Privacy Policy

PRIVACY POLICY

Last updated: August 21, 2024

This Privacy Policy describes how NIKAPA EE (the "Site", "we", "us", or "our") collects, uses, and discloses your personal data when you visit, use our services, or make purchases from evilio.myshopify.com (the "Site") or communicate with us regarding the Site (collectively, the "Services"). For the purposes of this Privacy Policy, "you" and "your" means you as a user of the Services, whether you are a customer, a visitor to the site, or another individual whose data we have collected in accordance with this Privacy Policy.

Please read this Privacy Policy carefully.

Changes to the Privacy Policy

We may update this Privacy Policy from time to time, including to reflect changes in our practices or for other operational, legal or regulatory reasons. We will post the revised Privacy Policy on the Site, update the "Last Updated" date, and take any other steps required by applicable law.

How We Collect and Use Your Personal Data

To provide the Services, we collect personal data about you from various sources, as set out below. The information we collect and use varies depending on how you interact with us.

In addition to the specific uses set forth below, we may use information we collect about you to communicate with you, provide or improve the Services, comply with any applicable legal obligations, enforce any applicable terms of use, and protect or defend the Services, our rights, and the rights of our users or others.

What Personal Data Do We Collect?

The types of personal data we collect about you depend on how you interact with our Site and Services. When we use the term "personal data", we refer to information that identifies, relates to, describes, or can be associated with you. The following sections describe the categories and specific types of personal data we collect.

Information We Collect Directly from You

Information you submit directly to us through our Services may include:

  • Contact information such as your name, address, telephone number and email.
  • Order information such as your name, billing address, shipping address, payment confirmation, email, and phone number.
  • Account information such as your username, password, security questions, and other information used for account security purposes.
  • Customer support information such as information you choose to include in communications with us, for example, when you send a message through the Services.

Certain features of the Services may require you to provide us directly with certain information about yourself. You may choose not to provide this information, but doing so may prevent you from using or accessing those features.

Information We Collect for Your Use

We may also automatically collect certain information about your interaction with the Services (" Usage Data "). To do this, we may use cookies, pixels and similar technologies (" Cookies "). Usage Data may include information about how you access and use our Site and your account, including information about your device, information about your browser, information about your network connection, your IP address and other information about your interaction with the Services.

Information We Receive from Third Parties

Finally, we may receive information about you from third parties, including suppliers and service providers who may collect information on our behalf, such as:

  • Companies that support our Site and Services, such as Shopify.
  • Our payment processors, who collect payment information (e.g., bank account, credit or debit card, billing address) to process your payment in order to fulfill your orders and provide you with products or services you have requested, in order to perform our contract with you.
  • When you visit our Website, open or click on emails we send you, or interact with our Services or advertisements, we or third parties with whom we work may automatically collect certain information using online tracking technologies, such as pixels, web beacons, software development kits, third-party libraries, and cookies.

Any information we receive from third parties will be treated in accordance with this Privacy Policy. See also the section below, Third Party Websites and Links.

How We Use Your Personal Data

  • Provision of Products and Services. We use your personal data to provide you with the Services in order to perform our contract with you, including to process your payments, fulfill your orders, send notifications related to your account, your purchases, returns, exchanges or other transactions, create, maintain and manage your account, arrange shipping, facilitate any returns and exchanges and other features and functions related to your account.
  • Marketing and Advertising. We may use your personal data for marketing and promotional purposes, such as to send you marketing, advertising and promotional communications by email, text message or post, and to show you advertisements for products or services. This may include using your personal data to better tailor the Services and advertising on our Website and other websites. If you are a resident of the EEA, the legal basis for these data processing activities is our legitimate interest in selling our products, in accordance with Article 6(1)(f) GDPR.
  • Security and Fraud Prevention. We use your personal data to detect, investigate or take action regarding potentially fraudulent, illegal or malicious activities. If you choose to use the Services and register for an account, you are responsible for the security of your account credentials. We strongly recommend that you do not share your username, password or other access details with anyone else. If you believe that your account has been compromised, please contact us immediately. If you are a resident of the EEA, the legal basis for these data processing activities is our legitimate interest in keeping our website safe for you and other customers, in accordance with Article 6(1)(f) GDPR.
  • Communicating with You and Improving the Services. We use your personal data to provide you with customer support and to improve our Services. This is in our legitimate interest to be responsive to you, to provide effective services to you and to maintain our business relationship with you in accordance with Article 6 (1) (f) GDPR.

Cookies

Like many websites, we use Cookies on our Site. For specific information about the Cookies we use in connection with our Shopify store, see https://www.shopify.com/legal/cookies . We use Cookies to support and improve our Site and Services (including to remember your actions and preferences), to perform analytics, and to better understand how users interact with the Services (in our legitimate interest to manage, improve, and optimize the Services). We may also allow third parties and service providers to use Cookies on our Site to better tailor services, products, and advertising on our Site and other websites.

Most browsers automatically accept Cookies by default, but you can choose to set your browser to remove or reject Cookies through your browser settings. Please note that removing or blocking Cookies may negatively impact your user experience and may cause some of the Services, including certain features and general functionality, to not function properly or to no longer be available. In addition, blocking Cookies may not completely prevent the way we share information with third parties, such as advertising partners.

How We Disclose Personal Data

In some cases, we may disclose your personal data to third parties for contract performance, legitimate interests and other reasons in accordance with this Privacy Policy. Such cases may include:

  • With suppliers or other third parties who provide services on our behalf (e.g., IT management, payment processing, data analysis, customer support, cloud storage, order fulfillment, and shipping).
  • With business and advertising partners to provide services and advertise to you. Our business and advertising partners will use your information in accordance with their own privacy policies.
  • When you instruct us, request us, or give us your consent to disclose certain information to third parties, such as to ship you products or through your use of social media widgets or login integrations, with your consent.
  • With our subsidiaries or otherwise within our corporate group, it is in our legitimate interest to maintain a successful business.
  • In connection with a business transaction, such as a merger or bankruptcy, to comply with any applicable legal obligations (including to respond to subpoenas, search warrants and similar requests), to enforce any applicable terms of use and to protect or defend the Services, our rights and the rights of our users or others.

We disclose the following categories of personal data and sensitive personal data for the purposes set out above in the "How We Collect and Use Your Personal Data" and "How We Disclose Personal Data" sections:

Category Recipient Categories
  • Identifiers such as basic contact information and certain order and account information
  • Commercial information such as order information, purchase information, and customer support information
  • Activity on the Internet or other similar networks, such as Usage Data
  • Geolocation data such as locations determined through IP address or other technical measures
  • Suppliers and third parties who provide services on our behalf (such as internet service providers, payment processors, fulfillment partners, customer support partners, and data analytics providers)
  • Business and advertising partners
  • Subsidiaries

We do not use or disclose sensitive personal data without your consent or for the purposes of drawing conclusions about your characteristics.

Third Party Websites and Links

Our Site may provide links to websites or other online platforms operated by third parties. If you follow links to websites that are not owned or controlled by us, you should review their privacy and security policies and other terms and conditions. We do not guarantee and are not responsible for the privacy or security of these websites, including the accuracy, completeness or reliability of the information found on these websites. Information you provide in public or semi-public areas, including information you share on third-party social networking platforms, may also be visible to other users of the Services and/or users of these third-party platforms without limitation to their use by us or third parties. The inclusion of these links does not, by itself, imply any endorsement of the content of these platforms or their owners or operators, unless otherwise stated in the Services.

Children's Data

The Services are not intended for use by children and we do not knowingly collect personal data from children. If you are the parent or guardian of a child who has provided us with personal data, you may contact us using the contact information listed below to request deletion of that data.

As of the Effective Date of this Privacy Policy, we have no actual knowledge that we "share" or "sell" (as those terms are defined in applicable law) personal data of individuals under the age of 16.

Security and Preservation of Your Information

Please note that no security measure is perfect or impenetrable, and we cannot guarantee "perfect security." In addition, any information you send to us may not be secure during transmission. We recommend that you do not use unsecured channels to communicate sensitive or confidential information with us.

How long we retain your personal data depends on various factors, such as whether we need the information to maintain your account, provide the Services, comply with legal obligations, resolve disputes, or enforce other applicable contracts and policies.

Your Rights

Depending on where you live, you may have some or all of the rights listed below in relation to your personal data. However, these rights are not absolute, may only apply in certain circumstances, and in some cases, we may deny your request as permitted by law.

  • Right of Access/Knowledge : You may have the right to request access to personal data we hold about you, including details about how we use and share your information.
  • Right to Erasure : You may have the right to request the erasure of personal data we hold about you.
  • Right to Rectification : You may have the right to request the correction of inaccurate personal data we hold about you.
  • Right to Portability : You may have the right to receive a copy of the personal data we hold about you and to request that we transfer it to a third party, in certain circumstances and with certain exceptions.
  • Restriction of Processing : You may have the right to ask us to stop or restrict the processing of personal data.
  • Withdrawing Consent : Where we rely on consent to process your personal data, you may have the right to withdraw that consent.
  • Appeal : You may have the right to appeal our decision if we deny your request. You can do this by responding directly to our denial.
  • Manage Communication Preferences : We may send you promotional emails, and you can opt out of receiving these at any time by using the unsubscribe option provided in our emails. If you opt out, we may continue to send you non-promotional emails, such as those regarding your account or orders you have placed.

You can exercise any of these rights where indicated on our Website or by contacting us using the contact details provided below.

We will not discriminate against you for exercising any of these rights. We may need to collect information from you to verify your identity, such as your email or account information, before we can meaningfully respond to your request. Subject to applicable law, you may designate an authorized representative to submit requests on your behalf to exercise your rights. Before we accept such a request from a representative, we will require the representative to provide proof that you have authorized them to act on your behalf and you may be required to verify your identity directly with us. We will respond to your request in a timely manner as required by applicable law.

Complaints

If you have any complaints about the way we process your personal data, please contact us using the contact details provided below. If you are not satisfied with our response to your complaint, depending on where you reside, you may have the right to appeal our decision by contacting us using the contact details provided below, or to lodge a complaint with your local data protection authority. For the EEA, you can find a list of the competent data protection authorities here .

International Users

Please note that we may transfer, store and process your personal data outside of the country in which you reside. Your personal data is also processed by staff and third party service providers and partners in these countries.

If we transfer your personal data outside of Europe, we will rely on recognised transfer mechanisms, such as the European Commission's Standard Contractual Clauses, or any equivalent contracts issued by the competent authority of the United Kingdom, as applicable, unless the data transfer is to a country that has been deemed to provide an adequate level of protection.

Communication

If you have any questions about our privacy practices or this Privacy Policy, or if you would like to exercise any of the rights available to you, please call or email info@evilio.com.

For the purposes of applicable data protection laws and unless expressly stated otherwise, we are the controller of your personal data.