1.         Introduction

This privacy policy sets out the types of personal data thatMiss Kick may collect about you when you interact with us and explains how weprocess your personal data.

This privacy policy applies if you are a visitor to ourwebsite or social media pages (a WebsiteUser) and/or if you purchase any products from Miss Kick (a Customer) and/or if you are a general user (an App User) of the Miss Kickapp (App) and/or an ambassador of the Miss Kick community on the App (anAmbassador).  

We are responsible for deciding how we hold and use personaldata we collect or receive about you. We are committed to protecting andrespecting your privacy. We will ensure your personal data is stored and usedin accordance with this privacy policy.

We may collect, use, store and transfer different kinds ofpersonal data about you, for example when you contact us or when you subscribeto our newsletter, (if you are a Website User) when you visit and use our website,(if you are a Customer) when you purchase products from us, (if you are an AppUser) when you download and register an account for the App, or (if you are anAmbassador) when you apply to be an Ambassador.

We want you to know that we don’t sell any of the personal datayou share with us or that we collect.

Please read this privacy policy carefully. This privacypolicy may change from time to time. We will regularly review this privacypolicy and any updates we make will be posted on our website. We encourage youto frequently check this page on our website for any changes to stay informedabout how we are collecting and processing personal data about you.

This privacy policy was drafted with brevity and clarity inmind. It does not provide exhaustive detail of all aspects of our collectionand use of personal data. However, we would be happy to provide any additionalinformation or explanation upon request. If you have any questions or concernsabout any of your personal data or information contained within our privacypolicy, please contact us using the details below.

2.         How tocontact us

MissKick Ltd is the “data controller” in respect of yourpersonal data for the purposes of data protection legislation. MissKick Ltd isa limited company registered in England and Wales under company number 11307456.Our registered office is at The Bonded Warehouse, 18 Lower Byrom Street,Manchester, United Kingdom, M3 4AP.

References in this privacy policy to “we”, “us” “our” and “Miss Kick” are to MissKick Ltd.

The person responsible for data protection matters at MissKick is Grace Vella and she can be contacted by email at info@misskick.com.

3.         What data do we collect?

Personal data isany information about an individual from which that person can be identified. Itdoes not include data where the identity has been removed (anonymous data).

Whenever we collect, store, use, disclose or delete yourpersonal data, this is referred to as processingyour personal data. As a Website User and/or Customer and/or App User and/orAmbassador, we will process different kinds of personal data about you. We havegrouped these together in different categories below:

·      Identitydata – data which identifies you including your name, title, username, gender,date of birth, age, profile photo on the App and any images of yourself whichyou send to us or upload to the App.

·      Contactdata – your contact details such as your delivery address, billing address,telephone number(s) and email address.

·      Purchasedata – information concerning the products you have purchased from us,including how frequently you purchase from us, whether you have used anydiscount or gift card codes or other offers, which products you have purchasedand how much you have spent with us.

·      Securitydata - for your security, we keep an encrypted record of your loginpassword.

·      CustomerService data – information relating to your interactions with ourcustomer service team by email, phone or post or by submitting an enquiry formon our website or by reporting an issue on the App. For example, informationyou provide when you make a general enquiry, ask us for product advice or inthe unfortunate case that you need to complain to us.

·      Financialdata – data we collect if you purchase a product from us, such as your bankaccount and payment card details.

·      Reviewdata – information you provide to us when you review our products on our websiteor when you provide feedback to our customer services team.

·      Appdata – data we collect relating to your interactions with our App suchas when you like or comment on our posts in the gallery or newsfeed in the App,or which you otherwise upload to the App, and (if you are an Ambassador) informationabout any Ambassador challenges you have signed up for (via the App) andcompleted.

·      Marketingdata – data which we capture when you sign up to receive our newsletter andother marketing communications, including your preferences regarding uscontacting you in this way.

·      Usagedata – information about how you use our website, including how younavigate our website, which pages you view, the advertisements you click on,any search terms you enter and if you encounter any problems. We also collectdetails of how you arrive at our website (eg through Google).

·      Technicaldata – electronic information which is automatically logged/stored by processingequipment including details of the device(s) you use to access our services,internet protocol (IP) address, your login data, browser type and version, timezone setting and location, browser plug-in types and versions, operating systemand platform and other technology on the devices you use to access our website.

·      SocialMedia data – data you provide to us directly about your social mediaaccounts or which we have access to when you connect with us or like or followour social media accounts, including your social media handle, photograph, dateof birth, location, occupation, interests and other information and content youmake available via your social media accounts.

We may also collect, use and share aggregated data such as statistical or demographic data for anypurpose. Aggregated data may be derived from your personal data but is notconsidered personal data in law as this data does not directly or indirectlyreveal your identity. For example, we may aggregate your Usage data tocalculate the percentage of users accessing a specific feature of our website.However, if we combine or connect aggregated data with your personal data sothat it can directly or indirectly identify you, we treat the combined data aspersonal data which will be used in accordance with this privacy policy.

We do not collect any specialcategory or criminal data about you (such as information about your health,criminal record, race, political opinions, religious beliefs or your sexuality). 

4.         When do we collect your data?

Direct interactions:Most of the personal data we hold about you is collected directly from you whenyou interact with us or correspond with us directly via our website or App, byemail or on social media. This includes personal data you provide when you:

·      visit our website;

·      create an account on our website or App;

·      register to become an Ambassador;

·      place an order for any of our products;

·      subscribe to receive our marketingcommunications;

·      engage with us on social media, such as byfollowing us, liking our posts, commenting on our posts or sending directmessages;

·      (if you are an Ambassador) sign up for (via theApp), and complete, an Ambassador challenge;

·      contact us by any means including filling out anenquiry form on our website or by sending us an email;

·      give us feedback;

·      comment on or review our products on our website;

·      comment on or like our posts in the gallery ornewsfeed in the App.

Automated technology:When you visit our website, our systems will automatically collect informationabout your equipment, browsing actions and patterns. We collect this personaldata (namely Technical and Usage data) by using cookies, trackingpixels, server logs and other similar technologies. Please see the sectionheaded “Cookies” below.

Other third parties:We may also receive personal data about you from various third parties as setout below:

·      our third party ecommerce website provider(currently Shopify) whose services enable us to process electronic orders andpayments for products;

·      our third party warehouse provider (currentlySynergy Retail Support) who provide stock management and delivery services;

·      analytics providers, such as Google Analytics andOmnisend who provide us with Technical and Usage data;

·      advertising networks, such as Google Adwords andFacebook who provide us with Technical and Usage data; and

·      operators of social media platforms, includingFacebook, Instagram, Twitter, LinkedIn, YouTube and TikTok, which may be basedoutside of the UK and EEA.

5.         How and whywe use your personal data

We only processyour personal data where we have a legal basis to do so. The legal basis willvary depending on the reason we are collecting your personal data. Sometimes wemight rely on more than one legal basis when we process your personal datadepending on why are using your data. Please contact us at any time if you needmore information about how we are using your personal data and which legalbasis we are relying on. We have summarised below the legal basis we rely on touse your personal data and examples of how this works in practice:

·      Where itis necessary for the performance of a contract to which you are a party or totake steps at your request before entering into such a contract

We will need to process your data when you purchaseproducts from us in order to process and deliver your order including taking paymentfrom you. We are likely to process your Identity, Contact, Purchase,Customer Service and Financial data on this basis.

·      Where wehave your consent to do so, subject to your right to withdraw consent (furtherdetails provided in the section headed “What are your rights over your data" below)

Children under the age of 13 years will not beable to create an account for the App. For children under the age of 16 years whowish to become an Ambassador, we will seek the consent of a parent/guardian foryou to become an Ambassador.

            We maysend you marketing communications by email if you have subscribed to receiving these communications from us.  We use Omnisend to monitor and improve theeffectiveness of our marketing communications to make them more suitable forour customers. Omnisend track whether our emails are opened and which features/linksrecipients click on. Further information on Omnisend can be found at: https://www.omnisend.com.

            Please see the section headed “Marketing preferences” for informationon how to stop direct marketing communications from us or to change yourmarketing preferences.

We will also obtain yourconsent to collect certain Usage and Technical data when we askyou to consent to cookies. Please see the section headed “Cookies” below for more information.

            Where we process information on the basis of consent, ifat any time you want us to stop processingthis information, you can withdraw your consent.

·      Where itis necessaryto comply with a legalor regulatory obligationthat we aresubject to

We are subject to legal and regulatory obligations thatrequire us to process your personal data, for example, anti-money laundering obligationsand consumer contracts legislation. We are likely to process your Identity,Contact, Purchase, Security, Financial, and Technicaldata in connection with this purpose.

·      Where itis necessary for our legitimate interests (or those of a third party) and yourinterests and fundamental rights do not override those interests

Our legitimate interests in processing your personal datafor our own business purposes include the following:

·               To manage our relationship with you and notifyyou of changes to our terms and conditions or this privacy policy (which mayinclude processing Identity, Contact, Purchase, Security,Customer Service, Review, App, Marketing, Usage,Technical and Social Media data);

·               To promote our products and our business,including via our website and App, via email, and via social media (which mayinclude processing Identity, Contact, Purchase, CustomerService, Review, App, Marketing, Usage, Technicaland Social Media data);

·               To personalise our marketing to you to provideyou with a better and more engaging experience (which may include processing Identity,Contact, Purchase, Customer Service, Review, App,Marketing, Usage, Technical and Social Media data);

·               To correspond with you concerning your account forour website or App or your purchases, and to respond to your queries, refundrequests and complaints (which may include processing Identity, Contact,Purchase, Customer Service, App, Marketing, Usageand Social Media data);

·               To conduct our business and operate as a retailerof clothing, to further our business and community interests and operateprofitably (which may include processing Identity, Contact, Purchase,Customer Service, Review, App, Marketing, Usage,Technical and Social Media data);

·               To develop and grow our business, improve ourproducts and offerings, our website and App, and our customer service (whichmay include processing Identity, Contact, Purchase, CustomerService, Review, App, Marketing, Usage, Technicaland Social Media data);

·               To process orders for products includingmanaging payments and collecting and recovering money owed to us (which mayinclude processing Identity, Contact, Purchase,Financial, Customer Service, Review,Marketing, Usageand Social Media data);

·               To send you survey and feedback requests to helpus improve our products and services (which may include processing Identity,Contact, Purchase, Customer Service, Review, App,Marketing, Usage and Social Media data). You may opt outof receiving these requests from us at any time by updating your marketingpreferences. Please see the section headed “Marketing preferences” for more information;

·               To administer and protect our business, our website,our online store and our App (including troubleshooting, data analysis,testing, system maintenance, support, reporting and hosting of data) (which mayinclude processing Identity, Contact, Purchase, CustomerService, Review, App, Usage and Technical data);

·               To create and maintain accurate business records(which may include processing Identity, Contact, Purchase,Customer Service, Review, App, Marketing, Usage,Technical and Social Media data);

·               To protect our business and financial interestsand for the purpose of establishing, exercising or defending legal claims(which may include processing Identity, Contact, Purchase,Security, Customer Service, Financial, Review, App,Marketing, Usage, Technical and Social Media data);

·               To ensure our website, online store and App arebeing used in compliance with relevant terms and conditions (which may includeprocessing Identity, Contact, Purchase, Security, CustomerService, Financial, Review, App, Marketing, Usage,Technical and Social Media data); and

·               For fraud prevention, anti-money laundering, andfor the prevention or detection of crime (which may include processing Identity,Contact, Security, Financial, Usage and Technicaldata).

6.         Change of purpose

We will only use your personal data for the purposes forwhich we collected it, unless we reasonably consider that we need to use it foranother reason and that reason is compatible with the original purpose. If wewish to use your personal data for an unrelated purpose, we will notify you andwe will explain the legal basis which allows us to do so.

We may process your personal data without yourknowledge or consent, in compliance with the above rules, where this isrequired or permitted by law.

7.         If you fail to provide personal data

Where we need to collect personal data from you in order tocomply with our legal obligations or to perform a contract we have with you andyou fail to provide that data when requested, we may not be able to perform therelevant contract (for example, to deliver your products or process yourpayment). In this case, we may have to cancel the relevant contract.

8.         Security

We have put in place appropriate security measures toprevent your personal data from being accidentally lost, used or accessed in anunauthorised way, altered or disclosed. Your personal data is only available toauthorised personnel of Miss Kick who need access to the information in orderto fulfil their duties. All Miss Kick personnel who have access to yourpersonal data will only process your personal data on our instructions and theyshall be subject to a duty of confidentiality.

We also have procedures in place to deal with any suspecteddata security breach. We will notify you and any applicable regulator of asuspected breach where we are legally required to do so.

Unfortunately, however, the transmission of information viathe internet is not completely secure. Although we do our best to protect yourpersonal data, we cannot guarantee the security of your data transmitted to ourwebsite; any transmission is at your own risk. Once we have received yourinformation, we will use strict procedures and security features to try toprevent unauthorised access.

9.         How long will we keep your data?

We will only retain your personal data for as long asnecessary to fulfil the purposes we collected it for, including for thepurposes of satisfying any legal, accounting or reporting requirements.

To determine the appropriate retention period for personaldata, we consider the amount, nature, and sensitivity of the personal data, thepotential risk of harm from unauthorised use or disclosure of your personaldata, the purposes for which we process your personal data and whether we canachieve those purposes through other means, and the applicable legalrequirements.

In relation to marketing consents, we may ask for yourupdated consent from time to time if we have not heard from you in a while tocheck that you still want to receive our emails. If you decide to opt-out wewill keep a record of this alongside your email address or other contactdetails to ensure that we do not send you marketing communications goingforward.

In some circumstances we may anonymise your personal data(so that it can no longer be associated with you) in order to develop our businessmethods and strategy or for research or statistical purposes, in which case wemay use this information indefinitely without further notice to you.

We shall not have any liability whatsoever to you for thedeletion of personal data in accordance with our data retention policy.

10.       Who do we share your data with?

We may share your personal data with the following thirdparties in order to perform a contract with you, comply with a legal orregulatory obligation, in our legitimate interests of conducting our businessor where you have consented:

·      Third parties who support our website and ourApp and provide other business systems, such as Shopify and PADOQ;

·      Our third party warehouse provider (currentlySynergy Retail Support);

·      Operational companies such as delivery couriers;

·      Third party payment providers and ‘buy now, paylater’ finance providers such as Stripe, Klarna, Clearpay and PayPal;

·      Our accounting software provider, Xero.

·      Data analytics companies such as GoogleAnalytics;

·      Marketing and advertising providers such as Omnisend;

·      Social media platforms and online searchengines, such as Facebook, Instagram, Twitter, LinkedIn, YouTube and TikTok, toshow you products that might interest you while you’re browsing the internetand using social media platforms.

·      Our charitable organisation, the Miss KickFoundation.

·      Third parties to whom we may choose to sell,transfer or merge parts of our business or assets. Alternatively, we may seekto acquire other businesses or merge with them.

·      Other companies and organisations for thepurposes of fraud protection and credit risk reduction, HM Revenue &Customs, the police, regulators and other authorities and public bodies.

·      Professional advisers, including lawyers,bankers, auditors and insurers who provide consultancy, banking, legal,insurance and accountancy services.

We require all our data processors to respect the securityof your personal data and to treat it in accordance with the law. We do notallow our data processors to use your personal data for their own purposes andonly permit them to process your personal data for specified purposes and inaccordance with our instructions.

In some instances where we share data with third parties,such as HMRC, those third parties will also be controllers of your personal data.We shall not be responsible or liable for the way in which other datacontrollers hold or process your personal data. Please contact those thirdparties for further information regarding how they will use your data. We shallonly share your personal data with third parties in accordance with this privacypolicy.

11.       Internationaltransfers

If we need to transfer your data outside of the UK, weensure your data receives the same protection as ifit were being processed inside the UK by ensuring at least one of thefollowing safeguards is implemented:

·      We will transfer your personal data to countriesthat have been deemed to provide an adequate level of protection for personaldata by UK adequacy regulations. For further details, see https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/international-transfers-after-uk-exit/#adequacy-decision.

·      In some instances, we may use specific contractsapproved by the European Commission which give personal data the sameprotection it has in the EEA. For furtherdetails, see https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/international-transfers-after-uk-exit/#adequacy-decision.

Please contact us if you want further information on thespecific mechanism used by us when transferring your personal data outside ofthe UK.

In the case of data processed by Shopify, our ecommerceprovider, details of the data transfers which they make outside the UK can befound at: https://help.shopify.com/pdf/cross-border-whitepaper.pdf

12.       What are your rights over your data?

You have certain rights in respect of the personal data thatwe process about you (where we are the data controller because we determine thepurpose and means for which that personal data shall be processed):

·       the right to request access to your personal data that wehold and to receive certain information relating to that data;

·       the right to ask us to rectify inaccurate data or to completeincomplete data;

·       the right to receive or ask for yourpersonal data to be transferred to athird party in a structured, commonly used and machine-readable format (note that this right only appliesto automated information which you initially provided consent for us to use orwhere we used the information to perform a contract with you);

·       the right to request the erasure of personal data if itis no longer necessary in relation to the purposes for which it was collectedor processed or if you have successfully objected to processing (note, however,that we may not always be able to comply with your request of erasure forspecific legal reasons which will be notified to you, if applicable, at thetime of your request);

·       the right to object to how we process your personal data in certaincircumstances, including the right to ask us not to process your personal datafor marketing purposes;

·       the right to restrict processing of your personal data, for example if you wantus to establish the accuracy of the data or you have objected to our use ofyour data but we need to verify whether we have overriding legitimate groundsto use it; and

·      where we are processing personal data relatingto you on the basis that we have your consent to do so, you may withdraw your consent at any time (thiswill not affect the lawfulness of any processing carried out before youwithdraw your consent). If you withdraw your consent, we may not be able toprovide certain products or services to you.

If you wish to exercise any of the other rights set outabove, please contact us by email at info@misskick.com.

We may ask you to verify your identity if you make a requestto us to exercise any of the rights set out above. This is a security measureto ensure that personal data is not disclosed to any person who has no right toreceive it. We may also contact you to ask you for further information inrelation to your request to speed up our response. You will not have to pay afee to access your personal data (or to exercise any of the other rights).However, we may charge a reasonable fee if your request is clearly unfounded orexcessive. Alternatively, we may refuse to comply with your request in thesecircumstances.

We will try to respond to all legitimate requests within onemonth. Occasionally, it may take us longer than a month if your request is particularlycomplex or you have made a number of requests. In this case, we will notify youand keep you updated.

13.       Marketing preferences

There are several ways you can stop direct marketingcommunications from us:

·      You can click the ‘unsubscribe’ link in anyemail communication that we send you.

·      You can contact us at      info@misskick.com.

Please note that you may continue to receive communicationsfor a short period after changing your preferences while our systems are fullyupdated.

14.       Cookies

Our website uses cookies to distinguish you from other usersof our website. This helps us to provide you with a good experience when youbrowse our website and to improve our website, products and services. You canfind out more about the way cookies work on www.cookiecentral.com and www.allaboutcookies.org.

For more information about thecookies we use and the reasons why we use them, please see our Cookies Policy MissKick Cookies Policy.

You can set your browser torefuse all or some browser cookies, or to alert you when websites set or accesscookies (and the above websites tell you how to do this). If you disable orrefuse cookies, please note that some parts of our website may becomeinaccessible or not function properly.

15.       Links to other websites

Our website and App may contain links to other websites ofinterest. We do not control the content of these third party websites. Weencourage you to read the privacy policies for these third party websitesbefore submitting personal information to them. Where these third parties arecollecting data on our behalf, your personal data will be transferred to us andused in accordance with this privacy policy. Alternatively, if the third partyhas not been authorised to collect information on our behalf, your personaldata will be controlled by that third party subject to their privacy policy.

16.       How to complain

Please let us know if you are unhappy with how we have usedyour personal data. You can contact us by email at info@misskick.com.

You have the right to make a complaint at any time to theInformation Commissioner's Office (ICO), the UK supervisory authority for dataprotection issues (www.ico.org.uk). Wewould, however, appreciate the chance to deal with your concerns before youapproach the ICO, so please do contact us in the first instance and we shallendeavour to resolve your complaint.

17.       Changes to your data

It is important that the personal data we hold about you isaccurate and current. Please let us know if your contact details change duringyour relationship with us. You have the right to question any information wehold about you that you think is wrong or incomplete. Please contact us if youwant to do this.

This privacy policy was last updated in October 2021.