PRIVACY POLICY
PRIVACY POLICY
EFFECTIVE May 25, 2018
This website is operated by Fleshlight International S.L. (hereafter referred to as “FI”, “we” or “us”) with Spanish incorporation no. ESB91871202 and registered address and business premises at Calle Torre De Los Herberos No. 23, Polígono Industrial Carretera de la Isla, 41703 Dos Hermanas, Seville, Spain, and the following email address: support.eu@fleshlight.com.
For the purpose of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereafter “the GDPR”), the data controller is FI.
For information regarding cookies and other tracking mechanisms used by us, please refer to our Cookie Policy.
FI is committed to protecting and respecting your privacy. This policy (together with our Terms of Use and Cookie Policy) sets out the basis on which personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
- General
I.1 Maintaining your privacy and providing a hassle-free, enjoyable, and discreet shopping experience is of utmost importance to us.
We will never sell, rent, or share any information about you or your order to any third person unless specifically indicated below. The information you supply for your order is used to discreetly deliver the items you've purchased.
I.2 Below you can read about the information collected, including how information is processed, for what purpose and whom to contact if you have questions or objections relating to the information collected.
- Information we collect from you
II.1 We may collect and process the following data about you:
- Details of transactions you carry out through our site and of the fulfillment of your orders. When ordering a product through our site, we collect your email address, first name, last name, postal address, phone number (optional) and your payment information.
- Information that you provide when registering a unique Customer account, including your email address.
- Information that you provide when registering with the Forum, including your User Name of your choosing and email address.
- Information that you provide when registering with the Fleshlight Videos Membership, including your User Name of your choosing, and email address.
- Information that you provide when you report a problem with our site.
- If you contact us, we may keep a record of that correspondence.
III. Where we store your personal data
III.1 The personal data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). We will only send your personal data outside the EEA to companies either within our group or to parties with whom we have a contract. We ensure your personal data is protected by requiring all our group companies to follow the same rules when processing your personal data. This means within our group and for those other organisations with whom we have contracts we ensure that we have in place adequate safeguards in respect of such transfers outside the EEA.
FI shares your personal data globally with other companies in the FI group in order to carry out the activities specified in this Policy. This includes to FL group companies in the following countries: Australia, Canada, Spain and the United States of America. FI may also subcontract processing to, or share your personal data with, third parties located in countries other than your home country. Your personal data, therefore, may be subject to privacy laws that are different from those in your country of residence.
III.2 If you have used a password to access certain parts of our site, you are responsible for keeping this password confidential.
III.3 The transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site. Any transmission is thus at your own risk.
- Use of information
IV.1 Legal basis
We will at all times process personal data about you in accordance with the GDPR, which entails that any information in our possession concerning you is handled in accordance with the requirements contained in the GDPR. Depending on the service provided as well as the nature of the information processed/collected, the legal basis for the processing may vary:
IV.1.1 In most cases, your personal data will be processed in order to ensure the performance of a contract to which you and FI are subject or to take steps in order to enter into such a contract, cf. the GDPR Article 6(1)(b) and (f).
IV.1.2 Our legal basis for processing your personal data for marketing purposes is always your consent, cf. the GDPR Articles 6(1)(a) and 9(2)(a).
IV.1.3 We may also process your personal data if the processing is necessary for compliance with a legal obligation to which we are subject, cf. the GDPR Article 6(1)(c).
IV.1.4 Finally, we reserve the right to process personal data about you to the extent that such processing is necessary for the purposes of the legitimate interests of FI, such as safeguarding the interests of FI in a legal dispute, cf. the GDPR Articles 6(1)(f) and 9(2)(f). Such processing may concern sensitive data relating to you.
IV.2 We use information held about you in the following ways:
IV.2.1. To ensure that content from our site is presented in the most effective manner for you and for your computer/device.
IV.2.2 To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
IV.2.3 To carry out our obligations arising from any contracts entered into between you and us.
IV.2.4 To allow you to participate in interactive features of our service, when you choose to do so.
IV.2.5 To notify you about changes to our service.
IV.3 We may also use your data, or permit selected third parties to use your data, to provide you with information about goods and services, which may be of interest to you, and we or they may contact you about these by post, email or SMS if you have consented to this.
Should you no longer, having already consented, want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please email us at support.eu@fleshlight.com.
IV.4 We do not disclose information about identifiable individuals to our advertisers, but we may provide them with non-identifiable aggregate information about our users. Furthermore, where you have consented, we may make use of the personal data we have collected from you to enable us to comply with our advertisers' wishes by displaying their advertisement to that target audience.
- Data retention
We will only retain personal data held about you as long as we need it to fulfill the purposes for which we have initially collected it, unless otherwise required by law. Although in some instances difficult to provide an exact timeframe in advance, please find below the criteria used to determine the data retention period:
V.1 Customer data: Details of transactions that you carry out through our site and of the fulfillment of your orders will generally be stored for a 12-month period following the delivery date of the Products. Depending on the information and services provided, the retention period of such details may be extended, cf. letters V.5 and V.7 below.
V.2 Marketing data: Personal data retained for marketing purposes will be deleted as soon as possible after having received your withdrawal of consent to processing for such purposes.
V.3 Customer account: Personal data provided through creating a unique account on the site will be retained for as long as the account is active and for 3 months after you have chosen to terminate your account. Your personal data will be retained for a 12-month period in the event that you have not replied to our inquiries concerning the deletion of your account due to inactivity.
V.4 Forum Membership: Personal data provided through your Forum Membership will be retained for as long as the account is active and for 3 months after you have chosen to terminate your Forum Membership. Your personal data will be retained for a 12-month period in the event that you have not replied to our inquiries concerning the deletion of your forum membership account due to inactivity.
V.5 Fleshlight Videos Membership: Personal data provided through your Fleshlight Videos Membership will be retained for as long as the account is active and for 3 months after you have chosen to terminate your Fleshlight Videos Membership. Your personal data will be retained for a 12-month period in the event that you have not replied to our inquiries concerning the deletion of your Fleshlight Videos Membership due to inactivity.
V.6 Inquiries: Records of correspondence between you and us concerning, inter alia our products or reported problems with our site, will be stored for 6 months after the correspondence has been finalized.
Furthermore, we will retain and use any personal data necessary to comply with our legal obligations, resolve disputes, and enforce our agreements as follows:
V.7 Billing information is retained for the period allowed in accordance with the relevant accounting and taxation laws; and
V.8 Information on legal transactions between you and FI is retained for the period of time allowed in accordance with the general limitation period set for civil claims by law.
- Disclosure of your information
VI.1 We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries.
VI.2 We may disclose your personal information to third parties:
VI.2.1. In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
VI.2.2 If we or substantially all of our assets are acquired by a third party, in which case personal data held by us about our website users may be one of the transferred assets.
VI.2.3 If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use and other agreements; or to protect the rights, property, or safety of us, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
VII Marketing and third party websites
VII.1 Before collecting your data for marketing purposes, we will ask for your consent to use your data for such purposes or to disclose your information to any third party for such purposes. You have the right to ask us to stop using your personal data for marketing purposes at any time by contacting us at support.eu@fleshlight.com or going here to change your preferences.
VII.2 Our website may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
VIII Your rights
VIII.1 Under the GDPR, you have the right to access information held about you (Article 15), the right to rectification (Article 16) or erasure (Article 17) of information held about you, the right to restriction of processing of information relating to you (Article 18) and the right to data portability (Article 20). Your rights can be exercised in accordance with the conditions laid out in the GDPR.
VIII.2 Requests made by you pursuant to the articles mentioned under section X.1 will be handled free of charge unless the requests are deemed unfounded or excessive. In the event that we deem that a request is unfounded or excessive, we may refuse to act on the request or charge a reasonable fee taking into account the administrative costs of providing the information or communication or taking the action requested.
IX Changes to our privacy policy
IX.1 We may periodically make changes to this Privacy Policy. Any changes we may make to our Privacy Policy in the future will be posted on this page. It is your responsibility to review this Privacy Policy frequently and remain informed about any changes to it.
X Contact and complaints
You are welcome to contact us with any questions, comments or requests via email at support.eu@fleshlight.com or at the following address: Fleshlight International, S.L., c/ Torre de los Herberos 23, 41703 Dos Hermanas, Sevilla, Spain.
Should you be dissatisfied with our handling of your inquiry, you have the right to lodge a formal complaint with the relevant data protection authority. Full details can be accessed on the websites of the relevant data protection authorities. You can find the contact information and webpages of EU data protection authorities on the following webpage: http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm.
