Privacy policy

Privacy

Flooky International Limited, a company incorporated in Hong Kong (hereinafter: “Flooky”, “we” or “us”) is committed to protecting your privacy and your personally identifiable data and other personal information (the “Personal Data”). Flooky has created this Privacy Policy to let you know what information we collect when you visit and/or use our website and/or its services (the “Services”), how we collect it and how we makes use of it.

When you access or use our Services you are required to read this Privacy Policy, understand what will be made with your personal data and how it will be processed, and you understand that your use of any of the Services is subject to your acceptance of this Privacy Policy.

The headings in this Privacy Policy are intended strictly for convenience and shall not be used to interpret its provisions.

Personal Data Collected

Flooky collects and stores your Personal Data such as your name, contact details, mailing and delivery addresses, email address, birthday, facial image, voice recording (for customer service calls) and any other personally identifiable information which you have provided us in any forms you may have submitted to us, or in the course of any other forms of interaction between you and us, to the extent it may be considered Personal Data (see below of what may not be considered Personal Data). We also collect and stores additional data unique to you which is certain administrative and traffic data including without limitation source IP address, time of access, date of access, web page(s) visited, language used, Services crash reports, type of browser used, the technical operation of the Services, and any data required to ensure your use of the Services is compliant with the applicable Terms of Use. Flooky collects and stores the aforesaid Personal Data when you visit or use the Services and when you provide it to us, and also in your communications with us.

We usually do not collect your credit card details, whether to process your payment or for customer service purposes. Your credit card details are collected, processed and stored directly by our third-party payment processors pursuant to their terms of use and privacy policies. None of your credit card details are stored with us. However, we may collect your bank account details to process refunds.

You are responsible for ensuring the accuracy of your Personal Data you submit to Flooky through the Services. Inaccurate information will affect the information you receive when using the Services and Flooky's ability to contact you as contemplated in this Privacy Policy as well as to provide you with the Services in the best manner possible, or at all.

Special Categories. There are special categories of personal data, data which reveals or contains: racial or ethnic origin, political opinions, religious and philosophical beliefs, trade union membership, genetic data, biometric data, health data, sex life or sexual orientation (hereinafter: “Special Categories of Personal Data”) and therefore is more sensitive.

It is important that you understand that part of the Personal Data we may collect shall be considered as Special Category of Personal Data, and this kind of Personal Data will be collect and be used or process otherwise only according to an appropriate lawful basis, as further specified below and for the purpose of providing you the relevant Service.

In addition, please note that this Privacy Policy does not cover the following information as if is not considered Personal Data:

  • Information relating to a legal entity (e.g. corporate information, contact details, accounting information, etc.);
  • Anonymised data, namely information which does not relate to an identified or identifiable natural person or to Personal Data rendered anonymous in such a manner that the data subject is not or no longer identifiable.

YOU DO NOT HAVE TO PROVIDE YOUR PERSONAL DATA TO US, BUT IF YOU DO NOT, WE MAY BE UNABLE TO PROVIDE THE SERVICES OR ANY PART OF THEM TO YOU.  

Use of Personal Data

Flooky uses the Personal Data it collects from and/or about you to establish and manage the contractual relationship between us, provide you with our Services, when required by law, for conducting statistical analysis, provide customer support, undertake necessary security and identify verification checks, to track your use of the Services and/or for other internal purposes, such as evaluating, providing, and improving the Services.

In addition, Your Personal Data is used to provide you with promotional offers and information regarding products and services from Flooky or third parties where you have accepted or consented to receive such offers and information via the Services or otherwise, and also in order for Flooky to improve the Services and/or customer service.

We may also share Personal Data with third parties, i.e. service providers which provide us services with respect to the Services provided to you, such as: e-commerce platform providers, server providers, analysers, law enforcement authorities, administrative and regulatory bodies. Finally, Flooky also anonymizes certain of your Personal Data in order, for instance, to generate aggregated data.

Sharing and Transfer of Your Personal Data

Usually, a sharing of Personal Data may occur (i) if you have requested and/or agreed that the Personal Data will be provided to aforesaid third parties; or (ii) if the disclosure is required or permitted by law; or (iii) if it is transferred for the performance of a contract between you and Flooky; or (iv) the transfer is necessary in order to protect the vital interests of the data subject; or (v) the transfer is necessary or legally required on important public interest grounds, or for the establishment, exercise, or defence of legal claims.

Without derogating from the above, Flooky may disclose your Personal Data to associated entities and/or to third parties, at Flooky's sole discretion, where the purpose of such disclosure is to provide you with the Services and to improve the Services as part of compliance with contractual duties between us.

In addition, Flooky may disclose your Personal Data if Flooky believes in good faith that such action is necessary to comply with applicable legislation, a current judicial proceeding, a court order or legal process, or to protect and defend Flooky's (or its licensor's) rights or property, the personal safety of other users of the Services or the public at large. Flooky reserves the right to share the Personal Data with appropriate authorities and financial institutions, if Flooky determines in its sole discretion that you attempted to defraud Flooky, or if Flooky suspects you are committing any fraudulent activity, or any other prohibited transaction, or if you breach the Terms of Use of our Service.

In the event that Flooky sells, assigns or transfers some or all of its business or assets to a successor or acquirer, or if Flooky is acquired by or merges with a third party, or if Flooky files for bankruptcy or becomes insolvent, Flooky may disclose, sell, assign or transfer all of your Personal Data as part of the transaction.

International Transfers. Some transfers of data may be located at destinations outside of your state, province, or country, and if you are a resident of the European Union, such as outside the European Economic Area. The data protection and privacy laws of the jurisdictions to which the Personal Data will be transferred may not be as comprehensive as those in your sate or as comprehensive as those of the European Union (if applicable to you), we try to only send your information to countries that have strong data protection laws. If you would like more information about where your information might be sent, please contact us.

If you are in the European Union, accordingly, we may transfer your Personal Data to third parties located at destinations outside the European Economic Area and in such case, Flooky will take measures to ensure a similar level of protection is provided to your Personal Data according to one of the following safeguards:

  • Personal Data is transferred to countries that the European Commission has identified as the countries ensuring an adequate level of protection of Personal Data;
  • In case such transfer shall not be to a country which the European Commission did not identified as a countries ensuring an adequate level of protection, we shall apply relevant standard contractual clauses approved by the European Commission or we will rely on binding corporate rules which guarantee the security of your data.

Cookies

Flooky uses a browser feature known as cookies, which are small text files which are placed on your computer or equipment when you visit certain online pages, to track your activities, record your preferences, and make the Services more responsive to your needs by delivering a better and more personalized experience to you.

We use those cookies by a third party provider.

It helps the website to remember information about your visit, like your preferred language and other settings. That can make your next visit easier and the site more useful to you. Cookies play an important role for ease your use of the Services.

We use different types of cookies to run the Services. Some or all of the cookies may be stored in your browser. You can view and manage cookies in your browser (though browsers for mobile devices may not offer this visibility).

You are able not to allow cookies, which is why most browsers give you the ability to manage cookies to suit you.

Some browsers limit or delete cookies, so you may want to review your cookie settings. In some browsers you can set up rules to manage cookies on a site-by-site basis, giving you more specific control over your privacy. What this means is that you can disallow cookies from all sites except those that you trust.

Details of the cookies that will be used appear in the cookies policy at the following link: https://www.shopify.com/legal/cookies.

Security

Flooky has implemented suitable security policies, rules and technical measures to protect and safeguard the Personal Data under its control from unauthorized access, improper use or disclosure, unauthorized modification, unlawful destruction or accidental loss. Flooky may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to provide the service. These may be located at destinations outside the European Economic Area. By submitting your Personal Data, you agree to this. All of Flooky's employees and data processors that have access to, and are associated with the processing of your Personal Data, are obliged to respect the confidentiality of your Personal Data. However, we cannot guarantee the security of your data, which may be compromised by unauthorized entry or use of the Services.

Reasonable physical, technical, and procedural measures shall be taken to:

  • Prevent and/or to identify unauthorized or unlawful collection, processing, and transmittal of Personal Data; and
  • Prevent accidental loss or destruction of, or damage to, Personal Data.

Links to Other Sites

Our Services may contain links to other sites. Other sites may also reference or link to the Services. Flooky is not responsible for the privacy practices or the content of such other online sites, and any information collected by these third party online sites is not governed by this Privacy Policy, and Flooky assumes no responsibility or liability whatsoever for the policies (including privacy policies), practices, actions or omissions of such third parties.

Rights with respect to the Personal Data

In certain circumstances, you have rights in relation to the Personal Data that we hold. Therefore, you have the following rights.

Please note that we will require you to verify your identity before responding to any requests to exercise rights. To exercise rights with respect to the Personal Data, please contact us in our contact information provided below. Please note that for each of the rights below, we may have valid legal reasons to refuse such request, in such instances we will let you know if that is the case.

  • The right of access to the Personal Data, including the right to obtain a copy of such data;
  • The right to request to have the Personal Data rectified (corrected) if the Personal Data are incorrect or incomplete;
  • The right to erase the Personal Data in the following circumstances: (i) where the data subject believe it is no longer necessary for Flooky to hold the Personal Data, (ii) Flooky is processing it on the basis of consent and the data subject wish to withdraw his consent, (iii) Flooky is Processing the Personal Data on the basis of Flooky’s legitimate interest and the data subject object to such Processing, (iv) the data subject no longer wish Flooky to use the Personal Data to send the data subject marketing materials or (v) the data subject believe Flooky is unlawfully processing his Personal Data;
  • The right to require Flooky to restrict of processing of Personal Data in the following circumstances: (i) if the data subject dispute the accuracy of his Personal Data, (ii) if the Processing is unlawful and the data subject object to its deletion, (iii) if the data subject believe that Flooky no longer needs his Personal Data but that it is still necessary for the data subject to establish, exercise or defend his legal rights or, (iv) if the data subject have objected to Flooky Processing the Personal Data.
  • The right to receive a subset of the Personal Data provided to Flooky in a structured, commonly used and machine-readable format and a right to request that Flooky transfers such Personal Data to another party if Flooky processes it on the bases of (i) Flooky’s contract with the data subject or (ii) with the data subject’s consent and when the processing is carried out by automated means;
  • The right to object to the processing of the Personal Data we hold about the data subject and we will consider such request. Please provide us with details as to the data subject reasoning so that we can assess whether there is a compelling overriding interest in Flooky continuing to process such Personal Data or we need to process it in relation to legal claims.

Retention and Deletion of Your Personal Data

Flooky may retain your Personal Data for as long as needed to provide you with the Services described the Terms of Use of the Services and with accordance to the purposes specified herein. This often means that Flooky will keep Personal Data for the duration of your account, which may be terminated in accordance with the terms of use of the Services, and may be after it to a limited period. Please note, however, that where applicable legislation requires Flooky to do so, it may be required to keep records of your Personal Data, even after such termination, for longer periof, or after a purchase made through the Site.

Marketing Materials

By accepting the Terms of Use and the Privacy Policy you agree to receive communications from us which some of them are with respect to the Services and some are marketing materials. You can opt out of receiving marketing materials by utilizing the “unsubscribe” link or other mechanism noted in the communications you receive from Flooky, or by contacting us through one of the methods specified in the Contact Information section below, and sharing the email address at which you are receiving marketing emails.

As described above, we use your Personal Information, inter alia, to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work. 

Lawful Bases for Processing

We will only collect and use Personal Data about you where we have the following lawful bases:

  • You have provided consent;
  • Processing is necessary for performance of a contract with you, and Flooky need to process your Personal Data to comply with Flooky obligations under the contract;
  • Processing is necessary for compliance with a legal obligation;
  • Processing is necessary in order to protect your vital interests;
  • Processing is necessary for legitimate interests of Flooky or by the third party or parties to whom your Personal Data disclosed, except where such interests are overridden by your fundamental rights and freedoms.

As describe above, for the purpose of providing you the Services, we may collect Personal Data which will be considered as Special Category of Personal Data, therefore, we will ask your explicit consent before we will collect or process this kind of Personal Data.

Change to this Policy

Flooky reserves the right to make, from time to time, changes and updates to this Privacy Policy. You are responsible for regularly reviewing information posted online to obtain timely notice of such changes. If you do not agree to the altered Privacy Policy, you must stop using the Services immediately.

Complaints

In the event that you wish to learn more about our data privacy practices or to make a complaint about how Flooky processes your Personal Data, please contact Flooky in the first instance (see ‘Contact Information’ chapter below).

Flooky will endeavor to deal with your request as soon as possible.

 

This is without prejudice to your right to launch a claim with the data protection supervisory authority in the European Union country in which you live or work where you think Flooky has infringed data protection laws.

Contact Information

In the event that you wish to learn more about our data privacy practices or to make a complaint about how Flooky processes your Personal Data, please contact us in the first instance:

  • At the following email address info@flookyhk.com.

We will endeavor to deal with your request as soon as possible.

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