ORDERS

All customers will be provided with tracking information on day of dispatch. See courier website for full tracking journey.

UK ORDERS

UK orders will be dispatched by UK HERMES 48HRS TRACKED or UK HERMES 24HRS TRACKED and are normally delivered within 2-4 working days. This may take longer during peak times, so please allow a few more days in these circumstances (Excluding NI).

For delivery to the UK, there is a flat rate charge of £3.50.

NORTHERN IRELAND

Northern Ireland be dispatched by UK HERMES 48HRS TRACKED or UK HERMES 24HRS TRACKED and are normally delivered within 2-4 working days. This may take longer during peak times, so please allow a few more days in these circumstances. 

For delivery to Northern Ireland. The flat rate charge is £7.00.

EUROPE 

Europe orders will be dispatched by DPD EU and are normally delivered within 5-7 working days. This may take longer during peak times, so please allow a few more days in these circumstances.

For delivery to the rest of Europe, there is a flat rate charge of:

Republic of Ireland - £11.00

Germany - £10.00

France - £13.00

Netherlands - £11.00 

Austria- £12.00

Italy - £15.00

Spain £13.00

Rest of Europe: £40.00.

AUSTRALIA

Australia orders will be dispatched by DPD AIR and are normally delivered within 7-14 working days. This may take longer during peak times, so please allow a few more days in these circumstances.

For delivery to Australia, there is a flat rate charge of £20.00

AMERICA

America orders will be dispatched by FEDEX EXPRESS DAP and are normally delivered within 7-14 working days. This may take longer during peak times, so please allow a few more days in these circumstances.

For delivery to America mainland, there is a flat rate charge of £13.00. 

America, Islands there is a flat rate charge of £25.00.

REST OF WORLD

Rest of World orders will be dispatched by DPD AIR and are normally delivered within 7-14 working days. This may take longer during peak times, so please allow a few more days in these circumstances.

For delivery to Rest of World, there is a flat rate charge of £18.00.

BREXIT

Due to changing Brexit regulations, there may be a delay for orders shipped to Europe. We will do our best to ensure your order arrives during the estimated arrival period, however, please do allow extra days at this time.

For any enquires regarding shipping, please contact support@misskick.com

CUSTOMS DUTY TAX

As England have now left the European Union, all countries from Europe may be subject to Customs and Excise Duty as well as Value Added Tax (VAT) payments. This amount will vary depending on the country receiving the delivery and the value of the order.

CUSTOMS DUTY

Customs duty is not due for orders that do not exceed 135 GBP. If you have any questions or concerns, please feel free to email the team at support@misskick.com.

TERMS & CONDITIONS

This website is operated by MissKick Ltd (we or us), a 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.

These are the terms and conditions (Terms) under which we sell the products on our website (Products) and will apply to any contract between us for the sale of Products to you. Please read these Terms carefully before you place your order.

These Terms were last updated in January 2022.

These Terms apply to the purchase of Products via our website by consumers only.

1 HOW WE USE YOUR PERSONAL INFORMATION

1.1 We use your personal information in accordance with our Miss Kick Privacy Policy. Please take time to read this policy, as it includes important terms which apply to you.

2 COMMUNICATIONS BETWEEN US

2.1 You can contact us by completing the contact form on our website or by writing to us at support@misskick.com. If you wish to contact us about your order, please provide your order number so that we can deal with your matter more quickly.

2.2 If we have to contact you, we will do so using the contact details you provided to us in your order, unless you have asked us to contact you by any other means.

2.3 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

3 OUR PRODUCTS

3.1 The images of the Products on our website and in our other advertising materials are for illustrative purposes only. The Products you purchase and receive may vary slightly from those images. Although we have made every effort to display and print the colours and finish of the Products accurately, we cannot guarantee that your computer's display of the pictures, or the pictures in our other advertising materials, accurately reflect the colours and finish of the Products that will be delivered to you. The packaging of Products may vary from that shown on the images on our website or in our other advertising materials.

4 OUR CONTRACT WITH YOU

4.1 You may only purchase Products from us if you are legally capable of entering into a binding contract with us (for example, in England and Wales you must be at least 18 years old), and a resident in a country to which we deliver – please see our payment & shipping section for details.

4.2 All orders placed via our website are subject to these Terms. By ordering Products through our website, you are deemed to have understood and accepted these Terms.

4.3 We may send you an order acknowledgement email following receipt of your order. This email does not constitute acceptance of your order. Acceptance of your order will only take place when we despatch your order to you, at which point a contract will come into existence between you and us, unless we notify you that we are unable to accept your order in accordance with clause 4.4 below.

4.4 If we are unable to accept your order or we are unable to supply any Products in your order (for example, where a Product is out of stock, or we are unable to obtain payment from you, or because we have identified an error in the price or description of a Product), we will inform you of this. If you have already paid for the order, we will refund you for the amount paid for the order or affected Product(s) (as applicable).

5 PRICE

5.1 The price of the Products is set out on our website. We take all reasonable care to ensure that the prices of Products on our website are correct. However, it is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. If, before dispatch of a Product, we discover that the Product’s correct price at the date of your order is higher than the price stated on our website when you placed your order, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing with the order at the correct price or cancelling your order. If we accept and process your order where such a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mis-pricing, we may end the contract, refund you any sums you have paid and require the return of any Products provided to you.

5.2 All prices are shown in pounds sterling. The price of a Product includes VAT (where applicable) at the relevant current rate chargeable for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect. The price of a Product excludes delivery charges. Please refer to our Miss Kick Payment & Shipping Policy on our website for more details.

6 PAYMENT

6.1 The accepted payment methods are set out at the bottom of our website.

6.2 We will take payment from your chosen payment method at the time your order is placed. 

6.3 If you wish to make payment using a voucher or gift card, it is your responsibility to enter the correct code during the online checkout process. Please note that the use of such vouchers and gift cards may be subject to additional terms and conditions provided with such voucher or gift card.

6.4 If you order products for delivery to a destination outside the UK, your order may be subject to import duties and taxes which are applied when it reaches the delivery destination. Please note that we have no control over these charges and you will be responsible for payment of any such import duties and taxes.

7 DELIVERY

7.1 The costs of delivery, the locations we deliver to, and the estimated delivery times are set out in the Shipping policy; Miss Kick Payment and Shipping Policy on our website.

7.2 Depending on your chosen delivery location and delivery method, you may be required to sign for a delivery or there may be other requirements for accepting delivery. If our delivery partner is unable to deliver the Products, our delivery partner will leave you a note or contact you to inform you how to rearrange delivery or to let you know if the Products will need to be collected from a local depot.

7.3 Where our delivery partner has attempted and failed to deliver the Products to you and you do not re-arrange delivery or collect your Products from the delivery depot where they are being held, in accordance with the instructions provided, the Products may be returned to us by the delivery partner, and we may end the contract with you. If we have to end the contract in these circumstances, we will refund the price you paid for the Products but we may deduct from the refund the delivery charges paid by you for the delivery of the Products to you, and any costs charged to us by our delivery partner for returning the Products to us.

7.4 Delivery of your order shall be complete when we deliver the Products to the address you gave us or to a person identified by you to take delivery of the Products (such as a neighbour) and the Products will be your responsibility from that time.

7.5 You will own the Products once we have received payment in full.

8 RETURNS AND YOUR RIGHT TO CANCEL THE CONTRACT

Returning your product because you have changed your mind

8.1 For information on how to return a Product because you have changed your mind, please read our Returns Policy at Miss Kick Returns Policy on our website. You should return the Products to us at the address set out in paragraph 8.7 below, in an unused, re-saleable condition, in the original packaging with all the tags intact. We will give you a refund for Products returned in accordance with our Returns Policy.

Returning a product because it is faulty

8.2 We are under a legal duty to supply Products that are in conformity with the contract and these Terms.

8.3 If you consider that any Product we have supplied is faulty or mis-described, please notify us using the contact details set out in clause 2.1. You should return such Products to us at the address set out in paragraph 8.7 below, in accordance with our reasonable instructions, and if the Products are faulty or mis-described we will give you a refund.

Your right to cancel your contract

8.4 If you are a consumer and reside in the UK or European Economic Area, you have a legal right to cancel your contract if you change your mind, within 14 days after you receive the Products.To cancel your contract, you need to let us know that you have decided to cancel your contract, providing details of your name, address, the order you wish to cancel and, where available, your phone number and email address. You can contact us by email using the details set out in clause 2.1 above.

8.5 If you decide to cancel your contract, you should return the Products to us at the address set out in paragraph 8.7 below. If you decide to cancel your contract, you should return the Products to us at your cost within 14 days of telling us you wish to end the contract. You should return the Products in an unused, re-saleable condition, in the original packaging with all the tags intact. Please note that the right to cancel your contract does not apply to products that cannot be returned for hygiene reasons, such as face coverings, swimwear or lingerie (where the hygiene seal has been removed), or to products that have been personalised for you.

8.6 Where you have cancelled your contract in accordance with this paragraph 8, we will refund the price you paid for the Products by the payment method used to pay for the original transaction, within 14 days after the Products are returned. This will include the cost you paid for the delivery of the Products, save that the maximum refund for delivery costs will be the least expensive delivery method we offer to your delivery destination. However, please note that we are permitted by law to reduce your refund to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way which would not be permitted in a shop.

8.7 All returns should be sent to us at the following address:

MissKick c/o Synergy Retail Support

Unit 3, Ravens Way

Crow Lane Industrial Estate

Northampton

NN3 9UD

It is important that you clearly reference ‘Miss Kick’ on the parcel.

8.8 Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office or equivalent consumer protection organisation in your jurisdiction.

9 EVENTS OUT OF OUR CONTROL

9.1 We will not be liable or responsible for any failure to perform, or delay in the performance of, any of our obligations under a contract that is caused by an Event Outside Our Control. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties (but not by our own staff), civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, or other natural disaster, or failure of public or private telecommunications networks (excluding our own private networks) or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

9.2 If our supply of the Products is delayed by an Event Outside Our Control then we will contact you to notify you, and we will not be liable for delays caused by the event, but if there is a risk of substantial delay, we will let you know and you may contact us to end the contract and receive a refund for any products you have paid for but not received. To cancel a contract under this clause 9 please contact us using the details set out in clause 2.1.

10 INTELLECTUAL PROPERTY RIGHTS

10.1 All intellectual property rights in our Products are owned by us or our licensors. Those works are protected by intellectual property laws and treaties around the world. All such rights are reserved.

11 COMPLAINTS

11.1 If you have any complaints about our Products, you can contact us using the details set out in clause 2.1.

12 OTHER IMPORTANT TERMS

12.1 Nothing in these Terms shall affect your rights as a consumer under the applicable law in the jurisdiction in which you reside.

12.2 We may transfer our rights and obligations under any contract with you to another organisation. We will tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.  

12.3 The contract is between you and us. No other person shall have any rights to enforce any of its terms.

12.4 These Terms, and any contract between us, are only in the English language. Please note that we may not necessarily keep a copy of these Terms or your order and we would therefore encourage you to retain a copy for your own records.

12.5 Each of the provisions in these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining provisions will remain in full force and effect.

12.6 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

12.7 These Terms are governed by the law of England and Wales. This means a contract for the purchase of Products and any dispute or claim arising out of or in connection with it will be governed by the law of England and Wales, except that if you are not resident in England and Wales the laws of England and Wales shall apply only to the extent that they do not override any mandatory laws of the country in which you have your usual place of residence.

12.8 In respect of any dispute or claim relating to a contract, we each submit to the non-exclusive jurisdiction of the courts of England and Wales, but nothing in this clause shall limit your legal rights to bring an action or to require proceedings to take place in the country in which you have your usual place of residence. For example, if you live in Scotland you can bring legal proceedings in respect of your contract in either the Scottish or the English courts.

PRIVACY POLICY

1. INTRODUCTION

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

This privacy policy applies if you are a visitor to our website or social media pages (a Website User) 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 Kick app (App) and/or an ambassador of the Miss Kick community on the App (an Ambassador).  

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

We may collect, use, store and transfer different kinds of personal data about you, for example when you contact us or when you subscribe to 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 App User) when you download and register an account for the App, or (if you are an Ambassador) when you apply to be an Ambassador.

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

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

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

2. HOW TO CONTACT US

MissKick Ltd is the “data controller” in respect of your personal data for the purposes of data protection legislation. MissKick Ltd is a 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 Miss Kick is Grace Vella and she can be contacted by email at support@misskick.com.

3. WHAT DATA DO WE COLLECT?

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

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

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

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

· Purchase data – information concerning the products you have purchased from us, including how frequently you purchase from us, whether you have used any discount or gift card codes or other offers, which products you have purchased and how much you have spent with us.

· Security data - for your security, we keep an encrypted record of your login password.

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

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

· Review data – information you provide to us when you review our products on our website or when you provide feedback to our customer services team.

· App data – data we collect relating to your interactions with our App such as 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) information about any Ambassador challenges you have signed up for (via the App) and completed.

· Marketing data – data which we capture when you sign up to receive our newsletter and other marketing communications, including your preferences regarding us contacting you in this way.

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

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

· Social Media data – data you provide to us directly about your social media accounts or which we have access to when you connect with us or like or follow our social media accounts, including your social media handle, photograph, date of birth, location, occupation, interests and other information and content you make available via your social media accounts.

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

We do not collect any special category 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 when you interact with us or correspond with us directly via our website or App, by email 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 marketing communications;

· engage with us on social media, such as by following us, liking our posts, commenting on our posts or sending direct messages;

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

· contact us by any means including filling out an enquiry 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 or newsfeed in the App.

Automated technology: When you visit our website, our systems will automatically collect information about your equipment, browsing actions and patterns. We collect this personal data (namely Technical and Usage data) by using cookies, tracking pixels, server logs and other similar technologies. Please see the section headed “Cookies” below.

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

· our third party e-commerce website provider (currently Shopify) whose services enable us to process electronic orders and payments for products;

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

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

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

· operators of social media platforms, including Facebook, Instagram, Twitter, LinkedIn, YouTube and TikTok, which may be based outside of the UK and EEA.

5. HOW AND WHY WE USE YOUR PERSONAL DATA

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

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

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

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

Children under the age of 13 years will not be able to create an account for the App. For children under the age of 16 years who wish to become an Ambassador, we will seek the consent of a parent/guardian for you to become an Ambassador.

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

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

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

Where we process information on the basis of consent, if at any time you want us to stop processing this information, you can withdraw your consent.

· Where it is necessary to comply with a legal or regulatory obligation that we are subject to

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

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

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

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

· To personalise our marketing to you to provide you 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 for our website or App or your purchases, and to respond to your queries, refund requests and complaints (which may include processing Identity, Contact, Purchase, Customer Service, App, Marketing, Usage and Social Media data);

· To conduct our business and operate as a retailer of clothing, to further our business and community interests and operate profitably (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 our products and offerings, our website and App, and our customer service (which may include processing Identity, Contact, Purchase, Customer Service, Review, App, Marketing, Usage, Technical and Social Media data);

· To process orders for products including managing payments and collecting and recovering money owed to us (which may include processing Identity, Contact, Purchase, Financial, Customer Service, Review,Marketing, Usage and Social Media data);

· To send you survey and feedback requests to help us 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 out of receiving these requests from us at any time by updating your marketing preferences. 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 may include processing Identity, Contact, Purchase, Customer Service, 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 interests and 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 are being used in compliance with relevant terms and conditions (which may include processing Identity, Contact, Purchase, Security, Customer Service, Financial, Review, App, Marketing, Usage, Technical and Social Media data); and

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

6. CHANGE OF PURPOSE

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

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

7. IF YOU FAIL TO PROVIDE PERSONAL DATA

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

8. SECURITY

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

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

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

9. HOW LONG WILL WE KEEP YOUR DATA?

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

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

In relation to marketing consents, we may ask for your updated consent from time to time if we have not heard from you in a while to check that you still want to receive our emails. If you decide to opt-out we will keep a record of this alongside your email address or other contact details to ensure that we do not send you marketing communications going forward.

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

We shall not have any liability whatsoever to you for the deletion 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 third parties in order to perform a contract with you, comply with a legal or regulatory obligation, in our legitimate interests of conducting our business or where you have consented:

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

· Our third party warehouse provider (currently Synergy Retail Support);

· Operational companies such as delivery couriers;

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

· Our accounting software provider, Xero.

· Data analytics companies such as Google Analytics;

· Marketing and advertising providers such as Omnisend;

· Social media platforms and online search engines, such as Facebook, Instagram, Twitter, LinkedIn, YouTube and TikTok, to show you products that might interest you while you’re browsing the internet and using social media platforms.

· Our charitable organisation, the Miss Kick Foundation.

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

· Other companies and organisations for the purposes 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 security of your personal data and to treat it in accordance with the law. We do not allow our data processors to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance 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 data controllers hold or process your personal data. Please contact those third parties for further information regarding how they will use your data. We shall only share your personal data with third parties in accordance with this privacy policy.

11. INTERNATIONAL TRANSFERS

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

· We will transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data 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 contracts approved by the European Commission which give personal data the same protection it has in the EEA. 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.

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

In the case of data processed by Shopify, our ecommerce provider, details of the data transfers which they make outside the UK can be found 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 that we process about you (where we are the data controller because we determine the purpose and means for which that personal data shall be processed):

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

· the right to ask us to rectify inaccurate data or to complete incomplete data;

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

· the right to request the erasure of personal data if it is no longer necessary in relation to the purposes for which it was collected or 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 for specific legal reasons which will be notified to you, if applicable, at the time of your request);

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

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

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

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

We may ask you to verify your identity if you make a request to us to exercise any of the rights set out above. This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response. You will not have to pay a fee 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 or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

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

13. MARKETING PREFERENCES

There are several ways you can stop direct marketing communications from us:

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

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

Please note that you may continue to receive communications for a short period after changing your preferences while our systems are fully updated.

14. COOKIES

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

For more information about the cookies we use and the reasons why we use them, please see our Miss Kick Cookies Policy.

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

15. LINKS TO OTHER WEBSITES

Our website and App may contain links to other websites of interest. We do not control the content of these third party websites. We encourage you to read the privacy policies for these third party websites before submitting personal information to them. Where these third parties are collecting data on our behalf, your personal data will be transferred to us and used in accordance with this privacy policy. Alternatively, if the third party has not been authorised to collect information on our behalf, your personal data 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 used your personal data. You can contact us by email at support@misskick.com.

You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO, so please do contact us in the first instance and we shall endeavour to resolve your complaint.

17. CHANGES TO YOUR DATA

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

This privacy policy was last updated in January 2022.