Privacy Policy

October’s Very Own ("OVO", "we", "our", "us") recognizes the importance of your right to privacy and wants you to be familiar with how we collect, use and disclose any personal information that individually identifies you. For the purposes of the Data Protection Act 1998, October’s Very Own is the data controller.

This Privacy Policy explains how we collect, use, disclose and protect your personal information when you use or purchase merchandise ("Products") or associated services such as delivery through our website (collectively, the "Site") or our OVO Store mobile application (the "App"). This Privacy Policy is incorporated into and forms part of our Terms of Use, which outline the terms and conditions you agree to when using our Site and App. We will only collect, use and disclose your personal information in accordance with this Privacy Policy.

By using our Site and App and supplying your personal information, you acknowledge that you have read and understood this Privacy Policy, and you consent to the collection, use, disclosure and other processing of your personal information as outlined in this Privacy Policy. If you do not agree to the terms of this Privacy Policy, please do not use our Site or App or supply your personal information to us.

1. What Personal Information do we collect?

Personal information means any information about an identifiable individual. Anonymous data means data that is not associated with or linked to any individual’s personal information or will not easily permit the identification of individuals ("Anonymous Data"). The types of personal information that we may collect include, but is not limited to:

• your name;
• your address;
• you age and date of birth;
• your telephone number;
• your email address;
• other information you provide when you register to use our Site or App, place an order on our Site or App, subscribe for any newsletters, enter any competition, promotion, raffle or survey, participate in any social media functions on our site or when you report a problem with our Site or App
• your payment information;
• your IP address;
• the type of device(s) you use to access our Site or App;
• the version and build of the App and operating system and platform you are using;
• [a unique device identifier when you use our App for example your device's IMEI number, the MAC address of the device's wireless network interface, or the mobile phone number used by the device), mobile network information, the type of mobile browser you use
• location information
• browsers and plug in types and versions;
• information provided when you download an App or when you share data via our App’s social media functions;
• log information such as details of how you used our Site and App and your time zone setting;
• photographic identification, if required to confirm your identity; and
• personal information you give us that we did not request (such as personal information you voluntarily put into an email to us or give us by phone or some or some other method);
• information about your visit, including the full Uniform Resource Locators (URL), clickstream to, through and from our Site or App (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.

2. Purposes for Collecting Your Personal Information

We collect, use and disclose your personal information in order to provide you with our Site and App and so that you may purchase our Products and to provide you with the information, products and services that you request from us. We also collect, use and disclose your personal information to comply with legal and regulatory requirements and as otherwise may be permitted or required by applicable laws. We will only use the personal information that we collect for the purposes for which it was collected. We collect your personal information for the following purposes and in accordance with applicable laws:

• to provide you access to our Site and App;
• to verify your identity;
• to establish and maintain commercial relations with you, including fulfilling your orders through our Site or App;
• to respond to questions that you send by email or through our Site or App;
• to contact you about the Products you have purchased, including notifying you about updates or to send you any Products you have purchased from us;
• subject to applicable law, to notify you about other products, services and events which may be of interest to you;
• subject to applicable law, to provide you with newsletters and articles;
• to customize the appearance of the Site and App displayed to you;
• as part of our efforts to keep our Site and App safe and secure;
• to track behavioural information on the Site and App to serve similar content upon future visits;
• to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
• to make suggestions and recommendations to you and other users of our Site and App about products or services that may interest you or them
• to improve the Site and App and help us develop new products, services, apps, tools and Site and App features;
• to support our business functions such as internal business processes, marketing and advertising; and
• to meet any legal or regulatory requirements.

3. When Do We Collect Personal Information?

We may collect your personal information when you voluntarily provide it to us by using our Site and App. For example, we may ask you to provide personal information if you:

• use our Site and App;
• purchase a Product on our Site and App;
• register, update or create an account on our Site and App;
• sign into your account;
• send us a question or comment by email or phone;
• participate in our contests;
• register to receive newsletters, articles and updates about our Site and App; and
• otherwise participate in features of our Site and App that ask for personal information.

Any personal information posted, used or disclosed on a Facebook page, Instagram page, Twitter page, Tumblr page or other social networking page or site is subject to that website’s privacy policy, and is not subject to this Privacy Policy.

4. Limiting Collection of Personal Information

We limit the collection of personal information to that which is necessary to fulfill the purposes identified in this Privacy Policy and we collect, use and disclose your personal information only in accordance with this Privacy Policy.

5. Use, Disclosure and Retention of Personal Information

Your personal information will not be used without your consent for purposes other than those for which it was collected or in accordance with applicable laws. From time to time, we may wish to use personal information for new or additional purposes, in which case we will amend the Privacy Policy to include these new or additional purposes and will obtain your consent through your continued use of our Site and App or as required by applicable law. We will also let you know when this Privacy Policy is updated.

We may generate Anonymous Data (that is data that cannot identify you either by itself or when associated with other data) from personal information collected through the Site and App by removing information that makes the data personally identifiable to an individual. Such Anonymous Data includes, but is not limited to, information we collect from your use of our Site and App. We may use this Anonymous Data and aggregated data for any reasonable purpose subject to applicable laws and disclose such data to third parties in our sole discretion.

We retain your personal information only for as long as we need it to fulfill the purposes for which it was collected, to ensure your compliance with our Terms of Use, and to comply with our legal obligations.

We may also use and disclose your personal information to service providers, data processors and other third parties ("Third Parties") under the following limited circumstances:

• to Third Parties that help with our operations and Site and App including, without limitation, for customer services, monitoring and analyzing Site and App activity, and operating and maintaining the Site and the App. Such Third Parties may only use your personal information for the purposes described in this Privacy Policy;
• when necessary to protect our safety, property or other rights, our representatives, customers and users of the Site and the App, including to detect and prevent fraud;
• if we sell or transfer all or a portion of our business or assets to a related company or a third party. Your personal information will remain subject to our pre-existing Privacy Policy unless you agree to the privacy policy of the company or third party that acquires your personal information;
• with your consent; or
• to our group companies or associated companies but only for the purposes permitted by this Privacy Policy and subject to compliance with applicable law; or
• when otherwise required or permitted by law.

6. Data Processors in Other Countries

Your personal information that we collect from you will be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). It will also be processed by staff operating outside the EEA who work for us or for one of our associated companies or Third Parties (as defined below). This includes staff 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 information, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your personal information is treated securely and in accordance with this privacy policy. As discussed above, we may engage Third Parties to perform certain services on our behalf and to otherwise assist in the purchase of our products by you through our Site and App. These Third Parties may store, process and transfer personal information on servers located outside of the EEA in jurisdictions whose data protection laws may differ from those in the EEA, such as the United States of America and Canada. As a result, personal information may be subject to access requests from governments, courts, or law enforcement in those jurisdictions according to the laws in those jurisdictions. For example, information may be shared in response to valid demands or requests from government authorities, courts and law enforcement officials in those countries.

7. Links to Other Sites

Our Site and App may contain links to other sites that are independently owned and operated by third parties. These other sites may have their own privacy policies and are not governed by this Privacy Policy. We are not responsible for the privacy practices or the content of any sites owned and operated by any third parties. Other sites may collect and treat information collected differently, so we encourage you to carefully read and review the privacy policy of each site you visit.

8. Providing Payment Information

We use Third Parties to process transactions through our Site and App. We use commercially reasonable efforts to select an appropriate company to maintain the confidentiality and security of your payment information. At present, when you pay for our Products on our Site and App, your payment will be processed by Shopify Inc. ("Shopify"). Our Site is hosted on Shopify’s platform and as such, your personal information is stored on Shopify’s servers which are outside the EEA and you consent to this. When paying for our Products, Shopify will collect payment information from you, such as your credit card numbers and expiration dates and any other personal information necessary to process your payment.

OVO and Shopify will send emails to you regarding the processing of your online payment. Your use of Shopify is governed by the agreement between you and Shopify. If you have any questions or concerns about your payment information or your agreement with Shopify, please contact Shopify at 1-888-746-7439 or www.shopify.com.

In addition, when you pay for our Products on our Site and App, we provide your personal information to Signifyd Inc. ("Signifyd"), a Third Party who we have engaged to detect, prevent, and analyze fraudulent transactions. Signifyd uses your information to determine if the payment information provided is fraudulent prior to us fulfilling your order. We may ask you for additional information to confirm your identity when you purchase Products from us. For example, if Signifyd notifies us that a transaction may be fraudulent, we may ask you for additional information before processing your Order, such as a copy of your photographic identification. If you would like more information about Signifyd, please review Signifyd’s Terms of Service available at: https://www.signifyd.com/terms.

9. Cookies, Web Beacons and Other Similar Technology

As you interact with this Site and our App, we may use automatic data collection technology and services that record and collect information that identifies your computer, tracks your use of this Site and our App and collects certain other information about you and your surfing habits. This data collection technology may include cookies, web beacons and other similar devices on this Site and our App to enhance functionality and navigation for our visitors.

A cookie is a small data file that is placed on the hard drive of your computer so that your computer will “remember” information when you visit a site. Web beacons and tags are small strings of code that are used in conjunction with a cookie and allow us to record activity on our Site. Internet tags, graphic tags and similar web beacon type functions allow us to count the number of users who have visited a particular web page or to access certain cookies. We may use web beacons on this Site to count users and to recognize users by accessing our cookies. Being able to access our cookies allows us to personalize this Site and improve your experience at our Site. We may also include web beacons in HTML-formatted e-mail messages that we send to determine which e-mail messages were opened. Information tracked through these mechanisms includes, but is not limited to: (i) your IP address; (ii) the type of web browser and operating system being used; (iii) the pages of the Site a user visits; and (iv) other sites a user visited before visiting our Site.

We may also employ cookies and action tags (also known as single pixel gifs or web beacons) to collect information about your use of, and activities on, our Site for our use but also for use by third parties that serve advertisements about OVO on other sites you may visit. For instance, we may use Third Party programs/services, such as AdSense or AdWords run by Google Inc. (“Google”), to serve advertisements on our behalf across the Internet. These Third Party programs/services may collect information about your visits to our Site, and your interactions with our App. In addition to the information about your visits to our Site, Third Parties may also use the information about your visits to other sites to target advertisements for services available from OVO.

You can set your internet browser up so that you are notified when cookies are stored. You can decide in each individual case whether you want to accept cookies, or you can refuse to accept any cookies. However, if you do not accept cookies, you may be restricted in how you are able to use our Site. You can delete cookies that are already stored on your hard disk at any time. You will find more details on how to do this in the operating guide for your Internet browser program.

As described above, you may be able to set your browser to refuse cookies. If you refuse cookies you may still receive online advertising, but it may be less personalized.

10. Third Party Analytics

Our Site uses third party analytics services such as Google Analytics, a web analytics service of Google LLC. ("Google").

Google Analytics uses cookies to analyze how you use our Site. The information generated by the cookie about your use of our Site (including your IP address) is sent to a Google server in the U.S. and stored there. Google will use this information to evaluate your use of our Site, compile reports on Site activity for our Site operators and to provide other site activity related internet services. Additionally, Google may transfer this information to a third party when required by law or in the case of a third party processing information on Google's behalf. In no event will Google use your IP address in connection with any other information held by Google. You can set your internet browser to prohibit the installation of cookies, although we must point out that some features and functions of our Site will then be unusable. By using our Site, you consent to the processing of data about you collected by Google in the manner described and for the above-mentioned purpose. The consent for collection and storage of data can be withdrawn at any time in the future by clicking on the following link: https://tools.google.com/dlpage/gaoptout?hl=en. Given the debate concerning the use of analytical tools using full IP addresses, we wish to point out that our Site uses the "Anonymize IP" function of Google Analytics that works with a shortened form of IP addresses to avoid direct personal identification.

We also use the cookies to carry out frequency assessments, page usage assessments and marketing assessments. For these assessments, we use this cookie information without a link to your personal information, so it is completely anonymous.

11. Security

We maintain reasonable technical, physical and administrative security safeguards to protect your personal information against loss, theft, and unauthorized access. Any personal information that you provide to us is exchanged on a secured server. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we are committed to protecting your personal information, we cannot ensure or warrant the security of any information you provide to us and any transmission of your personal information is at your own risk.

We take reasonable steps to verify your identity before granting you access to your account on our Site, however, you are solely responsible for maintaining the secrecy of your username, password and any other account information. We also take reasonable steps to ensure that our employees are aware of the importance of maintaining the confidentiality of personal information and that unauthorized persons do not gain access to personal information that we have disposed of or destroyed.

12. Individual Access and Accuracy of Personal Information

You may request access to your personal information which we may hold by contacting us at the contact information set forth below, and we will respond within the time periods provided for under applicable laws. We will need to verify your identity before providing you with the personal information we hold about you. There is no cost for such access request unless permitted by applicable law. We may not be able to provide you with access to your personal information if the information cannot be separated from the personal information of others, cannot be disclosed for reasons of security or commercial confidentiality, or is protected by legal privilege. If we cannot provide you with access to your personal information, we will advise you of the reasons access is being denied, unless we are prohibited by law from doing so.

You may request to update and change your personal information at the contact information set forth below. We will endeavor to correct or complete any personal information which you advise us is inaccurate or incomplete. Where appropriate, the amended information will be transmitted to third parties having access to such information.

13. Children’s Privacy

We are committed to protecting the privacy of children and we do not knowingly solicit personal information from children under the age of 13. If a child has already provided us with personal information, his or her parent or guardian may contact us for the purpose of deleting this information.

14. Electronic Communications

You will always have the opportunity to "unsubscribe" from receiving any of our e-mail or other communications at any time and we will ensure that our e-mails include instructions on how to unsubscribe if you no longer wish to receive future e-mails from us. We provide an on-going opportunity to unsubscribe or opt-out of contact by us by accessing our Site or by e-mail to infoeurope@octobersveryown.net.

You have the right to ask us not to process your personal data for marketing purposes. We will usually 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 infocanada@octobersveryown.net.

If you decide to unsubscribe, we will only contact you (i) for the purposes allowed under applicable law; (ii) to send you notices of changes to our Privacy Policy; or (iii) to receive transactional related messages.

15. Changes to this Privacy Policy

We reserve the right to change or replace this Privacy Policy at our sole discretion at any time. Please check back from time to time to ensure that you are aware of any updates or changes in this Privacy Policy. We will post the most current version on our Site and we will indicate at the top of this page the date this Privacy Policy was last revised. Your continued access or use of this Site or our App after any such changes constitutes your acceptance of the Privacy Policy as revised.

16. Your Consent to the Terms of this Privacy Policy

By using our Site and App and providing us with your personal information, you agree that OVO may collect your personal information and you voluntarily consent to the collection, use, disclosure and transfer of your personal information in accordance with this Privacy Policy. If you do not agree with any terms of this Privacy Policy, please do not use our Site or our App or provide us with any personal information. If you do not understand the nature, purpose and consequences of us collecting, using and disclosing your personal information, please do not use our Site or our App or provide us with any personal information, and contact us at the contact information set forth below so that we can address your questions or concerns.

Subject to legal and contractual requirements, you may refuse or withdraw your consent to certain of the purposes identified in this Privacy Policy at any time by contacting us at the contact information set forth below. If you refuse or withdraw your consent, you acknowledge that we may not be able to provide you or continue to provide you with certain services or information that may be of value to you.

17. How to Contact Us

We welcome your feedback. If you have questions, comments or concerns about this Privacy Policy, or would like to do any of the following:

• see your personal information that you have already sent us so that you can correct, update or delete it from our files;
• if your child under 13 has used this Site or App and sent us personal information, delete that personal information from our files;
• ask that we not send you electronic communications or otherwise contact you; or
• report any violation of this Privacy Policy,

Please contact us at infoeurope@octobersveryown.net, and we will endeavour to get back to you promptly.