This Privacy Policy explains how ZOETOP
Business Co., Limited (collectively, "BURPRISED," "we,"
"us," or "our") collect, use, share and process your information
as well as the rights and choices you have associated with that information.
This Privacy Policy applies to all personal information collected during any
written, electronic, and oral communications or collected online or offline,
which include: our website, located at BURPRISED.COM (“the Site”) through our
mobile application BURPRISED-Fashion Shop (“the App”) as well as any other
written, electronic, and oral communications with BURPRISED and its
representative parties (collectively, the “Services”). Please note that all
payments on the us.burprised.com website are processed by, Fashion Direct
Corp., a U.S. corporation.
Please read our Terms and Conditions and
this Policy before accessing or using our Services. If you cannot agree with
this Policy or the Terms and Conditions, please do not access or use our
Services. If you are located in a jurisdiction outside the European Economic
Area, by using our Services, you accept the Terms and Conditions and accept our
privacy practices described in this Policy.
We may modify this Policy at any time,
without prior notice, and changes may apply to any Personal Information we
already hold about you, as well as any new Personal Information collected after
the Policy is modified. If we make changes, we will notify you by revising the
date at the top of this Policy. We will provide you with advanced notice if we
make any material changes to how we collect, use or disclose your Personal
Information that impact your rights under this Policy. If you are located in a
jurisdiction other than the European Economic Area, the United Kingdom or
Switzerland (collectively “European Countries”), your continued access or use
of our Services after receiving the notice of changes, constitutes your
acknowledgement that you accept the updated Policy.
In addition, we may provide you with real
time disclosures or additional information about the Personal Information
handling practices of specific parts of our Services. Such notices may
supplement this Policy or provide you with additional choices about how we
process your Personal Information.
Quick Links
Click on the links below to go to a
specific section of this Privacy Policy.
Personal Information We Collect >
Cookies and Other Tracking Technologies
>
How We Use Your Personal Information >
Sharing Your Personal Information >
Security Precautions >
Your Rights >
Retention >
Third-Party Websites >
Children >
Specific Notice for Californian residents
>
Specific Notice for Individuals in the
European Economic Area, the United Kingdom and Switzerland >
Contact Us >
1. Personal Information We Collect
We collect personal information when you
use our Services, create an account with us or submit personal information when
requested with the Site. Personal information generally is any information that
relates to you, identifies you personally or could be used to identify you,
such as your name, email address, phone number, address and payment account
number. The definition of personal information varies by jurisdiction. Only the
definition that applies to you based on your location applies to you under this
Privacy Policy. Personal information does not include data that has been
irreversibly anonymized or aggregated so that it can no longer enable us,
whether in combination with other information or otherwise, to identify you.
The types of personal information that we
may collect about you include:
A.Information You Directly and Voluntarily
Provide to Us to execute the purchase or services contract. We collect your
personal information you give us when you use our Services. For example, if you
visit our Site and place an order, we collect information that you provide to
us during the ordering process. This information will include your first and
last name, mailing address, email address, phone number, payment account or
credit card information. In some regions, , passport information and tax number
are also needed for customer clearance . We may also collect personal
information when you communicate with any of our departments such as customer
service, or when you complete online forms or surveys provided on the Site. You
may also choose to provide your email address to us if you would like to
receive information about the products and services that the BURPRISED offers,
such as BURPRISED Style News.
B.Information You Provide to us to improve
our products and services. You may voluntarily provide us with your height,
age, and weight and measurements and your preference. This information is used
by us to recommend clothing sizes, and to provide fit prediction services for you.
C.Information You Post on the Site. If you
post information on public areas of the Site, for example a customer review,
that information may be collected and used by BURPRISED, users of the Site, and
the public generally. We strongly recommend that you do not post any
information through the Site that allows strangers to identify or locate you or
that you otherwise do not want to share with the public.
D.Information You Provide through our Live
Chat on the Site. We will also store your voice information when you
communicate with customer service via voice for related issues, and we will
keep your voice information secure. You may provide personal information
through our Live Chat which is available on the Site 24 hours a day. We
strongly recommend that you do not post any information through the Live Chat
that you are not comfortable sharing with a chat employee.
E.Information You Provide to Participate in
Sweepstakes. From time to time, we may ask you to complete a survey and/or
offer you an opportunity to participate in promotions, programs (such as the BURPRISED
VIP program) and/or sweepstakes (collectively, “Promotions”) via the Site or
through a third-party platform. If you choose to participate in a Promotion, we
will collect and store the personal information you provide in connection with
your participation in the Promotion, including, but not limited to, your name,
email address, date of birth, and/or phone number. Such information shall be
subject to this Privacy Policy unless otherwise stated in the official rules or
guidelines of the Promotion or in another privacy policy governing the
Promotion.
Information we collect in connection with a
Promotion will be used to administer the Promotion, such as by notifying
winners and distributing prizes. As permitted by applicable law, your
information may also be used by BURPRISED or the Promotion sponsor for
marketing purposes. Your entry into the Promotion may result in the addition of
your information to our mailing list as well as to the mailing list of our
promotional partners. Acceptance of a prize may require you (unless prohibited
by law) to allow us to post publicly some of your information via the Site,
such as on a winner's page.
F.Information Automatically Collected
Through the Site. We may automatically collect personal information about you
when you use the Site. For example, if you access the Site through a computer,
we will automatically collect information such as your browser type and
version, computer and connection information, Internet Protocol (“IP”) address
and standard web log information. If you access the Site through a mobile
device, we may also be able to identify the location of your mobile device. You
may choose not to share your location details with us by adjusting your mobile
device’s location services settings. For instructions on changing the relevant
settings, please contact your service provider or device manufacturer. Please
see section 2 below to learn more about our automatic Personal information
processing activities.
G.Combination and automated information. We
may also combine the information we collect among our services and across your
devices and use different technologies to process your information for the
purposes described above. For example, we use automated systems that analyze
your account status and payment information to detect the unsafe and unsecured
payment. We also use automated systems to assess security of your account and
provide you suggestion to improve the security of your account.
2. Cookies and Other Tracking Technologies
We may use cookies, tags, and similar
technologies to automatically collect information on our Services. These
tracking technologies allow our technology partners to collect information
including your computer’s IP address, your mobile device identifier, the type
of internet browser you are using, operating system, referral URLs, date/time
stamps, pages viewed, and simple keyword tags. Cookies or tags are bits of code
that allow our technology partners to collect information including your computer’s
IP address, your mobile device identifier, the type of internet browser you are
using, operating system, referral URLs, date/time stamps, pages viewed, and
simple keyword tags. We also use web pixels to analyze usage patterns on our
Site.
A.Cookies. The cookies are small web files
that a site or its provider transfers to your device’s hard drive through your
web browser that enables the site’s or provider’s system to recognize your
browser and remember certain information.
Generally, we use first-party and
third-party cookies for the following purposes: to make our Services function
properly; to provide a secure browsing experience during your use of our
Services; to collect passive information about your use of our Services; to
measure how you interact with our marketing campaigns; to help us improve our
Services; and to remember your preferences for your convenience.
We use the following types of cookies on
our Services:
Strictly Necessary Cookies. These cookies
are essential because they enable you to use our Services. For example,
strictly necessary cookies allow you to access secure areas on our Services.
Without these cookies, some services cannot be provided. These cookies do not
gather information about you for marketing purposes. This category of cookies
is essential for our Services to work and they cannot be disabled.
Functional Cookies. We use functional
cookies to remember your choices so we can tailor our Services to provide you
with enhanced features and personalized content. For example, these cookies can
be used to remember your name or preferences on our Services. We do not use
functional cookies to target you with online marketing. While these cookies can
be disabled, this may result in less functionality during your use of our
Services.
Performance or Analytic Cookies. These
cookies collect passive information about how you use our Services, including
webpages you visit and links you click. We use the information collected by
such cookies to improve and optimize our Services. We do not use these cookies
to target you with online marketing. You can disable these cookies.
Advertising or Targeting Cookies. These
cookies are used to make advertising messages more relevant to you. They
perform functions like preventing the same ad from continuously reappearing,
ensuring that ads are properly displayed for advertisers, and in some cases
selecting advertisements that are based on your interests. Our third-party
advertising partners may use these cookies to build a profile of your interests
and deliver relevant advertising on other sites. You may disable the use of
these cookies as set forth below.
B.Other Tracking Technologies. To see how
successfully our marketing campaigns or other Site goals are performing we
sometimes use conversion pixels, which fire a short line of code to tell us
when you have clicked on a particular button or reached a particular page (e.g.
a thank you page once you have completed the procedure for subscribing to one
of our services or have completed one of our forms). We also use web pixels to
analyze usage patterns on our Site. The use of a pixel allows BURPRISED to
record that a particular device, browser, or application has visited a
particular webpage.
C.Your Choices. Your browser may provide
you with the option to refuse some or all browser cookies. You may also be able
to remove cookies from your browser. You can exercise your preferences in
relation to cookies served on our Sites by taking the steps outlined below.
First-Party Cookies. You can use the
browser with which you are viewing this Site to enable, disable or delete
cookies. To do this, follow the instructions provided by your browser (usually
located within the “Help”, “Tools” or “Edit” settings). Please note, if you set
your browser to disable cookies, you may not be able to access secure areas of
the Site. Also, if you disable cookies other parts of the Services may not work
properly. You can find more information about how to change your browser cookie
settings at http://www.allaboutcookies.org.
Mobile Advertising: If you are not located
in the European Countries, you can opt out of having your mobile advertising
identifiers used for certain types of advertising by accessing the settings in
mobile device and following the instructions. If you opt-out, we will remove
all data about you and will not collect any further data. The random ID
previously assigned to you will be removed. Thus, if at a later stage, you
decide to opt-in, we will be unable to continue to track you using the prior ID
and you will for all practical purposes be a new user. If you are located in
the European Countries, the cookie banner on our website will provide you the
opportunity to consent to having your mobile advertising identifiers used for
certain types of advertising by accessing the settings in mobile device.
Third-Party Cookies. If you are not located
in the European Countries, to opt-out of third-party advertising networks and
similar entities that use advertising cookies go to http://www.aboutads.info/choices.
Once you click the link you may choose to opt-out of such advertising from all
participating advertising companies or only advertising provided by specific
advertising entities. For more information about third-party advertising
networks and similar entities that use these technologies, please see
http://www.aboutads.info/consumers . If you are not located in the European
Countries, the cookie banner on our website will provide you the opportunity to
consent to having third-party advertising cookies.
We do not control third parties’ collection
or use of your information to serve interest-based advertising. However, these
third parties may provide you with ways to choose not to have your information
collected or used in this way. In addition, most web browsers provide help
pages relating to setting cookie preferences. More information may be found for
the following browsers here:
Google Chrome
Internet Explorer
Mozilla Firefox
Safari (Desktop)
Safari (Mobile)
Android Browser
Opera Mobile
D.Analytics. If you are not located in the
European Countries, we may use third-party service providers to monitor and
analyze the use of our Site. Presently, we use Google Analytics. Google
Analytics is a web analytics service offered by Google LLC (“Google”) that
tracks and reports Site traffic. For more information on the privacy practices
of Google, please visit the Google Privacy & Terms web page:
https://policies.google.com/privacy?hl=en . Google Analytics Opt-out Browser
Add-on provides visitors with the ability to prevent their data from being
collected and used by Google Analytics, available at:
https://tools.google.com/dlpage/gaoptout . If you are located in the European
Countries, and the Google Analytics is structured to collect Personal
Information, the cookie banner on our website will provide you the opportunity
to consent to Google Analytics.
E.Behavioral Remarketing. We also use
remarketing services to advertise on third-party websites to you after you
visited our Site or services. If you are not located in the European Countries,
we and our third-party vendors use cookies to inform, optimize and serve ads
based on your past visits to our Service. We use Google Ads for these purposes.
Google Ads remarketing service is provided by Google. You can opt-out of this
by visiting the Google Ads Settings page: http://www.google.com/settings/ads .
If you are located in the European Countries, and the Google Ads is structured
to collect Personal Information, the cookie banner on our website will provide
you the opportunity to consent to Google Ads.
F.Other Tracking Technologies. We may also
use Tracking Technologies to collect "clickstream" data, such as the
domain name of the service providing you with Internet access, your device
type, IP address used to connect your computer to the Internet, your browser
type and version, operating system and platform, the average time spent on our
Site, webpages viewed, content searched for, access times and other relevant
statistics, and assign unique identifiers to the device or other credentials
you use to access the Site for the same purposes.
Pages of our Site and our emails may
contain small electronic files known as web beacons (also referred to as clear
gifs, pixel tags and single-pixel gifs) that permit us, for example, to count
users who have visited those pages or opened an email and for other related
website statistics (for example, recording the popularity of certain website
content and verifying system and server integrity).
Pages of our Site may also use Java
scripts, which are code snippets embedded in various parts of websites and
applications that facilitate a variety of operations including accelerating the
refresh speed of certain functionality or monitoring usage of various online
components; entity tags, which are HTTP code mechanisms that allow portions of
websites to be stored or “cached” within your browser to accelerate website
performance; and HTML5 local storage, which allows data from websites to be
stored or “cached” within your browser to store and retrieve data in HTML5
pages when the website is revisited.
G.Do Not Track. Some Internet browsers,
such as Internet Explorer, Firefox, and Safari, include the ability to transmit
“Do Not Track” or “DNT” signals. Since uniform standards for “DNT" signals
have not been adopted, our Site does not currently process or respond to “DNT”
signals.
H.Location Information. You may be able to
adjust the settings of your device so that information about your physical
location is not sent to us or third-parties by (a) disabling location services
within the device settings; or (b) denying certain websites or mobile
applications permission to access location information by changing the relevant
preferences and permissions in your mobile device or browser settings. Please
note that your location may be derived from your WiFi, Bluetooth, and other
device settings. See your device settings for more information.
3. How We Use Your Personal Information
We will only use your personal information
as described in this Privacy Policy or as disclosed to you prior to such
processing taking place.
A.To Provide You Our Services. We will use
your personal information to provide information or perform Services that you
request, including managing your request as a registered user of our Site. If
the applicable information is to be provided or Service is to be performed by a
third party, then we will disclose the applicable information to the third
party providing the information or performing applicable Services. All third
parties that we work with are contractually obligated to protect your
information as disclosed in this Privacy Policy.
B.For Internal Use. We use your personal
information for the purposes of furthering our business, including improving
our Site's content and functionality by analyzing where, on which types of
devices and how our Site is used, how many visitors we receive, and where they
click through to the Site from. We also use it to remember you in case you
re-visit our Site, so we will know if you have already been served with
surveys, or (where Site content is undergoing testing) which version of the
content you were served.
C.To Provide You with Service-Related
Communications. We will send you administrative or account-related information
to keep you updated about your account and the Services. Such communications
may include information about Privacy Policy updates, confirmations of your
account actions or transactions, security updates or tips or other relevant
transaction-related information. We process your contact information to send
you such communications. Service-related communications are not promotional in
nature. You are not able to unsubscribe from such communications, otherwise you
may miss important developments relating to your account or the Services.
D.To Provide Customer Support or Respond to
You. We collect any information that you provide to us when you contact us.
Without your personal information, we cannot respond to you or ensure your
continued use and enjoyment of the Services.
E.To Ensure the Security of the Services.
We care about keeping you secure and safe while using our Services. Keeping you
safe requires us to process your personal information, such as your device
information, activity information and other relevant information. We use such
information to combat spam, malware, malicious activities or security risks;
improve and enforce our security measures; and to monitor and verify your
identity so that unauthorized users do not gain access to your information. We
cannot ensure the security of our Services if we do not process your personal
information for security purposes.
F.To Enforce Compliance with Our Terms and
Agreements or Policies. When you access or use our Services, you are bound to
our Terms and Conditions. To ensure you comply with them, we process your
personal information by actively monitoring, investigating, preventing and
mitigating any alleged or actual prohibited, illicit or illegal activities on
our Services. Subject to the applicable law, we may also process your personal
information to: investigate, prevent or mitigate violations of our internal
terms, agreements or policies and enforce our agreements with third parties and
business partners.
G.To Maintain Legal and Regulatory
Compliance. Our Services are subject to certain laws and regulations which may
require us to process your personal information. For example, we process your
personal information to pay our taxes, to fulfill our business obligations,
ensure compliance with employment and recruitment laws or as necessary to
manage risk as required under applicable law. Without processing your personal
information for such purposes, we cannot perform the Services in accordance
with our legal and regulatory requirements.
4. Sharing Your Personal Information
Other than sharing your personal
information so that you can use our Services, or as required or permitted by
law, we do not share personal information about you with non-affiliated third
parties. We may disclose your personal information as described below.
A.Within Our Corporate Organization. BURPRISED
is a part of a corporate organization that has several legal entities, business
processes, management structures and technical systems. BURPRISED may share
your personal information within this organization to provide you with the
Services and take actions based on your request.
For example, we may share your personal
information within our organization to facilitate payment processing. For
European Economic Area customers, payment collection is operated by our UK
subsidiary ZENITH BUSINESS CO., LIMITED (ZENITH), Address: Unit 3, Lake Farm
House Allington Lane, Fair Oak, Eastleigh, Hampshire, United Kingdom, SO50 7DD.
ZENITH will be in charge of all the relevant issues relating to the payment of
EU customer such as refund, cancellations, returns, and purchase disputes, as
well as customer support etc.
For United States customers, payment
collection is operated by Fashion Direct Corp., a U.S. corporation, located at
1000 N West Street, Suite 1200, office 1271, Wilmington, DE 19801.
B.Third Parties. We may share your personal
information with third-party service providers acting on our behalf to help us
operate our Services. Service providers and vendors provide us with support
services such as credit card processing, website hosting, email and postal
delivery, analytics services, conducting surveys and research, and performing
network maintenance. These third parties can only use your data in accordance
with our written instructions and must comply with the information security
protections we have put in place.
C.To Maintain Legal and Regulatory
Compliance. We have the right to disclose your personal information as required
by law, or when we believe that disclosure is necessary to protect our rights
and/or comply with a judicial proceeding, court order, request from a regulator
or any other legal process served on BURPRISED. If there is a takeover, sale or
purchase of our business, we may disclose your personal information to the new
(or prospective) owner of the business.
D.Third Party Advertisers. In certain
circumstances, and subject to the applicable law, we may share your personal
information with third parties to market their products or services to you.
E.Co-Branded Services and Features.
Portions of our Site or Services may be offered as part of co-branded services
and features. We will share your personal information with our co-branded
partners based on your voluntary use of or participation in a co-branded
service or feature. The co-branded partners will be identified on the
co-branded feature or service, along with an applicable co-branded partner's
privacy policy. Use of your personal information by a co-branded partner will
be subject to a co-branded partner’s privacy policy. If you wish to opt-out of
a co-branded partner’s future use of your personal information, you will need
to contact the co-branded partner directly.
F.Consent. We may disclose your personal
information for any purpose with your consent.
5. Security Precautions
We maintain physical, electronic, and
procedural safeguards designed to guard and prevent misuse of your personal
information. Our security measures include industry-standard physical,
technical and administrative measures to prevent unauthorized access to or
disclosure of your information, to maintain data accuracy, to ensure the
appropriate use of information, and otherwise safeguard your personal
information. We restrict access to your non-public personal information to
those employees and third parties who need such information to provide products
or Services.
Please recognize that protecting your
personal information is also your responsibility. We ask you to be responsible
for safeguarding your password, secret questions and answers and other
authentication information you use to access our Services.
If you feel that the security of your
account or personal data has been compromised, please immediately contact us at
following email address data@burprised.com . Please be aware that, despite our
best efforts, no security system is impenetrable. In the event of a security
breach, we will promptly notify you and the proper authorities if required by
law.
6. Your Rights
We take reasonable steps to ensure that
your personal information is accurate, complete, and up to date. You have the
right to access, correct, or delete the personal information that we collect,
subject to certain exceptions. To protect the privacy and the security of your
personal information, we may request data from you to enable us to confirm your
identity and right to access such data, as well as to search for and provide
you with the personal data we maintain. There are instances where applicable
laws or regulatory requirements allow or require us to refuse to provide or
delete some or all of the personal information that we maintain. You may
Contact Us to exercise your rights.
7. Retention
We will retain your personal information
only for as long as is necessary for the purposes set out in this Privacy
Policy. We will retain and use your personal information to the extent
necessary to comply with our legal obligations (for example, if we are required
to retain your data to comply with applicable laws), resolve disputes and
enforce our legal agreements and policies.
If you send us correspondence, including
emails, we retain such information electronically in the records of your
account. We will also electronically retain customer service correspondence and
other correspondence from BURPRISED to you. We retain these records to measure
and improve our customer service and to investigate potential fraud and
violations. We may, over time, delete these records as permitted by law.
BURPRISED will also retain Site and
services usage data for internal analysis purposes. Usage data is generally
retained for a shorter period of time, except when this data is used to
strengthen the security or to improve the functionality of our Site, or we are
legally obligated to retain this data for longer periods.
8. Third-Party Websites
Our Site may contain links to third-party
sites. This Privacy Policy does not apply to those third-party sites. We
recommend that you read the privacy statements of any other sites that you
visit as we are not responsible for the privacy practices of those sites.
9. Children
Our Services are not directed to, and we do
not knowingly collect personal information from, children under the age of 16.
If you are under 16, please do not attempt to fill out our forms or send any
personal information about yourself to us. If we become aware that a child
under 16 has provided us with personal information, we will take steps to
delete such information from our files.
10. Notice for California Residents
This section applies only to California
residents. Pursuant to the California Consumer Privacy Act of 2018, as amended
(“CCPA”), below is a summary for the last twelve (12) months of the personal
information categories, as identified and defined by the CCPA (see California
Civil Code section 1798.140 (o)), that we collect, the reason we collect the
personal information, where we obtain the personal information, and the third
parties that we may share the personal information.
We generally collect the following
categories of personal information when you use our Services:
identifiers such as a name, address, unique
personal identifier, email, phone number, your device’s IP address, software,
and identification numbers associated with your devices;
commercial information such as records of
products or services purchased, obtained, or considered by you;
Internet or other electronic information
regarding you browsing history, search history, the webpage visited before you
came to our Site, length of visit and number of page views, click-stream data,
locale preferences, your mobile carrier, date and time stamps associated with
transactions, and system configuration information;
your geolocation, to the extent you have
configured your device to permit us to collect such information;
audio recordings of your voice to the
extent you call us, as permitted under applicable law; and
inferences about your preferences,
characteristics, behavior and attitudes.
We generally do not collect protected
classifications about our users, biometric information, professional or
employment-related information, or education-related information. For more
information about the personal information we collect and how we collect it,
please refer to sections 1 and 2 above.
We collect your personal information for
the business purposes described in section 3. The CCPA defines a “business
purpose” as the use of personal information for the business’s operational
purposes, or other notified purposes, provided the use of personal information
is reasonably necessary and proportionate to achieve the operational purpose
for which the personal information was collected or another operational purpose
that is compatible with the context in which the personal information was
collected.
The categories of third parties with whom
we may share your personal information are listed above in section 4, above.
If you are a California resident, you have
rights in relation to your personal information; however, your rights are
subject to certain exceptions. For instance, BURPRISED cannot disclose specific
pieces of personal information if the disclosure would create a substantial,
articulable, and unreasonable risk to the security of the personal information,
your account with us or the security of our network systems. To assert your
right to know or your right to delete your personal information, please contact
us by email at cs@burprised.com . To confirm your identity, we may ask you to
verify personal information we already have on file for you. If we cannot
verify your identity based on the information we have on file, we may request
additional information from you, which we will only use to verify your
identity, and for security or fraud-prevention purposes.
Right Against Discrimination. You have the
right not to be discriminated against for exercising any of the rights
described in this section. We will not discriminate against you for exercising
your right to know, delete or opt-out of sales.
Right to Know. You have the right to
request in writing: (i) a list of the categories of personal information, such
as name, address, email address, that a business has disclosed to third parties
during the immediately preceding calendar year for the third parties' direct
marketing purposes, and (ii) the names and addresses of all such third parties.
In addition, you have the right to request: (i) the categories of personal
information we have collected about you, (ii) the categories of sources from
which personal information is collected, (iii) the business or commercial
purpose for the information collection, (iv) the categories of third parties
with whom we have shared personal information, and (v) the specific pieces of
personal information we hold about an individual. You have the right to request
a copy of the specific personal information we collected about you during the
12 months before your request.
Right to Delete. You have the right to
request us delete any personal information we have collected from you or
maintain about you, subject to certain exceptions.
Right to Opt-Out of Selling. You have the
right to opt-out of having your personal information sold. We do not sell your
personal information. The CCPA broadly defines “personal information” and
“selling” such that sharing identifiers linked to you for a benefit may be
considered a sale. In 2019, we were sharing identifiers and inferences about
you with our partners, third parties and affiliates in such a way that, under
the CCPA, may be defined as selling. As noted above, you have the right to know
the categories of personal information that we sold about you and the
categories of third parties with whom we shared such information.
In addition, California Civil Code Section
1798.83 permits customers of BURPRISED who are California residents to request
certain information regarding our disclosure of personal information to
third-parties for their direct marketing purposes. In your request, please
specify that you want a “California Shine the Light Notice.” Please allow 30
days for a response. To make the request, please click "Do Not Sell My
Personal Information" .
11. Notice to Individuals in the European
Economic Area, the United Kingdom and Switzerland
This section only applies to individuals
using or accessing our Service while located in the European Economic Area, the
United Kingdom, or Switzerland (collectively, the “European Countries”) at the
time of data collection. Pursuant to the EU’s General Data Protection
Regulation (GDPR), personal information is referred to as personal data. For
the sake of clarity references to personal information in this Policy concerns
personal data in the sense of the GDPR.
We may ask you to identify which country
you are located in when you use or access some of the Services, or we may rely
on your IP address to identify which country you are located in. When we rely
on your IP address, we cannot apply the terms of this section to any individual
that masks or otherwise hides their location information from us so as not to
appear located in European Countries. If any terms in this section conflict
with other terms contained in this Policy, the terms in this section shall
apply to individuals in a European Country.
Our Relationship to You. Your personal
information is collected and processed by ZOETOP Business Co., Limited,
Incorporated in HongKong, which is operating the website and the sale of BURPRISED
brand products. In other words, ZOETOP Business Co., Limited is the Controller
of the data. This means that we are responsible for processing and protecting
your personal data.
Legal Bases for Processing Your Personal
Information. We rely on the following legal bases under the GDPR in processing
your personal information.
Our legal basis to process personal
information for the following sections of this Privacy Policy is your consent.
Section 2 In relation to mobile Advertising
and third-party advertising and analytics cookies, that collect your personal
information, as described in that Section.
Section 4(D) Third Party Advertisers
Section 4(F) Consent
Our legal basis to process personal
information for the following sections of this Privacy Policy is to provide our
Services to you. Our processing is based on our contract obligations or to take
steps at the request of the individual prior to entering into a contract.
Section 3(A) To Provide You Our Services
Section 3(C) To Provide You with
Service-Related Communications
Section 3(D) To Provide Customer Support or
Respond to You
Section 4(A) Within Our Corporate
Organization
Section 4(B) Third Parties
Section 4(E) Co-Branded Services or
Features
Our legal basis to process personal
information for the following sections of this Privacy Policy is our legitimate
interest to better understand you, to maintain and improve the accuracy of the
information we store about you, and to better promote or optimize our Services.
Section 3(B) For Internal Use
Our legal basis to process personal
information for the following sections of this Privacy Policy is to comply with
our legal obligations, or your vital interest.
Section 3(E) To Ensure the Security of the
Services
Section 3(F) To Enforce Compliance with Our
Terms and Agreements or Policies
Section 3(G) To Maintain Legal and
Regulatory Compliance
Section 4(C) To Maintain Legal and
Regulatory Compliance
Marketing. We will only contact you if you
are located in a European Country by electronic means (including email or SMS)
based on our legitimate interests, as permitted by applicable law or your consent.
If you do not want us to use your Personal Information in this way, please
click the unsubscribe link at the bottom of any of our email messages to you or
contact us at cs@burprised.com You can object to direct marketing at any time
and free of charge.
Individual Rights. We provide you with the
rights described below when you use our Services. We may limit your individual
rights requests: (a) where denial of access is required or authorized by law;
(b) when granting access would have a negative impact on other’s privacy; (c)
to protect our rights and properties; or (d) where the request is frivolous or
unrealistic. If you would like to exercise your rights under applicable law,
please contact us at cs@burprised.com .
You can request access or deletion of your
personal information, subject to certain exceptions.
You can correct or update your personal
information, object to processing of your personal information, ask us to
restrict processing your personal information or request portability of your
personal information.
If we collected and processed your personal
information with your consent, then you can withdraw your consent at any time.
Withdrawing your consent will not affect the lawfulness of the processing we
conducted prior to your withdrawal, nor will it affect processing of your
personal information conducted in reliance on lawful processing grounds other
than consent.
You have the right to complain to a data
protection authority about our collection and use of your personal information.
If you believe we have infringed or
violated your privacy rights, please contact us at cs@burprised.com so that
we may resolve your dispute directly.
Transfer of Your Personal Information. When
you access or use our Services, your personal information may be processed or
transferred outside the EEA, including to the United States, China and/or
Singapore. Such countries or jurisdictions may have data protection laws that
are less protective than the laws of the jurisdiction in which you reside. For
these transfers we rely on appropriate safeguards as permitted under the GDPR
such as Standard Contractual Clauses, and/or we transfer the personal
information pursuant to Article 49 (1) (b) GDPR to provide our Services
pursuant to the Terms & Conditions. If you do not want your information
transferred to, processed, or maintained outside of the country or jurisdiction
where you are located, you should immediately stop accessing or using the
Services. For further details about these transfers and the safeguards that we
use to facilitate such transfers, contact us at cs@burprised.com .
12. Contact Us
If you have questions or concerns regarding
any information in this Privacy Policy, please contact us by email at data@burprised.com
. You can also contact us via our customer service Platform at our Site.