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Privacy Policy

This Privacy Policy is provided to inform you of our policies and procedures regarding the collection, use, protection, and disclosure of Personal Information received, provided and collected from your use of www.miann.co, and related websites and social media sites operated by MIANN or MIANN LLC (the “Site” or “we”).

 

Personal Information We May Collect
For the purpose of this Privacy Policy, “Personal Identifiable Information” means any information by which someone can be personally identified. This includes contact information such as: name, email address, mailing address, phone number and other information incidental to providing goods or services (referred to herein as “Personal Information”). We collect personal identifiable information from you only when you voluntarily provide us with this information, such as when creating an account, placing an order on the Site, contacting us with a question or comment, participating in a “Refer a Friend” program or signing up to receive marketing emails from us.

In addition, as is true of most websites, we may also gather non-personal identifiable information about your device such as your: version of web browser, IP address, time zone, cookie information, what sites or products you view, search terms, and how you interact with the Site. The Site uses a browser feature known as a cookie, which assigns a unique identification to your computer. The information collected from cookies allows us to provide better customer service to you and to improve features of our Site in a variety of ways, including by determining whether you have visited the Site in the past and which pages of our Site you have visited.

Please note if you are uncomfortable with the idea of your information being used in this way, most computer systems and web browsers offer privacy settings and options, such as disabling cookies or opting for “Do Not Track” features. We do not override these settings or options; we do not alter our data collection and usage practices when we detect such a signal from your browser. See the list below for more information about what Personal Information we collect and why.

Device information

  • Examples of Personal Information collected: version of web browser, IP address, time zone, cookie information, what sites or products you view, search terms, and how you interact with the Site.
  • Purpose of collection: to load the Site accurately for you, and to perform analytics on Site usage to optimize our Site.
  • Source of collection: Collected automatically when you access our Site using cookies, log files, web beacons, tags, or pixels 
  • Disclosure for a business purpose: shared with our processor Shopify, Google, Facebook, Amazon.

Order information

  • Examples of Personal Information collected: name, billing address, shipping address, payment information (including credit card numbers, email address, and phone number.
  • Purpose of collection: to provide products or services to you to fulfill our contract, to process your payment information, arrange for shipping, and provide you with invoices and/or order confirmations, communicate with you, screen our orders for potential risk or fraud, and when in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
  • Source of collection: collected from you.
  • Disclosure for a business purpose: shared with our processor Shopify, Payment Gateways, Paypal, Google Pay, Apple Pay, Shop, Sendle for shipping and fulfillment, Amazon.

Customer support information

  • Examples of Personal Information collected: name, billing address, shipping address, payment information (including credit card numbers, email address, and phone number.
  • Purpose of collection: to provide customer support.
  • Source of collection: collected from you.
  • Disclosure for a business purpose: Google, Sendgrid


Minors
The Site is not intended for individuals under the age of 16. We do not intentionally collect Personal Information from children. If you are the parent or guardian and believe your child has provided us with Personal Information, please contact us at the address below to request deletion.


How We May Share Your Information

We may share information collected through the Site with our subsidiaries, affiliated companies and business partners for the purpose of providing you with the products and services you seek from the Site. Furthermore, in order to provide you with a better customer experience, we may share information with service providers, subcontractors, and business partners who have been retained to perform business functions on our behalf or to provide services to us. These services include:

  • We use Shopify to power our online store. You can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy
  • We may share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
  • Order fulfillment and delivery
  • Customer service and support
  • Email service delivery
  • Advertising, behavioral advertising, marketing, surveys, and promotions, including partnerships and collaborations with other companies whose products or services we think you might enjoy
  • Information technology and office services, including software and website development, website hosting, management and evaluation, and data processing, exchange, and cross-referencing
  • Payment processing services, fraud protection, and credit risk reduction

In addition, by submitting your personal information on our Site, you are hereby granting permission and making an “inquiry” to us, our affiliated entities, third party marketing partners/vendors to be contacted. You are also consenting to receive telephone calls for a limited period from our affiliates, and partners/vendors, even if the telephone number you submitted appears on any state and/or federal Do Not Call list, because your inquiry serves as an exception to state and/or federal Do Not Call requirements.

We reserve the right to disclose your personal information as required by law such as to comply with a subpoena or similar legal process; when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request; if our company is involved in a merger, acquisition, or sale of all or a portion of its assets.


How We Use Your Information
We use your personal Information to provide our services to you, which includes: offering products for sale, processing payments, shipping and fulfillment of your order, and keeping you up to date on new products, services, and offers.

  1. Send you requested information
  2. Respond to customer service requests
  3. Send you a newsletter or other marketing communications
  4. Respond to your questions and concerns
  5. Improve our website and marketing efforts and otherwise assess the needs of our business, and to perform analytics on Site usage to optimize our Site.
  6. Conduct research and analysis to help develop better products

 

Retention
When you place an order through the Site, we will retain your Personal Information for our records unless and until you ask us to erase this information. We may retain records of your personal identifiable information for a period of time. This is to allow us to follow-up on a request pertaining to your order history, resolve a dispute or for similar reasons or in order to comply with applicable federal, state, or local law. In addition, some personal information may also continue to be stored on backup files for financial, legal, or technical reasons.

For more information on your right of erasure, please see the ‘Your rights’ section below.

 

Your rights
You may use the Site without providing any personal identifiable information. If you have created an account on the Site and decide to delete it, you may do so by emailing hello@miann.co.

If you do not wish to receive marketing information from us, you may follow the unsubscribe instructions included in the emails you receive or contact hello@miann.co. We will continue to send you non-promotional, service emails in regard to your account, such as: order issues, billing and payment information, and other emails relating to your account, orders and/or your use of the Site.

At your request, we will confirm what personal identifiable information we collect or store about you. You may correct, update and/or remove such information. You may also request that we stop using or sharing your personal identifiable information. You may contact us for any of the foregoing by emailing hello@miann.co.

 

GDPR
If you are a resident of the EEA, you have the right to access the Personal Information we hold about you, to port it to a new service, and to ask that your Personal Information be corrected, updated, or erased. If you would like to exercise these rights, please contact us by emailing hello@miann.co.

Your Personal Information will be initially processed in Ireland and then will be transferred outside of Europe for storage and further processing, including to Canada and the United States. For more information on how data transfers comply with the GDPR, see Shopify’s GDPR Whitepaper: https://help.shopify.com/en/manual/your-account/privacy/GDPR.

 

CCPA
If you are a resident of California, you have the right to access the Personal Information we hold about you (also known as the ‘Right to Know’), to port it to a new service, and to ask that your Personal Information be corrected, updated, or erased. If you would like to exercise these rights, please contact us by emailing hello@miann.co.

If you would like to designate an authorized agent to submit these requests on your behalf, please contact us at the address below.

 

How We Protect Your Personal Information
The security of your personally identifiable information is important to us and we are committed to handling such information carefully. We encrypt your personally identifiable information when it is sent over the Internet. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personally identifiable information, we cannot guarantee its absolute security.

 

Disclaimer of Warranties
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, (A) THE SITE IS PROVIDED “AS-IS” AND “WITH ALL FAULTS,” AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MIANN, INCLUDING ITS AFFILIATES, SUBSIDIARIES, LICENSORS, SUBCONTRACTORS, DISTRIBUTORS, SERVICES PARTNERS, AGENTS AND MARKETING PARTNERS) AND EACH OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS AND OFFICERS (COLLECTIVELY, THE “MIANN PARTIES”) DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE SITE, OR OTHERWISE RELATING TO THIS AGREEMENT, INCLUDING WARRANTIES AND CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT AND ACCURACY AND NON-INTERFERENCE; (B) NEITHER MIANN NOR ANY MIANN PARTY WARRANTS THAT (i) THE SITE IS OR WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR OTHER PROGRAM LIMITATIONS, (ii) THE SITE WILL MEET YOUR REQUIREMENTS, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) ANY ERRORS IN THE SITE WILL BE CORRECTED; (C) YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION OF PROBLEMS CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, UNLESS SUCH ERRORS OR VIRUSES ARE THE DIRECT RESULT OF MIANN’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (D) MIANN AND THE MIANN PARTIES, JOINTLY AND SEVERALLY, DISCLAIM AND MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY, QUALITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF THE FORMS, DATA, REPORTS, RESULTS OR OTHER INFORMATION OBTAINED, GENERATED OR OTHERWISE RECEIVED BY YOU FROM ACCESSING AND/OR USING THE SITE OR OTHERWISE RELATING TO THIS AGREEMENT, AND (E) USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK AND NEITHER MIANN NOR ANY OF THE MIANN PARTIES SHALL HAVE ANY LIABILITY OR RESPONSIBILITY THEREFORE.

 

Limitation of Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, IN NO EVENT WHATSOEVER SHALL MIANN BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOST TIME OR GOOD WILL, EVEN IF MIANN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. MIANN SHALL NOT BE LIABLE FOR ANY CLAIMS AGAINST YOU BY THIRD PARTIES. YOU ACKNOWLEDGE THAT THESE LIMITATIONS OF LIABILITY SHALL APPLY EVEN IF THE REMEDIES FAIL THEIR ESSENTIAL PURPOSE. User hereby acknowledges that this paragraph shall apply to all content, merchandise and services available through the Site. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.

 

Representations and Warranties
By using the Site, you represent and warrant that (a) you understand and agree that this Agreement is a legally binding agreement and the equivalent of a signed, written contract; (b) you will use the Site in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions of this Agreement; (c) you are authorized to sign for and bind any entity for whom you are acting a representative or other agent; (d) you will not impersonate any person or entity, misrepresent any affiliation with another person, entity or association, use false headers or otherwise conceal your identity from MIANN for any purpose.

 

Indemnification
You agree to indemnify, defend and hold harmless MIANN and the MIANN Parties from and against any and all claims and expenses, including reasonable attorneys’ fee, arising out of or related in any way to your use of the Site, violation of this Agreement, violation of any law or regulation or violation of any proprietary or privacy right.

 

Intellectual Property Ownership
All right, title and interest in the Site, including all copyrights, patents, trade secrets, trade dress and other proprietary rights, and any derivative works thereof, shall belong solely and exclusively to MIANN or its licensors, and you shall have no rights whatsoever in any of the foregoing. Nothing in this Agreement or otherwise will be deemed to grant to you an ownership interest in the Site, in whole or in part. All content and materials included as part of the Site, such as text, graphics, logos, button icons, images, audio clips, information, data, forms, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material, and software (the "Works") are the property of MIANN or its content suppliers and is protected by copyrights, trademarks, trade secrets, or other proprietary rights and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Works are copyrighted as individual works and as a collective work under the U.S. copyright laws (17 U.S.C. Section 101, et. seq.) and international treaty provisions, and MIANN owns a copyright in the selection, coordination, arrangement and enhancement thereof. You may not modify, remove, delete, augment, add to, publish, transmit, adapt, translate, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Works, in whole or in part. Any use other than as contemplated herein, including the reproduction, modification, distribution, transmission, adaptations, translation, republication, display, or performance, of the Works, except as specifically permitted herein, is strictly prohibited. You understand and acknowledge that unauthorized disclosure, use or copying of the proprietary products and services provided pursuant to this Agreement may cause MIANN and its licensors irreparable injury, which may not be remedied at law, and you agree that MIANN and its licensors' remedies for breach of this Agreement may be in equity by way of injunctive or other equitable relief.

 

Trademarks
The MIANN name and other related names, design marks, product names, feature names and related logos are trademarks of MIANN LLC and may not be used, copied or imitated, in whole or in part, without the express prior written permission of MIANN LLC. In addition, the look and feel of the Site (including all page headers, custom graphics, button icons, and scripts) constitutes the service mark, trademark and/or trade dress of MIANN and may not be copied imitated or used, in whole or in part, without the express prior written permission of MIANN LLC.

 

Account Access
Where use of the Site is contingent on you and your users accessing an "account" and/or inserting a "user-identification" and/or "password,” you agree that you will be solely responsible for the user-ids and passwords that are provided to you (as such passwords may be changed from time to time in accordance with features of the Site) to log-in. You and your users shall keep any correspondence you receive relating to or through the use of the Site (including, but not limited to, your user-id, passwords, and other registration or sign-in information) confidential and in a safe place and not disclose it to any third party. You will be responsible and liable for all communications and actions that take place through the use of your user-ids, including without limitation, any actions that occur without your authorization. Accordingly, it is your responsibility to take appropriate actions immediately if any password has been stolen, leaked, compromised or otherwise used without proper consent.

 

Payment Methods
You may pay for your orders with PayPal, Google Pay, Apple Pay or major credit cards issued in the United States of America. Currently, we accept Visa®, MasterCard®, American Express® and Discover® Card. 

 

General
This Agreement shall be governed by Washington law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction or the United Nations Convention on the International Sale of Goods, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Site, with the exception of claims for injunctive relief, shall be resolved in arbitration administered by the American Arbitration Association and located in Seattle, Washington. You may not under any circumstances commence or maintain against MIANN any class action, class arbitration, or other representative action or proceeding. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against MIANN may be commenced only in the federal or state courts located in King County, Washington. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.

Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises.

If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provisions shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provisions, with all other provisions remaining in full force and effect.

It may be necessary for MIANN to perform scheduled or unscheduled repairs, maintenance, or upgrades and such activities may temporarily degrade the quality of the Site or result in a partial or complete outage of the Site. MIANN provides no assurance that you will receive advance notification of such activities or that the Site will be uninterrupted or error-free. Any degradation or interruption in the Site shall not give rise to a refund or credit of any fees paid by you.

No joint venture, partnership, employment, or agency relationship exists between you and MIANN as a result of this agreement or use of the Site. The failure of MIANN to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by MIANN in writing.

Neither party shall be liable to the other party for any failure to perform any of its obligations (except payment obligations) under this Agreement during any period in which such performance is delayed by circumstances beyond its reasonable control including, but not limited to, fire, flood, war, embargo, strike, riot or the intervention of any governmental authority.

If you have not entered into another agreement with MIANN regarding the subject matter contained herein, then this Agreement comprises the entire agreement between you and MIANN and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding such subject matter. However, if you and MIANN have entered into another agreement regarding the subject matter set forth herein that is a written and signed agreement between you and MIANN, then this Agreement should be read and interpreted in conjunction with such agreement and, in the event of a conflict between this Agreement and a written, signed agreement between the parties, the written, signed agreement shall govern and control.

 

Updating this Privacy Policy
We reserve the right to change, modify, add, or remove portions of this Privacy Policy at any time. You should check this page periodically for changes. Your continued use of this Site following the posting of changes to this Privacy Policy will be considered your consent to those changes.

 

Support and Contact
If you have questions regarding this Privacy Policy, please contact us at hello@miann.co.

 

Effective Date: Jan 22nd, 2021