Privacy policy

This Privacy Policy (“Policy”) describes how your personal information is collected, used, and shared when you visit or make a purchase from monlivia-blu.com (the “Site”). By using the Site, you (“data subject” or “customer”) agree to the collection and use of information in accordance with this Policy. The Policy is an integral part of the Terms of Service at monlivia-blu.com. 

Monlivia Blu (“we”), with business address 70 Mikinon Street, 4045 Limassol, Cyprus, is generally the controller of the personal information collected (i.e. determines the purposes and means of the processing of personal data).

The Site is being hosted by Shopify Inc. (“Shopify” or “Processor”) which processes all personal information collected when you use monlivia-blu.com. We have obtained sufficient guarantees from the Processor to implement appropriate technical and organisational measures in such a manner that processing will meet the requirements of the General Data Protection Regulation (“GDPR”) and ensure the protection of the rights of the data subject. For information as to the safeguards implemented by Shopify, you may access Shopify’s GDPR Whitepaper (“Whitepaper”) here: https://help.shopify.com/pdf/gdpr-whitepaper.pdf.

As described in the Whitepaper, Shopify Inc. will act as the controller and processor of personal information, in the following circumstances:

  • Customers who use Shopify’s Frenzy flash-sale app to access a merchant’s store.
  • Customers who use Shopify Pay, which allows the customer to store their payment information with Shopify for use across different Shopify stores.
  • Customers who use Shopify’s Arrive app to track the status of orders made from a merchant’s store.

Where Shopify acts as a controller, the applicable privacy policy is Shopify’s privacy policy which may be accessed here: https://www.shopify.com/legal/privacy.

The Processor may only process personal data when authorised by the controller. Monlivia Blu is not liable for any breach of the Processor’s legal obligations under GDPR or any other legislation.   

Personal information collected

When you visit the Site, certain information is automatically collected, by Shopify, about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, information is collected, by Shopify, about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information”. 

Device Information is collected, by Shopify, using the following technologies:

- “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org. 

Shopify places cookies on the Site, some of which are necessary for the functioning of the store and some of which are used for limited reporting and analytics purposes (see below further). You may find the list of cookies placed on the Site at: https://www.shopify.com/legal/cookies, under “Merchant storefronts”.

- “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.

- “Web beacons”, “tags”, and “pixels” are electronic files used to record information about how you browse the Site.

Additionally, when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including debit/credit card numbers), email address, and phone number. We refer to this information as “Order Information”.

When we talk about “Personal Information” in this Privacy Policy, we talk both about Device Information and Order Information.

We do not collect any data belonging to the “special categories of personal data” as defined by the GDPR. Nor do We or our Processor sell any of your personal information to others.

How do we use your personal information?

We use the Order Information that we collect generally to examine, enter into, and fulfill any orders placed through the Site (including processing your payment information, arranging for delivery/shipping, and providing you with invoices/order confirmations etc.) or other contractual obligations. Additionally, we may use your email address or phone number to communicate with you with regards to your placed order (e.g. issues with accepting your order, shipping/delivery notifications etc.), or any other actions associated with your order (e.g. refund/exchange/inquiry etc.); Hence, Order Information is necessarily processed for the performance of a contract to which the data subject is party, or in order to take steps at the request of the data subject, prior to entering into a contract, or for the data subject’s legitimate interests of being informed about their actual/potential order.  

Additionally, we use this Order Information to screen our orders for potential risk or fraud. This constitutes a legitimate interest and is a necessary step for us to take before we are able to accept or reject an order and potentially proceed with performance of a contract to which the data subject is party. 

The provision of accurate and complete Order Information is necessary for us to be able to proceed with examining, accepting, amending, fulfilling etc. your order or any subsequent related actions (e.g. refunds, exchanges etc.). If you fail to provide accurate and complete Order Information we will not be able to examine, enter into or fulfill (ourselves or by the use of any party) any contractual obligation owed to you, whether wholly or partly.

Furthermore, on the basis of the consent (if any) you have provided us with, we may use your email address in order to provide you with information or advertising relating to our current/upcoming products. 

We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address). In addition, we may use Device Information to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site) and to assess the success of our marketing and advertising campaigns in order to inform our marketing strategy and develop our business. We consider these purposes to be legitimate interests for us or any of the third parties we use (e.g. Shopify) to pursue, which do not seriously impact any person’s rights or freedoms.  

Shopify uses elements of automated decision-making in the following circumstances:

  • Temporary blacklist of IP addresses associated with repeated failed transactions (persists for a small number of hours)
  • Temporary blacklist of credit cards associated with blacklisted IP addresses (persists for a small number of days).

 

Sharing your personal Information

We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Shopify to power our online store - you can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy. 

Shopify uses Google Analytics to help us understand how our customers use the Site - you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout. 

Please note that within the European Economic Area (“EEA”), personal data is received and initially processed by Shopify’s Irish entity, Shopify International Ltd. Data is then exported from the EEA to Shopify’s Canadian parent entity, Shopify Inc. This export takes place within Shopify’s corporate structure. Data within Shopify Inc. is protected under PIPEDA, Canada’s private sector privacy legislation, which is considered adequate under the GDPR (see: https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/adequacy-decisions_en).

Shopify Inc. uses a combination of data centers and cloud service providers to store this personal data in the United States and Canada. When personal data is transferred to the United States, it is either done so through the EU-U.S. and Swiss-U.S. Privacy Shield, for Shopify’s own storage, or through contractual data protection addenda (DPAs) with third-party service providers. The EU-U.S. and Swiss-U.S. Privacy Shields are also considered adequate under the GDPR. Shopify’s Privacy Shield certification statement can be found on PrivacyShield.com. Shopify’s list of sub-processors may be found here: https://help.shopify.com/en/manual/your-account/privacy/GDPR/subprocessors.

Additionally, Shopify is in the process of applying for approval of Binding Corporate Rules (“BCRs”) by the Irish Data Protection Commissioner. After they are approved, Shopify will rely on these BCRs to protect the personal data that is transferred between Shopify’s corporate entities worldwide.

Furthermore, Shopify encrypts data sent to and from merchants and customers using the HTTPS protocol. Shopify also salts and hashes merchant and customer passwords using bcrypt. For more information regarding Shopify’s data protection safeguards, you may access Shopify’s GDPR Whitepaper (“Whitepaper”) here: https://help.shopify.com/pdf/gdpr-whitepaper.pdf, and Shopify’s privacy policy here: https://www.shopify.com/legal/privacy.

Finally, we may also share your Personal Information to comply with applicable laws and regulations (e.g. to maintain records for reporting or tax purposes), to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights. 

Do not track

Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.

Your rights

 If you are a European resident, you have various rights under the GDPR, outlined here-below:

  • Request information about whether we hold personal information about you, and, if so, what that information is and why we are holding/using it.
  • Request access to your personal information (commonly known as a "data subject access request"). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
  • Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
  • Request erasure of your personal information. This right may be exercised subject to conditions, depending on the grounds for requesting erasure (e.g. there must be no overriding legal obligation or legitimate grounds).
  • Object to processing of your personal information where we are relying on a legitimate interest (or that of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your personal information for direct marketing purposes.
  • Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.
  • Request transfer of your personal information in an electronic and structured form to you or to another party (commonly known as a right to “data portability”). This enables you to take your data from us in an electronically useable format and to be able to transfer your data to another party in an electronically useable format.
  • Withdraw consent. In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law. Your withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.
  • Lodge a complaint with supervisory authority by contacting the Data Protection Commissioner in Cyprus. Contact details may be found here: http://www.dataprotection.gov.cy/dataprotection/dataprotection.nsf/contact_el/contact_el?opendocument.

 The above is a summarised interpretation of your main rights under GDPR and does not constitute authoritative legal advice. For more information as to your rights please consult a specialist local lawyer/review the GDPR here: https://eur-lex.europa.eu/eli/reg/2016/679/oj.

If you would like to exercise any of these rights, please email us at info@molivia-blu.com. Please note that we may request specific information in order to help us confirm your identity and help us ensure your right to access your personal data (or exercise any of your other rights), as a security measure.

Data retention

When you place an order through the Site, we will maintain your Order Information for our records for as long as required by law (e.g. the Cyprus retention period for accounting books and records and supporting documentation is six years from the end of the tax year to which the records relate).  

We may keep your Order Information for longer, if it is necessary to serve a legitimate interest of ours (as described above), unless and until you ask us to delete this information, provided there is no overriding legal reason or legitimate interest not to delete the information. 

Any Personal Information we hold that is based on your provision of consent, will be retained until you revoke your consent (which can be done at any time).

Changes

We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.

Minors

The Site is not intended for individuals under the age of 16.

Contact us

For more information about our privacy practices, if you have questions, you would like to exercise a right, or make a complaint, please contact us by e‑mail at info@monlivia-blu.com or by mail using the details provided below:

Monlivia Blu

70 Mikinon Street, 4045 Limassol, Cyprus