Privacy Policy for Shopify app

Introduction.

This is the Privacy & Cookie Policy (the “Policy”) for the services provided through the website located at www.fancyproductdesigner.com, operated, provided and managed by Radykal GmbH. (hereinafter referred to as “Fancy Admin”).

This Policy informs you how we gather your information, how we use it, what we do to protect it, and to assist you in making informed decisions when using our services. Accordingly, this Policy sets forth our practices regarding the collection, use, and disclosure of personal data when you use our services, along with the choices you have associated with that data. Unless otherwise indicated below, this Policy applies to any website that references or links to this Policy, any of Fancy Admin’s websites, as well as any data Fancy Admin may collect across partnered and unaffiliated sites.

Definitions

Service. Means the software as service suite located at the https://fancyproductdesigner.com website operated by us; platform whose functionalities that include, but are not limited to: metrics and data variables measurement, database optimization, along with the creation of charts, reports and aggregated databases measuring customer satisfaction, engagement and other metrics; among other products and services which can be accessed via the Site.

Personal Information (or PI). Means the means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).

Site. Means our website located at www.fancyproductdesigner.com

Usage Data. Means data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

Data Controller. means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed.

Data Processors (or Service Providers). Means any natural or legal person who processes the data on behalf of the Data Controller. We may use the services of various Service Providers in order to process your data more effectively.

Data Subject (or User). Means any living individual who is using our Service and is the subject of Personal Information.

The terms ‘us’, ‘its’, ‘ours’ and/or ‘we’, as used herein, shall refer to us, Fancy Admin and/or our affiliates, assignees, successors and/or brands.

The terms ‘you’, ‘your’, and/or ‘yourself’, as used herein, shall refer to you, our User and Data Subject due to being a visitor/browser of our websites, whether registered under an account or not.

The terms “collect”, “use”, “process”, “treat”, “disclose” and analogous words, as used herein, shall be related to Personal Data (the “PI”) and other data that we may collect from our users and/or visitors, including cookies inside a computer and mobile device IDs.

This Policy shall be supplemented by our Terms and Conditions of Use (the “Terms”), and any other guidelines, terms and policies made available by us from time to time, incorporated herein by reference.

Consent & Scope of this Policy.

By accessing our Services, you accept our Policy and Terms, you consent to our collection, storage, use and disclosure of your PI information as described in this Privacy Policy. The collected PI includes, but is not limited to, first name, last name, phone number, personal address, email address, password, personal photo and date of birth of the User.

Accordingly, by using our Service (on our websites or across partnered and unaffiliated sites) you are accepting the practices described in this Policy. We will also ask for your specific consent to certain parts of the Service (i.e. newsletter subscriptions) via clickable boxes with legends similar or analogous to “I Accept”.

Personal Information and Data Gathering.

Through our Service, we may collect both “Non-Personal Information” and “Personal Information”. “Non-Personal Information” includes information that cannot be used to personally identify an individual person, such as anonymous usage data, general demographic information we may collect, number of clicks, platform types, information about individuals who visit our store, IP address, web browser details, time zone, and information about the cookies installed on the particular device, preferences you submit and preferences that are generated based on the data you submit.

“Personal Information” includes information that can be used to personally identify an individual person, such as name, address, email address, home/business address, mobile number and payment processing account details.

We collect PI directly from the relevant individual, including but not limited to the information provided by your Shopify account.

We may also collect non-personally identifiable information with third parties, such as aggregate user statistics, analytics, demographic information, and web site usage information. As our user, you will generally be able to control and select the amount and type of PI you may disclose to us.

By registering with us or otherwise using our products and services, you consent to the collection, transfer, processing, storage, and disclosure of your PI as described in this Policy.

In order to provide our Services, from time to time we may use third-party platforms provided by Elopay GmbH, Google Inc. and Facebook Inc., among others. Such platforms are governed by their own terms, policies and personal data collection practices and policies. Accordingly, by acknowledging your consent to this Policy, you are also acknowledging the applicable terms and conditions of Elopage, Google, Facebook and/or their affiliates. Upon the case of any discrepancy or conflict between this Policy and the terms of such entities, the terms of the latter shall govern.

Henceforth, we will keep a list of any sub-processors that will be involved in the processing of your PI due to the provision of our Service and will inform you of any intended material changes concerning the addition or replacement of sub-processors before such changes are effective, thereby giving you the opportunity to object to such changes.

Personal Information Processing and Treatment.

Overall, we use your PI to provide and improve our Service. Accordingly, we will generally collect, use and disclose your PI to:

Provide, operate, maintain, improve, and promote our platform and our products and services.
Verify your e-mail address and other account notices.
Develop, research, process, safeguard and improve our Services.
Offer promotions, newsletters, sweepstakes entries, send service related announcements and contact you about inquiries for our products and services.
Investigate and prevent fraudulent transactions, unauthorized access to our services, and other suspicious activities.
Monitor and analyze trends, usage, and activities in connection with our products and services and for marketing or advertising purposes.

Fancy Admin will keep any collected PI only long as it is necessary, with regard to the purpose of its processing. This means that PI collected and processed for marketing and commercial purposes will be stored for as long as you have an active account, and for twelve (12) months after your subscription has ended or where your account has been deleted or deactivated.

If you do not wish to disclose any or part of your PI to us, you may still be able to use some of the functionalities of our Services, though we will not be able to guarantee that you will be able to enjoy them at their fullest if you elect not to disclose it to us. Overall, your final remedies will be to close this web tab, delete your account with us and/or exit our Service.

Information Collected from Payment Processors.

From time to time, we may use third party payment partners such as Elopage in order to bill and process any payments and subscriptions made via our Services. These platforms will request you to disclose them sensitive PI in order to stored and used to complete purchases and operations related to our Services. Such third-party payment processing platforms are governed by their own safety standards, policies and terms of use.

Third Party Tools and PI Processors

In order to provide our services, we use third-party platforms and tools. Please be aware that such platforms are governed by their own terms, policies and personal data collection practices and policies. Accordingly, by acknowledging your consent to this Policy, you are also acknowledging the applicable terms and conditions of such third party platforms, which provide functionalities that include the creation of aggregated statistics using anonymized information.

Fancy Admin may also collect aggregated statistics about the behavior of visitors to its Site, and may display this information publicly or provide it to its sub-processors. Upon the case of any discrepancy or conflict among this Policy and the terms of them, the terms of the latter entities will govern.

We will keep a list of any sub-processors that will be involved in the processing of your PI due to the provision of our service and will inform you of any intended material changes concerning the addition or replacement of sub-processors before such changes are effective, thereby giving you the opportunity to object to such changes.

Information Storage.

We will retain your PI only for as long as it is reasonably necessary for our business purposes (e.g. as long as your account is active, or as long as our insurance carriers require us to do so). We will also retain and use your PI for our compliance obligations, to resolve disputes among our users, and enforce our contracts with authorized third parties.

You Rights as Data Subject.

The General Data Protection Regulation (GDPR) allows individuals in the EU greater control over their personal data and grants them a number of rights with regard to how that data is processed, stored, and accessed.

For the purposes of the GDPR, in the European Union, Fancy Admin is a Data Controller of the PI you provide to us for the primary purposes of providing you with our Services.

For European Union customers and users, by clicking the "I Accept" button or otherwise accepting the terms and conditions of our services through a clickable action or similar action, you hereby acknowledge, agree and unequivocally consent to the collection, process, management, treatment, transfer and authorized of your PI by Fancy Admin, its affiliates and authorized third parties.

As a European resident, you have the right to access PI that we hold about you and to ask that your PI be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information as indicated below.

Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.

The section below covers the certain situations that you, as data subject, and we as a data controller, are most likely to see, but you should also carefully review the full list of data subject rights here: https://gdpr-info.eu/chapter-3/. You retain the right to access, amend, correct or delete your PI where it is inaccurate at any time. To do so, please contact shopify@fancyproductdesigner.com.

The right to be forgotten: You can request us to be “forgotten”; that is, to have your PI removed from our Service. If we are asked to do this, we will remove any PI we collected from you as data requester. We will also need to contact any third parties, such as our cloud service providers, that process your PI on our behalf. To ensure that any personal data in Fancy Admin’s possession can be removed in a timely manner, you can relay any request to be “forgotten” to us by submitting a request.
Data portability: Under the GDPR, our users located in the EU may request Fancy Admin to send them any PI in our possession. In this case, we will provide you with any PI that you have in a commonly used, machine-readable format.
Access: As a data subject, you can ask Fancy Admin to confirm how and where your PI is being stored and processed. You also have the right to know how such that data is shared with third parties by us.
Rectification: As data subject, you have the right to obtain from Fancy Admin, without undue delay, the rectification of inaccurate PI concerning you.

Right to be Informed: You have the right to be informed about the PI we collect from you, and how we process it.
Right to Object: You have the right to object to us processing your PI for the following reasons:

Processing was not based on legitimate interests or the performance of a task in the public interest/exercise of official authority (including profiling);
Direct marketing (including profiling);
Processing for purposes of scientific/historical research and statistics; and
Rights in relation to automated decision-making and profiling.

Automated Individual Decision-Making and Profiling: You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you.
Right to Complain: You have the right to file a complaint with supervisory authorities if your information has not been processed in compliance with the GDPR. If the supervisory authorities fail to address your complaint properly, you may have the right to a judicial remedy.

Your privacy request must include, at the least, the following information: (i) your complete name, address and/or e-mail address in order for us to notify you the response to your request; (ii) attached documents establishing your identity; and (iii) a clear and concise description of the PI with regard to which you seek to enforce any of your privacy rights. If you request rectification, please indicate amendments to be made and attach documentation to back up your request.

Upon receipt of your privacy request, and after due review, we may then edit, deactivate and/or delete your PI from our Services within thirty (30) days. In case of secure databases under our control where deletion is impossible, we will make such information permanently inaccessible.

How We Protect Your Information.

We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your PI, username, password, transaction information and data stored on our websites. Sensitive and private data exchange between Fancy Admin and its users happens over secured communication channels encrypted and protected with digital signatures.

The security of your PI is important to us, but please remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your information, we cannot guarantee its absolute security.

Lawful Disclosure of Personally Identifiable Information.

Fancy Admin may disclose personally identifiable information under special circumstances, such as to comply with subpoenas or when your actions violate the Terms of any of our applications. Accordingly, we must reserve our right to disclose your PI when we or our affiliates, clients, contractors, licensors, officers, agents and/or representatives reasonably believe it necessary to protect our interests, or where you result to be in breach of our Terms and/or this Policy.

Henceforth, we will have the right to disclose any and all collected PI and/or data, under the following circumstances: (i) if required under applicable law, rules or regulations; (ii) in response to a valid request or subpoena from a government or law enforcement agency; (iii) to defend ourselves and our affiliates, licensors, officers, agents and representatives from legal claims and processes brought to us by third parties (including takedown notices); (iv) to defend the property, rights and integrity of any of our users, advertisers or licensors; and/or (v) to stop or cause to cease any actions that we may consider to cause –whether allegedly or factually– a contingency or liability.

Commercial Communications & Opting Out.

We collect the e-mail addresses of those who communicate with us via e-mail, aggregate information on what pages users’ access or visit, SMS numbers from users that provide them, along with other information volunteered by the consumer (such as survey information and/or website registrations).

We will send you Service-related announcements on occasions when it is necessary to do so. For instance, if our Service is temporarily suspended for maintenance, or a new enhancement is released, which will affect the way you use our Service, we might send you an email. Generally, you may not opt-out of these communications, which are neither commercial nor promotional in nature.

If you no longer wish to receive email update and other commercial communications and messages, you may opt-out of receiving them by following the instructions included in each update or communication.

From time to time, we may offer certain opt-out mechanisms, such as Mixpanel’s opt-out features. Since such functionalities are provided by third party platforms, the opt-out will be governed by their respective terms.

Cookies & Web Beacons.

A cookie is a small amount of data, which often includes an anonymous unique identifier that is sent to your browser from a web website and stored on your computer’s hard drive. Cookies are required to use the Services. We use cookies to record current session information, but do not require permanent cookies.

We use cookies and similar tracking technologies to track the activity on our Service and hold certain information.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Examples of Cookies we use are:

Session Cookies. We use Session Cookies to operate our Service.

Preference Cookies. We use Preference Cookies to remember your preferences and various settings.

Security Cookies. We use Security Cookies for security purposes.

We also use the so-called ‘beacons’, which are small files, sometimes only a pixel in size, embedded onto the pages of our websites. Beacons are used to identify each of our pages in order to be analyzed by our system.

We may also collect and use the data contained in log files, which may include your IP address, your ISP, the browser you used to visit our platform, the time you visited our platform and which sections you visited.

We do not currently offer “do-not-track” or similar mechanisms. Unlike cookies, device IDs cannot be deleted, but you can select to reset your Advertising IDs in the “Settings” section of your mobile device, among other.

Advertising, Opt-out Choice.

From time to time, we may use Google Analytics, Ad Words, Double Click and/or Ad Sense tracking codes, and other third-party software tools (such as remarketing codes) in order to collect information and marketing analytics about the manner in which you browse our platform and services.

Ads appearing on our Site and operated websites may be delivered to users by advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Policy covers the use of cookies by Fancy Admin and does not cover the use of cookies by any advertisers.

The served ads will be targeted based on your previous browsing history, and may include retargeting codes. For example, third-party vendors may show you Fancy Admin’s ads on certain websites across the Internet, even after you leave our platform. The collected information is anonymized, meaning it cannot be tracked back to individuals. Using such tools, we learn how to optimize, and serve ads based on a user’s past visits, providing you with a better user experience.

We also collect data from your mobile device ID (i.e. the unique identifier assigned to a mobile device by the manufacturer) and/or Advertising ID (for App iOS 6 and later) instead of cookies in order to recognize you and track displayed web pages, along with their performance.

Like many site operators, we collect information that your browser sends whenever you visit us. This is called Log Data, which may include information such as your computer's Internet Protocol ("IP") address, browser type, browser version, sections of our Site that you visit, the time and date of your visit, the time spent on those pages and other statistics.

For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

You can learn more about how to opt-out by browsing Google’s opting-out and privacy pages located at www.google.com, or the Network Advertising Initiative website located at www.networkadvertising.org.

Changes to this Privacy Policy.

Fancy Admin may periodically update this Policy. We will notify you about significant changes in the way we treat PI by sending a notice to the primary email address specified in your Fancy Admin Service primary account holder account or by placing a prominent notice on our websites. Your continued use thereof after the last effective date of modifications thereof indicates your acceptance of such modifications.

Service Eligibility & Age of Consent.

Through the simple use of our platform and our products and services, you hereby represent and warrant that you are at least eighteen (18) years of age --or older-- as of the date of first access thereof. If you are still a minor (which may depend on the jurisdiction where you reside), you may only access our Services under the direct, personal supervision of your parent or legal guardian.

Fancy Admin does not knowingly collect any kind of information from persons under the age of thirteen (13). If we learn or suspect that any user is under the age of thirteen (13), we will delete any appertaining PI.

Governing Language.

From time to time, this Policy may be translated into other languages for your convenience, such as German. The English language version of each of these documents shall be the version that prevails and governs your use of Site and our products and services. Upon the case of any conflict between the English language version and any translated version, the English language version will prevail.

International Transfer Notice.

We have our headquarters in Germany. Henceforth, your PI may be accessed by us or our affiliates, agents, partners, advertisers or third-party service providers in Germany and our locations which may or may not be located in your country of residence, and you hereby consent to such access and transfer by simple disclosure. All Fancy Admin related entities are subject to the privacy practices set out in this Policy and any applicable jurisdictional legislation.

How to Contact Us.

If you have any questions regarding this Policy or the practices of our websites, our Service, our data collection and processing practices, or if wish to withdraw your consent for the continued collection, use or disclosure of your PI, please contact us at:

shopify@fancyproductdesigner.com

Date of last effective update is April 23, 2020.