FUTURE SELF CLOTHING LTD, of Aviation House, 125 Kingsway, London WC2B 6NH, United Kingdom (hereinafter “we”, “us", “our”) is committed to respecting your privacy and complying with laws and regulations to ensure that the personal information you give us is kept secure and processed fairly.
How and why we collect and use your personal information
We may collect and use your personal information for the following purposes:
Service Registration, Purchase and Shipping
If you choose to sign up to our Services or make a purchase through our Services we ask you to provide the following personal information:
- first and last name,
- user email,
- telephone number,
- shipping address
as well as any additional information set out in the registration form or checkout page. We process this information so you are able to register an account, use the Services and buy products and services, in accordance with the terms agreed between us.
If you make a purchase we use this personal information to process your order and fulfil the contract with you, including for processing your payment and shipping your purchase. We may also use your personal information to detect and prevent fraud and misuse of our Services.
Customer Support & Your Enquiries
We may use your personal information to provide customer support in respect of your orders and respond to your concerns or complaints.
If you contact us about our Services or your orders, the forms you complete or the emails you send may include information about you, such as your name, your email address and information about your enquiry. We use this information to respond to your enquiries in the pursuit of our legitimate interests of promoting our business and supporting our customer base.
You are under no obligation to provide us with any details, but if you don’t provide all relevant information, we may not be able to help.
Analysis of Service Use (cookies and general analytics) and marketing
We are always trying to improve our Services in order to provide the best experience possible, taking into consideration the needs and preferences of our customers. To evaluate and improve our Services we monitor their use, which may include processing personal information relating to you or your purchases.
We process this information to understand how visitors use our Website and to compile statistical reports regarding that activity (for example, your IP address is used to approximate the country from which you access our Website. We aggregate this information to understand, for example, what proportion of visitors to our Website come from a specific territory).
This processing is necessary for us to pursue our legitimate interests of improving our Website and Services, developing additional features and improving monetisation.
You can always choose to enable or disable Cookies in your internet browser. By default, most internet browsers accept cookies but this can be changed. For further details, please consult the help menu in your internet browser. For further information about cookies, please see: www.allaboutcookies.org, and how to adjust your browser settings here: www.allaboutcookies.org/managecookies.
We use the analytics tools Google Analytics, provided by Google LLC, for anonymous analysis and reporting of the use of our Website. If you would like to disable Google Analytics, please use this link (https://tools.google.com/dlpage/gaoptout/) to access an opt-out plug in which prevents further processing of your data in this way.
Where Google Analytics information is available, we also use the Google Optimize service from Google LLC, to help understand which variations of our website visitors prefer. Shopify, Inc. hosts our Website and we use their analytics tools to understand how visitors use our Website and Services, including to find out whether you only made it part of the way through the purchase process (so we can contact you to check whether you encountered a problem and still want to complete your purchase).
We use Mailchimp (operated by The Rocket Science Group LLC) to send you emails about your orders, and also to send you information about our products and services if you have signed-up to receive them, in which case we will sometimes be able to track whether those on our mailing list have opened and read an email, and followed any of the links in those emails.
This processing is necessary for us to pursue our legitimate interests of improving our Website and Services, developing additional features and improving monetisation. Processing of your personal data by Mailchimp in relation to your orders is necessary for us to perform our obligations under a contract with you or to take steps at your request before entering a contract.
SMS/MMS Mobile Message Marketing Program Terms and Conditions
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at email@example.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in London, before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Future Self’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
Tax and other legal obligations
We use your personal information
- if you make a purchase, for reporting VAT and other company tax reporting purposes (as required by law) and
- for complying with regulators, law enforcement agencies or in relation to any claims that may arise.
We process this personal information in accordance with our legal obligations.
Who we share your information with
Activities which are carried out by third party service providers include: website hosting (Shopify), payment service providers (PayPal and Stripe) for payment processing, print on demand manufacturing and fulfilment (Push Entertainment), delivery service providers for shipping of purchase (DPD, Royal Mail, DHL).
We only provide these companies with the information which they need to carry out their services for specified purposes and in accordance with our instructions, and they will not be permitted to use the information for other purposes. We require all third parties to treat your personal information as carefully and confidentially as we do and to take appropriate security measures to protect your personal information in line with our policies.
You should be aware that if we are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your personal information or any other information we obtain about you, we are entitled do so.
If another company acquires us or all or some of our assets, that company will possess the same information and will assume the rights and obligations with respect to that information, in which case you will be notified via email and/or a prominent notice on the Website of any changes in ownership or use of your information, as well as any choices you may have regarding that information.
Except as set out above, we will never sell, distribute or disclose any of your personal data to any third party without your express consent.
Please be aware that, while we make the security of our Website and your personal information a high priority and we devote considerable time and resources to implementing and maintaining robust information technology security, no security system can prevent all security breaches. By choosing to share your personal information with us, you accept the aforesaid and provide your information at your own risk.
International data transfers
We store your personal information only within the EEA.
Specific providers we work together with may be based outside the European Economic Area (EEA). Countries outside of the EEA offer varying standards for the protection of personal data and your privacy rights and in some cases these standards are lower than equivalent EEA standards. When we send your personal data outside the EEA to our service providers, we have in place the EU Commission-approved standard contractual clauses in the form of an appropriate data transfer agreement or other adequate safeguards to ensure appropriate data protection.
For further information about these safeguards you can contact us at firstname.lastname@example.org
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. 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 requirements.
Where you have provided us with personal information in order to set up an account with us, we will retain those details for as long as your account remains active.
Where we obtain your personal data in relation to the use or purchase of our services or products, including VAT or invoicing information, we are obligated by law to keep this for a minimum of 6 years.
We do not knowingly solicit data from or market to children under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at email@example.com. We will delete such information within a reasonable time.
Your rights in relation to personal data which we process relating to you
You have the following rights over the way we process personal data relating to you. We aim to comply without undue delay in response to any requests by you:
- to request a copy of data we are processing about you and have inaccuracies corrected;
- to request us to restrict or stop our processing, or to delete your personal data;
- to request a machine readable copy of your personal data, which you can use with another service provider. Where it is technically feasible, you can ask us to send this information directly to another provider if you prefer; and
- to make a complaint to a data protection regulator.
Please send your requests to firstname.lastname@example.org. Please note that we may require you to verify your identity before allowing you to access your personal information.
You can contact us if you have any questions regarding this policy or the use of your data at email@example.com.