Privacy Policy

Effective Date of Current Policy: May 24, 2018

This Privacy Policy is intended to meet requirements globally, including those in North America, Europe, APAC, and other jurisdictions. This Privacy Policy was reviewed and updated in May 2018 to take into account new data protection laws coming into force across the European Union, particularly the General Data Protection Regulation (also known as the GDPR).

We are committed to protecting your privacy and we comply with the GDPR and the UK data protection rules (together with associated guidance) ("Data Protection Laws"). This Privacy Policy describes the information we may collect from you and explains how we use, store and share your personal data and supplements any fair processing notice provided to you.

This website ("the website") is run by Ecstase Limited, dba ADAY (company no. 09096791, registered in England and Wales) ("we" and "us"), its subsidiaries and affiliates. This Privacy Policy does not apply to any third-party websites, services or applications, even if they are accessible through our Services. Any changes to this Privacy Policy in the future will be posted on this page, and where appropriate, notified to you by email. Please check back to see any updates or changes to this Privacy Policy.

THE INFORMATION WE COLLECT & HOW WE USE IT

Our primary goals in collecting information are to provide and improve our Services, to administer your use of the Services (including your Account, if you are an Account holder), and to enable you to enjoy and easily navigate our Services. The types of Personal Information we may collect (directly from you or from Third-Party sources) and our privacy practices depend on the nature of the relationship you have with ADAY and the requirements of applicable law.

Some of the ways that ADAY may collect Personal Information include:

  • You may provide Personal Information directly to ADAY through interacting with the Services, making online or in-store purchases, participating in surveys, during events such as sweepstakes, and requesting Services or information.
  • As you navigate the Services, certain passive information may also be collected about your visit, including through cookies and similar technologies as described below. We endeavor to collect only that information which is relevant for the purposes of Processing.

After you have registered your email address, you can also log into your account via the website and amend your communication preferences and amend your personal preferences. You can amend your preferences or opt out from marketing communications by using the unsubscribe links within our marketing communications, or updating your preferences within your account on the website; sending an email to hello@thisisaday.com.

We have a legitimate interest in processing your personal data as:

  • We need the information to respond to your inquiries
  • We need the information to send you information; and
  • We would be unable to provide our services without processing your information.

We consider that it is reasonable for us to process your personal data for the purposes of our legitimate interests outlined above as (a) we process your personal data only so far as is necessary for such purpose and (b) it can be reasonably expected for us to process your personal data in this way. In most cases the information is being processed for your benefit as well as ours.

Below you will be able to see exactly how we use the information we collect:

Personal Details

We use your contact details and payment information, including, but not limited to your name, postal address, email address, phone number, date of birth and any other information collected on registration or on ordering.

We use your personal details to:

  • Fulfill the contract for goods and/or services between us and deal with orders, complaints and inquiries
  • Send you an electronic version of your receipt as an email
  • Send you marketing communications where you have been given the opportunity to say no
  • Keep you up to date on the latest offers and promotions as well as new collections/ collaborationsAcknowledge and review job applications, carry out interviews and keep records and notes of interviews and other correspondence relating to your job application. If your job application is successful, this information will be transferred to your personnel file and processed in line with our Employee Privacy Policy.

We share this information with:

  • Delivery providers and couriers, appointed third party agencies that collate and use this data to create a personalized service for you on our behalf
  • Third party service providers.

Browsing Information

We use your browsing information, including but not limited to your device (mobile, tablet, desktop), including location and your IP address.

We use your browsing information to:

  • Learn about your preferences and to help us manage your account, so we can improve our online experience so that you can have the best shopping experience, which is personalized to you.

We share this information with: - Third party agencies (for example, Google Adwords) appointed by us that collate and use this data to create a personalized service for you on our behalf and provide us with information about the users/foot traffic to our website.

We use your information to send you marketing communications

We can send you marketing communications if one of the following applies:

  • You have negotiated a sale with us (i.e. sent us an inquiry or put something in your basket, but not completed the purchase)
  • You have bought something from us
  • You have ticked an opt-in box or taken a similar positive action (for example ticking a box on registering an account) to say you want to hear from us.

In each case you will be able to unsubscribe from marketing communications and we will give you this opportunity every time we send you a marketing communication. For example, if you wish to unsubscribe from our emails you can do so at any time, by clicking “unsubscribe” within our newsletters/ emails.

We can also send you marketing communications through the post. We will continue to send you marketing communications by post, unless you object by emailing us at hello@thisisaday.com.

We also implement safeguards to ensure customers who have opted out of receiving such communications don't receive them.

We will never share your personal information for marketing without your express consent.

 

We use photographic images and other information (for example, name and address) for marketing or promotional materials

To the extent we use images of you for marketing or promotional materials, we will ask you to provide your consent and an image rights clearance, which you can always refuse.

When we take photographs of groups at events, we are doing so for our legitimate business interest of using the images for marketing and promotional materials to promote our business. It is within your reasonable expectations that in attending a PR event, photographs will be taken and images used in this way.

Images may be published on the website, social media sites, marketing and promotional materials

SMS/MMS MOBILE MESSAGING MARKETING PROGRAM

We respect your privacy. We will only use information you provide through the Program to transmit your mobile messages and respond to you, if necessary. This includes, but is not limited to, sharing information with platform providers, phone companies, and other vendors who assist us in the delivery of mobile messages.  WE DO NOT SELL, RENT, LOAN, TRADE, LEASE, OR OTHERWISE TRANSFER FOR PROFIT ANY PHONE NUMBERS OR CUSTOMER INFORMATION COLLECTED THROUGH THE PROGRAM TO ANY THIRD PARTY. Nonetheless, We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect Our rights or property. When you complete forms online or otherwise provide Us information in connection with the Program, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If, in Our sole discretion, We believe that any such information is untrue, inaccurate, or incomplete, or you have opted into the Program for an ulterior purpose, We may refuse you access to the Program and pursue any appropriate legal remedies.

California Civil Code Section 1798.83 permits Users of the Program that are California residents to request certain information regarding our disclosure of the information you provide through the Program to third parties for their direct marketing purposes.  To make such a request, please contact us at the following address:

ADAY

264 Canal St #4W, New York, NY 10013

hello@thisisaday.com

This Privacy Policy is strictly limited to the Program and has no effect on any other privacy policy(ies) that may govern the relationship between you and Us in other contexts.

INFORMATION SECURITY

ADAY has put in place various security measures in accordance with up-to-date industry procedures as set out in this Privacy Policy to keep personal data as safe and secure as possible and to protect from unauthorised or unlawful processing and accidental loss, destruction or damage. However the Internet and email are not secure. Your communications may route through a number of countries before being delivered, may be intercepted by third parties and may not always reach the intended recipient – this is the nature of the World Wide Web/Internet. We cannot accept responsibility for any such unauthorised access or loss of personal information that is beyond our control.

We may transfer personal information to countries other than the country in which the data was originally collected in order to provide you with the services you have requested. These countries may not have the same data protection laws as the country in which you initially provided the information and may not provide the same level of protection.

We have in place appropriate policies, rules and technical and organisational measures to protect your personal information from unauthorised or unlawful processing, and against accidental loss, destruction of or damage to personal information.

You are responsible for protecting your password and username and must not share it with, or disclose it, to anyone.

TO WHOM YOUR INFORMATION WILL BE DISCLOSED

Your information may, for the purposes set out in this Privacy Policy, be disclosed to the third parties set out above.

We, as well as Third Parties that provide content, advertising, or other functionality on our Services, may use cookies, pixel tags, local storage, and other technologies (“Technologies”) to automatically collect information through the Services. We use Technologies that are essentially small data files placed on your computer, tablet, mobile phone, or other devices (referred to collectively as a "device") that allow us to record certain pieces of information whenever you visit or interact with our sites, services, applications, messaging, and tools, and to recognize you across devices.

  • Cookies. Cookies are small text files placed in visitors’ computer browsers to store their preferences. Most browsers allow you to block and delete cookies. However, if you do that, the Site may not work properly.
  • Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded on the Site that collects information about users’ engagement on that web page. The use of a pixel allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement.
  • Social Media Widgets. Our Website includes social media features such as the Facebook “Like” button and LinkedIn (that might include widgets such as the share this button or other interactive mini-programs). These features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly. These social media features are either hosted by a Third Party or hosted directly on our Website. Your interactions with these features are governed by the privacy policy of the company providing it.
  • Analytics. We use Google Analytics, a service provided by Google, Inc. (“Google”), to gather information about how users engage with our Services. For more information about Google Analytics, please visit policies.google.com/technologies/partner-sites. You can opt out of Google’s collection and processing of data generated by your use of the Services by going to tools.google.com/dlpage/gaoptout.

Our uses of such Technologies fall into the following general categories:

  • Operationally Necessary. We may use cookies, web beacons, or other similar technologies that are necessary to the operation of our sites, services, applications, and tools. This includes technologies that allow you access to our sites, services, applications, and tools; that are required to identify irregular site behavior, prevent fraudulent activity and improve security; or that allow you to make use of our functions such as shopping-carts, saved search, or similar functions;
  • Performance Related. We may use cookies, web beacons, or other similar technologies to assess the performance of our websites, applications, services, and tools, including as part of our analytic practices to help us understand how our visitors use our websites, determine if you have interacted with our messaging, determine whether you have viewed an item or link, or to improve our website content, applications, services, or tools;
  • Functionality Related. We may use cookies, web beacons, or other similar technologies that allow us to offer you enhanced functionality when accessing or using our sites, services, applications, or tools. This may include identifying you when you sign into our sites or keeping track of your specified preferences, interests, or past items viewed so that we may enhance the presentation of content on our sites;
  • Advertising Related. We may use first-party or third-party cookies and web beacons to deliver content, including ads relevant to your interests, on our sites or on third party sites. This includes using technologies to understand the usefulness to you of the advertisements and content that has been delivered to you, such as whether you have clicked on an advertisement.

If you would like to opt out of the Technologies we employ on our sites, services, applications, or tools, you may do so by blocking, deleting, or disabling them as your browser or device permits.

We will only disclose your information to:

  • Business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you
  • Our professional advisors (including without limitation tax, legal or other corporate advisors who provide professional services)
  • Third party suppliers for business administration, payment or IT purposes, including software development kits
  • Affiliates and selected third parties, where you have expressly opted-out of receiving marketing from us / third parties, in which case we may share suppression lists with our affiliates and selected third parties, to ensure you do not receive unsolicited marketing
  • Analytics or search engines, including Google that enable us to optimise and improve your website experience, as well as selected third parties
  • Our regulators, law enforcement or fraud prevention agencies, as well as our legal advisers, courts, and any other authorised bodies, for the purposes of investigating any actual or suspected criminal activity or other regulatory or legal matters etc

We will disclose your personal information to third parties:

  • In the event of merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of company assets, or transition of service to another provider, in which case we will disclose your personal data to any prospective sellers or buyers of such business or assets
  • If we, or substantially all of our assets, are acquired by a third party, in which case personal data held by us about our customers will be one of the transferred assets
  • In order to enforce or apply our website terms of use
  • To protect the rights, property, or safety of us, our staff, our customers, or others. This includes exchanging information with other companies and organisations (including without limitation the local police or other local law enforcement agencies) for the purposes of staff and customer safety, crime prevention, fraud protection and credit risk reduction; and
  • If we are under a duty to disclose or share your personal data in order to comply with any legal obligation or regulatory requirements, or otherwise for the prevention or detection of fraud or crime.

HOW LONG WE KEEP YOUR DATA

We will typically keep your personal data for seven (7) years from (a) the closure of your account with us, or (b) your last purchase in order to enable us to deal with any issues or concerns you may have about how we handled your account/ order, and also to allow us to bring or defend legal proceedings.

YOUR RIGHTS

You have a number of rights under Data Protection Laws in relation to the way we process your personal data. These are set out below. You may contact us using hello@thisisaday.com. We will respond to any request received from you promptly and in compliance with Data Protection Laws.

  1. A right to access personal data held by us about you

  2. A right to require us to rectify any inaccurate personal data held by us about you

  3. A right to require us to erase personal data held by us about you. This right will only apply where (for example): we no longer need to use the personal data to achieve the purpose we collected it for; or where you withdraw your consent if we are using your personal data based on your consent; or where you object to the way we process your data (in line with Right 6 below)

  4. In certain circumstances, a right to restrict our processing of personal data held by us about you. This right will only apply where (for example): you dispute the accuracy of the personal data held by us; or where you would have the right to require us to erase the personal data but would prefer that our processing is restricted instead; or where we no longer need to use the personal data to achieve the purpose we collected it for, but you require the data for the purposes of dealing with legal claims

  5. In certain circumstances, a right to receive personal data, which you have provided to us, in a structured, commonly used and machine readable format. You also have the right to require us to transfer this personal data to another organisation, at your request

  6. A right to object to our processing of personal data held by us about you where the processing of such data is necessary for the purposes of our legitimate interests, unless we are able to demonstrate, on balance, legitimate grounds for continuing to process personal data which override your rights or which are for the establishment, exercise or defence of legal claims

  7. A right for you not to be subject to a decision based solely on an automated process, including profiling, which produces legal effects concerning you or similarly significantly affect you

  8. A right to withdraw your consent, where we are relying on it to use your personal data (for example, to provide you with marketing information about our services or products).

We encourage you to contact us first if you have any queries, comments or concerns about the way we handle your data. However, if you are not satisfied with our handling of any request by you in relation to your rights or concerns, you also have the right to make a complaint to our lead supervisory authority, which is the UK's Information Commissioner's Office. Their address is: First Contact Team, Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, SK9 5AF

FURTHER INFORMATION

For further information from us on data protection and privacy or any requests concerning your personal information please email us on hello@thisisaday.com.

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