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This is the page where we keep all our legal info for you to read when you can't sleep at night and you aren't out partying!

CANDYPANTS.COM TERMS OF SERVICE

OVERVIEW

This website is operated by Esege Limited t/a Candypants.com Throughout the site, the terms “we”, “us” and “our” refer to Esege Limited t/a Candypants.com. Esege Limited t/a Candypants.com offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 7a - KLARNA

In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment options. Payment is to be made to Klarna:

  • Pay later.

Further information and Klarna’s user terms you can find here. General information on Klarna you can find here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarna's privacy statement.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Esege Limited, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Esege Limited and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof)

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Rutland House 42 Call Lane, Leeds, LS1 6DT, United Kingdom.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at hello@candypants.com.

 

PRIVACY STATEMENT

SECTION 1 - WHAT DO WE DO WITH YOUR INFORMATION?

When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.
When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.

SECTION 2 - CONSENT

How do you get my consent?
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.

How do I withdraw my consent?
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at hello@candypants.com or mailing us at:
Candypants.com Rutland House 42 Call Lane Leeds  GB LS1 6DT

SECTION 3 - DISCLOSURE
We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.

SECTION 4 - SHOPIFY
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.

Payment:
If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
For more insight, you may also want to read Shopify’s Terms of Service (https://www.shopify.com/legal/terms) or Privacy Statement (https://www.shopify.com/legal/privacy).

In order to be able to offer you Klarna’s payment options, we will pass to Klarna certain of your personal information, such as contact and order details, in order for Klarna to assess whether you qualify for their payment options and to tailor the payment options for you.General information on Klarna you can find here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarna’s privacy policy.



SECTION 5 - THIRD-PARTY SERVICES
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.

We use a third party, SUBSCRIPTION INC LIMITED, to help us manage and send out communications. It is in our legitimate interest to provide you with information in relation to relevant services which you may be able to take advantage of. You are able to withdraw your consent at any time by contacting us at hello@candypants.com or mailing us at: Candypants.com Rutland House 42 Call Lane Leeds  GB LS1 6DT

Links
When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
Google analytics:
Our store uses Google Analytics to help us learn about who visits our site and what pages are being looked at

SECTION 6 - SECURITY
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption.  Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.

SECTION 7 - COOKIES
 Here is a list of cookies that we use. We’ve listed them here so you that you can choose if you want to opt-out of cookies or not.
 _session_id, unique token, sessional, Allows Shopify to store information about your session (referrer, landing page, etc).
 _shopify_visit, no data held, Persistent for 30 minutes from the last visit, Used by our website provider’s internal stats tracker to record the number of visits
 _shopify_uniq, no data held, expires midnight (relative to the visitor) of the next day, Counts the number of visits to a store by a single customer.
cart, unique token, persistent for 2 weeks, Stores information about the contents of your cart.
 _secure_session_id, unique token, sessional
 storefront_digest, unique token, indefinite If the shop has a password, this is used to determine if the current visitor has access.
 PREF, persistent for a very short period, Set by Google and tracks who visits the store and from where

SECTION 8 - AGE OF CONSENT
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

SECTION 9 - CHANGES TO THIS PRIVACY POLICY
We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.
If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.

QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at hello@candypants.com or by mail at:

Candypants.com
Privacy Compliance Officer
Rutland House 42 Call Lane Leeds  GB LS1 6DT

 

 

PRIVACY Policy

We are committed to protecting and respecting your privacy.

This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By visiting www.candypants.com you are accepting and consenting to the practices described in this policy.

For simplicity, throughout this notice “we” and “us” mean Esege Limited t/a Delta Connex (Company number 07528380) of Rutland House 42 Call Lane Leeds  GB LS1 6DT Under the relevant Data Protection Laws (including the ED General Data Protection Regulation), we are the data controller of the data you give to us.

  1. What Personal Data we collect from you

We collect and process the following data about you:

  • When you shop with us in a popup, we process your payment card information;
  • When you make an online purchase we collect and process transaction-based data which may include your payment card information, billing/delivery address, orders and receipts, email and telephone number. We may also collect technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, for the purposes of fraud screening.
  • When you create an online account with us we collect and process the information you provide including (where provided by you) your name, gender, date of birth, billing/delivery address, email and telephone number.  For your security, we’ll also keep an encrypted record of your login password.
  • When you shop with us, we may collect and process details of your transaction history and shopping preferences including details of purchases you made, items viewed or added to your basket, voucher redemptions, brands you show interest in and web pages you visit.
  • When you engage with us on social media.
  • When you contact us by any means with queries, complaints etc.
  • When you enter prize draws or competitions.
  • When you choose to complete any surveys we send you. 
  • When you comment on or review our products and services.
  • When you’ve given a third party permission to share with us the information they hold about you.
  1. How we collect Personal Data

We collect personal data from you by the following means:

  • Information you give us. You may give us information about you by: entering into transactions, opening an account on our site www.candypants.com (our site), or by corresponding with us by phone, e-mail or otherwise. This includes information you provide when:
    • You purchase goods in a popup or online;
    • Register an online account on www.candypants.com
    • Search for a product;
    • Participate in discussion boards or other social media functions;
    • Enter a competition, promotion or survey; and
    • When you report a problem with our site.

The information you give us may include your name, address, e-mail address and phone number, debit or credit card information, personal description and photograph.

  • With regard to each of your visits to our website we may automatically collect the following information:
    • Technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
    • Information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.
  • Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site. For detailed information on the cookies we use and the purposes for which we use them see our Cookie Policy
  • We are also working closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers and search information providers) and may receive information about you from them.
  1. How we use your personal data

We may collect and process your personal data for a number of reasons including:

  • Consent

Where we have collected data with your consent, we will process such data in accordance with the consents that you have provided.  For example:

    • Where you have consented to receive direct marketing from us, we will use your personal data, preferences and details of your transactions to keep you informed about relevant products and services including tailored special offers, discounts, promotions, events, competitions and so on.  We shall keep you informed in line with your marketing preferences.  You are free to opt out from any such marketing communications (see section 8 of this policy for further details).
    • Where you provide us with personal data for a specific purpose (such as complaints, claims, online transactions) we will process such personal data for that specific purpose.
    • To administer any of our prize draws or competitions which you enter, based on your consent given at the time of entering.
    • To display the most interesting content to you on our website, we may use data we hold about your favourite brands or products and so on. We do so on the basis of your consent to receive app notifications and/or for our website to place cookies or similar technology on your device.
    • Where you provide us with images of you in relation to a promotion, blog or prize draw and consent to us using such images.

 

  • Contractual Obligations

We may need your personal data to comply with our contractual obligations. For example, we will need to process personal data to deliver goods you have purchased online.

  • Legal Compliance

If required by law, we may need to collect and process your data.  For example, we may need to process personal data to comply with our legal obligations to share data with law enforcement or to comply with an order from the court.

  • Legitimate Interest

We process your data to our legitimate interests in a way which might reasonably be expected as part of running our business and which does not materially impact your rights, freedom or interests.

These legitimate interests include the following:

 

  • Direct Marketing and good customer Service

It is a legitimate of interest of our business to contact our customers for the purposes of direct marketing. 

Subject to their marketing choices, we send customers who have transacted with us personalised communications in relation to new products and ranges and offers by email and we do so on the basis of our legitimate interests. Again, subject to their marketing choices, we also send our customers personal communications in relation to new products, new ranges and offers  by post on the basis of our legitimate interest.

We use the data we have to offer you promotions and products that are likely to be relevant to you.

You can, of course, decide not to receive any direct marketing from us.  Section 8 provides details as to how you can opt out of direct marketing from us or change your marketing preferences.

  • Surveys

From time to time, we may send you requests to take part in a customer survey to improve our products or your shopping experience.  It is entirely optional as to whether you wish to take part in any such survey.  These messages will not include any promotional content and do not require prior consent when sent by email or text message. We have a legitimate interest to do so as this helps make our products more relevant to you.

Of course, where we ask you for personal data to improve your shopping experience, it is always your choice as to whether you give us that information.  If you want to change how we use your data, please see the details in the section 8 of this policy.

  • Process orders

We will need to collect and process data in order to process any orders online.  If we don’t collect your personal data during checkout, we won’t be able to process your order and comply with our legal obligations. 

We may share personal data with Business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you. For example, your details will need to be passed to a third party to deliver product ordered online.

If you are looking to pay by debit or credit card online we will need to process your payment card data in order to complete the transaction. We process card payments in accordance with the Payment Card Industry Data Security standards. 

Following a transaction, we may keep your details for a reasonable period afterwards in order to fulfil contractual obligations such as refunds.

  • Refunds and complaints

We have to process personal data in order to respond to your queries, refund requests and complaints.

We may also keep a record of your queries, refund requests and complaints for the following purposes:

  • To inform our future communications with you;
  • To review whether there are any patterns regarding the complaints we receive, for example, quality issues with any particular products;
  • To be able to demonstrate how we dealt with your complaint; and
  • To consider how we can improve our services based on your experience.

In such circumstances we will process your personal data in accordance with our contractual and legal obligations with you and our legitimate interest to provide you with good customer service. 

  • Security

We have a legitimate interest to protect our customers, our business and our employees from criminal and illegal activity such as fraud and theft.  Therefore, we may process personal data as follows as part of our legitimate business interest:

  • using your personal data to maintain, update and safeguard your online account.
  • Monitoring your browsing activity with us to identify and resolve any problems and protect the integrity of our websites. This will include checking passwords and using automated monitoring of IP addresses to identify possible fraudulent log-ins.
  • Processing payments and preventing fraudulent transactions.

If we discover any potential criminal activity we will use personal data (such as transaction monitoring, etc.) to investigate the potential criminal activity and, where appropriate, pass the details of such potential criminal activity to the police and other relevant regulatory authorities. For fraud management, we may share information about fraudulent or potentially fraudulent activity in our premises or systems with third parties such as law enforcement bodies and the relevant financial institutions.

We may also be required to disclose your personal data to the police or other enforcement, regulatory or Government body upon a valid request to do so. We assess such requests on a case-by-case basis whilst taking the privacy of our customers into consideration.

  • Updates on law and our policies

We may send you communications required by law or which are necessary to inform you about changes to our business and/or issues regarding our products.  For example, we may contact you by email, post or text regarding updates to this Privacy Notice, product recall notices, and legally required information relating to your orders. These service messages will not include any promotional content and do not require prior consent. If we do not use your personal data for these purposes, we would be unable to comply with our legal obligations.

  1. Sharing Your Data

We may share your personal information with any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006. We may share your information with selected third parties including:

  • Business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you.
  • With your consent, given at the time you supply your personal data, we may pass that data to a third party for their direct marketing purposes.
  • 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.
  • Analytics and search engine providers that assist us in the improvement and optimisation of our site.
  • In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
  • If Esege Limited or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
  • If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our Terms & Conditions and other agreements; or to protect the rights, property, or safety of Esege Limited, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
  • We also work with:
    • Direct marketing companies who help us manage our electronic communications with you;
    • Google/Facebook to show you products that might interest you while you’re browsing the internet. This is based on either your marketing consent or your acceptance of cookies on our websites. Data insight companies to ensure your details are up to date and accurate.  
    • Analytical agencies that provide services that will improve the products and services we offer you.
  • We work closely with the third parties with which we share your data to ensure the that the third parties:
    • Have adequate security measures and policies in place;
    • Will respect and protect your privacy;
    • Only use your data when necessary to perform their specific services in place and will protect your privacy;
    • Will delete your data or anonymise when we have stopped using their services.
  • We will only share data with third parties for their own purposes where you have given your specific consent that we may pass that data to a third party for their direct marketing purposes.
  1. Storing 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 by staff operating outside the EEA who work for one of our suppliers. Such staff may be engaged in, among other things, the fulfilment of your order, 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 and have procedures in place to ensure your data receives the same protection as if it were being processed inside the EEA.

All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Input of personal data is at the user’s discretion. We have strict policies and procedures regarding the storage, processing and transmission of your personal data.

  1. Managing your Personal Data

You have the right to ask us not to process your personal data for marketing purposes. We will inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at Customer Services at hello@candypants.com

Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

In general, you can choose how we communicate with you, but there are certain communications which are necessary for the operation of this site or which we are required to send by law, and you cannot opt out of these.

  1. How long is Personal Data kept.

We will only keep personal data for as long as is necessary for the purpose for which it was collected.

At the end of that retention period, your data will either be deleted completely or anonymised.

When you place an order, we’ll keep the personal data you give us for seven years so we can comply with our legal and contractual obligations.

  1. Your rights

Under the Data Protection Laws you have the following rights.

  • Direct Marketing

When we are sending direct marketing to you on the basis of our legitimate interest, you have the right to decide not to receive any direct marketing from us.

Whenever you have given us your consent to use your personal data, you have the right to change your mind at any time and withdraw that consent.

You have the right to stop the use of your personal data for direct marketing activity through all channels, or selected channels.

You can also exercise these rights and update your preferences at any time by contacting us at Customer Services hello@candypants.com

Please note that you may continue to receive communications for a short period after changing your preferences while our systems are fully updated.

  • Access to personal data

You have the right to access information held about you. Your right of access can be exercised in accordance with the Data Protection Laws and is free of charge in most cases.

If you require access to the information we hold about you, please write to Privacy, Esege Limited, Rutland House 42 Call Lane Leeds  GB LS1 6DT

  • The correction of your personal data when incorrect, out of date or incomplete.

You have the right to request any information we hold is corrected if it is inaccurate. To ask for your information to be amended, please update your online account, or contact our Customer Services team.

  • Legitimate Interests

In general, you can choose how we communicate with you, but there are certain communications which are necessary for the operation of this site or which we are required to send by law, and you cannot opt out of these.

Where we are processing your personal data on the basis of our legitimate interest, you can ask us to stop based on your individual circumstances.  We shall stop any such processing unless we believe that we have a legitimate overriding reason to continue processing your personal data.

  • The right to make a complaint

If you do not consider that your data has been handled correctly by us or you are not happy with our response to any requests you have made regarding our use of your personal data, you have the right to make a complaint to the International Commissioner’s Office.   Their contact number for complaints is 0303 123 1113. 

Further details regarding making a complaint to the Information Commissioner’s Office can be found at https://ico.org.uk/concerns/ (please note that we are not responsible for the content of external websites).

  1. Third party websites

Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

  1. Changes to this policy

Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to our privacy policy.

  1. Contact

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to Customer Services at hello@candypants.com

This notice was last updated on 25/05/2018

 

COOKIES

Information about our use of Cookies

Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site. By continuing to browse the site, you are agreeing to our use of cookies.

A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer's hard drive.

The cookies used on fall into the following categories:

  • Strictly necessary cookies
  • Analytical/performance cookies
  • Functionality cookies
  • Targeting cookies

For more information about cookies see the further reading below.

Strictly Necessary Cookies

These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.

Essential cookies let you move around the website and use essential features, essential cookies remember what is in your basket when you move to check out and record your bank details allowing you to purchase goods online. Essential cookies don't gather any information about you that could be used for marketing or remembering where you've been on the internet.

We use essential cookies to remember information you will have entered when you navigate to different pages in a single web browser session, remember information entered into forms, including promotion codes, remember the goods in your basket when you get to the checkout page, and identify you as being logged in to www.candypants.com Accepting essential cookies is a condition of using www.candypants.com so if you prevent these cookies we can't predict how the website will perform during your visit.

Analytical/Performance Cookies

They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.

Analytical cookies collect information about how you use the website e.g. which pages you visit, and if you experience any errors. These cookies don't collect any information that could identify you – all the information collected is anonymous and is only used to help us improve the functionality of our website, understand what interests our users and measure how effective our advertising is.

We uses analytical cookies to provide statistics on how the website is used, see how effective our adverts and emails are (we don't use this information to target adverts to you when you visit other websites), provide feedback to partners that one of our visitors also visited their website. This can include details of any products bought. This lets our partners improve their websites, but we don't allow our partners to reuse this information for further advertising, help us improve the website by measuring any errors that occur and to test different designs of our website.

In some cases, some of these cookies are managed for us by third parties, but we don't allow the third party to use the cookies for any purpose other than those listed above. Using our site indicates that you accept the use of analytical cookies. Accepting these cookies is a condition of using www.candypants.com, so if you prevent them we cannot guarantee how the website will perform for you.

Functionality Cookies

These are used to recognise you when you return to our website. 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).

We use functionality cookies to remember settings you have applied such as layout, text size, preferences and colours, remember if we have already asked you if you want to fill in a survey, show you when you're logged in to the website and share information with partners to provide a service on our website. The information shared is only to be used to provide the service, product or function and not for any other purpose. Some of these cookies are managed for us by third parties, where this is the case we do not allow the third party to use the cookies for any purpose other than those listed above.

You can control whether or not these cookies are used, but preventing them may mean we are unable to offer you some of our online services and will reduce the support we can offer you. It is also possible that preventing these cookies stops us remembering that you did not want a specific service.

Targeting Cookies

These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.

Targeting cookies are linked to services provided by third parties, such as 'Like' buttons and 'Share' buttons. The third party provides these services in return for recognising that you have visited our website.

We use targeting cookies to link to social networks like Instagram and Facebook, who may subsequently use information about your visit to target advertising to you on other websites, provide advertising agencies with information on your visit so that they can present you with adverts that you may be interested in, provide third parties with information on your visit so they can direct you to Candypants products you may be interested in. You can control whether or not these cookies are used, but preventing them may stop us from offering you some of our online services. Most of these cookies are managed by third parties, and you may use the third parties' own tools to prevent these cookies.

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