Privacy policy

Last updated: December 18, 2024

This Privacy Policy describes how Ever-breeze B.V. (the 'Site', 'we', 'us', or 'our') collects, uses, and shares your personal data when you visit, use, or make a purchase at ever-breeze.nl (the 'Site') or otherwise communicate with us about the Site (collectively, the 'Services'). For the purpose of this Privacy Policy, 'you' and 'your' refer to you as a user of the Services, whether you are a customer, website visitor, or any other person whose information we have collected pursuant to this Privacy Policy.

Please read this Privacy Policy carefully.

Changes to this Privacy Policy

We may update this Privacy Policy from time to time, including to reflect changes in our practices or for other operational, legal, or regulatory reasons. We will post the updated Privacy Policy on the Site, update the date under 'Last updated', and take any other steps required by applicable law.

How we collect and use your personal data

To provide the Services, we collect personal information about you from various sources, as set out below. The information we collect and use depends on your interactions with us.

In addition to the specific uses outlined below, we may use the information we collect about you to communicate with you, provide or improve the Services, comply with all applicable legal obligations, enforce applicable terms of service, and to protect or defend the Services, our rights, and the rights of our users or others.

What personal data we collect

The type of personal data we obtain about you depends on your interactions with our Site and your use of our Services. When we use the term 'personal data', we mean data that identifies you, relates to you, describes you, or could be linked with you or associated with you. The following sections describe the categories and specific types of personal data that we collect.

Information we collect directly from you

Information that you directly provide to us through our Services may include:

• Contact information including your name, address, phone number, and email address.
• Order information including your name, billing address, shipping address, payment confirmation, email address, and phone number.
• Account information including your username, password, security questions, and other information used for account security.
• Shopping information including items you view, place in your cart, save in your account, such as loyalty points, reviews, referrals or gift cards, or purchase.
  • Loyalty points/product reviews/referrals/gift cards
• Customer support information including information you choose to include in communications with us, for example when you send a message through the Services.

For some features of the Services, we may need you to provide us with certain information about yourself directly. You can choose not to provide this information, but in that case, you may not be able to use or access these features.

Information we collect about your usage

We may also automatically collect certain information about your interaction with the Services ('Usage Data'). To do this, we may use cookies, pixels, and similar technologies ("Cookies'). Usage Data may include information about how you visit and use our Site and your account, including device information, browser information, information about your network connection, your IP address, and other information about your interaction with the Services.

Information we obtain from third parties

Finally, we may obtain information about you from third parties, including from vendors and service providers who may collect information on our behalf, such as:

• Companies that support our Site and Services, such as Shopify.
• Our payment processors, who collect payment information (such as bank account, credit or debit card information, billing address) to process your payment, fulfill your orders and provide the products or services you requested, so that we can perform the contract we have with you.
• When you visit our Site, open or click on emails we send you, or interact with our Services or advertisements, we, or third parties we work with, may automatically collect certain information using online tracking technologies such as pixels, web beacons, software developer kits, third-party libraries, and cookies.

All information we obtain from third parties is treated in accordance with this Privacy Policy. Please also see the section below, Third-Party Websites and Links.

How we use your personal data

• Providing products and services. We use your personal data to provide you with the Services according to the contract we have with you, including processing your payments, fulfilling your orders, sending notifications regarding your account, purchases, returns, exchanges, or other transactions, creating, maintaining, and otherwise managing your account, arranging for shipping, facilitating returns and exchanges, and other features and functionalities relating to your account. We may also enhance your shopping experience by allowing Shopify to match your account to other Shopify services you might want to use. In this case, Shopify processes your data as set out in its Privacy Policy and Consumer Privacy Statement.
• Marketing and advertising. We may use your personal data for marketing and promotional purposes, such as sending marketing, advertising, and promotional communications by email, SMS, or mail, and to show you advertisements for products or services. This may involve using your personal data to better target the Services and advertisements on our Site and other websites. If you are a resident of the EEA, the legal basis for these data processing activities is our legitimate interest in selling our products, pursuant to Art. 6 (1) (f) GDPR.
• Security and fraud prevention. We use your personal data to detect, investigate, or take action regarding possible fraudulent, illegal, or malicious activities. If you choose to use the Services and register an account, you are responsible for keeping the login credentials of your account safe. We strongly advise you not to share your username, password, and other access data with anyone else. If you think your account has been hacked, please contact us immediately. If you are a resident of the EEA, the legal basis for these data processing activities is our legitimate interest in keeping our website secure for you and other customers, pursuant to Art. 6 (1) (f) GDPR.
• Communication and service improvement. We use your personal data to provide you with customer support and to improve our Services. This is in our legitimate interest to communicate with you, provide you with effective services, and maintain our business relationship with you pursuant to Art. 6 (1) (f) GDPR.

Cookies

Like many other websites, we use cookies on our Site. Specific information about the cookies we use in relation to supporting our shop with Shopify can be found via https://www.shopify.com/legal/cookies. We use Cookies to support and improve our Site and our Services (including to remember your actions and preferences), to conduct analytics, and to gain more insight into user interaction with the Services (in our legitimate interest to manage, improve, and optimize the Services). We may also allow third parties and service providers to use cookies on our Site to better target the services, products, and advertisements on our Site and other websites.

Most browsers automatically accept Cookies by default, but you can set your browser to remove or reject cookies in the browser settings. Please note that removing or blocking cookies can negatively impact your user experience and may cause some of the Services, including certain features and general functionality, not to work properly or be available. Furthermore, blocking Cookies may not completely prevent the ways in which we share information with third parties such as our advertising partners.

How we disclose personal data

In certain circumstances, we may disclose your personal data to third parties for contractual performance, legitimate purposes, and other reasons falling under this Privacy Policy. Such circumstances may include:

• With vendors or other third parties who perform services on our behalf (for example, IT administration, payment processing, data analysis, customer support, cloud storage, fulfillment, and shipping).
• With business and marketing partners to provide services and show advertisements to you. Our business and marketing partners will use your data in accordance with their own privacy statements.
• When you instruct us, request us, or otherwise consent to sharing certain data with third parties, for example to deliver products to you or through your use of social media widgets or login integrations, with your consent.
• With our affiliates or otherwise within our corporate group, in our legitimate interests of running a successful business.
• In connection with a business transaction, such as a merger or bankruptcy, to comply with applicable legal obligations (including responding to subpoenas, search warrants, and similar requests), to enforce applicable terms of service, and to protect or defend the Services, our rights, and the rights of our users or others.

We disclose the following categories of personal data and sensitive personal data about users for the purposes as set forth above in "How we collect and use your personal data" and "How we disclose personal data":

Category	Categories of recipients
Identification data such as basic contact information and certain order and account information Commercial information such as information about orders, shopping, and customer support Internet or other similar network activity, such as Usage Data Geolocation data such as locations determined by an IP address or other technical measures	Vendors and third parties that provide services on our behalf (such as internet service providers, payment processors, fulfillment partners, customer support partners, and analytics providers) Business and marketing partners Affiliates

We do not use or disclose sensitive personal data without your consent or for the purpose of inferring characteristics about you.

With your consent, we share personal data as follows to conduct advertising and marketing activities.

Third-Party Websites and Links.

Our Site may contain links to websites or other online platforms operated by third parties. If you follow links to sites not affiliated with or controlled by us, you should review their privacy and security policies and other terms and conditions, as they may be different from those of our Site. We do not guarantee and are not responsible for the privacy or security of such sites, including the accuracy, completeness, or reliability of their information. Information you provide in public or semi-public venues, including information you share on third-party social networking platforms, may also be visible to other users of the Services and/or users of those third-party platforms without limitation as to its use by us or by a third party. The inclusion of such links on our Site does not, by itself, imply any endorsement of the content on such platforms or of their owners or operators, except as expressly stated on the Services.

Children's Data

The Services are not intended for use by children, and we do not knowingly collect personal data from children. If you are the parent or guardian of a child who has provided us with personal data, you may contact us using the contact information below to request that it be deleted.

As of the effective date of this Privacy Policy, we do not have actual knowledge that we "share" or "sell" (as those terms are defined under applicable law) personal data of individuals under 16 years of age.

Security and Retention of Your Data

Please note that no security measure is perfect or impenetrable, and we cannot guarantee "perfect security." Moreover, information transmitted over the internet may not be secure during transmission. We recommend that you do not use unsecured channels to communicate sensitive or confidential information to us.

How long we keep your personal data depends on various factors, such as whether we need the data to maintain your account, to provide the Services, to comply with legal obligations, to resolve disputes, or to comply with other applicable contracts and policies.

Your Rights

Depending on where you live, you may have some or all of the rights listed below with respect to your personal data. However, these rights are not absolute and may only apply in certain circumstances, and in certain cases, we may decline your request, as permitted by law.

• Right to access/know: You may have the right to request access to the personal data we maintain about you, including details about how we use and share your data.
• Right to delete: You may have the right to request that we delete the personal data we maintain about you.
• Right to correction: You may have the right to request that we correct inaccurate personal data we maintain about you.
• Right to portability: In certain circumstances and with certain exceptions, you may have the right to receive a copy of the personal data we maintain about you and to request that we transfer it to a third party.
• Right to opt out of sale, sharing, or targeted advertising: You may have the right to request that we do not "sell" or "share" your personal data, or to opt out of the processing of your personal data for purposes considered to be "targeted advertising", as defined in applicable privacy laws. Please note that if you visit our Site with the Global Privacy Control opt-out preference signal enabled, we will, depending on where you are located, automatically treat this as a request to opt out of the "sale" or "sharing" of information for the device and browser you use to visit the Site.
• Restriction of processing: You may have the right to ask us to stop or restrict the processing of personal data.
• Withdrawal of consent: Where we require your consent to process your personal data, you may have the right to withdraw this consent.
• Appeal: You may have the right to appeal our decision if we refuse to process your request. You can do this by responding directly to our rejection.
• Manage communication preferences: We may send you promotional emails, and you can opt out of receiving these at any time by using the unsubscribe option included in the emails we send you. If you opt out, we may still send you non-promotional emails, such as emails about your account or orders you have placed.

You can exercise any of these rights where indicated on our Site or by contacting us using the contact information below.

We will not discriminate against you for exercising any of these rights. We may need to collect information about you, such as your email address or account information, to verify your identity before responding substantively to the request. In accordance with applicable law, you may designate an authorized agent to submit requests on your behalf to exercise your rights. Before accepting such a request from an agent, we require that the agent provide proof of this authorization to act on your behalf, and we may need you to verify your identity directly with us. We will respond to your request in a timely manner as required under applicable law.

Complaints

If you have complaints about how we process your personal data, you can contact us using the contact information below. If you are not satisfied with our response to your complaint, you may, depending on where you live, have the right to appeal our decision by contacting us using the contact information below, or to lodge your complaint with your local data protection authority. For the EEA, you can find here a list of the responsible data protection supervisory authorities.

International Users

Please note that we may transfer, store, and process your personal data outside the country in which you reside. Your personal data is also processed by staff and external service providers and partners in these countries.

When we transfer your personal data outside Europe, we rely on recognized transfer mechanisms such as the European Commission's Standard Contractual Clauses, or equivalent contracts issued by the relevant competent authority of the United Kingdom, as relevant, unless the data is transferred to a country that has been determined to provide an adequate level of protection.

Contact

If you have any questions about our privacy practices or this privacy policy, or if you wish to exercise any of the rights available to you, please call us or email us at klantenservice@ever-breeze.nl or contact us at Waalbandijk 145, Hellouw, 4174 GR, NL.

For the purposes of applicable data protection law and unless explicitly stated otherwise, we are the data controller of your personal data.