Connection

4. How We Use Personal Information

We may use the personal information we collect for various purposes associated with the operation and promotion of our Platform and the transactions that take place on it. These include:

We may also use or disclose the information we collect as required or permitted by law or with your consent. We may also use it to enforce any agreement you have with us, including our Terms of Use. We may use personal information to produce anonymous, non-identifiable information and use or disclose such information in any way we deem appropriate.

5. Cookies And Other Tracking Technologies

TWISH™ uses cookies and other technologies to collect information when you visit our Platform. We use these technologies to collect information such as your device and browser type, the date and time of your use sessions, your IP address, what you search for, your operating system, and your browsing and buying patterns on the Platform. We use this information to improve our platform and services, including analyzing platform usage to enhance user-friendliness and track down and prevent fraud and security issues. If you are suspended from the Platform, we may use your IP address to enforce the suspension.

We may work with third parties, including Google, to collect this information. We utilize Google Analytics and Google Tag Manager to track user information such as user location as inferred from IP address, the amount of time a visitor spends on our Platform, which pages are more frequently accessed, how the Platform is accessed (either directly, a search engine, or from a link), what sort of software is used (e.g., operating system, browser type, etc.), as well as demographics. Google Analytics uses IP addresses to determine unique visitors and general geolocation data. Google offers an opt-out mechanism here (https://tools.google.com/dlpage/gaoptout/) and can alter your ad settings here (https://www.google.com/settings/ads/anonymous).

Please visit our Cookie Policy for more information about cookies, tracking, and how we use tracking technologies on our website.

6. Legal Basis For Processing

For Canadian law, we process your personal information with your consent except where otherwise permitted or required by law. We may also process your personal information on one or more of the following legal bases (as identified in section 4 (How we use personal information) above):

Contract. Processing is necessary to fulfill the contract you have agreed to enter with us. If you do not provide us with your personal information, we will not be able to carry out our obligations under the terms of your contract.

Legal Obligation. The processing of your personal information is necessary for compliance with applicable regulatory, accounting, and financial rules and obligations and to make mandatory disclosures to government bodies and law enforcement.

Legitimate Interests. We are permitted to process your personal information based on our “legitimate interests,” where we have good, sensible, practical reasons for processing your personal information, which is in the interests of TWISH™ and doesn’t outweigh your rights as data subjects. To do so, we have considered the impact on your interests and rights and have placed appropriate safeguards to ensure that the intrusion on your privacy is reduced as much as possible. In jurisdictions where “legitimate interests” are not a basis on which personal information may be processed, by providing us with personal information for an identified purpose, you consent to our processing it for that purpose. Where personal information is processed based on legitimate interests, e.g., for direct marketing, you have the right to object to such processing at any time and free of charge. See the section entitled “Your Legal Rights” to find out how. If you object to us processing your personal information, we must demonstrate compelling grounds for continuing.

Consent. For Canadian law, your consent may be express or implied. Sometimes, we want to use your personal information entirely optionally, such as sending you our promotions and news. On these occasions, you do not have to provide your consent. You can withdraw this consent anytime, subject to legal and contractual restrictions.

7. How We Share Information

TWISH™ will not share personal information with any third parties for the third parties use for their direct marketing purposes without your consent.

TWISH™ may provide personal information to TWISH™ service providers, vendors, subcontractors, and professional advisers (who are located in North America, the UK, or the EU and bound by privacy obligations) to assist us in carrying out the uses of information described in this Privacy Policy.

For example, we use services from third parties that help us by:

• providing cloud and hosting services,
• processing payments and refunds,
• providing and maintaining tools for customer relationship management,
• providing customer support services to our users,
• delivering a purchase,
• helping us gather and analyze analytical data,
• enabling us to collect feedback from you,
• providing a phone verification service,
• providing IT security, maintenance, and technical services, and
• providing communication and newsletter-sending services.

When you purchase from another user, they receive the following personal information: first and last name, shipping method, delivery address (street, number, addition, postal code, city, province, country) or pickup point (address), order price, paid shipping costs, and shipping label.

We may also share your personal information with third parties if we have reason to believe that disclosing such information is necessary to:

• conduct investigations of possible breaches of law,
• identify, contact, or bring legal action against someone who may be violating an agreement they have with us,
• protect our rights, safety, or property, or
• carry out any other purpose permitted or required by law.

We may also share your personal information when we investigate security breaches or cooperate with government authorities pursuant to a legal matter. We reserve the right to transfer any personal information we have if we merge with or are acquired by a third party or should any such transaction be proposed.

Additionally, we share data within the TWISH™ group to achieve the purposes set out in this Privacy Policy.

TWISH™ may share your data with third parties when transferring rights and obligations about the contractual relationship between you and TWISH™ to such third parties following the Terms of Use (available via https://twish-beauty.com/en/terms-and-conditions), in particular in the case of the transfer of a sector of activity, a merger through the foundation of a new company, a merger through absorption, de-merger, or any change in control affecting TWISH™.

8. What About Information I Disclose Publicly?

The Platform permits you to publicly share or otherwise submit ideas, photographs, information about items you wish to sell or purchase, information about your location, questions, comments, suggestions, or other content, including personal information (collectively, “User Content”). Others may have access to this User Content and may have the ability to share it with third parties. Please think carefully before deciding what information you share, including personal information, in connection with your User Content.

Please note that TWISH™ does not control who will have access to the information you choose to make public and cannot ensure that parties with access to such publicly available information will respect your privacy or keep it secure. Similarly, you should be careful what information you share directly with another user using any chat or messaging features on the Platform. You should be especially careful when you share your location or choose to meet another user. You should not share your payment information directly with other users.

We are not responsible for the privacy or security of any information you make publicly available on the Platform or share with other users or what others do with information you share with them on the website. We are not responsible for the accuracy, use, or misuse of any User Content you disclose or receive from third parties through the website.

9. We May Transfer Personal Information To Other Countries

We may also hold your personal information on select third-party cloud-based servers in the United States or other jurisdictions. We may also use service providers in other countries to process or store personal information. This means that some or all of the personal information we collect may be stored or processed on servers in Canada, the US and European Economic Area, the United States, and the Netherlands. These countries’ data protection laws may differ from those of the jurisdiction in which you live. Personal information processed or stored in another jurisdiction may be subject to access requests from governments, courts, or law enforcement following the laws of that jurisdiction.

Subject to applicable laws in other jurisdictions, we will use reasonable efforts to ensure that appropriate protections are in place to require the data processor in that country to maintain protections on the personal information consistent with those that apply in Canada and compliant with applicable data protection laws.

10. Security

Our security is intended to help protect against accidental or unlawful destruction, accidental loss or alteration, unauthorized disclosure or access, and any other unlawful forms of processing.

We use technical, physical, and organizational measures to help protect against accidental or unlawful destruction, accidental loss or alteration, unauthorized disclosure or access, and any other unlawful forms of processing. Personal information may be accessed by persons within our organization, our third-party service providers, or third parties (such as law enforcement) who require such access to carry out the purposes indicated above or who are otherwise permitted or required by applicable law.

The personal information we collect is maintained in Canada.

Although we have taken measures to protect our Platform, computer systems, and personal information collected from unauthorized use, access, disclosure, misuse, alteration, or destruction, no security measures can provide absolute protection. As a result, while we are committed to protecting your personal information, we cannot ensure or warrant the security of any information you provide.

11. Retention Period

We retain the personal information we collect as long as necessary to fulfill the purposes for which it was collected or to meet any legal requirements, including applicable limitation periods. Our retention standards meet these requirements.

Most of the information we collect is retained for your account until it is either deleted or inactive for 2.5 years. After this, your account is closed. When your account is closed, we delete or render most of the information anonymous. We may keep certain records longer when permitted or required by law. For example, we may retain Financial Information for up to 10 years.

If the platform closes, all features will become unavailable on the closing date, but you’ll still be able to contact our support team and update your bank details to ensure you receive any outstanding funds. We’ll delete or anonymize most of your account data when the platform closes. If you have any outstanding funds, we’ll keep the necessary data until you receive your money.

For 9 more months after the closure, we’ll keep information on the following in case there’s a dispute: registration and account details, orders, shipping, returns and refunds, and communication. Afterward, for tax and accounting purposes, we’ll retain information on the following for up to 10 years: financial details, orders, payments, shipping, and returns and refunds.

12. Your Legal Rights

You have rights under data protection laws concerning your personal information. To help protect against fraudulent requests and in compliance with the local data protection legislation, we may ask you for specific information to allow us to confirm that the person making the request is you or is authorized to access your information before granting your request. For example, we may require you to verify your identity before you access your personal information. You can exercise these rights free of charge by contacting us (please see Section 19: Company Contact Information of this Privacy Policy). Please be aware that some exceptions and exemptions apply to some of these rights, which we will apply under the data protection laws.

You have the right to:

Access your personal information. You have a right (subject to limited exceptions under relevant data protection laws) to request access to your personal information. Individuals may send requests to review their personal information in TWISH™ files to the TWISH™ privacy officer using the contact information provided in the below section, “Company Contact Information/Data Protection Officer.” To help us find the information, please provide as much information as possible about the type of personal data you want to see.

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

Request the erasure of your personal information. This enables you to ask us to delete or remove personal information without sufficient reason for us to continue to process it. You may also ask us to delete or remove your personal information 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 information to comply with local law. Note, however, that we may not always be able to comply with your request for erasure for specific legal reasons, which will be noted to you, if applicable, at the time of your request.

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

Request restriction on processing your personal information. This enables you to ask us to stop the processing of your personal information in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful, but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise, or defend legal claims; or (d) you have objected to our use of your data, but we need to verify whether we have overriding legitimate grounds to use it, as allowed under the local data protection laws.

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

Withdraw consent at any time if we rely on consent to process your personal information under the applicable data protection legislation and subject to relevant exceptions. However, this will not affect the lawfulness of any processing before you withdraw your consent. For individuals subject to Canadian law, if you withdraw your consent, we may be unable to provide certain products or services to you. We will advise you if this is the case when you withdraw your consent.

If you wish to exercise any of the rights set out above, please contact us using the contact methods and details set out in the section below, “Company Contact Information/Data Protection Officer.” To unsubscribe from our marketing email and/or newsletters, click the “unsubscribe” button at the bottom of the email newsletter. It may take up to 24 hours for this unsubscribe to take place.

Notwithstanding the general terms of this Privacy Policy, the collection, use, and disclosure of personal information may be made outside of the terms herein to the extent required by applicable law or with your consent. TWISH™ may disclose personal information to another entity purchasing (including, but not limited to, for diligence purposes before purchase) the assets of (or otherwise acquiring) TWISH™ provided that entity abides by this or a similar privacy policy.

13. Your Choices

You have a choice to receive marketing communications from us or not. Suppose you do not want to receive direct marketing communications about our products, promotions, information, or services. In that case, you can select your choices by ticking the relevant boxes or exercising the unsubscribe mechanism provided in emails. You can also change your preferences anytime by emailing us at dpo.privacy@twish.ca. You may opt out of our push notifications by visiting Settings on the Platform and changing relevant settings.

14. Changes To Our Privacy Policy

From time to time, we may make changes to our Privacy Policy. By accessing or using the Platform or providing us with personal information after such changes, you consent to this Privacy Policy for Canadian law only, as revised. We will inform you on our website when changes are made. Please periodically review this Privacy Policy so that you know what personal information we collect, how we use it, and with whom we may share it. The date of the most recent revision will be published on this page.

15. Children

Our website is not directed at children, and we do not intend to knowingly collect personal information from any child under thirteen (13). We will delete any personal information collected that we later determine to be from a user younger than thirteen (13). Despite this, if you are the parent or legal guardian of a child under thirteen (13) who has provided us with personal information themselves, you may ask to review or delete this information by contacting us at dpo.privacy@twish-beauty.com

16. Complaints To The Regulator

You have the right to make a complaint at any time to a supervisory authority in your local jurisdiction. We would appreciate the chance to deal with your concerns before you approach a supervisory authority, so please contact us in the first instance.

17. Links

The Platform may contain links to information on other websites. You are moving to another website when you click on one of these links. Once you leave our Platform or are redirected to a third-party website or application, you are no longer governed by the Privacy Policy or our Terms and Conditions. We encourage you to read the privacy statements of these linked sites as their privacy policy may differ from ours. We are not responsible for the privacy practices or the content of any website(s) owned and operated by any third party.

18. Company Contact Information/Data Protection Officer

If you have any questions regarding this Privacy Policy or any Personal Information you have submitted to us, or if you would like to:

• access Personal Information that you have already provided to us so that you can correct or update it or request that it be deleted;
• exercise another of your rights, or
• submit a complaint, or report any violation of this Privacy Policy,

If you have any questions regarding this Privacy Policy or any Personal Information you have submitted to us, or if you would likePlease advise us by contacting dpo.privacy@twish-beauty.com. You may also contact our Data Protection Officer by writing to dpo.privacy@twish-beauty.com.