ACCEPTABLE USE POLICY

INTRODUCTION

Thank you for visiting our website (www.domakaya.com) (our site). This is our Acceptable Use Policy and by using our site, this policy applies to you and you agree with it as part of our Website Terms and Conditions. The terms in our Acceptable Use Policy may change, so we advise you to check this page because when you use our site, you are bound by it.

ABOUT US

This site is run and maintained by Domakaya (“us”), a partnership registered in England and Wales, whose registered office is 37 Perrymead Street London SW6 3SN. Our email address is info@domakaya.com.

USE OF OUR SITE

You agree not to use this site for any of the following purposes:

• to break any laws or regulations;

• to do anything fraudulent, or which has a fraudulent effect;

• to harm or attempt to harm minors;

• to do anything with material that does not meet our content standards (these are listed below);

• to copy in any way, or re-sell, any part of our site;

• to interfere with or damage any part of our site, equipment, network, software or storage arrangements;

• for unsolicited advertising material (known as spam); or

• to transmit any data or material that is harmful to other programs, software, or hardware.

CONTENT STANDARDS

Our content standards apply to all material that you contribute either to our app or our interactive services.

Your contributions must be accurate (if they are factual), genuine (if they state opinions) and within the law.

Your contributions must not be defamatory, obscene or offensive, likely to deceive, harass, annoy, threaten, or invade someone else's privacy. Your contributions must not promote material that is sexually explicit, promote violence or discrimination based on race, sex, religion, nationality, age, disability, or sexual orientation, infringe anyone else's intellectual property, be used to impersonate anyone, or misrepresent anyone's identity or encourage or assist anything that breaks the law.

NOTICE FOR PARENTS

Our services are not intended for the use of minors under the age of 16. However, if you allow a child to use any of our interactive services, this will be subject to parental consent. If you permit your child to use the service, we advise you to explain the risks as moderation is not always effective. Please contact us if you have a concern about moderation.

SUSPENSION AND TERMINATION

If we believe you are in breach of our Acceptable Use Policy, we will take whatever steps we think are necessary to address this, including stopping your use of the app temporarily or permanently, removing material you have put on the app or any of our social media groups, sending you a formal warning, taking legal action and/or telling the relevant authorities.

We will not be held liable for any of your costs arising from any actions we take to deal with any breach of this policy.

COOKIES POLICY

WHAT ARE COOKIES?

A cookie is a small text file that a website saves on your computer or mobile device when you visit the site. It enables the website to remember your actions and preferences (such as login, language, font size and other display preferences) over a period of time, so you don't have to keep re-entering them whenever you come back to the site or browse from one page to another.

HOW DO WE USE 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.

We use the following cookies:

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.

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 your name and remember your preferences (for example, your choice of language or region).

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 information collected via cookies with third parties for this purpose.

Enabling these cookies is not strictly necessary for the website to work but it will provide you with a better browsing experience. You can delete or block these cookies, but if you do that, some features of this site may not work as intended.

The cookie-related information is not used to identify you personally and the pattern data is fully under our control. These cookies are not used for any purpose other than those described here.

DO WE USE OTHER COOKIES?

Some of our pages or sub-sites may use additional or different cookies to the ones described above. If so, the details of these will be provided in their specific cookies notice page. You may be asked for your agreement to store these cookies.

HOW TO CONTROL COOKIES

You can control and/or delete cookies as you wish - for details, see aboutcookies.org. You can delete all cookies that are already on your computer and you can set most browsers to prevent them from being placed. If you do not accept our use of cookies, you may not be able to use our service to place an order. This is because we use cookies to enable you to log-in to your account.

PRIVACY POLICY

Welcome to our privacy notice. Domakaya (”we”) is committed to protecting and respecting your privacy. This privacy notice will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.

This privacy notice aims to give you information on how we collect and process your personal data through your use of this website, including any data you may provide directly through this website.

Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

For the purpose of the Data Protection Act 2018 (the Act), we are the data controller. Our registered address is 37 Perrymead Street London SW6 3SN. Our ICO registration number is ZA483000. You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). However, we would appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

WHO IS THE PRIVACY NOTICE FOR?

This privacy notice describes the way we treat and use personal data that we collect about any person that uses our services.

IF YOU DO NOT PROVIDE PERSONAL DATA

If we need to process the data you provide us with about yourself to fulfil our service and you fail to provide that data when requested, we may not be able to perform the service, in which case, we may have to cancel a product or service you have with us. We will of course notify you if this is the case at the time.

WHAT INFORMATION DO WE USE?

We will collect and process the following data about you:

• Information you give us about you. This is information about you that you give us by filling in forms on our website (www.domakaya.com) that you may access directly or through another website, or by corresponding with us by phone, e-mail or otherwise. It only includes basic personal data required for you to be able to use and login into our website, subscribe to our service, to receive our newsletter, for us to process your order and when you report a problem with our website. The information you give us may include your full name, delivery address, e-mail address, phone number, financial and credit card information, personal description, photograph and other.

• Information we collect about you. With regard to each of your visits to our website we will 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 website (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), methods used to browse away from the page, and any phone number used to call our customer service number.

• Information we receive from other sources. This is information we receive about you if you use any of the other websites we operate or the other services we provide. We are working closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, analytics providers, search information providers, credit reference agencies). We will notify you when we receive personal data about you from them and we will disclose the purposes for which we intend to use that information.

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 website. For detailed information on the cookies we use and the purposes for which we use them see our Cookie Policy.

HOW DO WE USE THIS INFORMATION?

We will only use personal data when the law allows us to. You will not be subject to decisions based on automated data processing without your prior consent. Most commonly, we will use your personal data in the following circumstances:

• when we need to perform the contract we are about to enter into or have entered into with you;

• when it is necessary for our legitimate interests and your interests and fundamental rights do not override those interests; or

• when we need to comply with a legal or regulatory obligation.

Generally, we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to direct marketing at any time by contacting us at info@domakaya.com

• Information you give to us. We will use this information:

• to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information and services that you request from us; and

• to notify you about important changes to our service.

• Information we collect about you. We will use this information:

• to administer our website and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;

• to improve our website to ensure that content is presented in the most effective manner for you and for your device; and

• as part of our efforts to keep our website safe and secure.

Information we receive from other sources. We may receive personal data about you from selected third parties that we work with or that provide us with a service (such as payment services for example) and public sources (such as Companies House for example).

MARKETING

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We may use your contact details and technical data that we collect about you, such as your IP address and the way you browse our website to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).

You will receive marketing communications from us if you have requested information from us, purchased goods or services through us or if you provided us with your details when you have registered for a promotion and, in each case, you have not opted out of receiving that marketing.

You can ask us to stop sending you marketing messages by following the opt-out links on any marketing message sent to you or by contacting us at any time at info@domakaya.com

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, warranty registration, product/service experience or other transactions.

THIRD-PARTY MARKETING

We will get your express opt-in consent before we share your personal data with any external company for marketing purposes.

CHANGE OF PURPOSE

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please email us at info@domakaya.com

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

HOW DO WE SHARE YOUR INFORMATION?

You acknowledge and agree that from time to time we have the right to 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.

• Selected third parties including:

• Stripe Inc. (“Stripe”) based in the US, for processing payments;

• PayPal (Europe) S.à r.l. et Cie, S.C.A. (“PayPal”) based in the EU, for processing payments;

• Mastercard International Inc. (“Mastercard”) based in the US and other countries (that follow Binding Corporate Rules (“BCRs”)), for processing payments;

• Switch, S.A. (“Switch”) which is compliant with the EU General Data Protection Regulation (2016/679), is based in Portugal.

• Visa Inc. (“Visa”) based in the US, Singapore, Australia and other countries (that follow Binding Corporate Rules (“BCRs”), that are certified to the EU-US and/or Swiss-US Privacy Shield Framework or certain entities that are bound by the Standard Contractual Clauses), for processing payments;

• Sage Pay Europe Ltd. (“Sage Pay”) based in the US and other countries outside the EEA, for processing payments; and

• select business partners, suppliers and sub-contractors for the performance of any contract we enter into with you.

We will disclose your personal information to third parties:

• in the event that we sell or buy any business or assets, in which case we will disclose your personal data to the prospective seller or buyer of such business or assets;

• if we are 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; or

• 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 Website Terms and Conditions and other agreements; or to protect our (our customer’s or other’s) rights and property. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

WHERE DO WE STORE YOUR INFORMATION?

All personal data we process is processed by our staff in the UK and outside the European Economic Area (EEA).

For the purposes of IT hosting and maintenance this information is located on servers within the EEA and outside the EEA.

Some of our external third parties such as Stripe, PayPal, Mastercard, Switch, Visa, Sage Pay are based outside the EEA so their processing of your personal data will involve a transfer of data outside the EEA.

Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

• where we use certain service providers, we may use specific contracts approved by the European Commission that give personal data the same protection it has in Europe.

• where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US. For further details, see European Commission: EU-US Privacy Shield.

Please contact us at info@domakaya.com if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.

Once we have received your information, we have a data protection regime in place to oversee the effective and secure processing of your personal data and we will use strict procedures and security features to try to prevent unauthorised access.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our website at transmission stage; any transmission is at your own risk.

HOW LONG DO WE KEEP YOUR INFORMATION FOR?

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. However, we generally retain your data for two (2) years before we delete it.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

We are required under UK tax law to keep basic personal data about our customers (name, address, contact details) for a minimum of 6 years after which we will destroy it.

In some circumstances, we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

In some circumstances, you can ask us to delete your data. See below for further information.

WHAT ARE YOUR RIGHTS?

Under certain circumstances, you have rights under data protection laws in relation to your personal data. Your have the following rights:

• Request access to your personal data;

• Request correction of your personal data;

• Request erasure of your personal data;

• Object to processing of your personal data;

• Request restriction of processing your personal data;

• Request transfer of your personal data; and

• Right to withdraw consent.

EXERCISING YOUR RIGHTS

If you wish to exercise, any of your rights set out above, please email us at info@domakaya.com

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

THIRD-PARTY LINKS

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third-parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.

CHANGES TO OUR PRIVACY NOTICE

We will post the changes made to this privacy notice on this page and notify you by e-mail.

GENERAL INFORMATION

This website (www.domakaya.com) (the site) is run and maintained by Domakaya (“us”), a partnership registered in England and Wales, whose registered office is 37 Perrymead Street London SW6 3SN. Our email address is info@domakaya.com We sell handmade accessories. These Website Terms and Conditions (Terms and Conditions) cover the terms on which you may use the site, conduct your business and purchase products. Please read these Terms and Conditions carefully before you start to use the site. By using the site, you accept and agree to be bound and abide by these Terms and Conditions, our Privacy Notice. If you do not accept them, please do not use the site.

USER RIGHTS OF ACCESS

You have permission for temporary, non-exclusive use of the site. We reserve the right to withdraw or change the content of the site and these Terms and Conditions at any time without notifying you and without having any legal responsibility towards you. You are not allowed to copy, modify, duplicate, create derivative works from, frame, mirror, republish, display, transmit, or distribute all or any part of the site. You are also not allowed to license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the site and/or any documents or online resources on the site available to any third party. You are responsible for configuring your own computer and software to access the material and content on our site including downloadable files. We do not warrant that the way we deliver data to you is compatible with your software or with the way your mobile device, computer or tablet is configured. Although we do our best to protect our site, we are not responsible for any viruses, bugs or similar issues. We advise that you use your own virus protection software to protect yourself. You must treat all identification codes, passwords and other security information that you obtain from use of the site and (where applicable) for you to access parts of the site, as confidential. If we think you have failed to keep confidentiality, we may disable any such information, including your passwords and other codes. You agree to follow our Acceptable Use Policy. If you allow anyone else to use our site, you must make sure that they read these Terms and Conditions first, and that they agree to and follow them. If you do not use the site according to the law and these Terms and Conditions, we may suspend your usage, or stop it completely and/or such unauthorised use may give rise to a claim for damages and/or be a criminal offence. We frequently update the site and make changes to it, but we have no duty to do this. This means that content on the site may be out-dated or incorrect. We will have no liability to you for any losses or damage you may suffer from your reliance on any of our materials. We follow our Privacy Notice in handling information about you. By using the site, you agree to us handling this information and confirm that data you provide is accurate. Our site uses cookies. More information is provided in our Cookie Policy.

CONFIDENTIALITY

Personal information or business information that you supply to us through the site, other than information that is in the public domain, will be treated confidentially and in line with our Privacy Notice. Confidential information will not be disclosed to any third party, including for the purposes of marketing, without your prior permission. We will only disclose your information if it is necessary for the performance of our services or where so required by law.

VARIATION

We may change these Terms and Conditions from time to time. Please ensure that you check for any changes regularly, as you are bound by them if you use this site.

INTELLECTUAL PROPERTY RIGHTS

We are the owner or licensee of all intellectual property rights in the site including any databases that hold relevant information about the site. They are protected by copyright or trademark registration and you may only use any such material and the documents in line with these Terms and Conditions and this paragraph specifically. If you do not use the materials in line with these Terms and Conditions and this paragraph specifically, you lose your right to use our site, and must destroy or return any copies of documents you have made of it or any part of it. We reserve all our rights conferred to us by law to remedy any such breach. This site contains material which is owned by, or licensed to, us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. All trademarks reproduced in this site which is not the property of, or licensed to, the operator is acknowledged on the site.

OUR RESPONSIBILITY TO YOU

We do not guarantee the accuracy of material on our site or the materials uploaded by our users. It is for your general information and you are responsible for the way you use its content. Neither any third parties nor we provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this site for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Your use of any information or materials on this site is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this site meet your specific requirements as they are only a representation of the product that you choose to rely on at your discretion.

We shall not limit or exclude our liability for:

• death or personal injury;

• fraud or fraudulent misrepresentation; or

• any act, omission or matter, liability which may not be excluded or limited under any applicable law.

We shall not be liable to you for any indirect, special or consequential loss or damage, including:

• loss of profit;

• loss of goodwill;

• loss of savings; or

• loss of contract.

We also exclude, but only as far as legally possible, all terms and warranties or promises implied by law or by statute. Although we try to make the site available at all times, we do not warrant that your use of the site will be uninterrupted. We are not responsible for any loss or damage you may suffer resulting from any interruptions, errors or the transfer of data and you acknowledge that the site may be subject to limitations, delays and other issues. Any duty of care owed to you by us is owed to you alone and no duty of care is owed to any third party and we do not assume any responsibility to any third party in respect of the performance of our duties to you.

LINKS TO OUR SITE OR OTHER SITES

You are allowed to make a link to our site’s homepage from your website if the content on your site meets the standards of our Acceptable Use Policy and provided you do not suggest any endorsement by us or association with us unless we provide agreement in writing. We reserve the right to end this permission at any time. Links from our site to other sites are only for information. We do not accept any responsibility for other sites, the accuracy of their content or any loss you may suffer from using and relying on them.

COMPUTER OFFENCES

If you do anything which is a criminal offence under the Computer Misuse Act 1990 (such as for example introducing viruses, worms, Trojans and other technologically harmful or damaging material) your right to use the site will end immediately, we will report you to the relevant authorities and provide them with details of your identity. You must not try to obtain access to our server or any connected database or make any 'attack' on the site.

JURISDICTION

These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales. Any matters arising in connection to this agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales.

COMPLAINTS

If you have any questions or a complaint about the service provided by us, please send us an email at info@domakaya.com