PRIVACY POLICY
Updated FEB, 22, 2024
PART I: INTRODUCTION
About Moody Fairy™ and this Privacy Policy
Moody Fairy Activewear Limited is a company incorporated and registered in Vancouver, Canada, and has its registered office in Vancouver, Canada (referred to in this Policy as “Moody Fairy”, "we, "us" and "our"). We are a “data controller” of your information for the purposes of the Data Protection Act 2018 and the EU General Data Protection Regulation (GDPR) (together the Data Protection Laws) (i.e. we are responsible for, and control the processing of, your personal information). We will use your personal data fairly, lawfully, and in a transparent manner, and in accordance with the Data Protection Laws.
Controller, Data Subject, Processor, and Processing shall have the respective meanings given to them in applicable Data Protection Laws from time to time (and related expressions, including process, processed, and processes shall be construed accordingly) and the international organization shall have the meaning given to it in the GDPR;
This Privacy Policy outlines how Moody Fairy will use, store, and share your personal data, and supplements any other fair processing or privacy notices provided to you.
This policy applies to any personal data that we collect about you when you:
· Visit our website www.moodyfairy.com (our "Website")
· Create an account with us (whether online or in-store)
· Contact us, for example by telephone, email, post, or by submitting a form on our website
· Place an order with us
· Interact with our digital content on your computer or mobile devices
· Sign up to receive email newsletters or catalogues
· Book a workout class with us
· Attend a Moody Fairy sponsored events
· Enter a competition
· Visit a Moody Fairy store
· Send us an inquiry
Moody Fairy Moody Fairy takes the privacy and security of your personal data very seriously. We only capture information from you that we need to deliver our services effectively and to keep in contact with you on the basis necessary to fulfil our obligations or as agreed between us. We will only use your personal data for any purpose that is necessary to fulfill our commitments to you, comply with the regulation or to fulfill an activity that you have consented to participate in.
At Moody Fairy, we identify two types of customers when visiting our Website or stores with regard to the use, storage, deletion, and other processing of personal data. These are:
· An Account Holder: Someone who has registered for an Account and chosen to save basic information about themselves to facilitate an enhanced customer experience based on our knowledge of that individual;
· A Guest User: Someone who purchases products or registers for communications but does not create an Account.
To understand what personal information is collected on our website when purchasing products or registering for an account or email newsletter, or, when shopping in our stores (including how it is captured and subsequently used to ensure a great service for you), please see the details below.
At Moody Fairy we believe it is important to share with you why we capture some data about you and the circumstances when we might be required to share it with third parties to deliver our services and comply with regulations.
Once we have your data, if at any time you wish to change your communication preferences please go to the “My Account” section on the Website or contact our customer service team. If you require information on any of your rights in regard to the use of your Personal Data please see the section ‘Your Rights’ toward the end of this Policy.
We will at all times seek to comply with the requirements of the Data Protection Laws in respect of all data that we collect from you, including ensuring that your personal information given to us is kept appropriately secure and is processed lawfully.
PART II: DATA COLLECTION AND HOW WE USE IT
When you create an account with us (whether online or in-store), place an order, interact with our digital content on your computer or mobile device, sign up to receive email newsletters or catalogues, book a workout class with us, attend a Moody Fairy sponsored event, enter a competition, call customer care, or send us an inquiry, we will collect certain personal information from you necessary to perform our services. Please see the following sections below to learn more about what personal information we collect and what we use it for.
1. Personal Details, “My Account” Management
When you register for an Account with us, we will collect personal data from you and you can view this in the “My Account” section. This may include but is not limited to your name, postal address, billing address, phone numbers, e-mail address and payment information, order history, and your preferences relating to what and how we may communicate with you.
We may also obtain information about you as a result of authentication or identity checks (for example in connection with our standard fraud checks when you make a purchase on our Website). We use this information to identify you as a customer, to process your order, to enable us to deliver products and services, to process payments, to update our records, and to generally manage your account with us. If we are not able to obtain this information, we may not be able to provide services to you or respond to your queries.
To fulfil our services to you, we may also use third-party services as Data Processors to provide elements of our overall service, such as couriers for the delivery of parcels and payment service providers for taking and approving payment.
Where we have given you (or where you have chosen) a password that enables you to access certain parts of our Website such as “My Account”, you must keep this password confidential. Please never share your password with anyone. No one from Moody Fairy will ever ask you to disclose it.
If you have an online customer account, you can amend or update your personal information by logging into the “My Account” section on our Website and amending your details as appropriate. This can include managing your communication preferences, contact, and delivery information.
If you have created a customer account in-store, you can amend or update your information by visiting a store and speaking to one of our sales associates, or by contacting our Customer Care Team at MOODYFAIRYOFFICIAL@GMAIL.COM
2. Marketing Communication & Preferences
Moody Fairy would like to send you information by email or post about products, services, competitions, sales, and special offers which may be of interest to you. There are several ways you can consent to our marketing: you can tick the relevant boxes on our account registration form; you can tick the relevant boxes in the ‘My Account’ section of the Website, and you can give consent in our retail stores by ticking the boxes on our registration forms or by contacting our Customer Services team by email at MOODYFAIRYOFFICIAL@GMAIL.COM
If you have consented to marketing communication, by opting in, we will send you marketing messages until you specify otherwise in your “My Account” section or by contacting our Customer Services team at MOODYFAIRYOFFICIAL@GMAIL.COM
You can opt-out at any time and from specific methods of marketing. Please see the ‘How Do I Unsubscribe From Communication?’ section below. Alternatively, you can email MOODYFAIRYOFFICIAL@GMAIL.COM
3. Personalized Experience
In order to offer you a personalized and relevant experience on our Website and in-store, we may collect information about the products you purchase, where you purchased the products from and other information related to your purchases.
We may also collect information about your browsing history, including the product pages you visit and the content you are looking at. We do this to help us analyze how users use the website (including behavior patterns), to understand more about our website users and to assist us in improving your online experience.
You can opt out of a personalized experience at any time by emailing MOODYFAIRYOFFICIAL@GMAIL.COM
4. Information About Your Device
We may also collect information on how you access our digital content and services and the type of device and internet browser you are using. This includes information relating to your device type, your IP address, and your visit source (i.e. a website from which you visited our Website). This information helps us ensure that we are able to provide effective technical services to enable you to access the right content from where you are located in a format appropriate to the device you are using and to troubleshoot any issues you may have if you report them to us.
For information about cookies and other technologies which are used on our Website, please see our Cookie Policy.
5. Location Information
We use your active location information (i.e. that relating to your mobile phone's physical location or the IP address from which you access our Website) to ensure you are directed to the relevant Website for the country you are residing in to ensure the right currency and options are presented to you. We do not use your location information for any other purposes.
6. How We Will Use Your Personal Information
We use your information (i) for research about our customers’ behavior and our products and services generally; (ii) to develop and improve our services; (iii) to administer and improve our website to ensure that content is presented in the most effective manner; (iv) to notify you about changes to our goods and services; and (v) to provide customer support. By analyzing and monitoring your personal data, we can enhance the customer experience and be more relevant to our marketing and communication.
You can opt-out at any time and from specific methods of marketing. Please see the ‘How Do I Unsubscribe From Communication?’ section below. Alternatively, you can email MOODYFAIRYOFFICIAL@GMAIL.COM
7. Basis For Using Your Information
7.1 Necessary For The Entry Into Or Performance Of A Contract
When you order or purchase products from us, we will enter into a contract with you to supply the products to you. In order to fulfil our obligations under such a contract, we will need to collect, process and share (as further detailed below) your personal information. Failure to provide the requisite personal information including the required financial information in relation to such orders or purchases, or objecting to this type of processing / exercising your deletion rights, will unfortunately mean we cannot provide our products to you.
7.2 Legitimate Business Interests
We use your personal information as set out in this Policy for the legitimate interests of our business to enable us to:
l Provide you with information about our products, services, competitions, sales, and special offers which may be of interest to you;
l Develop and improve our products and services for you and others;
l Understand you better and enhance your experience with Moody Fairy;
l Analyse and monitor your personal data so we can be more relevant with our marketing and communication;
l Carry out research to understand our website visitors' and other customers' behavior, how they use our website and services so we can develop and improve our products and services for you and others;
l Record details from calls to our Customer Care Team in order to enable us to provide a better service to our customers and for quality assurance purposes;
l Record details if you contact us via our Website using our Live chat service in order to ensure a high level of customer service in terms of understanding any issues you may have faced with ordering from our Website.
We are required to carry out a balancing test of our legitimate business interests in using your personal data outlined above against your interests and rights under the Data Protection Laws. As a result of our balancing test, which is detailed below, we have determined, acting reasonably and considering the circumstances, that we are able to process your personal data in accordance with the Data Protection Laws on the basis that we have a legitimate business interest.
Basis for using your information Why we use it Legitimate interest We have a legitimate business interest in processing your information as we wish to: Provide you with information about our products, services, competitions, sales, and special offers which may be of interest to you. Develop and improve our products and services for you and others. Understand you better and enhance your experience with Moody Fairy. Analyze and monitor your personal data so we can be more relevant with our marketing and communication. Carry out research to understand our website visitors' and other customers' behavior, and how they use our website and services so we can develop and improve our products and services for you and others. Record details from calls to our Customer Care Team in order to enable us to provide a better service to our customers and for quality assurance purposes. Record details if you contact us via our Website using our live chat service in order to ensure a high level of customer service in terms of understanding any issues you may have faced with ordering from our Website. Necessity We consider that it is reasonably necessary for us to process your personal data for the purposes of our legitimate interests outlined above as we process your personal data only so far as is necessary to achieve the purposes outlined above and as explained in this privacy policy. Impact of processing We consider that it is reasonable for us to process your personal data for the purposes of our legitimate interests outlined above as the processing of your personal data for these purposes does not unreasonably intrude on your privacy.
Consent
We may, on occasion, send you marketing messages by email and post about us, our products, events, promotions, and services where you have not unsubscribed and where you have purchased similar goods or services from us or where you have otherwise consented. You can opt-out at any time and from specific methods of marketing. Please see the “How Do I Unsubscribe From Communication?” section below. Alternatively, you can email MOODYFAIRYOFFICIAL@GMAIL.COM
8. Communication Preferences
If you have consented to receive promotional information or updates from Moody Fairy, we will contact you with information about our products, events, promotions, and services by post or by e-mail. Occasionally we may get in touch to request feedback on your experience in-store and/or on our Website and/or at an event, in order to improve our products and services.
You can opt-out at any time and from specific methods of marketing. Please see the “How Do I Unsubscribe From Communication?” section below. Alternatively, you can email MOODYFAIRYOFFICIAL@GMAIL.COM
9. Communication with Moody Fairy Customer Care
If you call our Customer Care team, please note that our Customer Care team may record details from the call for up to 30 days, in order to enable us to better service our customers, and for quality assurance purposes. If you contact us via our Website using our Live chat service we will store the conversations for 13 months in order to ensure a high level of customer service in terms of understanding any issues you may have faced with ordering from our Website.
PART III: CALIFORNIA RESIDENTS: YOUR PRIVACY RIGHTS
NOTICE OF COLLECTION OF PERSONAL INFORMATION AND PRIVACY POLICY UNDER THE CALIFORNIA CONSUMER PRIVACY ACT (CCPA)
This Notice and Privacy Policy applies only to the collection of personal information from California residents on and from January 1, 2020. This Notice supplements our privacy notices to provide California residents with information and rights required by the California Consumer Privacy Act (CCPA).
1. Our Approach to Privacy
This Notice and Privacy Policy describes the categories of personal information we collect, the business purposes for which we collect, use, and share your personal information, with whom we share it, and your rights to personal information. We also describe how you can contact us about our privacy practices.
For purposes of this Notice and Privacy Policy, we refer to personal information according to the following definition given in the CCPA: “Personal information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your household. Personal information does not include publicly available information, information that is de-identified or aggregate consumer information, or information or rights that are outside the scope of the CCPA. By accessing our website, purchasing our products, using our services, or submitting personal information to us, you consent to the collection, use, and sharing of such information as set forth in this Privacy Policy, as it may be updated from time to time.
2. The Categories of Personal Information We Collect
When you create an account with us (whether online or in-store), place an order, interact with our digital content on your computer or mobile device, sign up to receive email newsletters or catalogues, book a workout class with us, attend a Moody Fairy sponsored event, enter a competition, call customer care, or send us an inquiry, we will collect certain personal information from you necessary to perform our services.
We collect the following categories of personal information:
- Identifiers: This may include contact information that you directly provide to us in order to communicate with you or fulfill your order such as your name, postal address, billing address, phone numbers, and e-mail address, as well as information we collect indirectly when you visit our websites, such as your IP address, customer number, and device identifier.
- Customer Information Under California Civil Code §1798.80(e): This information comprises any information that identifies, relates to, describes, or is capable of being associated with you in our records. When you register for an account with us, we will collect personal information from you, which in addition to contact information, may include payment information, order history, and your preferences relating to what and how we may communicate with you. We may also obtain personal information about you as a result of authentication or identity checks (for example in connection with our standard fraud checks through our service providers when you make a purchase on our Website). We use your customer information to identify you as a customer, to process your order, to enable us to deliver products and services, to process payments, to update our records, and to generally manage your account with us. If we are not able to obtain this information we may not be able to provide services to you or respond to your queries.
- Commercial Information: This information may include your purchases and transaction history.
- Internet and electronic history: Information regarding your use of our Websites is collected through the use of cookies and tracking technologies. We collect information on how you access our digital content and services and the type of device and internet browser you are using. Cookies are useful because they allow a website visitor to recognize a user’s device. Cookies do lots of different jobs, like letting you navigate between pages efficiently, remembering your preferences, and generally improving the user experience. They can also help to ensure that the advertising you see online is more relevant to you and your interests. We also permit our advertising partners to use third-party cookies on our website so that you can see online advertising tailored to your interests. For additional information about cookies and other technologies which are used on our Website, and how to opt out of cookies, please see our Cookie Policy.
In the past twelve (12) months, we have collected the following categories of personal information: Identifiers, Customer Information under section 1798.80(e) of the California Civil Code, Commercial Information, and Internet History.
3. We Collect Your Personal Information To Fulfill Your Orders and For Other Legitimate Business Purposes
We collect and use your personal information for providing you with products you have requested or pursuant to a contract, to market you the products, to respond to your inquiries or requests, for security purposes, and for other lawful business purposes as specified below.
Necessary for the entry into or performance of a contract
When you order or purchase products from us, we will enter into a contract with you to supply the products to you. In order to fulfill our obligations under such a contract, we will need to collect, process, and share your personal information. Failure to provide the requisite personal information including the required financial information in relation to such orders/purchases or objecting to this type of processing / exercising your deletion rights, will unfortunately mean we cannot provide our products to you.
Legitimate Business Interests
· Provide you with information about our products, services, competitions, sales, and special offers which may be of interest to you
· Develop and improve our products and services for you and others
· Understand you better and enhance your experience with Moody Fairy
· Gather research about our customers’ behavior and our products and services generally
· Analyze and monitor your personal data so we can be more relevant with our marketing and communication
· Market you our products and services
· Administer and improve our website to ensure that content is presented in the most effective manner
· Carry out research to understand our website visitors' and other customers' behavior, and how they use our website and services so we can develop and improve our products and services for you and others
· Record details from calls to our Customer Care Team in order to enable us to provide a better service to our customers and for quality assurance purposes
· Record details if you contact us via our Website using our Live chat service in order to ensure a high level of customer service in terms of understanding any issues you may have faced with ordering from our Website
· Detect security incidents, and protect against malicious, deceptive, fraudulent, or illegal activities
4. Sharing of Your Personal Information
We do not sell your personal information to third parties.
Service Providers
In certain circumstances, we may share your personal information with carefully selected partners or service providers who perform functions on our behalf such as:
· Creating an account, fulfilling orders, processing payments, fraud risk management, and data management on our behalf.
· Handling our order dispatch service and other deliveries.
· Website hosting services.
· Assisting Moody Fairy in promoting our products and services to provide you with enhanced customer services and/or share information about Moody Fairy products and services with you.
· Assisting Moody Fairy with analyzing our customer data to better understand, profile, and monitor customer patterns, so we can consistently improve our products and services and understand what may be of interest to you and other customers.
· Other support services, including for the purposes of obtaining legal advice and credit risk reduction.
In each case, we will only provide these partners or service providers with the information which they need to carry out their services. They will not be permitted to use the information for other purposes and will be bound by the same duty of care as us regarding data privacy. They will only be allowed to use your information in the way in which we instruct them and as permitted by applicable Data Protection Laws.
We may also share aggregated or anonymized information that does not identify you with partners or service providers.
Financial Institutions And Payment Processing Partners
Payments on our Website are made through our payment solutions providers. You will be providing credit or debit card information directly to our providers who process payment details in a secure manner.
Third Parties
In certain circumstances we may disclose personal information relating to you to third parties in order to conform to any requirements of law, to comply with any legal process, and/or to protect and defend the rights and property of Moody Fairy.
In the past twelve (12) months, we have shared the following categories of personal information: Identifiers, Customer Information under section 1798.80(e) of the California Civil Code, Commercial Information, and Internet History.
5. Your Rights in Personal Information
California residents have certain rights regarding their personal information:
· Right to Know: You may request no more than twice in a 12-month period that we provide you with copies of specific personal information we have collected, sold, shared, or otherwise disclosed about you. However, under California law, we cannot provide you with certain sensitive information, despite your request (for example, we will not send you copies of your credit card number even if it is something we collected).
· Right to Delete: You may request that we delete certain personal information we have collected about you, with certain exceptions.
· Right to Correct: You may request that we correct inaccurate personal information that we maintain about you.
· Right to Opt-Out: You may opt out of the sharing of your personal information with third parties for cross-context behavioral advertising purposes.
· Shine the Light: Under California's "Shine the Light" law, you have the right to ask us once a year if we have shared your personal information with third parties for direct marketing purposes.
Exercising Your Right to Know, Delete, or Correct. To exercise your rights to know, delete, or correct, please submit a request by emailing us at MOODYFAIRYOFFICIAL@GMAIL.COM.Please describe your request with sufficient detail, so we can properly respond to your request. As part of your request, please specify which right you are exercising and be prepared to provide the following information: name, email, and type of request you would like to make. We may ask for additional information to verify your identity. The information you provide in your request and any follow-up information we ask for from you will be used solely to verify your request.
We will (i) confirm receipt of requests to know, Access or delete within 10 days of the request; and (ii) generally respond to requests to know, data portability or to delete within 45 days of the request. If we need additional time to respond to your request beyond the 45 days, we will provide you with a notice explaining the reasons we need more time, and we will then take up to an additional 45 days to respond to your request.
You can exercise your right and choices either by using the specific links provided on this page (see below) or by contacting us as specified in the section How to Contact Us.
To unsubscribe from communications, please see the information on our web page - “How Do I Unsubscribe”
Exercising Your Right to Opt Out. This Site recognizes opt-out preference signals, which are also called Global Privacy Control (GPC) signals, and will automatically opt you out of the sharing of your information in a frictionless manner if you have turned on such signals. Some browsers turn on GPC signals automatically, but you may need to configure your browser or use a browser extension to enable such signals. Even if you do not currently use GPC signals, you may still opt out of the sharing of your personal information, but to do so you must turn off third-party advertising trackers on any device used to access the Site. Please visit our Cookie Policy link at the bottom of the website.
Notice For California And Virginia On How To Opt-Out
The information below contains instructions for submitting consumer rights requests as defined by various U.S. state data privacy laws including:
· California Consumer Privacy Act, as amended by the California Privacy Rights Act
· Virginia’s Consumer Data Protection Act
You can contact MOODYFAIRYOFFICIAL@GMAIL.COM for more information about how we collect and use personal information.
To opt out of the sharing of your personal information for targeted advertising
Our website contains online trackers, including cookies, that share personal information with third-party advertising partners for the purpose of targeted advertising. These online trackers are placed on your device and collect information regarding website visits and browsing behavior.
For California residents, this type of online tracking is referred to as “the sharing of information for the purpose of cross-context behavioral advertising” and you have the right to opt-out.
For Virginia residents, this type of online tracking is referred to as “targeted advertising” and you have the right to opt-out.
To opt out of online tracking, follow the steps below to disable advertising cookies:
· Click on our cookie policy and open Manage Preference Button:
· Click on Third-Party Advertising Trackers - Marketing, Personalization, and Social Media in the left menu.
· Set the toggle to "Inactive"
· Click "Confirm My Choices"
In addition, if you have previously shared personal contact information with us, such as your name, email address, or phone number, you may also submit a request form to opt out of the sharing of this type of personal information with our advertising partners:
6. Third Party Links and Websites
Our Website may from time to time contain links to other websites not controlled by us. You will know when the link is taking you to another website as a new window will pop up. If you click on any of the links to such websites from our Website, you should review that website’s privacy statements or policies and terms and conditions carefully as your use of those websites may be subject to them.
If you are visiting the careers page on our Website and click on the link to see job vacancies, you will be redirected to our careers portal, TribePad. When registering on the portal you will be informed about what information is stored and how your information will be used.
7. How to Contact Us
If you wish to exercise any of your rights under the CCPA, or have any questions about the way in which your information is being collected or used which are not answered by this Privacy Policy and/or any complaints please email MOODYFAIRYOFFICIAL@GMAIL.COM so that we can do our very best to sort out the problem.
Alternatively, you can visit any store and talk to our sales representatives. They will forward your request to our headquarter office and we will get back to you in the way that you provide.
8. Access by Persons With Disabilities
Persons with disabilities who need assistance accessing this policy may contact us as provided for in section 12, and depending on your individual needs, the company will grant reasonable requests to furnish this policy in an alternative format.
9. Children
We do not knowingly collect personal information from children under the age of 13. If you are under 13, please do not give us any personal information. We do not sell any personal information, including the personal information of minors under 16 years of age.
This policy was last updated on January 10, 2020.
PART IV: Virginia Residents: Your Privacy RIGHTS
If you are a Virginia resident, this section applies to you in addition to the rest of this Privacy Policy.
Selling Your Data and Using Your Data for Targeted Advertising. We do not sell your personal data to third parties, but we may process your personal data for targeted advertising. You can opt out of the processing of your data for targeted advertising as detailed in the “Exercising Your Rights” section, below.
Your Rights. Virginia law gives you certain rights regarding your personal data:
· Right to Know. You may request no more than twice in a 12-month period that we provide you with copies of specific personal data we have processed.
· Right to Correct. You may request that we correct inaccurate personal data we maintain about you.
· Right to Delete. You may request that we delete certain personal data we have collected about you, with certain exceptions.
· Right of Access. You have the right to request a copy of the personal data we have collected from you, and under certain circumstances to receive a copy of such personal data.
· Right to Opt Out. You have the right to opt out of the processing of your personal data for targeted adverting.
Exercising Your Right to Know, Correct, Delete, or Access. To exercise any of your rights above, please submit a request to MOODYFAIRYOFFICIAL@GMAIL.COM. Please also describe your request with sufficient detail so we can properly respond to your request. As part of your request, please specify which right you are exercising and be prepared to provide the following information: name, email, and type of request you would like to make. We may ask for additional information to verify your identity. The information you provide in your request and any follow-up information we ask for from you will be used solely to verify your request. After receiving your request, we may need to contact you for further information and will notify you if your request has been granted or declined, or if an exception applies to your request. Only you or an individual designated as your authorized agent to act on your behalf may make a request related to your personal data.
Exercising Your Right to Opt Out. This Site recognizes Global Privacy Control (GPC) signals and will automatically opt you out of the processing of your personal data for targeted adverting if you have turned on such signals. If you have not turned on such signals, to opt out of the processing of your personal data for targeted adverting, you must turn off third-party advertising trackers on any device used to access the Site. To do so, visit our Cookie Policy page on our website and follow the directions for updating your Cookie Preferences.
To opt out of the sharing of your personal information for targeted advertising click the Cookie Setting link:
· Click on our cookie policy and open Manage Preference Button:
· Click on Third-Party Advertising Trackers - Marketing, Personalization, and Social Media in the left menu.
· Set the toggle to "Inactive"
· Click "Confirm My Choices"
Responding to Your Rights Request. We will try to respond to your request within 45 days. If we need more time, we will contact you with the reason and the extension period. We will deliver our written response by mail or electronically, at your option. Our response will also explain the reasons we cannot comply with any request, if applicable. We do not charge a fee to process or respond to your request unless your request is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate prior to completing your request.
You have the right to appeal our refusal to act on a rights request within 30 days after receiving our decision by contacting us as detailed at the end of this Privacy Policy. We will try to inform you of our decision in writing within 60 days after receipt of your appeal, with a written explanation of our decision.
PART V: HOW DO I UNSUBSCRIBE FROM COMMUNICATION?
You can opt out of marketing communication such as email newsletters and catalogues at any time. All you need to do is change your communication preferences in ‘My Account’. You can do that as indicated in the particular communication, e.g. by using the unsubscribe link which is included in all emails.
If you choose to opt out of marketing emails, this can take up to two weeks for the change to flow through our systems.
Please remember, if you do ‘opt out' of receiving this information you are more likely to miss out on offers and rewards.
If you no longer wish to receive catalogues you can unsubscribe from mailings via ‘My Account' or if you no longer wish to receive catalogues you can unsubscribe by contacting Customer Care at MOODYFAIRYOFFICIAL@GMAIL.COM. Moody Fairy will stop sending you catalogues within a reasonable period, which may take up to 8 weeks.
Even if you have opted out of receiving emails we will continue to send you transactional emails about your purchases or requesting feedback on products purchased for the purposes of performing our contract with you. You can also unsubscribe from product and store review emails by clicking on the unsubscribe link within these emails.
You can opt out of a personalized web experience at any time. Please see ‘Your Rights’ section below. Alternatively, you can email MOODYFAIRYOFFICIAL@GMAIL.COM.
PART VI: YOUR PERSONAL INFORMATION AND HOW LONG WE KEEP IT
We will only keep your information as long as you have an account with us and for 5 years after your last purchase or otherwise as required for our business operations records or by law. If you are a guest user, we will only keep your information for 24 months after your order has been fulfilled or otherwise as required for our business operations records or by law. This information will be always kept secure and only used for the legitimate purpose we require it or that you have consented to. After the stated period of time expires, we will anonymize all of your personal data, however, some order information will be stored as an unknown customer.
Where information is entered but not completed, such as in adding items to your shopping basket but not completing checkout, we will delete this data after 30 days for a Guest User and 60 days for an Account Holder.
PART VII: Cookies and How We Use THEM
We use cookies, local storage, and other similar technologies which may place codes on or access information from and/or about your device to elevate your user experience and the quality of our Website and service. This includes remembering what you have added to your basket, your wish list, and what you have browsed. We will also recognize you when you visit our Website and where you have visited from. Please see the Cookie Policy for more information.
PART VIII: OTHER PEOPLE WHO MIGHT USE YOUR INFORMATION
In certain circumstances, we may share your information with carefully selected partners or service providers who perform functions as a Data Processor on our behalf such as:
· Creating an account, fulfilling orders, processing payments, fraud risk management, and data management on our behalf.
· Handling our order dispatch service and other deliveries.
· Website hosting services.
· Assisting Moody Fairy in promoting our products and services to provide you with enhanced customer services and/or share information about Moody Fairy products and services with you.
· Assisting Moody Fairy with analyzing our customer data to better understand, profile, and monitor customer patterns so that we can consistently improve our products and services and understand what may be of interest to you and other customers.
· Other support services.
In each case, we will only provide these partners or service providers with the information which they need to carry out their services. They will not be permitted to use the information for other purposes and will be bound by the same duty of care as us regarding data privacy. They will only be allowed to use your information in the way in which we instruct them and as permitted by the Data Protection Laws.
We may also share aggregated or anonymized information that does not identify you with partners or service providers.
Financial Institutions And Payment Processing Partners
Payments on our Website are made through our payment solutions providers. You will be providing credit or debit card information direct to our providers who process payment details in a secure manner.
Legal Disclosures
In certain circumstances, we may disclose personal information relating to you to third parties in order to conform to any requirements of the law, to comply with any legal process, for the purposes of obtaining legal advice, for purposes of credit risk reduction, to prevent and detect fraud and/or to protect and defend the rights and property of Moody Fairy.
Business Or Process Change Partners
If we or a part of our business undergo re-organization or are sold to a third party, any personal information we hold about you may be transferred and/or disclosed to that re-organized entity or third party.
Overseas Transfers Of Data
The personal information that you provide through our Website is processed within the European Economic Area (EEA). We may transfer information that we collect from you to our affiliated companies, partners, and service providers who assist Moody Fairy in delivering and promoting its products and services and to selected service providers/Data Processors who perform functions on our behalf, based in countries outside of the EEA or your country of residence and this information may be stored and processed in such countries which may not be countries that the European Commission has deemed to have adequate security in place. We have therefore incorporated the European Commission approved clauses into our agreement with such partners and service providers to ensure the security of your personal data. A copy of the European Commission approved model clauses is available here: Whether the personal information you provide to us is processed by us, our affiliated companies, partners, or services providers within the EEA or outside of it, we will take steps to ensure that your personal information will be afforded the same level of protection required of us under and in accordance with this Privacy Policy and applicable data protection laws and in accordance with current legally recognized data transfer mechanisms. We transfer such data as we deliver our products globally and work across the world and work with a number of worldwide partners to deliver our products. Additionally, our partners may change over time. We always strive to have appropriate safeguards in place with each of our suppliers.
PART IX: THIRD-PARTY LINKS
Our Website may from time to time contain links to other websites not controlled by us. You will know when the link is taking you to another website as a new window will pop up. Whilst we try to ensure all third-party links are to websites that are compliant with Data Protection Laws, we cannot guarantee this is always the case. If you click on any of the links to such websites from our Website, you should review that website’s privacy statements or policies and terms and conditions carefully as your use of those websites may be subject to them.
If you are visiting the careers page on our Website and click on the link to see job vacancies, you will be redirected to our careers portal, TribePad. When registering on the portal you will be informed about what information is stored and how your information will be used.
PART X: SECURITY STATEMENT
Although we do our best to protect your personal data when we have received it, we cannot guarantee the security of your data whilst being submitted to us and any transmission is at your own risk. We do however use security features to try to prevent unauthorized access wherever possible. Personal information provided to Moody Fairy via our Website and online credit card transactions are transmitted through a secure server using Secure Socket Layering (SSL), encryption technology. When the letters "http" in the URL change to "https," the "s" indicates you are in a secure area employing SSL; also, your browser may give you a pop-up message that you are about to enter a secure area or display a padlock image.
Our Website uses this encryption technology to protect your information during data transport. SSL encrypts ordering information such as your name, address, and credit card number. Our Customer Care team and stores also operate over a private, secure network. Please note that e-mail and correspondence via Live Chat are not encrypted and are not considered to be a secure means of transmitting personal data and credit card information.
Moody Fairy shall at all times maintain appropriate physical, electronic, managerial, and organizational measures to safeguard and secure Personal Data against accidental, unauthorized, or unlawful loss, unauthorized modification, disclosure, or access that is determined to be appropriate to the risk. All our employees and data processors who have access to, and are associated with the processing of personal information, are required to respect the confidentiality of the personal information of all users of our services.
Personal Data stored about you is held securely with appropriate measures in place to reduce the risk of a malicious attempt to access or misuse your data. We will delete your data when we have no further legitimate use for it in line with our storage policy and as specified above.
PART XI: YOUR RIGHTS
You have the following rights in respect of the information we hold about you:
· The right to request information about and a copy of your information which we hold. If you would like a copy of some or all of it please:
1. Email MOODYFAIRYOFFICIAL@GMAIL.COM
2. Let us know what information you want a copy of, including any account or reference numbers you have, if you have them.
3. We may ask you for personal information to verify your identity.
· The right to correct any mistakes in your information (if it is not accurate or not complete). If you would like us to do this please:
1. Email MOODYFAIRYOFFICIAL@GMAIL.COM
2. Let us have enough information to identify you (e.g. account number, user name, registration details); and
3. Let us know what information is incorrect and what it should be replaced with
· In certain circumstances, the right to delete your information. If you would like us to do this please email MOODYFAIRYOFFICIAL@GMAIL.COM
· In certain circumstances, the right to restrict the processing of your information. If you would like us to do this or would like more information please email MOODYFAIRYOFFICIAL@GMAIL.COM
· In certain circumstances, the right is for you to obtain and re-use the information we hold about you with other service providers. If you would like to do this or you would like more information please email MOODYFAIRYOFFICIAL@GMAIL.COM
· Where we are processing your personal data on the basis of our legitimate business interests the right in specific circumstances to object to certain types of processing. If you would like to do this or you would like more information please email MOODYFAIRYOFFICIAL@GMAIL.COM
· The right not to be subject to a decision based solely on automated processing. If you would like to do this or would like more information please email MOODYFAIRYOFFICIAL@GMAIL.COM
· The right to withdraw your consent where we are relying on it to process your personal data. If you would like to do this or would like more information please email MOODYFAIRYOFFICIAL@GMAIL.COM
It may take up to 14 days to ensure your request to invoke any of your rights is fully actioned. Moody Fairy reserves the right where we are entitled to do so to charge a reasonable administration fee to cover the cost of fulfilling a request to exercise any of these rights. Any fee applicable to the performance of an action will be advised to you at the point of making a request.
PART XII: CHANGES TO THIS PRIVACY POLICY
We may update this Privacy Policy from time to time. The amended Privacy Policy will be posted on our Website. Please check this page regularly for changes to this Privacy Policy.
PART XIII: CONTACTING MOODY FAIRY
If you have any questions about the way in which your information is being collected or used which are not answered by this Privacy Policy may be directed to us by emailing MOODYFAIRYOFFICIAL@GMAIL.COM. Please be sure to include in any email or postal mail your full name, email address, postal address, and any message.
This Policy was last reviewed and updated in May 2023.
PART XIV: USER-GENERATED CONTENT
Thank you for agreeing to let Moody Fairy use your photo, video, post, and/or other online content (the “Content”). By replying “#ilovemoodyfairy”, you grant Moody Fairy the right to use your Content for any lawful commercial purpose Moody Fairy deems appropriate. This includes use on any social media platform, in advertising, and for the promotion of Moody Fairyproducts or services, regardless of the media used. In addition, Moody Fairy may edit, change or alter your Content as it sees fit, all without payment of any compensation to you or a third party – and without you having the right to review or approve the finished product or advertising copy or have any right of attribution. Furthermore, you agree that Moody Fairysubsidiaries, affiliates, agents, employees, representatives, assigns, licensees, and anyone else acting on behalf of Moody Fairy, or with Moody Fairy permission, has the right to use the Content as provided in these Terms and Conditions too. This permission will last for so long as Moody Fairy wishes to use your Content, or until you withdraw your consent to Moody Fairy using your Content (whichever occurs is sooner). Please note there is a 2-year Content retention period in place. Moody Fairy wants to ensure that it doesn’t use any content that violates the rights of any third party or will be viewed as defamatory, obscene, or threatening to any other party. The company also respects the intellectual property rights of others. Therefore, by giving Moody Fairy permission to use your Content, you represent and warrant to Moody Fairy that:
1. you are the owner of the Content you have provided, including all ideas, images, text, and intellectual property rights within the Content, inclusive of copyrights, trademark rights, patent rights, publicity rights, and privacy rights, or if you are not the owner of such rights, you have already obtained permission from the owner of such rights and have the authority to grant Moody Fairy permission to use the Content as provided in these Terms and Conditions;
2. Moody Fairy use of your Content as provided herein will not infringe on the intellectual property rights, publicity rights, or privacy rights of any third party, or require the payment of any compensation to any third party;
3. nothing in the Content you provided is likely to be considered defamatory, obscene, or threatening to any third party;
4. you are of full age and have the right to enter into this agreement in your own name. You hereby release Moody Fairy from any claims related to Moody Fairy use of the Content as permitted herein, whether in existence today or in the future, including, without limitation, all rights, demands, and/or liabilities regarding invasion of privacy, copyright infringement, violation of the rights of publicity and privacy, moral rights and/or breach of confidentiality. By replying “#ilovemoodyfairy” and tagging @moodyfairy_global, you acknowledge and agree that you have read, understand, and agree to the above Terms and Conditions.
* Privacy Policy is subject to change without notice.