Privacy policy

Privacy Policy

By Kept operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a personalised shopping experience (the "Services"). By Kept is powered by Shopify, which enables us to provide the Services to you. This Privacy Policy describes how we collect, use and disclose your personal information when you visit or use the Services, make a purchase or other transaction through the Services, or otherwise communicate with us. If there is a conflict between our Terms of Service and this Privacy Policy, this Privacy Policy prevails with respect to the collection, processing and disclosure of your personal information.

Read this Privacy Policy carefully. By using and accessing any of the Services, you confirm that you have read this Privacy Policy and understand how your information is collected, used and disclosed as described in this Privacy Policy.

Personal information we collect or process

When we use the term "personal information", we mean information that identifies you or another person, or can reasonably be linked to you or another person. Personal information does not include information that is collected anonymously or that has been de-identified so that it cannot identify you or be reasonably linked to you. Depending on how you interact with the Services, where you live and as permitted or required by applicable law, we may collect or process the following categories of personal information, including inferences drawn from this personal information:

  • Contact details, including name, address, billing address, shipping address, phone number and email address.
  • Financial information, including credit and payment card numbers, financial account details, transaction details, payment method information, payment confirmations and other payment details.
  • Account information, including username, password, security questions, preferences and settings.
  • Transaction information, including the items you view, add to your cart or wishlist, purchase, return, exchange or cancel, and your previous transactions.
  • Communications with us, including the information you provide in your communications with us, for example when you submit a customer service enquiry.
  • Device information, including information about your device, browser or network connection, your IP address and other unique identifiers.
  • Usage information, including information about your interaction with the Services, such as how and when you interact with or navigate the Services.

Sources of personal information

We may collect personal information from the following sources: directly from you, including when you create an account, visit or use the Services, communicate with us or otherwise provide your personal information to us; automatically through the Services, including from your device when you use our products or services or visit our websites, and through the use of cookies and similar technologies; from our service providers, including when we engage them to enable certain technology and when they collect or process your personal information on our behalf; and from our partners or other third parties.

How we use your personal information

Depending on how you interact with us and which of the Services you use, we may use personal information for the following purposes:

  • Providing, tailoring and improving the Services. We use your personal information to provide the Services, including to perform our agreement with you, process your payments, fulfil your orders, remember your preferences and the items you are interested in, send you notifications related to your account, process purchases, returns, exchanges or other transactions, create, maintain and otherwise manage your account, arrange for delivery, facilitate returns and exchanges, enable you to post reviews, and create a personalised shopping experience for you.
  • Marketing and advertising. We use your personal information for marketing and promotional purposes, for example to send marketing, advertising and promotional communications by email, text message or postal mail, and to show you online advertisements for products or services on the Services or other websites, including based on items you previously purchased or added to your cart and other activity on the Services.
  • Security and fraud prevention. We use your personal information to authenticate your account, provide a protected payment and shopping experience, detect, investigate or take action regarding possible fraudulent, illegal or harmful activity, and protect our Services. If you choose to use the Services and register an account, you are responsible for keeping your account credentials confidential.
  • Communicating with you. We use your personal information to provide you with customer support, respond to your enquiries, deliver effective services and maintain our business relationship with you.
  • Legal reasons. We use your personal information to comply with applicable law or respond to valid legal process, including requests from law enforcement or government agencies, to investigate or participate in civil proceedings, potential or actual disputes or other adversarial legal proceedings, and to enforce or investigate potential violations of our terms or policies.

How we disclose personal information

In certain circumstances, we may disclose your personal information to third parties for legitimate purposes in accordance with this Privacy Policy. Such circumstances may include:

  • With Shopify, vendors and other third parties who perform services on our behalf (for example IT management, payment processing, data analytics, customer support, cloud storage, fulfilment and shipping).
  • With business and marketing partners to provide marketing services and show you advertisements. For example, we use Shopify to support personalised advertising with third-party services based on your online activity with different merchants and websites. Our business and marketing partners will use your information in accordance with their own privacy notices. Depending on where you live, you may have the right to ask us not to share information about you for the purpose of showing you targeted advertisements and marketing based on your online activity with different merchants and websites.
  • When you direct or otherwise consent to our disclosure of certain information to third parties, for example to ship products to you, or through your use of social media widgets or login integrations.
  • With our affiliates or otherwise within our corporate group.
  • In connection with a business transaction such as a merger or bankruptcy, to comply with applicable legal obligations (including responding to subpoenas, search warrants and similar requests), to enforce applicable terms of service or policies, and to protect or defend the Services, our rights and the rights of our users or others.

Relationship with Shopify

The Services are hosted by Shopify, which collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services is transmitted to and shared with Shopify and third parties that may be located in countries other than the country where you reside, in order to provide and improve the Services for you. In addition, to protect, develop and improve our business, we use certain Shopify enhanced features that incorporate data and information obtained from your interactions with our store, other merchants and Shopify. In these circumstances, Shopify is responsible for the processing of your personal information, including for responding to your requests to exercise your rights regarding the use of your personal information for these purposes. For more information about how Shopify uses your personal information and the rights you have, you can consult the Shopify consumer privacy policy at https://privacy.shopify.com/en.

Third-party websites and links

The Services may contain links to websites or other online platforms operated by third parties. If you follow links to sites that are not affiliated with or controlled by us, we encourage you to review their privacy and security policies and other terms and conditions. We do not warrant and are not responsible for the privacy or security of such websites, including the accuracy, completeness or reliability of the information found on them. Information you provide in public or semi-public venues, including information you share on third-party social networking platforms, may also be viewable by other users of the Services and/or users of those third-party platforms, without limitation as to its use by us or by a third party.

Children's data

The Services are not intended to be used by children, and we do not knowingly collect any personal information about children under the age of majority in your jurisdiction. If you are the parent or guardian of a child who has provided us with their personal information, you may contact us using the contact details below to request that it be deleted. As of the effective date of this Privacy Policy, we do not have actual knowledge that we "share" or "sell" (as those terms are defined in applicable law) personal information of individuals under 16 years of age.

Security and retention of your information

Be aware that no security measures are perfect or impenetrable, and we cannot promise absolute security. In addition, information you send to us may not be protected while in transit. We recommend that you do not use insecure channels to communicate sensitive or confidential information to us. How long we retain your personal information depends on different factors, such as whether we need the information to maintain your account, to provide the Services, comply with legal obligations, resolve disputes or enforce other applicable contracts and policies.

Your rights and choices

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

  • Right of access / to know. You may have a right to request access to the personal information that we hold about you.
  • Right to erasure. You may have a right to request that we erase the personal information we hold about you.
  • Right to rectification. You may have a right to request that we correct inaccurate personal information we hold about you.
  • Right of portability. You may have a right to receive a copy of the personal information we hold about you and to request that we transfer it to a third party, in certain circumstances and with certain exceptions.
  • Managing communication preferences. We may send you promotional emails, and you may opt out of receiving these at any time by using the unsubscribe option displayed in our emails to you. If you opt out, we may still send you non-promotional emails, such as those about your account or orders you have placed.

If you reside in the United Kingdom or the European Economic Area, and subject to exceptions and limitations provided by local law, you may also exercise the following rights: the right to object to processing and to request restriction of processing, and, where we rely on your consent to process your personal information, the right to withdraw that consent. Withdrawal of consent does not affect the lawfulness of processing carried out on the basis of your consent before its withdrawal.

Residents of certain other jurisdictions, including certain states of the United States, Canada, Australia and New Zealand, may have comparable rights under the privacy legislation applicable in their place of residence.

You may exercise any of these rights where indicated on the Services or by contacting us using the contact details provided below. For more information about how Shopify uses your personal information and any rights you may have, including rights related to data processed by Shopify, you can visit https://privacy.shopify.com/en. We will not discriminate against you for exercising any of these rights. We may need to verify your identity before we can process your requests, as permitted or required under applicable law. In accordance with applicable law, you may designate an authorised agent to make requests on your behalf to exercise your rights. Before accepting such a request from an agent, we will require that the agent provide proof that you have authorised them to act on your behalf, and we may need you to verify your identity directly with us. We will respond to your request within the timeframe required by applicable law.

Complaints

If you have complaints about how we process your personal information, contact us using the contact details provided below. Depending on where you live, you may have the right to appeal our decision by contacting us using the contact details set out below, or to lodge your complaint with your local data protection authority. As we are established in the Netherlands, our supervisory authority is the Autoriteit Persoonsgegevens. Residents of the United Kingdom may also contact the Information Commissioner's Office (ICO).

International transfers

Note that we may transfer, store and process your personal information outside the country you live in. If we transfer your personal information out of the European Economic Area or the United Kingdom, we will rely on recognised transfer mechanisms such as the European Commission's Standard Contractual Clauses, or any equivalent contracts issued by the relevant competent authority of the United Kingdom, as relevant, unless the data transfer is to a country that has been determined to provide an adequate level of protection.

Changes to this Privacy Policy

We may update this Privacy Policy from time to time, including to reflect changes to our practices or for other operational, legal or regulatory reasons. We will post the revised Privacy Policy on this website, update the "Last updated" date and provide notice as required by applicable law.

Contact

Should you have any questions about our privacy practices or this Privacy Policy, or if you would like to exercise any of the rights available to you, email us at info@bykept.com. For the purposes of applicable data protection law, we are the controller of your personal information: MdBeats, trading as By Kept, Doejenburg 144K, 4021 HR Maurik, The Netherlands.

By Kept — MdBeats
Doejenburg 144K, 4021 HR Maurik, The Netherlands
Company registration number (KvK): 78147271
VAT number: NL003293009B81
Email: info@bykept.com