Yellow Octopus AI Wardrobe Assistant PRIVACY POLICY
We are Yellow Octopus AI Wardrobe Assistant, a company registered
Yellow Octopus EU

Gromadzka 5

05-806 Sokolow, Poland (“Yellow Octopus AI Wardrobe Assistant”, “we”, “our”, or“us”).
We are an online marketplace and intermediary forsustainable fashion, allowing Users to join discount schemes or membershipprograms, manage their online wardrobe, list their Items and interact withother Users and Merchants by Swapping, Donating, Upcycling and Reselling theirItems, by sharing their styling ideas, by creating their own wish list, byposting comments, by sending private messages or by using any other feature ofthe Services.For the purpose of the GDPR, the UK GDPR and the DataProtection Act 2018, we are the data controller for our users’, partners’,website visitors and prospects data to the extent it pertains to naturalpersons. We may act as joint controllers with our partners for the users’personal data that we share with them, please see section “Sharing yourinformation” below. We have set out a joint controller arrangement whichreflects our respective roles and responsibilities. You can ask for furtherinformation about this by contacting us at privacy@yellow-octopus.appThis policy (together with our Terms and Conditions and anyother terms or documents referred to on them) sets out the basis on which anypersonal data we collect from you, or that you provide to us, will be processedby us. It applies to our users, our partners, our website visitors and to otherindividuals whose data we may process, except for our employees (“you”,“your”). This Privacy Policy (together with our Terms and Conditions) appliesto your use of www.yellow-octopus.app (our “Site”); our application YellowOctopus AI Wardrobe Assistant app for a mobile telephone or handheld device(our “App”); and any services accessible through our Site or App(“Services”).  It also covers how we use your information, with whom weshare or disclose it, where we might transfer it and how we protect thatinformationPlease read the following information carefully. Our PrivacyPolicy may change from time to time so please, check the Site or the Appoccasionally for any updates.  If we change this policy, we will post therevised policy on our website with the date from which it is effective. If wemake significant changes to the policy, we may also notify you more explicitlyby, for example, sending an email at the email address provided at the time ofregistration or displaying a notice on your device.If you have any questions about our privacy practices,please contact us atprivacy@yellow-octopus.app.You can also contact our appointed DPO, Aphaia, using thefollowing contact details:Aphaia LtdEagle House163 City Road, LondonEC1V 1NRTelephone: +44 20 3917 4158Email address: dpo@aphaia.co.ukInformation CollectionWhen you visit or use our Services via the Site or App, wemay collect a variety of information from you, which may include:Personal information you provide usPersonal information is information that can be used toidentify a single person (“Personal Information”). You may provide PersonalInformation to us when you register to use the Site or App, when you createyour customer profile on the Website; when filling in forms on our Site orApp; using the service (such as registering your payment card or loyalty schemecard); when you purchase or sell a product on the Website; when you subscribeto our mailing list ("newsletter"); when you use the messaging toolmade available to you to contact other users of the Website or mobile App (the"Chat");corresponding with us by phone, e-mail or otherwise;participating in discussion boards; sharing, linking or using any other socialmedia functions on our Site or App; or if you enter a competition, lottery orcontest, promotion or survey; when you browse the Website and look at theproducts; when you accept the installation of certain cookies.Personal information you give us may include the followingcategories of personal data:Users: First and last name, country, date of birth,title, gender, billing and delivery address, nationality, age, user profilephoto/or image, email address, physical address, phone number, orderdetails and history, clothes submitted, coupons, which service(s) and whatdifferent functions in these services you have used and how you have used them,your personal preferences, payment information including credit and debitcard details (card number, expiry date and CVV code), bank account number, bankname and transactions history, including: 1. what you bought via differentretailers; 2. what you bought from other Yellow Octopus AI Wardrobe Assistant users;3. what you sold to other Yellow Octopus AI Wardrobe Assistant users; 4. whatyou donated to any charity; 5. what clothes you swapped with other YellowOctopus AI Wardrobe Assistant users; 6. what you returned to the retailer and7. what clothes you sent for Upcycling, 8. login details (name and password),social media login if used to login to Yellow Octopus AI Wardrobe Assistant,payment details, claims, incidents, information concerning deliveries,correspondence on Yellow Octopus AI Wardrobe Assistant website, and ifapplicable, the company’s name and the VAT number, all content shared on theWebsite (comments, messages etc., 9. Data Information aboutgoods/services - Details concerning the goods/services you have bought orordered, such as type of item or delivery tracking number. 10. audiorecordings, photos and video recordings of you and your clothes, as well asstyling ideas etc 11. Your comments, reviews, opinions 12. Your favouriteitems, your wishlist 1. Content you listed/shared/posted/exchange with yourfriends/people you observed/followed 14. Your keywords you use for searchingitems/services.Partners (including retailers, charities, influencers,media/PR and other groups that might be interested in cooperation with YellowOctopus AI Wardrobe Assistant): Name, company email address, job title,physical address, business phone number, company and position, website addressof the company, contract, VAT ID.Certain data is collected automatically through your actionson the site (see the section on cookies)Information that we collect about youEach time you visit our Site or use our App, we mayautomatically collect the following information:Technical information, including the Internet protocol (IP)address used to connect your computer to the Internet, the type of mobiledevice you use, mobile network information; browser type and version, time zonesettings, operating systems and platforms.Details of your use of our Site or App including, but notlimited to, traffic data, location data, weblogs and other communication data,connection and browsing data and the resources that you access. Technicalinformation generated through your use of Yellow Octopus AI Wardrobe Assistant servicessuch as response time for web pages, download errors and date and time when youused the service.  Location information. We may also use GPS technology todetermine your current location. Some of our location-enabled services requireyour personal information for the feature to work.Information about your contacts with Yellow Octopus AIWardrobe Assistant customer service - Recorded phone calls, chatconversations and email correspondence.Your contacts with the stores you shop at or visit -Information about how you interact with stores, such as whether you have receivedgoods and the type of store you shop at.Device information - IP address, language settings,browser settings, time zone, operating system, platform, screen resolution andsimilar information about your device settings.Service-specific personal data - Within the frameworkof our services through the Yellow Octopus AI Wardrobe Assistant mobileapplication, Yellow Octopus AI Wardrobe Assistant payment accounts, EmailConnect, Personal Finance and event registrations, we use additional personaldata that are not covered by the categories listed above. Information regardingeach service is listed here:Yellow Octopus AI Wardrobe Assistant desktop and mobileapplication: All contents you upload to the app (such as potos, styliingideas and boards, or receipts), location information, information about how youuse the browser, and the websites you visit;Yellow Octopus AI Wardrobe Assistant paymentaccounts: Information about your transactions. Yellow Octopus AI Wardrobe Assistantwill also process data about third parties (such as payees or payers) forYellow Octopus AI Wardrobe Assistant services;Email Connect: Information from the connected e-mailaccount about your completed purchases, product, price and quantityinformation, delivery tracking numbers and information about stores that wepass on to the Yellow Octopus AI Wardrobe Assistant mobile application;Personal Finance: Information from your other bankaccounts and other types of accounts (such as card accounts) that you choose toconnect to the service, as well as information such as account number, bank,historical transactionsEvent registration on social media: Information aboutyour profile from your social media accountThe banking information relating to your order isautomatically processed by PayPal and Stripe. The purpose of this automateddata processing is to enable the authentication of the persons paying an orderand to prevent payment fraud. Non-payments due to fraudulent use of creditcards will result in the registering of contact information relating to yourorder, in connection with such non-payment, in an internal payment incidentfile as well as by the service providers listed above.Information we receive about you from other sourcesWe may receive information, including Personal Information,about you from third parties we work closely with, including, for example,business partners, sub-contractors in technical, payment and delivery services,advertising networks, analytics providers, search information providers andcredit reference agencies. These third parties normally act as our processors.If you have registered for the Service on our Site or Appvia Facebook, or other third party social networking sites (“SNS”), we willobtain information you have provided to the SNS (such as your name, profilepicture, email address and other information you make publicly available viathe applicable SNS) from the account you have with such SNS and will use thatinformation to create your Yellow Octopus AI Wardrobe Assistant account andeach time you register for a Yellow Octopus AI Wardrobe Assistant scheme ormembership program. The information we obtain may depend on the privacysettings you have with the SNS.We may combine the information we receive about you withinformation you give to us and information we collect about you and use thecombined information for the purposes set out below (depending on the types ofinformation we receive).CookiesOur Site and App uses cookies. A cookie is a small file ofletters and numbers that we put on your computer or other device. These cookiesallow us to distinguish you from other users of our Site or App, which helps usto provide you with a good experience when you use our Site or App and alsoallows us to improve our Service.We use necessary cookies to make our Site and App work andwe would also like to set optional cookies to help us improve it and give youthe best experience possible.The exact names of cookies we use on our Site and App maychange over time, however, the descriptions below set out the types of cookiesthat operate on our Site and App. You can obtain an up to date list of thecookies we use by contacting us at privacy@yellow-octopus.app.Strictly necessary cookies. These are cookies that arerequired for the operation of our website, to provide services explicitlyrequested by you or to comply with any other legislation that applies to us,such as the security requirements of the GDPR or the UK GDPR. They include, forexample, cookies that help ensure that the content of a page loads quickly andeffectively.Analytical cookies. They allow us to recognise and count thenumber of visitors and to see how visitors move around our website when theyare using it. We use them to collect information about how visitors access ourservices, such as the number of users on our website, how long they stay on thesite for, and what parts of the site they visit. This helps us to improve theway our websites work, for example, by ensuring that users are finding whatthey are looking for easily.Advertising cookies. These record your visit to our website,the pages you have visited and the links you have followed. We will use thisinformation to make our website and the advertising displayed to you morerelevant to your interests and to understand that content’s effectiveness.Functionality/personalisation cookies. These are used torecognise you when you return to our websites, which enables us to personaliseour content for you and remember your preferences, for example, to load thechatbot.When you use our Site or App for the first time, you aregiven the opportunity to accept or decline not strictly necessarycookies.  By using the tick boxes or toggles on the cookie banner, you areconsenting to or declining our use of cookies by category as set out in thispolicy. You can also change your cookie consents at any time by accessing thecookie banner or by emailing us at privacy@yellow-octopus.appOur use of cookies is proportionate in relation to ourintended outcome and limited to what is necessary to achieve our purpose.Session cookies. These cookies allow us to recognise andlink the actions of a user during a browsing session. They are temporary andexpire at the end of a browser session, normally when you exit the browser.Persistent cookies. This category encompasses all cookiesthat are stored on a user’s device in-between sessions. All persistent cookieshave an expiration date written into their code, but their duration can varyfor each category or specific cookie. The persistent cookies we use normallyexpire after six months. If you require more information regarding the durationof a particular cookie used by us please contact us at privacy@yellow-octopus.appYou can set up your preferences the first time you visit ourSite or App and at any time through our cookie banner or by contacting usat privacy@yellow-octopus.appYou can delete all cookies that are already on your deviceby clearing the browsing history of your browser. This will remove all cookiesfrom all websites you have visited. Browsers also allow you to control accessto cookies. You can find below the links providing information about how youcan do this for the major browsers:Microsoft EdgeInternet ExplorerChromeFirefoxSafariTo find information relating to other browsers, visit thebrowser developer's website.You can find specific information about the cookies that weuse in the links below:AppsFlyerGoogle AnalyticsTikTok pixelMeta for businessFacebook pixelThe cookies that we use may change from time to time.To find out more about cookies, including how to see whatcookies have been set,visit www.aboutcookies.org or www.allaboutcookies.org.Use of Your InformationWe use your information for the following purposes:to provide you with our Services, including carrying out ourobligations arising from any contracts entered into between you and us;to manage user accounts (subscribe, unsubscribe, exclude,etc.)to provide you with Services related information andinformation on and/or about retailers and/or service providers who run loyaltyschemes or membership programs (“Merchants”);to provide you with information about products or servicesthat you request from us or which we feel may interest you where you haveprovided us with your consent except where you have requested not be contactedfor such purposes;to provide you, or permit selected third parties to provideyou, with information about products or services we feel may interest you,where you have provided your express consent;to notify you about changes to our Site, App or Service;to resolve any problems or claims;to prevent and prosecuting fraud;to meet legal, regulatory, insurance and securityrequirements an obligations;to manage applications for jobs with Yellow Octopus AIWardrobe Assistant;to customise, assess and improve our services and content;to prevent, detect and investigate any activities that arepotentially prohibited and illegal;to improve the quality of the services that Yellow OctopusAI Wardrobe Assistant offers to its users: moderate messages by/to users sendthrough the private chat and in their comments;to ensure that our terms and conditions of use are compliedwith;to detect unsolicited content, malicious computer programs;to identify potential misbehaviour reported by a user;to obtain information on claims or disputes between.We may further use your information to improve our Serviceand to offer you tailored content so that you have a more relevant andbeneficial experience and to analyse and understand how our Site, App andService are used, which includes:offering you improved customer service and support;personalising your visits to the Site or App to improve ourService;conducting market research;anonymizing Personal Information and preparing aggregateddata reports showing anonymized information for the purpose of advisingourselves, Merchants and our  business partners regarding past andpotential future patterns of spending, fraud, and other insights that may beextracted from this data; andcarrying out technical and statistical analysis to monitorour Service, the Site and App.ensuring that content on our Site and App is presented inthe most effective manner for you.MarketingYou may receive marketing communications from us if you haveopted-in for receiving that marketing.Where you opt out of receiving these marketingcommunications, we may still process your personal data for other requiredpurposes.We do not sell, rent or lease or provide in any other wayour customer lists to third parties.If you decide at any time that you no longer wish to receivemarketing communications from us by email, please follow the unsubscribeinstructions provided in any of the communications you receive from us orcontact us at privacy@yellow-octopus.app  If you no longer want toreceive push notifications, you can update your preferences in the App viaSettings.The basis for processing your dataWe process your data for the performance of the contractthat you have entered into for the provision of our services, and/or in orderto take steps at your request to enter into the contract.Some data is processed based on our legitimate interest,notably our partners’ and prospects’ employees’ and contractors’ data in orderto communicate with the partners and prospects. Whenever we process anypersonal data based on legitimate interest we will conduct a LegitimateInterest Assessment to ensure that the individual’s interests do not overridethose legitimate interests.We will ask you for your consent in the following cases:When we need access to contacts in the address book,pictures, videos and any other personal documents stored in your device.When we need to access your location information in order tobe able to provide you with a particular feature in the Site or App that youwished to use.When we want to place information in your device (notstrictly necessary cookies). Please see the section “Cookies” in this PrivacyPolicy.In order to carry out profiling based on the user’sactivities in the Site or App, in particular in relation to reselling,donating, upcycling and swapping.In order to send you marketing communications. See thesection “Marketing” in this Privacy Policy.Your consent will also be required in case we share some ofyour data with third parties for a purpose different from those comprised inthis Privacy Policy and that is not indispensable for the provision of ourservices. We may ask for your consent in other cases where we process yourdata.You can withdraw your consent at any time by contacting usat privacy@yellow-octopus.app. When it comes to location information, youcan also withdraw your consent at any time by updating your location servicespreferences in the handset via Settings. Please note that the withdrawal ofconsent will not affect the lawfulness of processing based on consentbefore its withdrawal.Sharing Your InformationWe do not rent or sell your personal information to anyonewithout your explicit consent, but, subject to the need to perform the contractwith you based on the contract you enter with us and our legitimate interests,we may share your personal information as set out below:Merchants and our business partners. We may share thefollowing information:purchase history;in App user activities: data related to SWAP/ Resell/donate/upcycle/return;in App user activities related to what you post, like, etc;information about key trends based on data collected byYellow Octopus AI Wardrobe Assistant (purchase /resell/returns/swapping), in ananonymised form.Some personal data may be visible to other Yellow Octopus AIWardrobe Assistant users, in particular if you make your profile public.Sellers, if the items you purchase are sent to you directlyby them;Purchasers, to enable them, where appropriate, to return tosellers the items they purchases directly from them;Our third-party service providers who perform functions onour behalf in connection with the operation of our business such as IT serviceproviders, including cloud storage, analytics, image recognition andcommunications providers, and system administrators or third parties who hostand manage data;Delivery and services payment providers;Product verification service providers;Analytics, CRM and other software that assist us in thecommunication with you and the improvement and optimisation of our Site or App;Any other third parties for the purpose of enabling theservices you book to be carried out;Other companies in the group for administrative andorganisational purposes;Third parties if we are required to do so by law, or if webelieve that such action is necessary to: (a) fulfil a government, orregulatory authority request; (b) conform with the requirements of the law orlegal process; (c) protect or defend our legal rights or property, our websitesor customers;Other reasons. We may also share your personal informationwith a purchaser or potential purchaser of our business.We may also need to disclose your information to comply withapplicable laws and enforceable requests for information from government orregulatory bodies, or in order to enforce or apply our Terms and Conditions andother agreements; or to protect the rights, property, or safety of YellowOctopus AI Wardrobe Assistant, our customers, or others.Any other third parties with your express consent. Forexample, where you have given us your express consent, we will supply yourinformation to our partners and selected third parties, including Merchants, sothat they may contact you with information and offers which may be of interestto you.International data transfersThe data that we collect from you may be transferred to, andstored at, a destination outside the European Economic Area (“EEA”), where thelaws on processing personal data may be less stringent than in your country. Itmay also be processed by staff operating outside the EEA who work for us or forone of our suppliers. This includes staff engaged in, among other things, thefulfilment of your order, the processing of your payment details and theprovision of support services.We will take all steps reasonably necessary to ensure thatyour data is treated securely and in accordance with this Privacy Policy, byensuring at least one of the following safeguards is implemented:-transferring your personal data to countries that have beendeemed to provide an adequate level of protection for personal data by theEuropean Commission;-entering into specific contractual terms which have beenapproved by ICO or/and by the European Commission, as applicable, and whichgive personal data the same protection as within the EEA;For further information on the safeguards used, pleasecontact us at privacy@yellow-octopus.appData retentionWe retain personal information for as long as we require forthe purposes for which it is processed or as is otherwise required byapplicable law, based on our data retention schedule. Our retention periodswill vary depending on the type of data involved, but, generally, we will referto these criteria in order to determine retention period:-Whether we have a legal or contractual need to retain thedata.-Whether the data is necessary to provide our Services.When calculating the appropriate retention period for yourdata, we consider the nature and sensitivity of the data, the purposes forwhich we are processing the data, and any applicable statutory retentionperiods.We may retain aggregate historical transactions data.If you require further information about our data retentionschedule, please contact us at privacy@yellow-octopus.appYour rightsUnder the GDPR and the UK GDPR, you are entitled to certainrights in relation to our handling of your personal data, as described below.–Request access to your personal data that we holdabout you (commonly known as a “data subject access request” or DSAR). Thisenables you to receive a copy of the personal data we hold about you or areotherwise processing;-The right to obtain without undue delaythe rectification of inaccurate personal data concerning you,including the right to have incomplete personal data completed e.g. by means ofproviding a supplementary statement. This enables you to have any incomplete orinaccurate data we hold about you corrected. We will need to verify theaccuracy of the new data you provide to us;–Restriction of processing of your personal data. Thisenables you to ask us to suspend the processing of your personal data undersome circumstances.–Right to erasure (‘right to be forgotten’). Thisenables you to ask us to delete or remove personal data where there is no goodreason for us continuing to process it, except for information where a contractor legitimate interest continues to exist (e.g. to pursue claims), among otherexceptions. Please note that deleting your account does not mean that your datawill also be automatically deleted. After you have deleted your account, youwill have 30 days to restore it before all information is permanently deleted.If you delete any or all personal information while your account is active,then your account may become deactivated if such information is necessary inorder to provide the services or certain functionality may be reduced.–Object to processing of your personal data where weare relying on a legitimate interest (or those of a third-party) and there issomething about your particular situation which makes you want to object toprocessing on this ground as you feel it impacts on your fundamental rights andfreedoms. You also have the right to object where we are processing yourpersonal data for direct marketing purposes. In some cases, we may demonstratethat we have compelling legitimate grounds to process your information whichoverride your rights and freedoms;-You may exercise your right of dataportability in a common, machine readable form by obtaining your data bysending us an email request.Where another mechanism is not provided, you can exercisethe rights at any time by contacting us at privacy@yellow-octopus.appWhere your request is manifestly unfounded or excessive, inparticular because of its repetitive character, we may either: charge areasonable fee taking into account the administrative costs of providing theinformation or communication or taking the action requested; or refuse to acton the request. In any case we will inform you accordingly..ChildrenInformation SecurityWe take the security of your Personal Information veryseriously and use strict procedures and security features to try to preventunauthorised access of your Personal Information.We have put into place the following procedures to protectthe Personal Information we hold about you from misuse and loss, and fromunauthorised access, modification or disclosure:All access between public untrusted networks, internalnetwork, semi-trusted zone and trusted zone is controlled and monitored usingstate of the art firewalls capable of deep packet inspection. Services andprotocols enabled are for valid business requirements only.  All networkzones are isolated from one another and all connections between zones areexplicitly enabled and all other access denied by default.There is no direct connection between the untrusted (public)and trusted (private) zones.  Our network and perimeter are monitored andprotected by state of the art firewalls, anti-virus and integrity managementsoftware and we undertake annual internal and external vulnerability testing byqualified security assessors. Our team maintain our systems with regular OSupdates and distributed system logging to ensure we are up-to-date and aware ofanomalies in the shortest time possible.All of our platform hardware is housed in a secure datacentre with network and power supply redundancy and physical security measuresto prevent unauthorized access.We work hard to maintain these procedures and keep themcurrent and up to date.Links to Other SitesOur Site or App may contain links to and from other websites(“Third Party Sites”). If you choose to follow a link to a Third Party Site,please note that these websites have their own privacy policies and that we donot accept any responsibility or liability for these policies. Please checkthese policies before submitting any information to a Third Party Website.The fact that we link to a Third Party Site should not betaken as an endorsement, authorisation or representation of our affiliationwith that third party or of the information, products, goods or services thatthird party may offer.Changes to this PolicyContacting UsIf you have any questions about this Privacy Policy, pleasecontact us at privacy@yellow-octopus.appYou can also contact our appointed DPO, Aphaia, using thefollowing contact details:Aphaia LtdEagle House163 City Road, LondonEC1V 1NRTelephone: +44 20 3917 4158Email address: dpo@aphaia.co.ukYou may always launch a complaint regarding our processingof your data by contacting the UK Information Commissioner’s Office withico.org.uk