Privacy Policy for SMS Subscribers

Effective Date: 04.01.2022

1. Introduction

Welcome to Both& Apparel Corp  ("we," "our," or "us"). This Privacy Policy outlines how we collect, use, disclose, and protect the personal information of individuals who subscribe to our SMS services on our website (the "Service"). By subscribing to our SMS Service, you consent to the practices described in this Privacy Policy.

2. Information We Collect

We may collect the following types of personal information when you subscribe to our SMS Service:

- Personal Contact Information: This may include your full name, phone number, and email address.

- SMS Data: We collect and store the content of the SMS messages you send to us and the SMS messages we send to you.

- Usage Information: We may collect information about your interactions with our Service, including your IP address, browser type, and referring URL.

3. How We Use Your Information

We use the information we collect for the following purposes:

- Provide the SMS Service: We use your personal information to deliver SMS messages to you, including updates, promotions, and other relevant content.

- Improve the Service: We analyze usage data to enhance and improve the functionality and content of our SMS Service.

- Customer Support: We may use your information to respond to your inquiries, questions, and requests.

- Legal Compliance: We may use your information as required by applicable laws and regulations.

4. Disclosure of Your Information

We may share your personal information with third parties in the following circumstances:

- Service Providers: We may share your information with third-party service providers who assist us in delivering the SMS Service, such as SMS gateway providers or customer support providers.

- Legal Compliance: We may disclose your information when required by law, regulation, or a valid legal process.

5. Your Choices

- **Opt-Out**: You have the option to opt-out of our SMS Service at any time by replying with "STOP" to any SMS message you receive from us.

6. Security

We take reasonable measures to protect your personal information from unauthorized access, disclosure, alteration, or destruction. However, no data transmission over the internet or electronic storage is entirely secure, and we cannot guarantee its absolute security.

7. Children's Privacy

Our Service is not intended for children under the age of 13, and we do not knowingly collect personal information from children under 13.

8. Changes to this Privacy Policy

We may update this Privacy Policy from time to time to reflect changes in our practices or for other operational, legal, or regulatory reasons. We will notify you of any material changes by posting the updated Privacy Policy on our website.

9. Contact Us

If you have any questions or concerns about our Privacy Policy or how we handle your personal information, please contact us at hello@bothandapparel.com

 

Other Terms & Conditions

Schedule 1.

Terms of Service

1. You are shopping on a merchant’s website (the “Merchant”). If you place an order with the Merchant for delivery to an address in the UK (a “Qualifying Customer Order”), where the total value of the Products comprising of that order does not exceed 135 (one hundred and thirty five) British Pounds Sterling, or where Products comprising of that order are sent in separate consignments the value of which does not exceed 135 (one hundred and thirty five) British Pounds Sterling, the Products will be sold by Passport Global Limited (“Passport”), in the way we describe below.
2. If you place a Qualifying Customer Order, the item(s) that you are purchasing will be sold first by the Merchant to Passport, and then by Passport to you. Passport becomes the “Supplier” of goods for UK VAT purposes in relation to your purchase. Your payment information, shipping address, and any additional information required or requested to complete your order will be shared directly with Passport and its nominated agents and contractors, in order to enable Passport complete your Customer Order.
3. Your Qualifying Customer Order is subject to: (1) these Terms of Service; and (2) any relevant terms and conditions imposed by the Merchant. By completing your purchase, you confirm that you have read and agree to be bound by all of these.
4. By placing a Customer Order on the Merchant’s website, you understand and agree that:

4.1 You are dealing with and providing your information to Passport. Passport is entitled to verify and authenticate your payment information, and if it is unable to verify this information, Passport may contact you and/or your payment card issuer to confirm your identity and/or your intent to place the order.

4.2 If there is an error in the price listed for a product on the Merchant’s website, or in the price applied to the product during the sale of and processing of your order for the product, Passport is entitled to contact you, correct the price, and/or cancel your order.

4.3 The Merchant remains responsible for handling payment for your order.


4.4 Once your payment is processed, ownership in the items will shift from Passport, to you, and, the items in your order will be provided to a carrier for shipment to you.

4.5 Passport or the Merchant will direct the carrier to ship your order to the shipping address you provided. Certain addresses will be ineligible for shipment, such as PO box addresses.

4.6 Passport may refuse service, refuse to process or complete Qualifying Customer Orders, remove or edit content, or cancel such orders for any reason or for no reason, in its sole discretion.

4.7 If you are under the age of majority in the jurisdiction in which you reside, approval of your parent or guardian is required to complete your purchase.

5. Currency. You may select your preferred payment method and currency from a list of options available at the time of checkout. Please note that the relative value of currencies may vary, and as a result, the actual purchase price for items in your order may vary based on the currency selected.
6. Billing. If you use a payment card or other electronic form of payment as your payment type, the charges to your account for your order will be subject to the Merchant’s terms and conditions.

7. Shipping. Items in your order may be shipped via a single shipment, or via multiple shipments. If items in your Qualifying Customer Order are shipped via multiple shipments, or if your order is only partially filled and shipped, you will only be charged for those items that are actually shipped to you.
8. Chargebacks, Fraud Prevention and Void Transactions. For your protection, Passport may use various fraud prevention protocols and policies, and industry-standard verification systems, to reduce fraud and minimize chargeback risks. You must comply with such protocols and policies, including card authentication, and “ship to” and “bill to” address verification. Once an order is placed, you may not change any authenticated payment information or any verified “ship to”/“bill to” address. If there is a systemic error which results in the processing or acceptance of a transaction for which authorisation has been declined, that transaction will be void.
9. Customer Service and Returns. Questions or complaints about your order should be directed to the Merchant in the first instance. Passport may work with the Merchant as necessary to resolve your issue. The Merchant is authorised to allow for returns or refunds on orders in accordance with the Merchant’s policy, including to reimburse you for the original sales prices of returned products. Passport may refuse any return requested if a restriction applies to the item for which the return is requested. You accept that your sole remedies are against Merchant.
10. General Terms. The following general terms apply whenever you place a Qualifying Customer Order through the Merchant’s website:

10.1 Compliance with Applicable Laws. You certify that any products purchased through a Qualifying Customer Order will not be exported, sold, or transferred in violation of any applicable laws, including without limitation the United States Export Administration Regulations or applicable United States sanctions and embargoes administered by the United States Treasury Department, nor It is your responsibility to know the laws of the country into which you are importing any products that you order from the Merchant’s website. By placing an Qualifying Customer Order you certify that the import of the products you have ordered to the country of the shipping address you have provided does not violate any laws or regulations of that country.

10.2 Privacy. To complete your Qualifying Customer Order you will be providing personal information to Passport and you consent to your personal information being collected, used, processed, disclosed and/or stored by Passport and our service providers as may be required in order to process and complete your order and otherwise provide the services you have requested, in accordance with Passport’s Privacy Policy. Passport accepts no liability or responsibility for the collection, use, processing, disclosure or storage of your personal information by the Merchant or any service provider engaged by the Merchant. The collection, use, processing, disclosure and/or storage of your personal information by the Merchant or its service providers is governed by the Merchant’s privacy policy. The Merchant and Passport may analyse transactional data for the purpose of identifying trends, statistics and measurements that could contribute to the enhancement of the Merchant’s Customer experience and/or the services provided by Passport. Any transactional data analysed for these purposes will be aggregated and de-identified, meaning that any personally identifiable information will be removed.

10.3 Electronic Communications. When you place a Qualifying Customer Order through the Merchant’s website, you are communicating with Passport electronically, and you consent to entering into this agreement by electronic means, and to receive communications from Passport electronically/via email.

10.4 Modifications. You acknowledge that Passport may make changes to its system, policies, and these Terms of Service at any time. Passport will ensure that the current version of these Terms of Service is presented every time you make a Qualifying Customer Order on the Merchant’s website. You are responsible for reviewing these Terms of Service each time you make a Customer Service. If you do not agree to any change in the Terms of Service, you must not complete your order. Any order placed after the effective date of a change will constitute your agreement to the change and to the current Terms of Service.

10.5 Severability. If any or any portion of these Terms of Service is found to be invalid, void, or for any reason unenforceable, that term or portion of terms will be severed, and will not affect the validity and enforceability of the remaining terms.

10.6 Proceedings. Any action or proceeding arising out of or relating to these Terms of Service must be brought in the courts of California, United States, and you hereby irrevocably agree to the jurisdiction of the courts of California, United States for all such purposes.

10.7 Language. The parties have agreed and expressly requested that this agreement and all documents related to it be drawn up in English.

10.8 Parental Consent: You must be at least 18 years of age to become a member of the Geologie service. Individuals under the age of 18 may only utilize the service with the involvement of a parent or legal guardian, under such person's account and otherwise subject to these Terms of Use.