Privacy Policy

INTRODUCTION AND OVERVIEW

Welcome to us.modaminx.com (“Website” or the “Site”), offered by Moda Minx Limited (“Moda Minx”, “us” or “we”). This Privacy Policy (“privacy notice or “notice”) addresses how your information is collected, stored, and utilized when you use or interact with our website us.modaminx.com and by any other interactions through social media, email, or phone, where we otherwise obtain or collect information about you, as well as your rights and choices associated with the provided information. This Privacy Policy will also detail how you can access the information that we have and make changes, including removal and deletions. It also applies to Personal Information you may provide through our Website when you sign up to our newsletters or purchase our products and services.

By accessing or using our services, you signify that you have read, understood, and agreed to our collection, storage, use and disclosure of your information, as applicable, as described in this Privacy Policy and the Website’s Terms and Conditions. Please do not access or use our Site and service if you cannot agree with this Privacy Policy or the Terms and Conditions.

This Privacy Policy is issued based upon our good faith efforts to protect your privacy and in conformity with California Business and Professions Code, California Consumer Privacy Act 2018 (“CCPA”) as amended by The California Privacy Rights Act 2023 (“CPRA”) and The EU General Data Protection Regulation (“GDPR”), described in the Privacy Notice Addendum for California Residents and this GDPR Privacy Policy, respectively. Any terminology mentioned in the GDPR or our privacy notice have the same meaning as used in this GDPR Privacy Addendum, unless otherwise defined in this GDPR Privacy Policy. When this GDPR Privacy Policy applies to you, it takes precedence over any conflicting information in our privacy notice. Moda Minx respects your privacy and is committed to protecting your Personal Information.

This Privacy Policy Covers:

Who is Moda Minx
Personal Information we collect
How we collect your data
How we store your data
How we use your data
How long we retain your Personal Information
Sharing your Personal Information
Other websites and third-party Links
Marketing and promotional preferences
Know your GDPR data protection rights
Protecting the privacy of children
Your data in countries outside Europe
Cookies
Do not track signals
Changes to this Privacy Policy
Chat and Contact us

Who is Moda Minx?

Moda Minx is a leading online retail company known for being the ultimate trendsetters, designing exclusive beachwear, swimwear, and comfortable loungewear and pajamas. We design, manufacture, and collaborate with other fashion e-commerce websites, such as ASOS, to market and sell our apparel to valued customers.

Moda Minx Limited, registered in England and Wales (registration number: 9634873) of registered office Moda Minx, PO BOX 3211, Romford, RM3, 3DF, United Kingdom is responsible for your Personal Information collected through https://us.modaminx.com.

Contact details of our information officer responsible for data protection, concerning this Privacy Policy, and further details are set out in the “Chat and Contact us” section at the end of this notice.

2. Personal Information we Collect

When you visit the Site, we may collect, use, store and transfer different kinds of information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with you (“Personal Informatio”).

In particular, the Site collects and has collected the following categories of Personal Information from its visitors and consumers:

Personal Identification Information including name, email address, phone number, date of birth, location, physical address, including post code, and financial information for billing and purchase of our products.
Profile Information includes your username, password, password hints and other information for authentication and account access, purchases or orders made by you, your interests, preferences, content of the messages you send us including feedback, reviews, and survey responses.
Technical Information includes URL information, internet protocol (IP) address, your login information, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access our Website.
Payment Information including your payment instrument (such as a credit card number) and associated security code to process your payments if you make a purchase.
Transaction Information: includes details about payments to and from you and other details of products and services you have purchased from us.
Usage Information includes information about how you use our Websites, products, and services, including but not limited to your location when using the app and website, the items searched, weblogs and other communication data, and any other such details collected by Moda Minx during your use of its product and services, including the Moda Minx site/app.
Marketing and Communications Information includes your preferences in receiving marketing and promotional emails or other such communications from us and/or our third parties, and your communication preferences for receiving email, text, or post alerts, at selected intervals of time. The third-party marketing agency associated with Moda Minx is “Yellow’; the third party associated with our ad campaigns is “Digital Xpansion Limited”.

Please Note: We understand that certain types of Personal Information are particularly sensitive (“Sensitive Information”), such as medical information, financial information, and information related to an individual's race, religion, or sexual orientation. When interacting with us such as by email, phone, or chat, or social media, we request that you do not communicate any Sensitive Information concerning yourself or others. Moda Minx does not collect or store Sensitive Information.

3. How we collect your data

We collect and process data in the following ways:

a)Direct Communications: you may provide us your Personal Information and any other information as enumerated above by corresponding with us by post, phone, email, text, telephone, or otherwise. This includes information you provide when you:

Register online or create an account on our Site.
Place an order for any of our products or services.
Provide billing information at checkout.
Voluntarily complete a customer survey or provide feedback on any of our message boards or via email.
Subscribe to our service or publications.
Enter a competition, promotion, or survey.
Create a wish list.
Sign up for marketing information to be sent to you.
Use or view our website via your browser’s cookies.
Complete the wholesale enquires form.
Interact with us using social media platforms (Facebook, LinkedIn, Twitter, Pinterest).
Interact with us by our website pop up.

b)Indirect Communications: We may also receive your data indirectly from the following sources:

Social sites and applications when you reference or post our products or services.
Partners or affiliates with which we offer co-branded services, sell, or distribute our products, or engage in joint marketing activities.
Automated interactions and passive collections, when you browse our website, we may collect data about your behavior and preferences through cookies, web beacons, and other tracking technologies.

c)Third Party Data Collection: We may collect certain types of data from third-party sources, including but not limited to demographic information, device information, and usage data. This data may be used to provide personalized content and advertisements, improve our products and services, and for research and analytics purposes. We take appropriate measures to protect this data, including the use of encryption and other security technologies. By using our products or services, you consent to our collection and use of this data as described in this Privacy Policy. Additionally, we may collect the following publicly availably data, such as, but not limited to:

Publicly available sources such as data in the public domain.
Metadata, IP information, and cookies as according to your preferences.
Facebook and Google Pixel installed by Meta and Google ads.

4. How we store your data

We take precautions to protect your information. When you submit Personal Information via the Site, your information is protected both online and offline according to generally accepted industry standards.

Wherever we collect sensitive financial information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a lock icon in the address bar and looking for "https" at the beginning of the address of the Site page.

To ensure that your data is kept safe and secure, we also use a variety of measures including encryption, access controls, and regular security audits. Your data is encrypted both in transit and at rest, and we limit access to it to only those who need it. We also regularly monitor our systems and networks for any potential security threats or breaches, and we have incident response plans in place in case of any such events. Additionally, we comply with all applicable data protection laws and regulations to ensure that your data is always handled in accordance with best practices.

In the unfortunate circumstance of any data breach, you and all legally required third parties, will be notified by us at the earliest instance, reasonably possible in the given circumstance, and such breach will be treated in accordance with applicable law.

While we use encryption to protect Sensitive Information transmitted online, we also protect your information offline. The computers and servers in which we store Personal Information data are kept in a secure environment.

However, no method of transmission over the Internet or method of electronic storage is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.

If you have any questions about security on our Site, you may contact us at usacs@modaminx.com

5. How we use your data

At Moda Minx, we believe securing your Personal Information to be our top priority. We strive to ensure your data is processed lawfully, reasonably, and transparently. This section describes how your securely stored data will be used. We only use your Personal Information to perform our contractual obligations with you and when the law permits. We process your Personal Information in accordance with the General Data Protection Regulation (GDPR) and rely on one or more legal bases for processing including:

Contractual Necessity: Processing your Personal Information is necessary for the performance of our obligation to you, which may include, processing and fulfilling your order, providing customer, and timely response to Privacy Policy inquiries.
Consent: We may seek your explicit consent for specific processing activities, and you have the right to withdraw your consent at any time.
Legitimate Interests: We may process your Personal Information based on our legitimate interests, provided that such processing is not overridden by your rights and interests.
Vital Interests: Processing your Personal Information is necessary to protect someone's life.

We collect your data for the following purposes:

Providing Services: We use your Personal Information to fulfil your orders, provide customer support, and communicate with you about your transactions. This includes using your Personal Information to process your order and manage your account, collect any outstanding balance on your account, and enforce our rights and/or ensure your compliance with our Terms and Conditions.
Legal Compliance: We may use your Personal Information to comply with legal and regulatory requirements, such as tax and accounting laws. Additionally, we may disclose your Personal Information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our Site.
Marketing and Advertising: We may use your Personal Information to send you promotional offers and other marketing materials that we think may be of interest to you.
Improving our Services: We may use your Personal Information to analyze user behavior and preferences, and to improve our services and offerings.
Transactional and Analytical : We may collect analytics data, or use third-party analytics tools, to help us measure traffic and usage trends for our Site and to understand more about the demographics of our users. In gathering this information, we are able to enhance your experience when visiting our Site (including keeping your preferences and items placed in your shopping cart between visits) and to provide custom, personalized content and information, including targeted content and advertising..
Prevention Mechanism: We may also use your Personal Information to uphold our commitment to you; to help preserve the reliability, security, and truthfulness of our websites, applications, products and services, databases, and other technology assets, including detecting security incidents, safeguarding against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible.
Catch all: Any other purpose for which you voluntarily provide your personal data by use of this site, in accordance with our Terms and Conditions <insert terms and conditions hyperlink>

6.How Long we Retain your Personal Information

We retain your Personal Information for as long as necessary to fulfil the purposes for which it was collected or as required by law. This may include retaining information to comply with legal obligations, resolve disputes, enforce agreements, or for other legitimate business purposes. When we no longer need to retain your Personal Information, we will securely delete or anonymize it. Other retention periods include:

Purchase information: In compliance with our legal requirement to maintain records for tax purposes, when you place an order for items or services, we retain that information for 10 years from the end of the fiscal year in which you place your order.

In any other circumstances, we will retain your information for no longer than necessary.

7.Sharing your Personal Information

We only share your Personal Information to perform our contractual obligations with you and when the law permits. We share your data with the following third party service providers:

Other companies and brands owned or controlled by Moda Minx Limited and other companies owned by or under common ownership as Moda Minx which also includes our subsidiaries (i.e., any organization we own or control).
Our business partners and affiliates in connection with offering you co-branded services, selling, or distributing our products, or engaging in joint marketing activities. For example, we may share information about you with a retailer for purposes of providing you with relevant product support or in connection with a warranty.
When Moda Minx processes your order, it may send your Personal Information to, and use the resulting information from, credit reference agencies to prevent fraudulent purchases.
If our company changes hands by way of merger or acquisition, the new owners may use your Personal Information in the same manner as described in this Privacy Policy.

Third-party vendors, service providers, contractors, and agents in connection with the performance of services on our behalf, as needed to carry out their work for us, which may include identifying and serving advertisements, providing mailing services, providing financial services, web hosting, or providing analytic services.

Please Note: These third-party service providers are prohibited from using your Personal Information except as needed to perform our work or as required by law, although we may permit them to use aggregate information which does not identify you or de-identified data for scientific research purposes. If you would like to opt-out of our sharing of your Personal Information with third-party advertisers and advertising networks, you may do so by visiting our preference center or by contacting us directly.

8.Privacy Policies of Other Websites and Third Parties

Our Site may contain links to other websites that are not owned or controlled by us. Please be aware that we are not responsible for the privacy practices of such other websites. We encourage you to be aware when you leave our website and to read the privacy statements of each and every website that collects Personal Information.

9.Marketing and Promotional preferences

We may use your Personal Information to send you marketing communications about our products and services, as well as those of our affiliates and business partners. If you have given us your consent to do so, we may also use your Personal Information to personalize these communications based on your preferences and behavior. You may opt-out of receiving these communications at any time by following the instructions provided in the communication or by contacting us directly. Please note that even if you opt-out of receiving marketing communications, we may still send you non-promotional communications, such as those related to your account or service updates.

In accordance with relevant applicable regulations, we will ask your preferences in relation to receiving such marketing communications, (including but not limited to discounts, collection launches, sales, competitions, and more) by email, post, text message, social media, or any otherwise appropriate means of communication. We will also ask you the frequency with which you wish to receive such emails.

If you no longer wish to be contacted for marketing purposes, you can tell us you are withdrawing your consent by:

Clicking here
Unsubscribing (just click on the ‘unsubscribe’ link in any message we send you and follow the instructions – please note that it might take a short period of time to process your unsubscribe request), or
Delete your account by ; <My account> <My Info> <delete>
Sending an email to help@modaminxusa.com with ‘Unsubscribe’ or “Opt-Out” as the subject of the email.

We will handle any opt-out requests as quickly as possible, however please keep in mind that owing to the nature of our IT systems and servers, any opt-out request may take a few days to be processed. Kindly allow for 24- 48 hours for your selected changes to become effective.

10.GDPR Data Protection Rights – European Union

Moda Minx would like to make sure you are fully aware of all your data protection rights. Every user is entitled to the following:

The right to access – You have the right to request us for copies of your personal data. We may charge you a small fee for this service.
The right to rectification – You have the right to request that we correct any information you believe is inaccurate. You also have the right to request us to complete the information you believe is incomplete.
The right to erasure – You have the right to request that we erase your personal data, under certain conditions, such as when it is no longer necessary for the purposes for which it was collected or if you withdraw your consent.
The right to restrict processing – You have the right to request that we restrict the processing of your personal data, under certain conditions.
Right to object to processing : You can object to the processing of your personal data based on legitimate interests or direct marketing purposes. We will cease processing unless we demonstrate compelling legitimate grounds or for the establishment, exercise, or defense of legal claims.
The right to data portability – You have the right to request that we transfer the data that we have collected to another organization, or directly to you, under certain conditions.
The right to opt-out at any time where we are relying on consent to process your Personal Information. If you withdraw your consent, we may not be able to provide certain products or services to you. We’ll advise you if this is the case at the time you withdraw your consent.
The right to non-discrimination: You have the right to not be discriminated against for exercising your privacy rights.
Right to withdraw consent: If we process your personal data based on your consent, you have the right to withdraw your consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal.
Lodge a complaint with the relevant regulator if you feel that your Personal Information hasn’t been handled correctly, or you’re not happy with the way we’ve responded to anything you’ve asked us to do with your Personal Information. For EU citizens, here’s a list of EU data protection authorities with their contact details.

Response time to all requests: We will make every effort to respond to all reasonable queries within a calendar month, from the date the request is received. If your request is exceptionally difficult or you have made a number of requests, it may take us longer than a month. We will alert you and keep you updated in this case. We may need to obtain certain information from you in order to validate your identification and establish your right to exercise any of the rights listed above.

Any questions concerning our GDPR policies may be directed to: usacs@modaminx.com. Requests must include “GDPR Privacy Rights Request” in the first line of the description and include your name, street address, city, state, and postcode. If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us at:

Our email – usacs@modaminx.com

Or write to us – help@modaminx.com

Please note that we may ask you to verify your identity before responding to such requests, to protect your privacy and security. We will comply with your request in accordance with applicable data protection laws and regulations.

11.Protecting the Privacy of Children

Persons under 13 years old are not the target audience for our Website. No one below the age of 13 may provide any Personal Information to or on the Website. We do not knowingly collect Personal Information from children under 13. If you are under 13, do not use or provide any information on this Website or through any of its features, register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or username you may use. If we learn we have collected or received Personal Information from a child under 13 without verification of parental consent, we will delete that information.

If you believe we might have any information from or about a child under 13, please contact us at:

Our email: usacs@modaminx.com

Or write to us – Moda Minx

6700 Orville Avenue

Kansas City, KS 66102-3126

12.Your data in countries outside of Europe

The personal data we gather from you may be transmitted to and kept at locations outside the European Economic Area ("EEA") through legally mandated data-transfer methods. It may also be handled by employees working for us or one of our suppliers who work outside the EEA. Such employees may be involved in the fulfilment of your order, the processing of your payment information, and the provision of support services, among other things. Reasonable steps will be taken to ensure your data will be handled securely, additionally you understand and agree that no security system in place is free of error, and Moda Minx is not liable of any breach.

13.Cookies

A "cookie" is a small text file that is downloaded onto your device such as computer or smartphone when you access our Website. We use cookies, social media pixels and other similar technologies to make our Website work efficiently and securely and to improve personalized user experience. Some content or applications, including advertisements, on the Website are served by third parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Website.

The information they collect may be associated with your Personal Information or they may collect information, including Personal Information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

You can easily stop your browser from accepting cookies by configuring your browser’s cookie settings. All commercial web browsers are featured with cookie management functionality. Please check your web browser to find out more how to delete or disable cookies. If you choose to disable cookies, you may face limitations on functionality and a deteriorated user experience. By continuing to use our website, you consent to our use of cookies as described in this cookie declaration

14.“Do Not Track” signals

“Do Not Track” (“DNT”) frameworks allow us to respond to any “Do Not Track” signals in the HTTP header on your browser or mobile application settings. It's important to note that while we honor DNT signals, our website may still use certain technologies, such as cookies and web beacons, that are necessary for the functioning of our website. Additionally, some third-party service providers that we use, such as analytics and advertising providers, may not honor DNT signals. In the event DNT signals are not honored, you may choose to disable cookies or contact us at usacs@modaminx.com to prevent any further data tracking.

15.Changes to this Privacy Policy

From time to time, Moda Minx may modify this policy, without prior notice. Our Company keeps its Privacy Policy under regular review and places any updates on this Site. The processing and use of your Personal Information will be in accordance with and governed by the new version of the Privacy Policy from the effective updated date onwards. This Privacy Policy was last updated on June ____, 2023.

16.How to contact us

If you have any questions about Moda Minx’s Privacy Policy, the data we hold on you, or you would like to exercise one of your data protections rights, please do not hesitate to contact us.

Data protection officer email: oliver@ModaMinx.com

Email us at: usacs@modaminx.com

Or write to us: Moda Min