Privacy Policy

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Introduction
What Information is Being Collected?
How and why are we using this data?
How is it collected?
How is your data stored and protected?
How long do we store your data for?
How is your data shared?
What are your rights?
Changes
Contact Us

1. Introduction

This Privacy Policy sets out how personal information and data may be collected, used, shared and processed by Marque of Brands B.V., of Toermalijnstraat 3a, 1812 RL Alkmaar, The Netherlands, acting as the controller, when using the following websites that are owned and controlled by MARQ Labs.

By using the Sites, registering with us, interacting with us on our relevant Social Media and purchasing Items from – outlets and Third Party Platforms you are accepting and consenting to the terms of this policy.

This Privacy Policy does not apply to the practices of third parties. In this Privacy Policy, “MARQ Labs”, “we,” “us,” “our,” and other similar references mean Marque of Brands, “you” and “your” and other similar references mean any user of the Service, and “MARQ Labs Affiliates” means any parent, subsidiary, member, officer, director, employee, agent, or contractor of MARQ Labs or any entity under common control with MARQ Labs.

We take our customers privacy seriously and we will only collect and use your personal information as outlined below and in accordance with the General Data Protection Regulation (GDPR) (EU) 2016/679, respectively the UK GDPR.

2. What Information is Being Collected?

MARQ Labs collects personal information about you whenever you visit our webpages, shop with us or use our services. Some of this information you give to us directly when, for example, you place an order on one of our websites which allows us to perform our duty to you and ensure a better, personalised experience.

Personal data means any information about an individual from which that person can be identified. It does not include anonymised data, where the identity and identifying information has been deleted.

The following groups of personal data are collected:

Identity Data includes information such as: first name, last name, title, date of birth (optional), occupation, personal description, photo and gender.
Contact Data includes information such as: email address, billing address, delivery address, location, country, telephone number, loyalty programme membership number, and social media id (if you log in by social media).
Financial Data includes information such as: payment card details and bank account.
Transaction Data includes information such as: details of your purchases and the fulfilment of your orders (such as basket number, order number, subtotal, title, currency, discounts, shipping, number of items, product number, single item price, category, tax etc.); payments to and from you and details of other products and services you have obtained from us, correspondence or communications with you in respect of your orders, and details of any rewards and bonuses awarded.
Technical Data includes information such as: details of the device(s) you use to access our services, your internet protocol (IP) address, login data, your username and password, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform.
Profile Data includes information such as: purchases or orders made by you, product and style interests, preferences, feedback, and survey responses.
Usage Data includes information such as: how and when you use our website/app, how you moved around it, what you searched for; website/app performance statistics, traffic, location, weblogs and other communication data; loyalty programme activities; and details of any other MARQ Labs products and services used by you.
Marketing and Communications Data includes information such as: your preferences in receiving marketing from us and our third parties and your communication preferences.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

3. How and why are we using this data?

We will only collect and use your personal data for the following purposes, to:

Provide, improve, and develop our products and services
Communicate with you
Perform the contract we are about to enter into or have entered into with you
Offer and measure targeted advertisements and services
Promote safety and security

We will only collect and process your personal data where we have a legal basis to do so pursuant to Article 6(1) of the General Data Protection Regulation (EU) 2016/679 (“GDPR”); respectively UK GDPR. The legal basis for our collection and use of your personal data varies depending on the manner and purpose for which we collected it.

We will only collect personal data from you when:

we have your consent to do so, or
we need your personal data to perform a contract with you. For example, to process a payment from you, fulfil your order or provide customer support connected with an order, or
the processing is in our legitimate interests and not overridden by your rights, or
we have a legal obligation to collect or disclose personal data from you.

Purpose/Activity	Type of data	Lawful basis for processing including basis of legitimate interest
To create an account and register you as a new customer (either directly or via social media).	Identity Contact	Performance of a contract with you
To process and deliver your order including: recording your order details; keeping you informed about the order status; process payments and refunds, collect money owed to us; and assist fraud prevention and detection.	Identity Contact Financial Transaction	Performance of a contract with you Necessary for our legitimate interests (e.g. to recover debts due to us)
To process and deliver your order including: recording your order details; keeping you informed about the order status; process payments and refunds, collect money owed to us; and assist fraud prevention and detection.	Identity Contact Financial Transaction	Performance of a contract with you Necessary for our legitimate interests (e.g. to recover debts due to us)
To manage our relationship with you, including: providing you with any information, products and services that you request from us; notifying you about changes to our services, terms and conditions or privacy notice; asking you to leave a review or take a survey.	Identity Contact Profile Marketing and Communications	Performance of a contract with you Necessary for our legitimate interests (to keep our records updated and to study how customers use our products and services)
To enable you to take part in a competition, event, survey, or receive a reward for shopping with us.	Identity Contact Profile Usage Marketing and Communications	Necessary for our legitimate interests (to study how customers use our products and services, to develop them and grow our business) Where you have decided to enter into a competition or event, for the performance of a contract with you
To administer, protect and improve our business and our website/app, including: troubleshooting, data analysis, testing, system maintenance, support, data analysis, reporting and hosting of data; setting default options for you, such as language and currency.	Identity Contact Profile Technical Transaction Marketing and Communications	Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, and to detect and prevent fraud) Necessary to comply with a legal obligation
To deliver relevant website content, online advertisements and information for you; and measure the effectiveness of the advertising provided.	Identity Contact Profile Usage Marketing and Communications Technical	Necessary for our legitimate interests (to study how customers use our products and services, to develop them, to grow our business and to inform our marketing strategy)
To use data analytics to: improve our website, products, services, marketing, customer relationships and experiences;	Technical Usage	Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
To recommend products, services discounts and offers that may be of interest to you, including to send you such information by email, post or SMS.	Identity Contact Technical Usage Profile Marketing and Communications	Necessary for our legitimate interests (to develop our products and services and grow our business) or Consent
To inform or remind you by email of any task carried out via our website which remains uncompleted, such as incomplete orders or abandoned baskets.	Identity Contact Usage	Necessary for our legitimate interests (to improve the shopping experience of our customers)

Marketing

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.

Promotional offers from us

We may use your Identity, Contact, Technical, Usage and Profile Data 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 or purchased goods or services from us and you have not opted out of receiving that marketing.

Third-party marketing

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

Opting out

You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us at any time at eu.contact@marqgroup.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.

Cookies

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see:

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 contact us.

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.

4. How is it collected?

MARQ Labs may collect personal data in the below ways:

Direct interactions
Sometimes you will directly provide us with your personal information in using our Services and Sites. For example, we often ask your name, email address if you sign up with us or enter a competition with us; we ask for your payment and shipping details to fulfil your orders when a purchase is made; or the information you provide when you contact us with an enquiry or feedback.

Automatic
Some data is automatically collected when you visit our Sites or use our Services. For example, we collect information on how often you use the Services, the pages you visit, the links you click, how you have accessed our Sites and Services (including browser and device information) and the items you have put into your shopping cart. We may also collect your location data (as indicated by an Internet Protocol [IP] address).Please see our Cookie Policy for further details:

Third parties
We may also receive data from our third-party partners and service providers to analyze how users use our Sites and Services. We use this aggregated information to better understand and optimize our Sites and Services for a better user experience.

5. How is your data stored and protected?

MARQ Labs ensures that all information collected will be safely and securely stored.

We have appropriate organisational safeguards and security measures in place to protect your data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed.

The communication between your browser and our websites uses a secure encrypted connection wherever your personal data is involved. We encrypt your data and store it on secure servers hidden behind a firewall.

We require any third party who is contracted to process your personal data on our behalf to have security measures in place to protect your data and to treat such data in accordance with the law.

In the unfortunate event of a personal data breach, we will notify you and any applicable regulator when we are legally required to do so.

6. How long do we store your data for?

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

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, regulatory, tax, accounting or other requirements.

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

In some circumstances we will 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.

7. How is your data shared?

We may disclose and share your personal data with the parties set out below:

where you have consented for us to do so. For example, if you have consented to receive marketing materials from third parties, or in respect of third parties’ (including co-branded or jointly promoted) products and services, we may pass your data on to the relevant third parties for the purpose of sending you such marketing communications;
to business partners, suppliers, subcontractors and other third parties that we use in connection with the running of our business for the purposes set out in the table above in the section ‘How and why are we using your data?’, such as:
- third party service providers that we engage to provide IT systems and software, and to host our website;
- third party payment processing services (including Shopify Payments, Clearpay, Afterpay, Zip, Klarna, Stripe, iDeal, Bancontact, and Paypal) to process your payment to us. MARQ Labs does not store your payment information. Your payment details are provided to the payment processing service you have selected, who are compliant with necessary regulations;
- third party service providers that we engage to deliver goods you have ordered;
- third party service providers that we engage to send emails and postal mail on our behalf including in relation to incomplete orders or abandoned baskets, or marketing communications, to provide data cleansing services and to provide marketing and advertising services;
- analytics and search engine providers that assist us in the improvement and optimisation of our website;
- affiliate networks through whom you have accessed our website;
to any third party to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this Policy.
to protect our customers and websites from fraud and theft, we may share personal data that is required to make identity checks and personal data that we obtain from making identity checks (including data relating to your age, name and location), together with account information, with organisations (including law enforcement agencies), involved in fraud prevention and detection and credit risk reduction. Please note that these third parties may retain a record of the information that we provide to them for this purpose;
if we are under a duty to disclose or share your personal data in order to comply with any legal obligation; or
to our professional advisers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services.
The personal data we collect from you may be transferred to, and stored at, destinations outside the European Economic Area (“EEA”) using legally-provided mechanisms to lawfully transfer data across borders. It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff may be engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. We will take all steps necessary to ensure that your data is treated securely and in accordance with this privacy notice.

8. What are your rights?

Under certain circumstances, you have rights under data protection laws in relation to your personal data. These rights are explained below:

Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:

If you want us to establish the data’s accuracy;
Where our use of the data is unlawful but you do not want us to erase it;
Where you need us to retain the data even if we no longer require it as you need it to establish, exercise or defend legal claims;
You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it;

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise any of the rights set out above, please contact us at [DPO@mibellegroup.com].

No fee usually required

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 could refuse to comply with your request in these circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it could 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.

Children

While our websites are designed for a general audience, we will not knowingly collect any data from children under the age of 18 or sell products to children. If you are under the age of 16, you are not permitted to use or submit your data to the website.

If we learn that we have collected the personal data of a child under 16, or the equivalent minimum age depending on the jurisdiction, we will take steps to delete the data as soon as possible. Please immediately contact us if you become aware that a child under 16 has provided us with personal data.

9. Changes

We may periodically update this policy for reasons such as regulatory requirements, updating technologies and industry practices. Any minor and non-material changes will take effect immediately upon posting of the Policy. We will notify you about significant changes by sending a notice to the primary email address specified in your primary account holder account or by placing a notice on our site.

Your continued use of our services after the effective date of the Privacy Policy means that you accept and agree to the changes to the Policy.

11. Contact Us

Please contact us if you have:

Any questions or feedback in regard to this Policy and/or its implementation
If you would like us to stop using your information
If you would like to exercise any of your rights detailed above

Please contact us via eu.contact@marqgroup.com and we will respond within a reasonable timeframe, and in any event less than 30 days.

This privacy policy was last updated on 31 August 2023.

Marque of Brands B.V.
Toermalijnstraat 3a
1812 RL Alkmaar
The Netherlands

VAT Number: NL 857404969B01