Privacy Notice

Last updated 6th January 2023.

This privacy notice sets out how and why we, M S Design Gifts Ltd, may collect, store, use and/or share information about you when you interact with our website https://msdesign1.company.site and engage with us in other related ways, including any sales, marketing, or events.

SUMMARY

This section summarises how we obtain, store and use information about you. This summary is not in and of itself and must be read in conjunction with all sections of this Privacy Notice. To find out more details about a particular topic, please refer to the headings to find the section you are looking for.

Information we collect: When you visit, use, or navigate our services, we may process personal information including name, contact details, address, information from cookies. This is based on the choices you make and the services you use.

How we process your information: To provide, improve, and administer our services, communicate with you, for security and fraud prevention, to comply with law, and to fulfil our contractual obligations. We may also process your information for other purposes with your consent. We only process your information when we have a valid legal reason to do so.

What situations and with which parties we may share personal information: We may share information in specific situations and with specific third parties.

How we keep your information safe: We have organisational and technological processes and procedures in place to protect your personal information. However, no electronical transmission over the internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorised third parties will not be able to defeat our security and improperly collect, access, sell, or modify your information.

Your rights in relation to your information: Depending on where you are located geographically, the applicable privacy law may mean you have certain rights regarding your personal information.

How to exercise your rights: By contacting us we will consider and act upon any request in accordance with applicable data protection laws.

1. INFORMATION WE COLLECT

We collect personal information that you voluntarily provide to us when you register on the services, express an interest in obtaining information about us or our products and services, when you participate in activities on the services, or otherwise when you contact us.

The personal information that we collect depends on the context of your interactions with us and the services, the choices you make, and the products and features you use. The personal information we collect may include the following: names, phone numbers, email addresses, usernames, mailing addresses, billing addresses, contact preferences.

We do not process sensitive information.

Payment data: We may collect data necessary to process your payment if you make purchases, such as your payment instrument number (such as your credit card number), and the security code associated with your payment instrument. All payment data is stored by Square, PayPal, Klarna, Clearpay and Stripe. You can access their privacy notices via the following link(s):

https://squareup.com/gb/en/legal/general/privacy, https://www.paypal.com/uk/webapps/mpp/ua/privacy-full, https://www.klarna.com/uk/privacy/, https://www.clearpay.co.uk/en-GB/privacy-policy, https://stripe.com/gb/privacy.

All personal information that you provide us must be true, complete, and accurate, and you must notify us of any changes to such personal information.

2. HOW WE PROCESS YOUR INFORMATION

We process your personal information for a variety of reasons, depending on how you interact with our services, including:

• To facilitate account creation and authentication and manage use accounts. We may process your information so you can create and log in to your account, as well as when you continue to use your account.

• To deliver and facilitate delivery of services to the user. We may process your information to provide you with the requested service.

• To respond to user inquiries/offer support to users. We may process your information to solve any issues or respond to any questions you may have.

• To send administrative information to you. We may process your information to send details about our products and services, changes to our terms and policies, and other similar information.

• To fulfil and manage your orders. We may process your information to fulfil and manage your orders, payments, returns and exchanges made through the services.

• To enable user-to-user communications. We may process your information if you choose to use any of our offerings that allow for communication with another user.

• To request feedback. We may process your information when necessary to request feedback and to contact you and your use of services.

• To send you marketing and promotional communications. We may process the personal information you send to us for our marketing purposes, if this is in accordance with your marketing preferences. You can opt out of our marketing emails at any time. For more information, see ‘WHAT ARE YOUR PRIVACY RIGHTS?’ below.

• To deliver targeted advertising to you. We may process your information to develop and display personalised content and advertising tailored to your interests, location and more.

• To protect our services. We may process your information as part of our efforts to keep our services safe and secure, including fraud monitoring and prevention.

• To identify usage trends. We may process your information about how you use our services to better understand how they are being used so we can improve them.

• To determine the effectiveness of our marketing and promotional campaigns. We may process your information to better understand how to provide marketing and promotional campaigns that are most relevant to you.

• To save or protect an individual’s vital interest. We may process your information when necessary to save or protect an individual’s vital interest, such as to prevent harm.

• To upload our products on social media. We may process your information to advertise our products online. At check out, all customers are given the option to be posted across our social media accounts. We will not process any information on social media of those who do not consent.

• To resolve any disputes. We may process your information to resolve disputes and provide the best outcome.

3. WHAT LEGAL BASES DO WE RELY ON TO PROCESS YOUR INFORMATION?

If you are located in the EU or UK, this section applies to you.

The General Data Protection Regulation (GDPR) and UK GDPR require us to explain the valid legal bases we rely on in order to process your personal information. As such, we may rely on the following legal bases to process your personal information:

• Consent. We may process your information if you have given us permission (i.e. consent) to use your personal information for specific purpose. You can withdraw your consent at any time.

• Performance of a Contract. We may process your information when we believe it is necessary to fulfil our contractual obligations to you, including providing our services or at your request prior to entering into a contract with you.

• Legitimate interests. We may process your information when we believe it is reasonably necessary to achieve our legitimate business interests and those interests do not outweigh your interests and fundamental rights and freedoms. For example, We may process your information for some of the purposes described in order to:

o Send users information about special offers and discounts on our products and services.

o Develop and display personalised and relevant advertising content for our users.

o Analyse how our services are used so we can improve them to engage and retain users.

o Support our marketing activities.

o Diagnose problems and/or prevent fraudulent activities.

o Understand how our users use our products and services so we can improve user experience.

• Legal obligations. We may process your information where we believe it is necessary for compliance with our legal obligations, such as to cooperate with a law enforcement body or regulatory agency, exercise or defend our legal rights, or disclose your information as evidence in litigation in which we are involved.

• Vital interests. We may process your information where we believe it is necessary to protect your vital interests or the vital interests of a third party, such as situations involving potential threats to the safety of any person.

If you are located in Canada, this section applies to you.

We may process your information if you have given us specific permission (i.e. express consent) to use your personal information for specific purposes, or in situations where your permission can be inferred (i.e. implied consent). You can withdraw your consent at any time.

In some exceptional cases, we may be legally permitted under applicable law to process your information without your consent, including, for example:

o If collection is clearly in the interests of an individual and consent cannot be obtained in a timely way.

o For investigations and fraud detection and prevention.

o For business transactions provided certain conditions are met. o If it is contained in a witness statement and the collection is necessary to assess, process, or settle an insurance claim.

o For identifying injured, ill, or deceased persons and communicating with next of kin.

o If we have reasonable grounds to believe an individual has been, is, or may be victim of financial abuse.

o If it is reasonable to expect collection and use with consent would compromise the availability or the accuracy of the information and the collection is reasonable for purposes related to investigating a breach of an agreement or a contravention of the laws of Canada or a province.

o If disclosure is required to comply with a subpoena, warrant, court order, or rules of the court relating to the production of records.

o If it was produced by an individual in the course of their employment, business, or profession and the collection is consistent with the purposes for which the information was produced.

o If the collection is solely for journalistic, artistic, or literary purposes.

o If the information is publicly available and is specified by the regulations.

4. WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?

We may need to share your personal information in the following situations:

• Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another country.

• When we use Google Maps Platform APIs. We may share your information in connection with certain Google Maps Platform APIs (e.g. Google Maps API, Places API).

• Affiliates. We may share your information with our affiliates, in which case we will require those affiliates to honour this privacy notice. Affiliates include our parent company and any subsidiaries, joint venture partners, or other companies that we control or that are under common control with us.

• Business Partners. We may share your information with our business partners to offer you certain products, services, or promotions.

• Other Users. When you share personal information (for example, by posting comments, contributions, or other content to the services) or otherwise interact with public areas of the services, such personal information may be viewed by all users and may be publicly made available outside the services in perpetuity. Similarly, other users will be able to view descriptions of your activity, communicate with you within our services, and view your profile.

5. DO WE USE COOKIS AND OTHER TRACKING TECHNOLOGIES?

We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Specific information about how we use such technologies and how you can refuse certain cookies is set out in our Cookie Notice.

6. HOW LONG DO WE KEEP YOUR INFORMATION?

We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements). No purpose in this notice will require us keeping your personal information for longer than thirty six months past the state of the idle period of the user’s account. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymise such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

7. HOW DO WE KEEP YOUR INFORMATION SAFE?

We have implemented appropriate and reasonable technical and organisation security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorised third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our services is at your own risk. You should only access the services within a secure environment

8. WHAT ARE YOUR PRIVACY RIGHTS?

In some regions (like the EEA, UK, and Canada), you have certain rights under applicable data protection laws. These may include:

o The right to request access and obtain a copy of your personal information.

o To request rectification or erasure.

o To restrict the processing of your personal information

o If applicable, to data portability.

In certain circumstances, you may also have the right to object to the processing of your personal information. You can make such a request by contacting us by using contact details provided in the section ‘HOW CAN YOU CONTACT US ABOUT THIS NOTICE?’ below.

We will consider and act upon any request in accordance with applicable data protection laws.

If you are located in the EEA or UK and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority, You can find their contact details here:

https://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

If you are located in Switzerland, the contact details for the data protection authorities are available here: https://www.edoeb.admin.ch/edoeb/en/home.html.

Withdrawing your consent: if we are relying on your consent to process your personal information, when may be express and/or implied consent depending on the applicable law, you have the right to withdraw your consent at any time. You can withdraw your consent at any time by contacting us by using the contact details provided in the section ‘HOW CAN YOU CONTACT US ABOUT THIS NOTICE?’ below or by updating your preferences.

However, please note that this will not affect the lawfulness of the processing before its withdrawal not, when applicable law allows, will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent. Opting out of marketing and promotional communications: you can unsubscribe from our marketing and promotional communications at any time by clicking the unsubscribe link in the emails that we send, or by contacting us using the details provided in the section ‘HOW CAN YOU CONTACT US ABOUT THIS NOTICE?’ below. You will then be removed from the marketing lists. However, we may still communicate with you – for example, to send you service-related messages that are necessary for administration and use of your account, to respond to service requests, or for other non-marketing purposes.

Account Information

If you would at any time like to review or change the information in your account or terminate your account, you can:

o Log in to your account settings and update your user account.

o Contact us using the contact information provided.

Upon your request to terminate your account, we will deactivate or delete your account information from our active databases. However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our legal terms and/or comply with applicable legal requirements. Cookies and similar technologies: Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features.

If you have any questions or comments about your privacy rights, you may email us at m.sdesign@outlook.com.

9. CONTROLS FOR DO-NOT-TRACK FEATURES

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ('DNT') feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognising and implementing DNT signals have been finalised. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practise in a revised version of this privacy notice. 10. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

California Civil Code Section 1798.83, also known as the ‘Shine The Light’ law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.

If you are under 18 years of age, reside in California, and have a registered account with our services, you have the right to request removal or unwanted data that you publicly post on our services. To request removal of such data, please contact us using the contact information provided below and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on our services, but please be aware that the data may not be completely or comprehensively removed from all our systems (e.g. backups, etc.).

11. DO WE MAKE UPDATES TO THIS NOTICE?

We may update this privacy notice from time to time. The updated version will be indicated by an updated ‘Revised’ date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information.

12. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?

If you have questions or comments about this notice, you may email us at: msdesign.gifts@outlook.com
or by post to:

M S Design Gifts Ltd
Unit 3, Central Square
High Street
Birmingham, West Midlands
B23 6RY
United Kingdom

13. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?

You have the right to request access to the personal information we collect from you, change that information, or delete it. To request to review, update, or delete your personal information, please contact us