Privacy Policy

Fendly knows that you care about how your personal data is used and shared, and we take your privacy very seriously. How we do that is written in this Privacy Policy (the "Policy"). By visiting Fendly’s websites and Fendly's mobile applications and any other platforms Fendly owns or controls and makes available to you (collectively, the “Services”), and/or using any other linked pages or blogs, features, content (including any information, text, graphics, photos, lists of items complied by you, comments, reviews, links, or other materials uploaded, downloaded or appearing on, or linked to the Services), or applications offered from time to time by Fendly in connection therewith (collectively the “Content”), you acknowledge that you accept the practices and policies outlined in this Policy and you give explicit consent to Fendly for the collection, use, disclosure and retention of your personal information by us, as described in this Policy.

Any personal data provided to or gathered by the Services is controlled by CREON CORP. (a company incorporated in New York, United States and with a registered office at 1 West Street, New York, NY 10004, ("Fendly").

 

1. What Does This Policy Cover?

This Policy covers Fendly’s treatment of personal data that Fendly gathers when you access the Services and/or use the Content. This policy does not apply to the practices of companies that Fendly does not own or control, or to individuals that Fendly does not employ or manage.

 

2. What Personal Information Does Fendly Collect?

The information we gather enables us to personalize and improve our services or complete a transaction on your behalf.

We use the information to deliver the Services to you and, amongst other things, to: process payments, communicate with you about your orders, as well as products, services and promotional offers; administer your accounts and update our records; display Content such as "Lookbooks" and recommend merchandise and services that might be of interest to you; improve our store and platform, prevent or detect abuses of our Services and enable third parties to carry out technical, logistical or other functions on our behalf.

We retain personal information no longer than is legally permissible and delete personal information when it is no longer necessary for the purposes set out in this Policy. We collect the following types of information from our users:

i. Personal Data You Provide to Us

We receive and store any information you enter on the Services or provide to us in any other way. The types of personal data collected include your full name, email address, IP address, browser information, username, password, home and billing address, shipping address, credit card information and any other information necessary for us to provide the Services, including the usernames and passwords for your accounts and profiles on third-party sites with which the Services interoperates. You may also choose to provide us with a profile photo.

We use the information we collect from you to provide the Services to you and improve the Services and the Content. The personal data you provide is used for such purposes as answering questions, developing new products, completing transactions on your behalf, protecting Fendly and our users and communicating with you about Fendly’s products and services, including special and new features.

We also use the information we collect to send you product news and updates (such as when items or brands you have told us that you following or are interested in become available), newsletters, marketing materials and other information that may be of interest to you. For example, depending on your email notification settings, we may send you instant, daily or weekly "sale alert" updates that include new products you may like. You can decide to stop getting these updates by updating your account settings (or through other settings we may provide).

We will collect details of transactions you carry out through our Services and of the fulfilment of your orders. Saved card details will never be shared with third parties unless we need to in order to process your order, and only using our secure systems. These details will be fully encrypted and only used to process card transactions which you have initiated. In addition, we will take reasonable steps to ensure that third party business partners' to whom we transfer any data will provide sufficient protection of that personal data.

If you contact us, we may keep a record of that correspondence.

You can choose not to provide us with certain information, but then you may not be able to take advantage of many of our features (see section 9 below for further information on the choices you have).

ii. Personal data Collected Automatically

a. We receive and store certain types of information whenever you interact with our Website or use another feature of our Service. Fendly automatically receives and records information on our server logs from your browser including your IP address, cookie information (please see our Cookie Policy for further information, and the page you requested.

b. More generally, our Services automatically collect usage information, such as the numbers and frequency of visitors to our Services and its components, similar to user music preference data or to TV ratings that indicate how many people watched a particular show. Fendly only uses this data in aggregate form, that is, as a statistical measure, and not in a manner that would identify you personally. This type of aggregate data enables us to figure out how often customers use parts of the Services or another feature of the Content so that we can make the Services appealing to as many customers as possible, and improve the Content. As part of this use of information, we may provide aggregate information to our partners about how our customers, collectively, use our Content. We share this type of statistical data so that our partners also understand how often people use our Content, so that they, too, may provide you with an optimal online experience. Again, Fendly never discloses aggregate information to a partner in a manner that would identify you personally, unless it needs to in order to complete a transaction on your behalf. Fendly only discloses information to third parties it trusts.

iii. E-mail Communications

We often receive a confirmation when you open an email from Fendly if your computer supports this type of program. Fendly uses this confirmation to help us make emails more interesting and helpful. We also compare our customer list to lists received from other companies, in an effort to avoid sending unnecessary messages to our customers.

iv. Mobile Apps

When you download or use apps created by Fendly or its affiliates or subsidiaries and, where applicable, have requested or consented to location services, we may receive information about your mobile device and your location, including a unique identifier for your device. We may use this information to provide you with personalised content and location-based services, such as search results. Most mobile devices allow you to turn off location services. To learn more about what information your device makes available to us, please also check the policies of your device manufacturer or software provider.

 

3. What About Cookies?

Please see our Cookie Policy for information as to how we use cookies in relation to our Services.

 

4. Where Will We Store Your Personal Data?

The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be processed and use by staff operating outside the EEA who work for us or by one of our suppliers. Such staff may be engaged in, among other things, the fulfilment of your request, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy.

All information you provide to us is hosted and stored on Amazon Web Services cloud-based services (for further information on the measures taken by Amazon to protect the security of their servers and your personal data, please see: http://aws.amazon.com/security/). If you are not satisfied with the levels of security offered by our cloud provider, you should restrict the nature and amount of personal data or confidential information which you include in your log data or not use the Services. Any payment transactions will be encrypted using Secure Socket Layer (SSL) technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our Services, you are responsible for keeping this password confidential. You must not to share a password with anyone.

 

5. Will Fendly Share Any Of The Personal Data It Receives?

Personal data about our customers is an integral part of our business. We neither licence nor sell your personal data to anyone. We share your personal data only as described in this Policy.

i. Fendly Partner Websites We Do Not Control

Fendly works with a variety of merchants (“Fendly Partners”) in order to offer you the widest possible choice of fashion items through the services. We promote and sell the items offered by the Fendly Partners through the Services. When you choose to buy an item, you may be taken directly to their online store. You can easily recognise when a third-party business is associated with your transaction, and we will share your personal data that is related to such transactions with that business. Please note that: (i) the third-party business will use and share your personal data in accordance with its privacy policy; (ii) you should check its policy before completing any transaction involving such third-party business; and (iii) such third-party business is solely responsible for its use and sharing of your personal data.

ii. Stripe

We use a third party payment process provider called Stripe to process certain credit card and debit card transactions you make through the Services via our Integrated Checkout service (please see section 5(ix) below). Please note that we will share your personal data with Stripe that it is related to such transactions and Stripe may collect personal data from you directly via cookies or other means in order to process such transactions. Stripe does not sell or rent your personal Information to marketers or third parties. Please note that Stripe may transfer, process and store your personal data that it collects outside of EU member states. Stripe has certified that it adheres to the Safe Harbor Privacy Principles agreed upon by the U.S. and the E.U. The Safe Harbor certification for Stripe, Inc. can be viewed on the U.S. Department of Commerce’s Safe Harbor Web Site. Your personal data may be subject to disclosure by Stripe as required by applicable law. You can find out more about how Stripe collects and uses your personal data by clicking https://stripe.com/gb/privacy if you are a UK customer or https://stripe.com/us/privacy if you are a US customer, or by selecting the relevant privacy policy for your country by following these links. By using the Services and making payments through the Services, you are agreeing to Stripe's use of your personal data in accordance with their privacy policy.

iii. Other Third Parties

We may share your personal data with selected third parties including advertisers and advertising networks that require the data to select and serve relevant adverts to you and others. We do not disclose information about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, women in SW1). We may make use of the personal data we have collected from you to enable us to comply with our advertisers' wishes by displaying their advertisement to that target audience.

We may also share your personal data to analytics and search engine providers that assist us in the improvement and optimisation of our site. We have implemented the Google Analytics Demographics and Interest Reporting feature. Click here for information on opting out of Google Analytics features.

iv. Agents

We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you. Unless we tell you differently, Fendly’s agents do not have any right to use personal data we share with them beyond what is necessary to assist us.

v. User Profiles and Other Information You Post

User profile information including your username, name, email address, and other information you enter (“User Submissions”) may be displayed to other users to facilitate user interaction within the Services and allow you to follow other users, and them to follow you. Email addresses are used to add new User Submissions to user profiles and to communicate through User Submissions. Any personal data or content that you voluntarily disclose online (on discussion boards, in messages and chat areas, through reviews in product pages, etc.), as well as the items and "Lookbooks" you compile on the Services, become publicly available and can be viewed, collected and used by others. Any images, captions, physical descriptions, personal interests or other content that you submit to the Services may be redistributed through the Internet and other media channels, and may be viewed by the general public.

Please be aware that whenever you voluntarily post information to public areas on the Services or any other public forums, such information can be accessed by the public.

vi. Communication in Response to User Submissions

As part of the Services, you will receive from Fendly email and other communication relating to your User Submissions. You acknowledge and agree that by posting such User Submissions, Fendly may send you email and other communication that it determines in its sole discretion relate to your User Submissions. Fendly may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your Fendly account, which you may not be able to opt-out from receiving.

vii. Business Transfers

In some cases, we may choose to buy or sell assets. In these types of transactions, customer information is typically one of the business assets that are transferred. Moreover, if Fendly, or substantially all of its assets were acquired, or in the unlikely event that Fendly goes out of business or enters bankruptcy, customer information would be one of the assets that is transferred to or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Fendly may continue to use your Personal Information as set forth in this policy.

viii. Protection of Fendly and Others and a Transfer in the Ownership of Fendly

We may release personal data when we believe in good faith that release is necessary to comply with the law, regulation or legal request; enforce or apply our conditions of use and other agreements; or protect the rights, property, or safety of Fendly, our employees, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. You agree that we may also share your data with entities where Fendly is engaged in a merger, acquisition, bankruptcy, dissolution, reorganization, or similar transaction or proceeding that involves the transfer of the information described in this Policy.

ix. Integrated Checkout

We allow you to purchase items from different multiple different Fendly Partners via the Services through our Integrated Checkout service. Fendly Partners that are part of our Integrated Checkout marketplace (please see the Terms & Conditions for more information on the Integrated Checkout service) promote and market their items to you through the Services.

When you make a purchase through our Integrated Checkout services, we will share your personal data that is related to such transactions with the relevant Fendly Partner from whom you have purchased the item(s), but only using our secure systems. These details will be encrypted and used to process card transactions which you have initiated and may be used by the Fendly Partner, along with other personal data, as set forth in such Fendly Partners’ privacy policies for a number of purposes, including, without limitation, for keeping you up to date with their latest products, developments, and trends. We require the Fendly Partners to honor your opt-out requests if you elect to stop receiving these marketing e-mails. Please be advised that you cannot opt-out of receiving emails related to your transactions. If, for whatever reason, a Fendly Partner does not honor your opt-out request, please let us know and we will attempt to resolve the issues. Again, these Fendly Partners are solely responsible for their use and sharing of your personal data, and you should carefully review their privacy policies before completing a transaction on our Integrated Marketplace.

We may also share your data with Fendly Partners in connection with certain promotions and competitions. These will be subject to additional rules and conditions which will be made available at the time of any such competition or promotion. You should carefully review the rules and conditions relating to such competitions and promotions.

x. With Your Consent

By using the Services, you consent to our sharing of personal data for the above purposes.

xi. Affiliates

We may share some or all of your personal data with any of our parent companies, subsidiaries, joint ventures, or other companies under common control with us.

 

6. Is Personal Information About Me Secure?

The personal data in the Fendly account you have with us is protected by a password for your privacy and security. You need to ensure that there is no unauthorised access to your account and personal data by selecting and protecting your password appropriately and limiting access to your computer and browser by signing off after you have finished accessing your account. You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. Fendly encourages you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Fendly cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

Unfortunately, the transmission of information via the Internet is not completely secure. Fendly endeavors to protect personal data but Fendly cannot guarantee the security of your data transmitted to our Services. Unauthorised entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our platform; any transmission of data 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.

 

7. What About Links To Third Party Websites?

The Services contain links to other sites. Fendly is not responsible for the privacy policies and/or practices on other sites. When linking to another site you should read the privacy policy stated on that site. This Policy only governs information collected on the Services.

We will take care to maintain appropriate safeguards to ensure the security, integrity and privacy of the information you have provided us with. We encrypt your information to protect it from unauthorised use. In addition, we will take reasonable steps to ensure that third party business partners' to whom we transfer any data will provide sufficient protection of that personal data.

To help ensure that your shopping experience is safe, simple, and secure, we use Secure Socket Layer (SSL) technology.

 

8. What Personal Data Can I Access?

Fendly allows you to access the following information about you for the purpose of viewing, and in certain situations, updating that information: your name; user email address; username and password; profile picture; bio; website; user preferences; zip- and/or post-codes, billing address, and payment information.

The information you can access will change as the Services change.

If you a are registered user of Fendly, you can change or delete saved credit/debit card details and add or edit shipping and billing address information.

You have the right to access information held about you. In the US the Data Protection Act 1998 (the "Act") gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of $10 to meet our costs in providing you with details of the information we hold about you. You may at any time request correction or deletion of your personal data, and object to any processing of your personal data by emailing us at legal@fendly.com. We will respond to your access and/or correction request within four (4) weeks.

 

9. What Choices Do I Have?

As set out above, you can always opt not to disclose information, even though it may be needed to take advantage of the Services or other features of the Content.

You are able to add or update certain information on pages, such as those listed in the “What Personal Data Can I Access” section above. When you update information, however, we often maintain a copy of the unrevised information in our records.

Once Fendly accounts are activated, you may request deletion of your account by following the instructions at the Account Settings section of the Services. Please note that some information may remain in our records after deletion of your account.

When you register for an account at our Services, you consent to receive certain email or other communications from us; if you do not wish to receive any such communications, you should not register for an account at our Services. We may also use your data to provide you with information about products and services which may be of interest to you, directly or on behalf of one of our business partners. You can however change the type and frequency of the emails you receive from us at any time by changing your email settings here or by unsubscribing from such emails.

Most mobile devices provide users with the ability to disable location services. These controls are usually located in the device's settings menu. Please contact your mobile service carrier or device manufacturer if you have questions about how to disable your device's location services.

Please note that if you choose not to receive legal notices from us, such as this Policy, those legal notices will still govern your use of the Services, and you are responsible for reviewing such legal notices for changes.

 

10. Children

We do not knowingly market or sell products for purchase by children. The Services are not designed for use by children under 13 years old. Children under 13 are not allowed to register with or use the Services, or submit personal data through the Services. We do not knowingly collect personal data from anyone under the age of 13. If we discover that we have collected personal information from a child under 13, we will delete that information immediately. If you believe that we might have any information from a child under age 13, please contact us at legal@fendly.com.

 

11. Changes To This Policy

Fendly may amend this Policy from time to time. Use of information we collect now is subject to the Policy in effect at the time such information is used. If we make changes in the way we use personal data, we will notify you by posting an announcement on our Services or sending you an email. Users are bound by any changes to the Policy when he or she uses the Services after such changes have been first posted.

 

12. Questions Or Concerns

If you have any questions or concerns regarding privacy on our Services or the Content, please send us a detailed message here. We will make every effort to resolve your concerns. If your questions or concerns are not answered online, you may write to us at 1 West Street, New York, New York 10004, United States.

Effective Date: January, 10th 2016

 

COOKIE POLICY

Welcome to Fendly’s Cookie Policy. "Fendly" means CREON CORP. (a company incorporated in New York,  United States with a registered office at 1 West Street, New York, NY 10004). Fendly is also referred to in this Cookie Policy as "we", "us", "our", and "ours".

Like most websites and apps, our websites, mobile applications and any other platforms Fendly owns or controls and makes available to you (collectively, the "Services") use cookies.

This Cookie Policy applies to all of our Services and any other linked pages or blogs, features, content (including any information, text, graphics, photos, lists of items complied by you, comments, reviews, links, or other materials uploaded, downloaded or appearing on, or linked to the Services), or applications offered from time to time by Fendly in connection therewith (collectively the "Content").

This Cookie Policy forms part of and is incorporated into our Terms and Conditions and Privacy Policy for the Services.

Our Services use cookies to distinguish you from other users of our Services. This helps us to provide you with a good experience when you browse our Services and also allows us to improve our Services. By continuing to use and browse the Services, you are agreeing to our use of cookies whenever you access the Services on any device.

Any changes to this policy will be posted here. We reserve the right to vary this Cookie Policy from time to time and such changes shall become effective as soon as they are posted. Your continued use of the Services constitutes your agreement to all such changes.

 

Cookies

A cookie is a small text file that is stored on a user's computer for tracking and record-keeping purposes. Unless you have adjusted your browser setting so that it will refuse cookies, we will drop cookies as soon as you visit the Services or as soon as you are taken to a specific item on a third party merchant ("Fendly Partner") website. Persistent cookies enable us to track and target your interests to enhance your experience on our website. For example, we use this data to understand how you interact with the Services we can make improvements to the information and design of the Services. By agreeing to the terms of this Cookie Policy, you consent to the cookies referenced above being dropped onto your machine.

Which type of cookies do we use?

We use the following cookies:

  • Strictly necessary cookies. These are cookies that are required for the operation of our Services. They include, for example, cookies that enable you to log into secure areas of our Services, use a shopping cart or make use of e-billing services.
  • Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our Services when they are using them. This helps us to improve the way our Services work, for example, by ensuring that users are finding what they are looking for easily.
  • Functionality cookies. These are used to recognise you when you return to our Services. This enables us to personalise our Content for you, greet you by name and remember your preferences (for example, your choice of language or region).
  • Targeting cookies. These cookies record your visit to our Services, the pages you have visited and the links you have followed. We will use this information to make our Services and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.

We also use cookies to keep track of items stored in your shopping bag and to fulfil your orders. We also use cookies for conducting diagnostics to improve Fendly 's Content, products and Services, fraud prevention and security.

We use both session ID cookies and persistent cookies, to make it easier for you to navigate our site. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies via your browser’s ‘clear cookie’ function. Please see www.allaboutcookies.org for more information about blocking cookies on your particular web browser.

Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.

How do I control my cookies?

You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. The "Help" feature on most browsers will tell you how to stop your browser from accepting new cookies. It should also tell you how to set up the browser to notify you when you receive a new cookie and how to disable cookies entirely. Additionally, you can disable or delete similar data used by browser add-ons, such as flash cookies, by changing the add-on's settings or visiting the website of its manufacturer. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site or use our Integrated Checkout service shopping basket. Please see www.allaboutcookies.org for more information about blocking cookies on your particular browser.

Effective Date: January, 10th 2016

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