

(e) the right to object to processing;

(f) the right to data portability;

(g) the right to complain to a supervisory authority; and

(h) the right to withdraw consent.

7.3 You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge through email, but hard copies and or additional copies may be subject to a reasonable fee.

7.4 You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.

7.5 In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defense of legal claims.

7.6 In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defense of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defense of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.

7.7 You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defense of legal claims.

7.8 You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.

7.9 scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

7.10 To the extent that the legal basis for our processing of your personal data is:

(a) consent; or

(b) that the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract,

and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.

7.11 If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.

7.12 To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.

7.13 You may exercise any of your rights in relation to your personal data by written notice to us, in addition to the other methods specified in this Section 8. 

8. About cookies

8.1 A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.

8.2 Cookies may be either "persistent" cookies or "session" cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.

8.3 Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.

 

9. Cookies that we use

9.1 We use cookies for the following purposes:

(a) authentication - we use cookies to identify you when you visit our various LuLusApple stores and as you navigate our various LuLusApple stores (You can find policies on the cookies used for this purpose in section 15)

(b) status - we use cookies to help us to determine if you are logged into our various LuLusApple stores: (You can find policies on the cookies used for this purpose in section 15)

(c) personalization - we use cookies to store information about your preferences and to personalize the various LuLusApple stores for you. (You can find policies on the cookies used for this purpose in section 15)

(d) security - we use cookies as an element of the security measures used to protect user accounts, including preventing fraudulent use of login credentials, and to protect our various LuLusApple stores and services generally (You can find policies on the cookies used for this purpose in section 15)

(e) advertising - we use cookies to help us to display advertisements that will be relevant to you (You can find policies on the cookies used for this purpose in section 15)

(f) analysis - we use cookies to help us to analyze the use and performance of our various LuLusApple stores and services (You can find policies on the cookies used for this purpose in section 15)

(g) cookie consent - we use cookies to store your preferences in relation to the use of cookies more generally: (You can find policies on the cookies used for this purpose in section 15)

10. Cookies used by our service providers

10.1 Our service providers use cookies and those cookies may be stored on your computer when you visit our various LuLusApple stores.

10.2 We use Google Analytics to analyze the use of our various LuLusApple stores. Google Analytics gathers information about website use by means of cookies. The information gathered relating to our website is used to create reports about the use of our website. Google's privacy policy is available at: https://privacy.google.com/

You can find more information on Google Analytics https://developers.google.com/analytics/devguides/collection/analyticsjs/cookie-usage 

11. Managing cookies

11.1 Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via your perspective web browsers documents

11.2 Blocking all cookies will have a negative impact upon the usability of many websites.

11.3 If you block cookies, you will not be able to use all the features on LuLusApple.com and its affiliated LuLusApple stores.

12. Our details

12.1 This website is owned and operated by LuLu Lancaster, founder of LuLusApple.

12.2 Our principal place of business operation is a Private residence located in Mendocino County California USA Upon your purchase from LuLusApple you will be supplied with the physical Address 

 

12.3 You can contact us:

(a) by request of our physical Address;

(b) using our Etsy store contact form;

(c) by email to lulu [!at] lulusapple.com 

 

13. Data protection officer

13.1 Our data protection officer's contact details is: LuLu Lancaster at the above address.

14. Additional information

You can find all used/relevant 3rd party website, and other service provider privacy/cookie policies below, these websites and services are only used by me for communication regarding interest in my products, orders, payments, advertising, and shipping. Personal data maybe collected to fulfill orders and satisfy enquiries, including name, address, telephone, email.

 

14.1 Selling platforms:

 Mailchimp

https://mailchimp.com/legal/privacy/

 

Etsy 

https://www.etsy.com/legal/privacy/

 

Ebay

https://www.ebay.com/help/policies/member-behaviour-policies/user-privacy-notice-privacy-policy?id=4260#section11

 

Facebook:

https://www.facebook.com/about/privacy/update 

 

Shopify

https://www.shopify.com/legal/privacy

 

Instagram

https://help.instagram.com/155833707900388

 

14.7 Mail services

 

USPS: https://about.usps.com/who-we-are/privacy-policy/welcome.htm

and any affiliated 3rd party carriers

 

 

All Policies subject to change. and if all this becomes too cumbersome I may not sell to the EU any longer so there is that if you have read this whole ridiculous document…grr

 LuLusApple aka LuLu Lancaster