Privacy Policy

Thank you for your interest in this Privacy Policy. This Privacy Policy explains which Personal Data we collect from you via our website and shop at www.zestofashion.com and www.zestoffashion.com (our “website”), what we use it for, when we delete it, and how your data is protected.

 

WHAT IS PERSONAL DATA?

Personal Data is information that makes it possible to identify a natural person. This includes in particular, your name, date of birth, address, telephone number, and email address, but also your IP address. Anonymous data exists if no personal reference to the user can be made.

 

WHAT IS PROCESSING?

"Processing" means and covers virtually any handling of data.

 

WHAT LAW APPLIES?

We will only use your Personal Data in accordance with the applicable data protection laws, in particular Hong Kong's Personal Data (Privacy) Ordinance (“PDPO”), the UK’s Data Protection Act (“DPA”), Turkey`s Data Protection Law 6698 ("DPL"), the EU's General Data Protection Regulation (“GDPR”), and of course only as described in this Privacy Policy.

 

 

WHO IS RESPONSIBLE FOR DATA PROCESSING?

The responsible party within the meaning of the above is Elly An Hokan Limited Company of Unit 1218, Corporation Square, 8 Lam Lok Street, Kowloon Bay, Hong Kong (“Zest of Fashion”, “we”, “us”, “our”). If you have any questions about this policy or our data protection practices, please contact us using Arzu.Erikci@zestofashion.com.

 

DATA COLLECTION

All Personal Data that we obtain from you will only be processed for the purposes described in more detail below. In particular, we collect Personal Data only if:

 

• you have given your consent;
• the data is necessary for the fulfillment of a contract / pre-contractual measures;
• the data is necessary for the fulfillment of a legal obligation; or
• the data is necessary to protect the legitimate interests of our company and business.

 

We process and store your Personal Data only for the period of time required to achieve the respective processing purpose or for as long as a legal retention period exists (in particular commercial and tax law in accordance with HK’s Commercial Law and Fiscal Code and others for up to 8 years. Once the purpose has been achieved or the retention period has expired, the corresponding data is routinely deleted.

 

DATA TRANSFERS

In certain cases, it is necessary to transmit the processed Personal Data in the course of data processing. In this respect, there are different recipient bodies and categories of recipients.

 

1. Internal

If necessary, we transfer your Personal Data within Zest of Fashion. Of course, we comply with the associated legal framework and ensure that your data is processed properly. Access to your Personal Data is only granted to authorised employees who need access to the data due to their job, e.g., to fulfil your order or to contact you in case of queries.

 

1. External bodies

Personal Data is transferred to our service providers in the following instances:

 

• in the context of fulfilling your orders, shipping and delivery,
• to use marketing services and to advertise our products online,
• to communicate with you,
• to provide our website and shop, and
• to state authorities and institutions as far as this is required or necessary.

 

We usually do not transfer Personal Data to countries outside HK or the EEA. However, if we do, we ensure that processing of your Personal Data is governed by Processing Agreements that include Standard Contractual Clauses to ensure a high level of data protection.

 

SECURITY OF YOUR DATA

In order to protect the data stored with us in the best possible way against accidental or intentional manipulation, loss, destruction, or access by unauthorised persons, we use appropriate technical and organisational security measures. The security levels are continuously reviewed in cooperation with security experts and adapted to new security standards.

 

Nevertheless, internet-based data transmissions can always have security gaps, so that absolute protection cannot be guaranteed. And databases or data sets that include Personal Data may be breached inadvertently or through wrongful intrusion. Upon becoming aware of a data breach, we will notify all affected individuals whose Personal Data may have been compromised as expeditiously as possible after which the breach was discovered.

 

YOUR RIGHTS AND PRIVILEGES

1. Privacy rights

You can exercise the following rights under the PDPO:

• The right to access:
• The right to data portability:
• The right to rectification:
• The right to deletion/erasure:
• The right to restriction or objection to processing:
• The right to withdraw your consent:
• The right to limit use and disclosure of your sensitive Personal Data:
• The right to to be subject to automated decision making:
• The right to opt-out of the sale or share of Personal Data:
• The right to non-discrimination:

You can exercise the following rights under the DPL, DPA and GDPR:

• The right to access;
• The right to rectification;
• The right to erasure;
• The right to restrict processing;
• The right to object to processing;
• The right to data portability;

 

1. Updating your information and withdrawing your consent

If you believe that the information we hold about you is inaccurate or request its rectification, deletion, or object to legitimate interest processing, please do so by contacting us.

 

1. Access Request

In the event you want to make a Data Subject Access Request, please contact us. We will respond to requests regarding access and correction as soon as reasonably possible. Should we not be able to respond to your request within thirty (30) days, we will tell you why and when we will be able to respond to your request. If we are unable to provide you with any Personal Data or to make a correction requested by you, we will tell you why.

 

1. Complaint to a supervisory authority

You have the right to complain about our processing of Personal Data to a supervisory authority responsible for data protection. However, we would appreciate the opportunity to address your concerns before you contact any supervisory authority.

 

1. What we do not do

• We do not request Personal Data from minors and children;
• We do not process special category data without obtaining prior specific consent; and
• We do not use automated decision-making, including profiling.

 

PROCESSING OF YOUR PERSONAL DATA

1. Log files

When you access our website, some access data is recorded automatically and stored in a log file on our website's server. This means if you browse and simply have a look at our website, we process a) the IP address of your computer, b) the date and time of your access, c) the name and URL of the accessed file, d) the browser used, e) the amount of bytes transferred, f) the status of the page request, g) the session ID and g) the referrer URL. The legal basis for processing is our legitimate interest.

 

1. Cookies

We use so-called cookies on our website. Cookies are pieces of information that are transmitted from our web server or third-party web servers to your web browser and stored there for later retrieval. Cookies may be small files or other types of information storage. There are different types of cookies: a) Essential Cookies. Essential cookies are cookies to provide a correct and user-friendly website; and b) Non-essential Cookies. Non-essential Cookies are any cookies that do not fall within the definition of essential cookies, such as cookies used to analyze your behavior on a website (“analytical” cookies) or cookies used to display advertisements to you (“advertising” cookies). For further information on the cookies we use, please refer to our Cookie Policy. The legal basis for processing is our legitimate interest and your consent.

 

1. Cookie consent

Our website uses a cookie consent tool, to obtain your consent to the storage of cookies and to document this consent. When you enter our website, the following Personal Data is transferred to us via our cookie consent tool: i) Your consent(s) or revocation of your consent(s); ii) Your IP address; iii) Information about your browser; iv) Information about your device; v) Time of your visit to our website. The basis for processing is our legitimate interest and your consent.

 

1. Contact options

We process and store the Personal Data provided in the contact enquiry solely for the purpose of processing and responding to your enquiry and contacting you. If you contact us, we will process the data you provide to respond to you and answer your questions and requests. In doing so, the principle of data economy and data avoidance is observed in that you only have to provide the data that we absolutely need from you in order to contact you. These are usually your first and last name, your email address, the topic selection, and the message field itself. In addition, your IP address is processed out of technical necessity and for legal protection. The legal basis for processing is our legitimate interest, the provision or initiation of a contractual service, and your consent.

 

1. Shopping with us

We process your first name, last name, e-mail address, billing address, address, and shipping address for the delivery of your order and the data related to your contract with us to handle the contractual relationship. In terms of shipping, we are shipping directly through our supply company in Turkey and passing on your delivery details to our supplier and their selected carriers. The legal basis for processing is the provision of a contractual service.

 

1. User account

It is also possible for you to register for an account. For this purpose, you can choose a password together with your email address, both of which will enable you to log in more easily without having to enter your data again when you make a future purchase or to access your order history. We will hold your data for further orders as long as you have your account with us.

 

1. Personal Data of Third Parties

Where any Personal Data relates to a third party, you represent and warrant that the Personal Data is up-to-date, complete, and accurate and that you have obtained the third party’s prior consent for our collection, use and disclosure of their Personal Data for the Purposes.

 

1. Payment Data

If you make a purchase, your payment will be processed via our payment service provider. Payment data will solely be processed through our payment service provider, and we have no access to any Payment Data you may submit. The legal basis for the provision of a payment system is the establishment and implementation of the contract.

 

1. Promotional use of your data

We use your data within the legally permissible scope for marketing purposes, e.g., to draw your attention to special promotions and discount offers. In addition, we may draw your attention to comparable offers by email, e.g., we may inform you about exclusive sales, promotions, or special events. The legal basis for processing is our legitimate interest.

 

1. Administration, financial accounting, office organization, contact management

We process data in the context of administrative tasks as well as organization of our business, and compliance with legal obligations, such as archiving. In this regard, we process the same data that we process in the course of providing our contractual services. The processing bases are our legal obligations and our legitimate interest.

 

1. Economic analyses and market research

For business reasons, we analyze the data we have on business transactions, contracts, enquiries, browsing behaviour, etc. The analyses serve us alone and are not disclosed externally and processed using anonymous analyses with summarized and/or anonymized values. For this purpose, we use Google Analytics, and you can find more information about both in our Cookie Policy. The legal basis is our legitimate interest and your consent.

 

SOCIAL MEDIA

1. General

We are present on social media on the basis of our legitimate interest. If you contact or connect with us via social media, we and the relevant social media platform are jointly responsible for the processing of your data and enter into a so-called joint controller agreement. The Personal Data collected when contacting us is to handle your request and the bases are both your consent and our legitimate interest.

 

1. Market research and advertising

In addition, your data may be processed for market research and advertising purposes. For example, usage profiles can be created from your usage behavior and the resulting interests. This allows, for example, advertisements to be placed within and outside the platforms that presumably correspond to your interests. The legal basis is our legitimate interest.

 

1. When you visit our profiles and interact with us and others

When you visit our social media profiles, we, as the operator of the profile, process your actions and interactions with our profile (e.g., the content of your messages, enquiries, posts, or comments that you send to us or leave on our profile or when you like or share our posts) as well as your publicly viewable profile data (e.g., your name and profile picture). Which Personal Data from your profile is publicly viewable depends on your profile settings, which you can adjust yourself in the settings of your social media account. The legal basis is our legitimate interest and your consent.

 

MARKETING

Insofar as you have given us your separate consent to process your data for marketing and advertising purposes, we are entitled to contact you for these purposes via the communication channels you have given your consent to.

 

You may give us your consent in a number of ways including by selecting a box on a form where we seek your permission to send you marketing information, or sometimes your consent is implied from your interactions or contractual relationship with us. Where your consent is implied, it is on the basis that you have a reasonable expectation of receiving a marketing communication based on your interactions or contractual relationship with us.

 

Direct Marketing generally takes the form of email using the services of Klaviyo (125 Summer St Floor 7, Boston, Massachusetts 02110 USA) but may also include other less traditional or emerging channels. These forms of contact will be managed by us, or by our contracted service providers. Every directly addressed marketing sent or made by us or on our behalf will include a means by which you may unsubscribe or opt out.

 

 

 

ADVERTISING

We would like to show you interesting advertising outside of our website and use various third-party tools and cookies for this purpose. These collect and process information about your activities on our website - for example, which products you are interested in or which pages you visit. By knowing what you are looking for and how you use our website, we can adapt our advertising to your needs. And thus increase the likelihood that you will also be shown suitable and interesting advertising outside our website.

 

We also analyze this data to evaluate the relevance of the advertisements and to optimize the advertisements for you. Through the tools, your browser regularly establishes a connection to the server of the tool provider when you visit our website. For some tools, we have no direct influence on what data is processed by the providers. The following personal data may be processed by third-party providers i) HTTP header information (e.g., IP address, web browser, website URL, date and time); ii) measuring pixel-specific data (e.g., pixel ID and cookie ID); and iii) additional information about visits to our website (e.g., orders placed, products clicked on). The legal bases for processing are our legitimate interest and your consent in case of cookies.

 

USA SPECIFIC PROVISIONS

The following applies to all users located in the United States. While we understand and appreciate that privacy and consumer data protection laws differ as they are subject to each state's legislature and that no data protection framework similar to the GDPR exists on a federal level, we are committed to follow and apply the for your state relevant privacy rules and regulations. As of the day of drafting, the following other states had enacted privacy and consumer data protection laws:

 

• Colorado Privacy Act (“CPA”);
• Connecticut Data Privacy Act (“CTDPA”);
• Delaware Online Privacy Protection Act (“DOPPA”);
• Florida Digital Bill of Rights (“FDBR");
• Indiana Consumer Data Protection Act (“ICDPA”);
• Iowa Consumer Data Protection Act (“ICDPA”);
• Montana Consumer Data Privacy Act (“MCDPA”);
• Oregon Consumer Privacy Act (“OCPA”);
• Tennessee Information Protection Act (“TIPA”);
• Texas Data Privacy and Security Act (“TDPSA”);
• Utah Consumer Privacy Act (“UCPA”); and
• Virginia Consumer Data Protection Act (“VCDPA”).

 

Further and under consideration of the similarities of the above provisions, no conflict should arise pursuing a uniform approach in granting all users in the USA the same rights and privileges as set out above. However, should ambiguity occur the most stringent provision is chosen to ensure the most comprehensive approach when it comes to protecting your Personal Data.

 

Further, the following also apply:

 

1. i) COPPA (Children Online Privacy Protection Act)

When it comes to the collection of Personal Data from children under the age of 13 years old, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States’ consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online. We do not specifically market to children under the age of 13 years old.

 

1. ii) “Shine the Light”

“Shine the Light” law (Civil Code Section 1798.83) requires us to respond to requests from California asking about the business’s practices related to disclosing Personal Data to third parties for the third parties’ direct marketing purposes. You may make a request about our collection and disclosure of your Personal Data using the contact details provided.

 

• iii) CAN SPAM Act

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations. To be in accordance with CAN SPAM, we agree to the following: If at any time you would like to unsubscribe from receiving future emails, you can email us, and we will promptly remove you from ALL correspondence.

 

1. iv) Telephone Consumer Protection Act (TCPA)

If we process your Personal Data for the purpose of sending you SMS marketing communications, you may manage your receipt of marketing and non-transactional communications from us by replying or texting ‘STOP’ if you receive our SMS communications. In this respect, the data processing is carried out solely on the basis of our consent in personalised direct advertising per SMS.

 

1. v) Controls For Do-Not-Track Features

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ('DNT') feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage, no uniform technology standard for recognising and implementing DNT signals has been finalized. As such, our website does not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this policy.

 

1. vi) Right to complain

Finally, and in regard to the right to complain to a supervisory authority. You have the right to lodge a complaint about our processing of Personal Data with a supervisory authority responsible for data protection. Users based in the above mentioned States may lodge a complaint with the relevant district attorney or attorney general office. However, we would appreciate the opportunity to address your concerns before you contact any supervisory authority.

 

GCC SPECIFIC PROVISIONS

The Gulf Cooperation Council (GCC) has recently introduced data protection laws that are similar to the European Union's General Data Protection Regulation (GDPR). In particular, Saudi Arabia’s Personal Data Protection Law (PDPL), the UAE’s Federal Decree-Law No. 45 of 2021, Bahrain’s

Personal Data Protection Law (PDPL), and Oman’s Personal Data Protection Law (PDPL) are the relevant provisions in the GCC region. Further and under consideration that the GDPR has played a pivotal role, no conflict should arise pursuing a uniform approach in granting all users in the GCC region, the same rights and privileges as set out above. However, should ambiguity occur, the most stringent provision is chosen to ensure the most comprehensive approach when it comes to protecting your personal data.

 

HELP AND COMPLAINTS

If you have any questions about this policy or the information we hold about you, please contact us by email using Arzu.Erikci@zestofashion.com.

 

CHANGES

The first version of this policy was issued on Tuesday, 1st of October, 2024, and is the current version. Any prior versions are invalid, and if we make changes to this policy, we will revise the effective date.